Having thus exchanged our full powers, we laid before the commissioners a
memorandum, a copy of which is inclosed, in which we stated in general terms
the purpose of the government in our appointment, the difficulties which
confronted it in consequence of the excessive immigration of Chinese, and
its desire to secure such modification of existing treaties as should leave
it free to deal with the questions growing out of the immigration of
Chinese, as public interests might demand.
The commissioners and other ministers present, having read this paper,
remarked upon the friendliness of its tone, and stated that they were
desirous of reaching a solution of the questions involved at an early
moment. They added that they would consult with Prince Kung and send us a
memorandum in response at an early day. The interview then ended.
Upon the 7th instant we received the response as promised, a copy of which is
herewith inclosed. We at once sought a further interview with the
commissioners, and had purposed meeting them to-day, but, at their request,
the interview has been deferred to the 13th instant.
We do not think it necessary at the moment to trouble you with the obvious
reply to be made to this very inconsequential document. It will be forwarded
at an early day. The Department may be assured that we shall not recognize
the right of the Chinese Government to go behind the language of the
representatives of the Government of the United States and assign motives
and reasons for its diplomatic action other than those defined by
itself.
[Inclosure 1 in No. 6.]
memorandum.
After the exchange of full powers which has just taken place, it becomes
the duty of the commissioners of the United States to lay before the
commissioners of China with entire frankness the purpose of their
mission.
Fortunately the relations of the two countries have been of unbroken and
increasing friendship from the date of the first treaty negotiated
between them to the present moment. It is only natural that it should
have been so. Without conflicting interest to disturb their relations,
representing in their territorial extent and in their
[Page 172]
large populations, the power of the two
great nations which occupy the shores of the Pacific Ocean, they are
united by the consciousness that free intercourse between them properly
conducted can only be beneficial to both.
We have now had the experience of many years as to the effect of that
intercourse, and our object is, in full and friendly consultation with
the representatives of the Chinese Government, to ascertain what
modifications in its regulation may have become necessary, as the effect
upon those interests has now come to be known to both governments by the
practical operation of existing treaties.
Under the treaties which have from time to time been negotiated between
the two countries, the merchants of the United States have resorted to
the treaty ports of China in the pursuit of their calling, while those
of China have come to the United States, where they have been made
welcome to engage in trade in all parts of the country, and have been
uniformly protected in their rights, and their merchants have exchanged
the products of the two countries, as we believe, to the mutual
advantage of both.
There has also been a constant and useful international communication,
taking its rise in motives of philanthropy, or a respectful curiosity as
to the habits, manners, and institutions of each other, which the
students of all nations have been at all times permitted and encouraged
to cultivate.
But we wish to ask the attention of the Chinese Government to a species
of intercourse which has increased to a large extent within the last few
years, and which has subjected the Government of the United States to
very grave embarrassments.
A class of Chinese subjects immigrating to the United States without the
purpose of changing their allegiance and intending only a temporary,
residence, claims all the privileges and exemptions provided by express
treaty stipulations for “permanent residence.” This same class,
consisting entirely of laborers, coming in great numbers, with the
avowed intention of early return, and concerted arrangements for a new
supply, with the almost absolute exclusion of all family and domestic
relations in their association, and jealously preserving their peculiar
nationality in dress, language, creed, and habits, claims that it is
entitled to all the privileges of the subjects and citizens of the most
favored nation; although the immigration from no other nation at all
resembles this in its purpose, its methods, or its consequences. All
other immigrants come to the United States with the express purpose of
changing their allegiance, with their wives and children, to be in the
course of a generation completely incorporated into the country of their
adoption.
Of late years this immigration has concentrated itself in cities and come
into direct competition with native laborers, making their struggle for
livelihood a hard one and disabling them, by their exclusion from
accustomed work, to discharge those social and political duties which
the Government of the United States expects from every one of its
citizens. This competition engenders popular discontent and raises
questions which, if left unsettled, may disturb the friendly relations
of the two countries.
