diff options
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 33077-0.txt | 1055 | ||||
| -rw-r--r-- | 33077-0.zip | bin | 0 -> 24052 bytes | |||
| -rw-r--r-- | 33077-h.zip | bin | 0 -> 25507 bytes | |||
| -rw-r--r-- | 33077-h/33077-h.htm | 1254 | ||||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 |
7 files changed, 2325 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/33077-0.txt b/33077-0.txt new file mode 100644 index 0000000..c1f0c12 --- /dev/null +++ b/33077-0.txt @@ -0,0 +1,1055 @@ +The Project Gutenberg EBook of The Treaty With China, its Provisions +Explained, by Mark Twain + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Treaty With China, its Provisions Explained + New York Tribune, Tuesday, August 28, 1868 + +Author: Mark Twain + +Release Date: July 4, 2010 [EBook #33077] +Last Updated: February 24, 2018 + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK TREATY WITH CHINA *** + + + + +Produced by John Greenman, Martin Zehr, and David Widger + + + + + +THE TREATY WITH CHINA + +ITS PROVISIONS EXPLAINED + + +New York Tribune, Tuesday, August 28, 1868 + + +Every one has read the treaty which has just been concluded between +the United States and China. Everyone has read it, but in it there are +expressions which not every one understands. There are clauses which +seem vague, other clauses which seem almost unnecessary, and still +others which bear the flavor of “surplusage,” to speak in legal +phrase. The most careful reading of the document will leave these +impressions--that is, unless one comprehends the past and present +condition of foreign intercourse with China--in which case it will be +seen at once that there is no word in the treaty without a meaning, +and no clause in it but was dictated by a present need or a wise policy +looking to the future. It will interest many of your readers to know why +this, that, and the other provision was incorporated in the treaty; +it will interest others to know in what manner and to what extent the +treaty will affect our existing relations with China. Apart from its +grave importance, the subject is really as entertaining as any I know +of and--asking pardon for the presumption--I desire to write a +few paragraphs upon it. We made a treaty with China in 1858; Mr. +Burlingame's new treaty is an addition to that one, and an amplification +of its powers. The first article of this new treaty reads as follows: + + ARTICLE I. His Majesty, the Emperor of China, being of the + opinion that in making concessions to the citizens or + subjects of foreign Powers of the privilege 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 + nothing 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 commerce, that grant shall in no + event be construed to divest the Chinese authorities of + their right of jurisdiction over persons and property within + said tract of land, except so far as that right may have + been expressly relinquished by treaty. + +In or near one or two of the cities of China the Emperor has set apart +certain tracts of land for occupation by foreigners. The foreigners +residing upon these tracts create courts of justice, organize police +forces, and govern themselves by laws of their own framing. They levy +and collect taxes, they pave their streets, they light them with gas. +These communities, through liberality of China, are so independent and +so unshackled that they have all the seeming of colonies--insomuch +that the jurisdiction of China over them was in time lost sight of and +disregarded--at least, questioned. The English communities came to be +looked upon as a part of England, and the American colonies as part of +America; and so, after the Trent affair, it was seriously held by many +that the Confederate ships of war would be as justifiable in making +attacks upon the American communities in China as they would be +in attacking New York or Boston. This doctrine was really held, +notwithstanding the supremacy of China over these tracts of land was +recognized at regular intervals in the most substantial way, viz., by +way of payment to the Government of a stipulated rental. Again, these +foreign communities took it upon themselves to levy taxes upon +Chinamen residing upon their so-called “concessions,” and enforce their +collection. Perhaps those Chinamen were as well governed as they have +been anywhere in China, perhaps it was entirely just that they should +pay for good government--but the principle was wrong; it was an +encroachment upon the rights of the crown, and caused the Government +uneasiness; the boundary thus passed there was no telling how far the +encroachment might be pushed. The municipal council which taxed these +Chinamen was composed altogether of foreigners, so there was taxation +without representation--a policy which we fought seven years to +overthrow. The French have persistently claimed the right to exercise +untrammeled jurisdiction over both natives and foreigners residing +within their “concessions,” but the present Minister, Monsieur Moustier, +has yielded this position in favor of the anti-concession doctrine, +and thus have ignored the “eminent dominion” of