Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-09-17

the privileges of the public educational
institutions under the control of the
Government of China, and Chinese
citizens to be at liberty to enjoy the
like privileges in the United States.
By this article also, citizens Of the
United States may freely establish and
maintain schools within the Empire of
China at those places where foreigners
are by treaty permitted to reside" In
return for this it is provided that
Chinese subjects may enjoy the same
privileges and immunities in the Uni
ted States" In other words, in the
seventh article as in the sixth, the
half dozen treaty ports, more or less,
of China, are set off against the whole
extent Of the United States
AS Article VI was triumph in he
half Of the Chinese people rs relates to
this country, so Article VIII was tri-
umph for them at home This article
was n clear and formal waiver on our
part Of the claims which our envoys,
both before and since, have made to
interfere in the internal affairs OF the
Empire. For although this was right
and proper in itself it was none the
less an evidence of weakness as con-
tradicting our own pretensions, and of
| undue solicitude for the welfare Of
China while neglecting our own. In
the exact words of the treaty." the Uni
ted States do hereby freely disclaim
and disavow any intention or right to
intervene in the domestic administra-
ton of China in regard to the con-
struction of railroads, telegraphs, or
other material internal Improvements"
To render this still more potent and
definite, His Majesty, the Emperor of
China, reserves to himself the right
to decide the time and manner and
circumstances of introducing such inn
provements within his dOminions,"
but the genuflexions of our Govern
ment went still lower, for, to again
quote from the treaty, it was, agreed
by the contracting parties tlfat if at
at any time hereafter His Imperial
Majesty shall determine to construct
or cause to be constructed works of
the character mentioned, within the
Empire, and shall make application to
the United States, or any other west
ern power, for faculties to carry out
that policy, the United States will in
that case designate and authorize suit
able engineers to be employed by the
Chinese Government, and will recon-
mend to other nations an equal CON-
pliance with such application" BY
this We are bound to supply on de-
mand teachers in engineering to the
Chinese Government, and are also OBJ
ligated to become their humble advo-
Gates in urging their requests upon
the cabinets of Europe.
In these seven articles is comprised
the whole of the Burlingame treaty.
1t is composed of these seven articles
and no more. Not one of these arti-
cles has ever brought, or is capable of
ever bringing, any advantage to this
country in return for the concessions
of China. Yet it was this treaty which
was ratified by our Government and
hailed by large portion OF our people.
with an affluence of delight as inau-
gurating a new era of peace and good
will to men. Never was human folly
more thoroughly exemplifed, and nev-
er has it been punished more speedily
or with greater bitterness. 1t is twelve
years since the ratification of the Bur-
lingame treaty, and to-day on our Pa
cific coast the MongOl is stronger than
we, and in the eastern portion of our
country his advent adds new element
to the complex problems of our rest
less society and lays new burden on
the already overweighted shoulders OF
the producing classes. That an inter-
national contract in which the advan
tages are all on one side and all the
disadvantages on the other; in which
no equivalent is rendered for benefits
offered or inconveniences endured, can
be morally or equitably binding, is a
proposition absurd upon its face.
There is, morever, another solution
of the question of right, which should
satisfy even those who, deeming equity
insufficient and expediency thing Of
evil growth, contend for legal forms
as the embodiment of justice. 1t is an
axiom of all law that where a contract
is broken by one Of the parties thereto
it cannot be held to be obligatory on
the other. Grotius authoritatively de-
| clares that "every article OF treaty
carries with it condition, by the non-
performance Of which the treaty is
wholly cancelled" and Vattel enforces
the same idea in the following words,
the party who is offended or injured
in those particulars which constitute
the basis Of the treaty is at liberty to
choose the alternative OF either COM
pelling faithless ally to fulfill his en-
gagement or Of declaring the treaty
dissolved by his violation of it." The
principle indeed cannot be controvert-
ed, for were it otherwise one party
fagrantly violating an international
compact could still compel another to
fulfill pledges given in consideration
Of the very pledges fagitiously broken.
This is precisely the condition Of af.