The commissioners of China will, we are sure, understand how grave a
problem it would be, for the solution of their own government, if one
hundred thousand foreign laborers were in a body introduced into the
capital, or into any great city of the empire, to bring their new and
strange manners and habits and to take the places of the same number of
native Chinese, whose ability to discharge their duties as subjects by
contributing their taxes and fulfilling their other; liabilities, was in
great measure dependent upon their capacity to maintain themselves and
their families by their daily work.
In addition to this, it must be remembered that from the enormous
population of China, such a number of immigrants could be gathered under
the stimulant of gain to those who sent them as would exceed the native
population of more than one of the United States, unless the Governments
of China and the United States recognize their common right to deal with
this subject by such legislation as the best-interests of both countries
require.
The commissioners of the United States would also call to the attention
of the Chinese Government, that for this extension of these privileges
to all Chinese subjects throughout the whole territorial integrity of
the United States, the citizen of the United States is only entitled to
the limited hospitality of a few open ports, and in them only for the
purpose of trade, travel, or residence.
But the Government of the United States does not wish to conduct this
discussion in any controversial spirit. It has no desire or intention to
do injustice to the character of the Chinese laborer. But it does feel
justified in asking that it shall be allowed to judge for itself to what
extent the immigration of Chinese labor is useful and advantageous, and
that whenever at particular times or particular places it feels that its
social or industrial interests require a limitation or prohibition of
such immigration, it shall have the authority with due communication to
the representatives of the Chinese Government to regulate it as is most
consonant with those interests.
[Page 173]
So far as those are concerned who, under treaty guarantee, have come to
the United States, the government recognizes but one duty, and that is
to maintain them in the exercise of their treaty privileges against any
opposition, whether it takes the shape of popular violence or of
legislative enactment. And that the Government of the United States has
fully discharged this duty is apparent from the fact which we may assume
is within the knowledge of the Chinese Government, that the courts of
the United States have, on every occasion where the issue has been
raised, sustained the privilege of the treaty against the limitation of
the State law. The disturbances which have sometimes occurred from
occasional excitement of popular feeling are too small and too rare to
furnish subject of discussion now.
The Government of the United States feels that in bringing this subject
to your attention, it is deferring to the opinion of the Chinese
Government, which, if we are rightly informed, has never encouraged the
immigration of its people, which does not wish that immigration from
China should be assimilated to immigration from other countries, and
which prefers that such immigration should be under its own control.
The commissioners of the United States feel that they are warranted in
thus interpreting the wishes of the Chinese Government, from the fact
that in a recent treaty with Spain the Chinese Government granted to the
local authorities of the Island of Cuba the right to exercise a
discretion of the same character which the Government of the United
States desires should be recognized as its right.
As the most earnest desire and purpose of the Government of the United
States are not only to adhere with scrupulous fidelity to their treaty
obligations, but to construe all such obligations in that spirit of
friendly liberality which has marked its relations with the Chinese
Government, we have been instructed to meet you in amicable consultation
to review such treaty provisions as bear upon the subject, and to seek
with you a solution of the difficulties which will be alike honorable
and satisfactory to both countries. Any suggestion of the Chinese
Government as to the form in which such modification of existing
treaties can be made most agreeable to it will receive from us the most
respectful and attentive consideration.
[Inclosure 2 in No. 6.]
Their excellencies Pao and
Li to the commissioners.
Upon the 1st instant your excellencies left with us at the foreign office
a memorandum upon certain treaty modifications. We have carefully
considered it, and beg to submit a note in response. We shall he glad to
hear how it strikes your excellencies.
A few days since the full powers of the, commissioners
plenipotentiary on either side were mutually inspected. We presume
your excellencies have had a translation of our full powers made and
have sufficiently examined them. We have submitted yours to the
Prince, and now beg to return them herewith. Will you be so good as
to receive them and to return ours to this office at your
convenience?
Upon the 1st instant your excellencies came to, the foreign office
and personally handed to us a minute upon certain treaty
modifications. We have given this paper our careful consideration.
The objective point of its several sections is a discussion in a
friendly spirit which shall result in mutual benefit, and shall be
free from harm to either party.
China and the United States have been on friendly terms from the
first. But from the ratification of the Burlingame treaty a decided
strengthening in our relations of amity has been seen.