the Chinese Government. +Under Article 1 of the new treaty, the question of whether an enemy +of America can attack an American colony in China is answered in the +negative. Under it the right of the Chinese Government to regulate the +governing, taxing, and trying of its subjects resident within American +“concessions” is recognized--in a word, its supreme control over its +own people is recognized. Also (in the final sentence) its control over +scattering foreigners (of nationalities not in treaty relations with +China) not enrolled the regular concessions is “granted.” During a war +between Russia and Denmark, a Prussian man-of-war captured two Danish +vessels lying at harbor in a Chinese harbor or roadstead, and carried +them off. Article 1 of this treaty pledges that like offenses shall +not be committed in Chinese waters by American cruisers, and looks to +Chinese protection of American ships against such outrages. + + 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 + accordingly, but not in a manner or spirit incompatible with + the treaty stipulations of the parties. + +At a first glance, this clause would seem unnecessary--unnecessary +because the granting of any privilege not stipulated in a treaty with +China, must of course be a matter entirely subject to the pleasure of +the Chinese Government. Yet the clause has its significance. There is +in China a class of foreigners who demand privileges, concessions +and immunities, instead of asking for them--a class who look upon +the Chinese as degraded barbarians, and not entitled to charity--as +helpless, and therefore to be trodden underfoot--a tyrannical class who +say openly that the Chinese should be forced to do thus and so; that +foreigners know what is best for them, better than they do themselves, +and therefore it would be but a Christian kindness to take them by the +throat and compel them to see their real interests as the enlightened +foreigners see them. These people harass and distress the Government by +constantly dictating to it and meddling with its affairs. They beget and +keep alive a “distrust” of foreigners among the Chinese people. It +will surprise many among us to know that the Chinese are eminently +hospitable, by nature, toward strangers. It will surprise many whose +notion of Chinamen is that they are a race who formerly manifested their +interest in shipwrecked strangers by exhibiting them in iron cages in +public, in a half-starved condition, as rare and curious monsters, +to know that a few hundred years ago they welcomed adventurous Jesuit +priests, who struggled to their shores, with great cordiality, and gave +to them the fullest liberty in the dissemination of their doctrines. I +have seen at St. Peter's, in Rome, a picture of certain restive Chinamen +barbecuing some 80 Romish priests. This was an uncalled for stretch of +hospitality--if it be proposed to call it hospitality at all. But the +caging and barbecuing of strangers were disagreeable attentions which +were secured to those strangers by their predecessors. As I have said, +the Chinese were exceedingly hospitable and kind toward the first +foreigners who came among them, 200 or 300 years ago. They listened to +their preachings, they joined their Church. They saw the doctrines of +Christianity spreading far and wide over the land, yet nobody murmured +against these things. The Jesuit priests were elevated to high offices +in the Government. China's confidence in the foreigners was not +betrayed. In time, had the Jesuits been let alone, they would have +completely Christianized China, no doubt; that is, they would have +made of the Chinese, Christians according to their moral, physical, and +intellectual strength, and then given Nature a few generations in which +to shed the Pagan skin, and sap the Pagan blood, and so perfect the +work. For, be it known, one Jesuit missionary is equal to an army of +any other denomination where there is actual work to be done, and solid, +unsentimental wisdom to be exercised. However, to pursue my narrative, +some priests of the Dominican order arrived, and very shortly began +to make trouble. They began to cramp the privileges of converts; they +flouted the system of persuasion of the Jesuits, and adopted that of +driving; they meddled in politics, they became arrogant and dictatorial, +they fomented discords everywhere--in a word, they utterly destroyed +Chinese confidence in foreigners, and raised up Chinese hatred and +distrust against them. For these things they were driven out of the +country. When strangers came, after that, the Chinese, with that calm +wisdom which comes only through bitter experience, caged them, or +hanged them. I spoke, a while ago, of a domineering, hectoring class +of foreigners in China who are always interfering with the Government's +business, and thus keeping alive the distrust and dislike engendered by +their kindred spirits, the Dominicans, an age ago. They clog progress. +Article 2 of the treaty is intended to discountenance all officious +intermeddling with the Government's business by Americans, and so move +a step toward the restoration of that Chinese