Speech #500117776

Let us look a moment to the treaty tipulations between the United States and China. What is known as the Burlingame treaty was ratified on the 28th day of July. 1868. In the fifth article of that treaty it is provided thatThe United States of America. and the Emperor of China. cordially recognize the inalienable right of man to change his home and allegiance. and also the mutual advantage of the free migration and emigration of their citizens and subjects. respectively. from the one country to the other for purposes of curiosity. of trade. or as permanent residents. In the sixth article of the same treaty it is provided thatCitizens of the United States visiting or residing in China shall enjoy the same privileges. immunities. and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation. and reciprocally. Chinese subjects visiting or residing in the United States shall enjoy the same privileges. immunities. and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation. But nothing herein contained shall be held to confer naturalization upon citizens of the United States in China. nor upon the subjects of China in the United States. These provismons are very strong and very pointed. The two governments recognize by this treaty the inalienable right of man to change his home and his allegiance. and also the mutual advantage of the free migration and emigration of their citizens and subjects respectively from the one country to the other for the purposes of curiosity or trade or as permanent residents. And to the citizens and subjects of each the treaty guaranties all the rights of citizens and subjects of the most favored nation. But I am aware that this treaty has been changed and modified by agreement of both governments. On the 17th day of November. 1880. the Government of the United States and the Emperor of China entered into an amendatory treaty. by the first section of which it is provided thatWhenever in the opinion of the Government of the United States the coming of Chinese laborers to the United States or their residence therein affects or threatens to affect the interest of that country. or to endanger the good order of the said country. or of any locality within the territory thereof. the Government of China agrees that the Government of the United States may regulate. limit. or suspend such coining or residence. but may not absolutely prohibit it. The limitation or suspension shall be reasonable. and shall apply only to Chinese who may go to the United States as laborers. other classes not being included in the limitation. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation. limitation. and suspension of immigration. and immigrants shall not be subject to personal maltreatment or abuse. By the second section of the same treaty it is provided thatChinese subjects. whether proceeding to the United States as teachers. students. merchants. or fromcuriosity. together with their body and household servants and Chinese laborers who are now in the United States. shall beallowed to go and come of their own free will and accord. and shall be accorded all the rights. privileges. immunities. and exemptions which are accorded to citizens or subjects of the most favored nation. Article III of the same treaty provides thatIf Chinese laborers or Chinese of any other class. now either permanently or temporarily residing in the territory of the United States. meet with maltreatmentatthe landsof any other persons. the Governmentof the United States will exert all its powers to devise measures for their protection. and to secure to them the same rights. privileges. imnmnities. and exemptions as may be enjoyed by citizens or subjects of the most favored nation. and to which they are entitled by treaty.