CHINA. 



113 



who were selected to accompany Mr. Burlin- 

 game, dispatches were addressed to the foreign 

 ministers in Pekin, to the effect that the 

 Chinese are novitiates in the art of foreign 

 diplomacy, and that one object in their ap- 

 pointment is to fit them to represent China at 

 the courts of the treaty powers at a future 

 date. The document expresses a strong wish 

 on the part of the Chinese to become better 

 understood by foreign powers, and evinces a 

 desire to enter upon a course of progress. 



Mr. Burlingame left Pekin on the morning 

 of November 25th. He was escorted to the 

 gates by all the foreign residents, including 

 his colleagues in the diplomatic body. In his 

 suite were the late Secretary of the British Le- 

 gation, a French gentleman lately holding a 

 high office in the Maritime Customs, two man- 

 darins, six attaches selected from the new col- 

 lege at Pekin, and some twenty others. The 

 party were compelled to stop at a village about 

 forty-five miles from Pekin, and send to that 

 city for an armed escort to protect them from 

 a formidable band of robbers which was scour- 

 ing the district. Fortunately, they were not 

 attacked. 



Mr. Burlingame arrived at Shanghai on De- 

 cember 10, 1867", and sailed from there for 

 Europe on February 25, 1868. Before leaving, 

 he made a visit of courtesy to the Viceroy, 

 resident at Nanking. Prior to and during his 

 absence the official proclamation of the crea- 

 tion of the mission and the appointment of Mr. 

 Burlingame was issued, and, during his stay 

 at Shanghai, the high mandarins and govern- 

 ment officials in the region round about 

 Shanghai made official calls upon Mr. Burlin- 

 game, and manifested in every way the ex- 

 treme respect and awe in which they held him 

 in consequence of the position in which he 

 had been confirmed, and the unprecedented 

 dignity conferred upon him. It was found 

 impossible to prevent them from prostrating 

 themselves before Mr. Burlingame, and he 

 could only remain passive and receive their 

 attentions. On March 31st, Mr. Burlingame 

 and the other members of the embassy arrived 

 at San Francisco, where they were received 

 with great honors. After a short stay in San 

 Francisco, Mr. Burlingame proceeded to Wash- 

 ington, and entered at once into negotiations 

 for a treaty, containing additional articles to 

 the treaty of June 18, 1858. On the 4th of 

 July, the treaty was signed in "Washington ; on 

 the llth it was transmitted to the Senate, 

 which on the 16th ratified it, with but few 

 and slight modifications. The text of the 

 treaty, as ratified by the Senate, is as follows : 



Additional articles to the treaty between the United States 

 of America and the Ta-Tsing Empire, of the 18th of 

 June, 1858. 



Whereas, since the conclusion of the treaty between 

 the United States of America and the Ta-Tsing em- 

 pire (China), of the 18th of June, 1858, circumstances 

 have arisen showing the necessity of additional arti- 

 cles thereto, the President of the United States and 

 the august sovereign of the Ta-Tsing empire having 

 VOL. vm. 8 A 



named for their plenipotentiaries, to wit, the Presi- 

 dent of the United States of America, Wm. H. Sew- 

 ard. Secretary of State, and his Majesty the Emperor 

 of China, Anson Burlingame, accredited as his Envoy 

 Extraordinary and Minister Plenipotentiary, and 

 Chih-Kang and Sun Chia-Ku, of the second Chinese 

 rank, associated High Envoys and Ministers of his 

 said Majesty, and the said plenipotentiaries, after 

 having exchanged their full powers found to "be in 

 due and proper form, have agreed upon the following 

 articles : 



ARTICLE 1. His Majesty the Emperor of China, 

 being of the opinion that, in making concessions to 

 the citizens or subjects of foreign powers of the privi- 

 lege of residing on certain tracts of land, or resorting 

 to certain waters of that empire for the purposes of 

 trade, he has by no means relinquished his right of 

 eminent domain or dominion over the said land and 

 waters, hereby agrees that no such concession or 

 grant shall be construed to give to any; power or 

 party which may be at war with or hostile to the 

 United States the right to attack the citizens of the 

 United States or their property within the said lands 

 or waters ; and the United States, for themselves, 

 hereby agree to abstain from offensively attacking the 

 citizens or subjects of any power or party, or their 

 property, with which they may be at war, on any such 

 tract of land or waters of the said empire ; but noth- 

 ing in this article shall be construed to prevent the 

 United States from resisting an attack by any hostile 

 power or party upon their citizens or their property. 

 It is further agreed that if any right or interest in any 

 tract of land in China has been or shall hereafter be 

 granted by the^ Government of China to the United 

 States or their citizens for purposes of trade or com - 

 merce, that grant shall in no event be construed to 

 divest the Chinese authorities of their right of juris- 

 diction over persons and property within said tract 

 of land, except so far as that right may have been 

 expressly relinquished by treaty. 



ART. 2. The United States of America and his 

 Majesty the Emperor of China, believing that the 

 safety and prosperity of commerce will thereby best 

 be promoted, agree that any privilege or immunity 

 in respect to trade or navigation within the Chinese 

 dominions, which may not have been stipulated for 

 by treaty, shall be subject to the discretion of the 

 Chinese Government and may be regulated by it ac- 

 cordingly, but not in a manner or spirit incompatible 

 with the treaty stipulations of the parties. 



ART. 3. The Emperor of China snail have the right 

 to appoint consuls at ports of the United States, who 

 shall enjoy the same privileges and immunities as 

 those which are enjoyed, by public law and treaty, in 

 the United States by the consuls of Great Britian and 

 Eussia, or either of them. 



ART. 4. The twenty-ninth article of the treaty of 

 the 18th of June, 1858, having stipulated for the ex- 

 emption of Christian citizens of the United States and 

 Chinese converts from persecution in China on ac- 

 count of their faith, it is further agreed that citizens 

 of the United States in China of every religious per- 

 suasion and Chinese subjects in the United States 

 shall enjoy entire liberty of conscience and shall be 

 exempt 'from all disability of persecution on account 

 of their religious faith or worship in either country. 

 Cemeteries for the sepulture of the dead, of whatever 

 nativity or nationality, shall be held in respect and 

 free from disturbance or profanation. 



ART. 5. The United States of America and the Em- 

 peror of China cordially recognize the inherent and 

 inalienable right of man to change his home and alle- 

 giance, and also the mutual advantage of the free mi- 

 gration and emigration of their citizens and subjects 

 respectively from the one country to the other for 

 purposes of curiosity, trade, or as permanent resi- 

 dents. The high contracting parties, therefore, join, 

 in reprobating any other than an entirely volun- 

 tary emigration for these purposes. They conse-- 

 quently agree to pass laws making it a penal offence 