confidence in strangers +which was annihilated so long ago. + + ART. 3. The Emperor of China shall 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 Britain and Russia, or either of them. + +And soon--perhaps within a year or two--there will doubtless be a +Chinese Envoy located permanently at Washington. The Consuls referred +to above will be appointed with all convenient dispatch. They will be +Americans, but will in all cases be men who are capable of feeling pity +for persecuted Chinamen, and will call to a strict account all who wrong +them. It affords me infinite satisfaction to call particular attention +to this Consul clause, and think of the howl that will go up from the +cooks, the railroad graders, and the cobble-stone artists of California, +when they read it. They can never beat and bang and set the dogs on +the Chinamen any more. These pastimes are lost to them forever. In San +Francisco, a large part of the most interesting local news in the daily +papers consists of gorgeous compliments to the “able and efficient” + Officer This and That for arresting Ah Foo, or Ching Wang, or Song Hi +for stealing a chicken; but when some white brute breaks an unoffending +Chinaman's head with a brick, the paper does not compliment any officer +for arresting the assaulter, for the simple reason that the officer does +not make the arrest; the shedding of Chinese blood only makes him laugh; +he considers it fun of the most entertaining description. I have seen +dogs almost tear helpless Chinamen to pieces in broad daylight in San +Francisco, and I have seen hod-carriers who help to make Presidents +stand around and enjoy the sport. I have seen troops of boys assault +a Chinaman with stones when he was walking quietly along about his +business, and send him bruised and bleeding home. I have seen Chinamen +abused and maltreated in all the mean, cowardly ways possible to the +invention of a degraded nature, but I never saw a policeman interfere in +the matter and I never saw a Chinaman righted in a court of justice +for wrongs thus done him. The California laws do not allow Chinamen +to testify against white men. California is one of the most liberal +and progressive States in the Union, and the best and worthiest of her +citizens will be glad to know that the days of persecuting Chinamen are +over, in California. It will be observed by Article 3 that the Chinese +consuls will be placed upon the same footing as those from Russia and +Great Britain, and that no mention is made of France. The authorities +got into trouble with a French consul in San Francisco, once, and, in +order to pacify Napoleon, the United States enlarged the privileges +of French consuls beyond those enjoyed by the consuls of all other +countries. + + ART. 4. The twenty-ninth article of the treaty of the 18th + of June, 1858, having stipulated for the exemption of + Christian citizens of the United States and Chinese converts + from persecution in China on account of their faith, it is + further agreed that citizens of the United States in China, + of every religious persuasion, and Chinese subjects in the + United States shall enjoy entire liberty of conscience, and + shall be exempt from all disability or persecution on + account of their religious faith or worship in either + country. Cemeteries for sepulture of the dead of whatever + nativity or nationality shall be held in respect and free + from disturbance or profanation. + +The old treaty protected “Christian” citizens of the United States from +persecution. The new one is broader. It protects our citizens “of every +religious persuasion”--Jews, Mormons, and all. It also protects Chinamen +in this country in the worship of their own gods after their own +fashions, and also relieves them of all “disabilities” suffered by them +heretofore on account of their religion. This protection of Christians +in China is hardly necessary now-a-days, for the Chinamen have about +fallen back to their ancient ample spirit of toleration again as regards +religion. Anybody can preach in China who chooses to do it. He will not +be disturbed. The former persecution of Christians in China, which +was brought about by the Dominicans, seldom extended to the maiming +or killing of converts anyhow. They generally invited the convert to +trample upon a cross. If he refused, he was proven a Christian, and +so was shunned and disgraced. This diminished the list of Chinese +Christians very much, but did not root out that religion by any means. +Religious books have been written, and translations made, by Chinese +Christians, and there are as many as a million converts in China at +the present time. There are many families who have inherited their +Christianity by direct descent through six generations. In fact, it is +believed that Christianity existed in China 1,100 years ago. For many +years the missionaries heard vaguely, from time to time, of a monument +of the seventh century which was reported to be still standing over the +grave of some forgotten Christian far out in the interior of China. Two +of these missionaries, the Revs. Messrs. Lees and Williams, traveled +west 1,000 