The people of either country have passed to and from the other, and
have never failed to receive all the benefits, privileges, and
immunities guaranteed to them by the treaties. To refer, for
example, to the Chinese laborers in California: Their number
certainly is not small. Being from a race of dwellers upon the
sea-coast, they have desired to go thither, and have regarded
California as a land of abundance and as furnishing great
opportunites. They have also rejoiced in the freedom of the United
States. Hence they have not gone there as the result of deceit, or
by being kidnapped, nor under contract as coolies, but have flown
thither as the wild geese fly.
In the many years of Chinese emigration to California a hundred lines
of enterprise have arisen, and commercial activity has developed to
an immense extent. The Chinese have given a large amount of their
labor to your people, and the benefits of that labor to your country
have certainly not been few. But now, because the Chinese do good
work for small remuneration, the rabble are making complaints. Since
the amount paid to the laborer is small, the employer is able to
save more, and hence the
[Page 174]
benefit still inures to the citizen of the United States. This would
seem to t>e fair reasoning the world over.
Last year the Congress of the United States passed an act restricting
the immigration of Chinese, which the President of the United States
vetoed. This year there has also been discriminative legislation
against them, which the courts have declared unconstitutional, and
hence invalid. Some time since Mr. Seward handed to us the report of
Senator Morton upon Chinese immigration, in which he held that it
would certainly be wrong to restrict the coming of the Chinese. He
quoted the Constitution of the United States adopted at the
establishment of the government, which declares: “Our territory is
broad and our people few in number. People of all nations shall be
permitted to come to our land without let or hinderance.” He also
quoted the Burlingame treaty, which declares that the people of
either country shall be permitted to go freely to the other, either
with the purpose of residing permanently there, and of becoming
citizens or subjects, or temporarily; that they shall go voluntarily
and shall not be hindered.
These statements, both official and personal, are all to the point.
If now because of temporary competition between the Irish and
stranger guests a decision is lightly taken to change the policy of
the government, contradiction with the Constitution of the United
States and existing treaties cannot be avoided.
Since the establishment of treaty relations between the two
countries, citizens of the United States in China have not been
relegated to the jurisdiction of the Chinese authorities. China has
accorded this privilege to the United States. Chinese subjects have
been permitted to go and come at their pleasure. The United States
has granted this concession to China. At the ratification of this
treaty the people of both sides of the Pacific Ocean leaped,
shouted, and clapped their hands with joy and pleasure, friendly
relations were firmly established, divisions were obliterated, the
people could come and go as they chose, and the governments only
heeded the wishes of the people. All this was eminently just and
honorable in the highest degree to the United States. This being so,
when other powers were exceedingly urgent in their need of Chinese
labor, and desired this government to allow its subjects to go of
their own free will, this government, because those other powers
treated the Chinese laborer harshly and not with the kindness shown
them by the United States, could not do otherwise than take this
difference into consideration.
Hence the facts which resulted in the stipulation referred to in the
Cuban convention are unlike the circumstances in the United States,
and your government should not look upon that stipulation as a
satisfactory rule of action. In a word, there are Chinese who go to
the United States as merchants and traders, and there are also
Chinese who go there as laborers. Formerly, when there was a demand
for these laborers, the only fear was that they would not go
thither; and now, because of the influence of violent men, there
exists a desire that they stay away.
In consideration of the permanent friendship between the two
countries, it is believed that the United States by no means
entertains this idea. But as the number of Chinese laborers in
California is daily increasing there cannot but be abuses. This is
manifestly true. Hence, last year the foreign office consented to
enter upon negotiations with Mr. Seward to prohibit the four classes
of cooly laborers, criminals, prostitutes, and diseased persons from
going thither.
Since now your excellencies desire to discuss this business further
with us, we are ready to discuss further the proposition of Mr.
Seward, with the hope that an equitable solution may be reached, and
that the purpose of avoiding difficulties and securing beneficial
results may not be lost sight of on either side, provided always
that such negotiations shall not be contrary to the stipulations of
the Burlingame treaty.
We are by no means unalterably fixed in our views.