miles and found it. This brings me back to the fact, before +stated, that the religious toleration and protection guaranteed by +Article 4, are needed more by Chinamen here than by Americans in China. +Those two missionaries traveled away out into the heart of China, +preaching the Gospel of Christ every day, always being listened to +attentively by large assemblages, and always kindly and hospitably +treated. Moreover, these missionaries sold--mind you, sold, for cash, +to these assemblages--20,000 copies of religious books, thus wisely and +pleasantly combining salvation with business. If a Chinese missionary +were to come disseminating his eternal truths among us, we would laugh +at him first and bombard him with cabbages afterward. We would do this +because we are civilized and enlightened. We would make him understand +that he couldn't peddle his eternal truths in this market. China is one +of the few countries where perfect religious freedom prevails. It is one +of the few countries where no disabilities are inflicted on a man for +his religion's sake, in the matter of holding office and embezzling the +public funds. A Jesuit priest was formerly the Vice-President of the +Board of Public Works, an exceedingly high position, and the present +Viceroy of two important provinces is a Mohammedan. There are a +great many Mohammedans in China. The last clause of article 4 was not +absolutely necessary, perhaps. Still, it was well enough to have it +in. When the lower classes in California learn that they are forever +debarred from mutilating living Chinamen, their first impulse will +naturally be to “take it out” of the dead ones. But disappointment shall +be their portion. A Chinaman's “tail” is protected by law in California; +for if he lost his queue he would be a dishonored Chinaman forever, and +would forever be an exile. He could not think of returning to his native +land to offer his countrymen the absurd spectacle of a man without a +tail to his head. The Chinese regard their dead with a reverence which +amounts to worship. All Chinamen who die in foreign lands are shipped +home to China for permanent burial. Even the contracts which consign +the wretched Coolies to slavery at $5 a month salary and two suits of +clothes a year stipulate that if he dies in Cuba, the Sandwich Islands, +or any other foreign land, his body must be sent home. There are vast +vaults in San Francisco where hundreds of dead Chinamen have been +salted away by gentle hands for shipment. The heads of the great Chinese +Companies keep a record of the names of their thousands of members, and +every individual is strictly accounted for to the home office. Every now +and then a vessel is chartered and sent to China freighted with corpses. + + ART 5. The United States of America and the Emperor of China + cordially recognize the inherent and inalienable right of + man to change his home and his allegiance, and also the + mutual advantages of the free migration and immigration of + their citizens and subjects respectively from the one + country to the other for purposes of curiosity, trade, or as + permanent residents. The high contracting parties, + therefore, join in reprobating any other than an entirely + voluntary immigration for these purposes. They consequently + agree to pass laws making it a penal offense for a citizen + of the United States or a Chinese subject to take Chinese + subjects either to the United States or to any other foreign + country, or for a Chinese subject or a citizen of the United + States to take citizens of the United States to China or any + other foreign country without their free and voluntary + consent respectively. + +Article 5 aims at two objects, viz.: The spreading of the naturalization +doctrine (Mr. Seward could not give his assent to a treaty which did not +have that in it) and the breaking up of the infamous Coolie trade. It is +popularly believed that the Emperor of China sells Coolies himself, by +the shipload, and even at retail, but such is not the case. He is known +to be exceedingly anxious to destroy the Coolie trade. The “voluntary” + emigration of Chinamen to California already amounts to a thousand +a month, and this treaty will greatly increase it. It will not only +increase it, but will bring over a better class of Chinamen-men of +means, character, and standing in their own country. The present Chinese +immigration, however, is the best class of people--in some respects, +though not in all--that comes to us from foreign lands. They are the +best railroad hands we have by far. They are the most faithful, the +most temperate, the most peaceable, the most industrious. The Pacific +Railroad Company employs them almost exclusively, and by thousands. When +a chicken roost or a sluice-box is robbed in California, some Chinaman +is almost sure to suffer for it--yet these dreadful people are trusted +in the most reckless manner by the railroad people. The Chinese railroad +hands go down in numbers to Sacramento and often spend their last cent. +Then they simply go to the Superintendent, state their case, write their +names on a card, together with a promise to refund out of the first +wages coming to them, and with no other security than this, railroad +tickets are sold to them on credit. Mr. Crocker and his subordinates +have done this time and again, and have yet to lose the first cent +by it. In the towns and cities the Chinamen are cooks, chambermaids, +washerwomen, nurses, merchants, butchers, gardeners, interpreters in +banks and business houses, etc. They are willing to do anything that +will afford them a living. + + ART. 6. Citizens of the United States visiting or residing + in China shall enjoy the same privileges, immunities, or + 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 be enjoyed by the citizens or subjects + of the most favored nation; but nothing herein contained + shall be held to confer naturalization upon the citizens of + the United States in China, nor upon the subjects of China + in the United States. + +There will be weeping, and wailing, and gnashing of teeth on the Pacific +coast when Article 6 is read. For, at one sweep, all the crippling, +intolerant, and unconstitutional laws framed by California against +Chinamen pass away, and discover (in stage parlance) 20,000 +prospective Hong Kong and Suchow voters and office-holders! Tableau. I +am not fond of Chinamen, but I am still less fond of seeing them wronged +and abused. If the reader has not lived in San Francisco, he can have +only a very faint conception of the tremendous significance of this +mild-looking, unpretentious Article 6. It lifts a degraded, snubbed, +vilified, and hated race of men out of the mud and invests them with the +purple of American sovereignty. It makes men out of beasts of burden. +The first iniquity it strikes at is that same revolutionary one of +taxation without representation. In California the law imposes a +burdensome mining tax upon Chinamen--a tax which is peculiar in its +nature and is not imposed upon any other miners, either native or +foreign--and the legislature that created this rascality knew the law +was in flagrant violation of the constitution when they passed it. +Mr. Cushing, a great lawyer, and formerly minister to China, says +that nearly all the Pacific coast laws relating to Chinamen are +unconstitutional and could not stand in a court at all. The Chinese +mining tax has been collected with merciless faithfulness for many +years--often two or three times, instead of once--but its collection +will have to be discontinued now. Treaties of the United States override +the handiwork of even the most gifted of State legislatures. In San +Francisco if a Chinaman enters a street car to ride with the Negroes +and the Indians and the other gentlemen and ladies, the magnificent +conductor instantly ejects him, with all the insolence that $75 a month +and official importance of microscopic dimensions confer upon small +people. The Chinaman may ride on the front platform, but not elsewhere. +Hereafter, under the ample shadow of Article 6, he may ride where he +pleases. Chinamen, the best gardeners in America, own no gardens. The +laws of California do not allow them to acquire property in real estate. +Article 6 does, though. Formerly, in the police court, they swore +Chinamen according to the usual form, and sometimes, where the +magistrate was particularly anxious to come at the truth, a chicken was +beheaded in open court and some yellow paper burned with awful solemnity +while the oath was administered--but the Chinaman testified only against +his own countrymen. Things are changed now, however, and he may testify +against whom he pleases. No one ever saw a Chinaman on a jury on +the Pacific coast. Hereafter they will be seen on juries, sitting in +judgment upon the crimes of men of all nationalities. Chinamen have +taken no part in elections, heretofore, further than to sweep out the +balloting stations, but the time is near at hand when they will vote +themselves; when they will be clerks and judges of election, and receive +and account for the votes of white men; when they will be eligible to +office and may run for Congress, if such be the will of God. We have +seen caricatures in San Francisco representing a white man asking a +Chinaman for his vote. It was fine irony then, but in a very little +while the same old lithograph, resurrected, will have as much point as +it ever had, only the subject of it will have become a solemn reality +instead of an ingenious flight of fancy. In that day, candidates will +have to possess other accomplishments besides being able to drink lager +beer and twirl a shillalah. They will have to smoke opium and eat with +chop-sticks. Influential additions will have to be made to election +tickets and transparencies, thus: “THE COUNTRY'S HOPE, THE PEOPLE'S +CHOICE--DONNERWETTER, O'SHAUGHNESSY, AND CHING-FOO” The children of +Chinese citizens will have the entry of the public schools on the same +footing as white children. Any one who is not blind, can see that the +first ninety words of Article 6 work a miracle which shames the most +dazzling achievements of him of the wonderful lamp. I am speaking as if +I believed the Chinamen would hasten to take out naturalization papers +under this treaty and become citizens. I do believe it. They are shrewd +and smart, and quick to see an advantage; that is one argument. If they +have any scruples about becoming citizens, the politicians who need +their votes will soon change their opinions. Article 6 does not confer +citizenship upon Chinamen--we have other laws which regulate that +matter. It simply gives them the privileges and immunities pertaining to +“residence,” in the same degree as they are enjoyed by the “subjects +of the most favored nation.” One of the chief privileges pertaining +to “residence” among us is that of taking the oath and becoming full +citizens after that residence has been extended to the legal and +customary period. Mr. Cushing says the Chinamen had a right to become +citizens before Article 6 was framed. They certainly have it now. +Prominent senators refused to touch the treaty or have anything to +do with it unless it threw the doors of citizenship open as freely to +Chinamen as to other foreigners. The entire Senate knew the broadest +meaning of Article 6--and voted for it. The closing sentence of it +was added to please a certain Senator, and then he was satisfied and +supported the treaty with all his might. It was a gratification to him +to have that sentence added; and inasmuch as the sentence could do +no harm, since it don't mean anything whatever under the sun, it was +gratefully and cheerfully added. It could not have been added to please +a worthier man. It sets off the treaty, too, because it is so gracefully +worded and is so essentially and particularly ornamental. It embellishes +and supports the grand edifice of the Chinese treaty, even as a wealth +of stucco embellishes and supports a stately temple. It would hardly be +worth while for a treaty to confer naturalization in the last clause +of an article wherein it had already provided for the acquirement +of naturalization by the proper and usual course. The idea of making +negroes citizens of the United States was startling and disagreeable to +me, but I have become reconciled to it; and being reconciled to it, and +the ice being broken and the principle established, I am now ready for +all comers. The idea of seeing a Chinaman a citizen of the United States +would have been almost appalling to me a few years ago, but I suppose +I can live through it now. Maybe it will be well to say what sort of +people these prospective voters are. There are 50,000 of them on the +Pacific coast at large, and 15,000 or 20,000 in San Francisco. They +occupy a quarter just out of the business center of the city. They +worship a hideous idol in a gorgeous temple. They have a theater, +where the orchestra sit on the stage (drinking tea occasionally,) +and deafening the public with a ceaseless din of gongs, cymbals, and +fiddles with two strings, whose harmonies are capable of inflicting +exquisite torture. Their theatrical dresses are much finer and more +costly than those in the Black Crook, and the immorality of their plays +is fully up to the Black Crook standard. Consequently they are ruined +people. Their prominent instinct being just like ours, let us extend the +right-hand of fellowship to them across the sea. Some of the men gamble, +and the standing of the women is not good. The Chinese streets of San +Francisco are crowded with shops and stalls mostly, but there are +many Chinese merchant princes who do business on a large scale. The +remittances of coin to China amount to half a million a month. Chinamen +work hard and with tireless perseverance; other foreigners get out of +work, and labor exchanges must look out for them. Chinamen look out for +themselves, and are never idle a week at a time; they make excellent +cooks, washers, ironers, and house servants; they are never seen drunk; +they are quiet, orderly, and peaceable, by nature; they possess the rare +and probably peculiarly barbarous faculty of minding their own business. +They are as thrifty as Holland Dutch. They permit nothing to go to +waste. When they kill an animal for food, they find use for its hoofs, +hide, bones, entrails--everything. When other people throw away fruit +cans they pick them up, heat them, and secure the melted tin and solder. +They do not scorn refuse rags, paper, and broken glass. They can make +a blooming garden out of a sand-pile, for they seem to know how to +make manure out of everything which other people waste. As I have said +before, they are remarkably quick and intelligent, and they can all +read, write, and cipher. They are of an exceedingly observant and +inquiring disposition. I have been describing the lowest class +of Chinamen. Do not they compare favorably with the mass of other +immigrants? Will they not make good citizens? Are they not able to +confer a sound and solid prosperity upon a State? What makes a sounder +prosperity or invites and unshackles capital more surely than good, +cheap, reliable labor? California and Oregon are vast, uncultivated +grain fields. I am enabled to state this in the face of the fact that +California yields twenty million bushels of wheat this year! California +and Oregon will fill up with Chinamen, and these grain fields will be +cultivated up to their highest capacity. In time, some of them will be +owned by Chinamen, inasmuch as the treaty gives them the right to own +real estate. The very men on the Pacific coast who will be loudest in +their abuse of the treaty will be among those most benefited by it--the +day-laborers. The Chinamen, able to work for half wages, will take their +rough manual labor off the hands of these white men, and then the +whites will rise to the worthier and more lucrative employment of +superintending the Chinamen, and doing various other kinds of brain-work +demanded of them by the new order of things. Through the operation of +this notable Article 6, America becomes at once as liberal and as free +a country as England--therefore let me rejoice. Singapore is a British +colony. There are 16,000 Chinese there, and they are all British +subjects--British citizens in the widest meaning of the term. They have +all the rights and privileges enjoyed by Englishmen. They hold office. +One Chinaman there is a magistrate, and administers British law for +British subjects. A Chinaman resident for three or four years in +England, and possessing a certain amount of property, can become +naturalized and vote, hold office, and exercise all the functions and +enjoy all the privileges of citizens by birth. + + ART. 7. Citizens of the United States shall enjoy all the + privileges of the public educational institutions under the + control of the Government of China, and reciprocally Chinese + subjects shall enjoy all the privileges of the public + educational institutions under the control of the Government + of the United States which are enjoyed in the respective + countries by the citizens or subjects of the most favored + nations. The 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, and reciprocally Chinese subjects may enjoy the same + privileges and immunities in the United States. + +Article 7 explains itself. + + ART. 8. The United States, always disclaiming and + discouraging all practices of unnecessary dictation and + intervention by one nation in the affairs or domestic + administration of another, do hereby freely disclaim any + intention or right to intervene in the domestic + administration of China in regard to the construction of + railroads, telegraphs, or other material internal + improvements. On the other hand, His majesty and the Emperor + of China reserves to himself the right to decide the time, + and manner, and circumstances of introducing such + improvements within his dominions. With this mutual + understanding it is agreed by the contracting parties that + if 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 Western power + for facilities to carry out that policy, the United States + will, in that case, designate and authorize suitable + engineers to be employed by the Chinese Government, and will + recommend to other nations an equal compliance with such + application, the Chinese Government in that case protecting + such engineers in their persons and property, and paying + them a reasonable compensation for their service. + +Article 8 looks entirely unnecessary at a first glance. Yet to +China--and afterward to the world at large--it is perhaps the most +important article in the whole treaty. It aims at restoring Chinese +confidence in foreigners, and will go far toward accomplishing it. Until +that is done, only the drippings (they amount to millions annually) +of the vast fountains of Eastern wealth can be caught by the Western +nations. I have before spoken of an arrogant class of foreigners +in China who demand of the Government the building of railways and +telegraphs, and who assume to regulate and give law to the customs of +trade, almost in open defiance of the constituted authorities. Their +menacing attitude and their threatening language frighten the Chinese, +who know so well the resistless power of the Western nations. They look +upon these things with suspicion. They want railways and telegraphs, +but they fear to put these engines of power into the hands of strangers +without a guaranty that they will not be used for their own oppression, +possibly their destruction. Even as it is now, foreigners can go into +the interior and commit wrongs upon the people with impunity, for their +“extra territorial” privileges leave them answerable only to their +own laws, administered upon their own domain or “concessions.” These +“concessions” being far from the scene of the crime, it does not pay +to send witnesses such distances, and so the wrong goes untried and +unpunished. There are other obstacles to the immediate construction of +the demanded internal improvements--among them the inherent prejudice of +the untaught mass of the common people against innovation. It is sad +to reflect that in this respect the ignorant Chinese are strangely like +ourselves and other civilized peoples. Unfortunately, the very day that +the first message passed over the first telegraph erected in China, a +man died of cholera at one end of the line. The superstitious people +cried out that the white man's mysterious machine had destroyed the +“good luck” of the district. The telegraph had to be taken down, +otherwise the exasperated people would have done it themselves. How +precisely like our civilized, Christianized, enlightened selves these +Chinese “men and brethren” are! The farmers of great Massachusetts turned +out en masse, armed with axes, and resisted the laying of the first +railroad track in that State. Thirty years ago, the concentrated wisdom +of France, in National Assembly convened, gravely pronounced railroads a +“foolish, unrealizable toy.” In Tuscany, the people rose in their might +and swore there should be bloodshed before a railroad track should be +laid on their soil. Their reason was exactly the same as that offered by +the Chinese--they said it would destroy the “good luck” of the country. +Let us be lenient with the little absurd peculiarities of the Chinese, +for manifestly these people are our own blood relations. Let us look +charitably now upon a certain very serious obstacle which lies in +the way of their sudden acceptance of a great railroad system. Let +us remember that China is one colossal graveyard--a mighty empire so +knobbed all over with graves that the level spaces left are hardly more +than alleys and avenues among the clustering death-mounds. Animals +graze upon the grass-clad graves (for all things are made useful +in China), and the spaces between are carefully and industriously +cultivated. These graves are as precious as their own blood to the +Chinese, for they worship their dead as ancestors. The first railroad +that plows its pitiless way through these myriads of sacred hillocks +will carry dismay and distress into countless households. The railways +must be built, though. We respect the griefs of the poor country people, +but still the railways must be built. They will tear heartstrings out by +the roots, but they lead to the sources of unimaginable wealth, and they +must be built. These old prejudices must and can be eradicated--just as +they were in Massachusetts. With such encouragement from foreigners, +and such guaranties of good will and just intent as Article 8 offers +by simply agreeing that China may transact her own private business +unmolested by meddlesome interference, the Emperor will cheerfully begin +to open up his country with roads and telegraphs. It seems a simple +thing and an easy one to accord to a man such manifest and indisputable +rights, but beyond all doubt this assurance is what China craves most. +Article 8, indorsed by all the Western powers, would unlock the riches +of 400,000,000 of Chinese subjects to the world. Hence, to all parties +concerned, it is perhaps, the important clause of the treaty. That China +is anxious to build railways is shown in the fact that by the latest +news from there, just officially enunciated to our State Department, it +appears that the Viceroy of the three chief provinces of the Empire is +about to begin a railroad from Suchow to Shanghai--80 miles--or, at +least, has the project under serious consideration. The new treaty with +America will tend to strengthen and encourage him in his design. + +This is the broadest, most unselfish, and most catholic treaty yet framed +by man, perhaps. There is nothing mean, or exacting, or unworthy in any +of its provisions. It freely offers every privilege, every benefit, +and every concession the most grasping suitor could demand, to a +nation accustomed for generations to understand a “treaty” as being +a contrivance whose province was to extort as many “advantages” as +possible and give as few as possible in return. The only “advantage” to +the United States perceptible on the face of the document, perhaps, is +the advantage of having dealt justly and generously by a neighbor and +done it in a cordial spirit. It is something to have done right--a +species of sentiment seldom considered in treaties. In ratifying this +treaty the Senate of the United States did themselves high credit, and +all the more so that they did it with such alacrity and such heartiness. +This is a treaty with no specific advantages noted in it; it is simply +the first great step toward throwing all China open to the world, by +showing toward her a spirit which invites her esteem and her confidence +instead of her customary curses. There is nothing in it about China +ceding to us the navigation of an ocean in return for the navigation +of a creek; nor the monopoly of silk for a monopoly of beeswax; nor a +whaling-ground in return for a sardine-fishery. Yet it is a treaty +which is full of “advantages.” It is more full of them than is any other +treaty, but they are meted out with an even hand to all--to China upon +the one hand, and to the world upon the other. It looks to the opening +up, in China, of a vast and lucrative commerce with the world, and of +which America will have only her just share, nothing more. It looks to +the lifting up of a mighty nation and conferring upon it the boon of a +purer religion and of a higher and better civilization than it has +known before. It is a treaty made in the broad interests of justice, +enlightenment, and progress, and therefore it must stand. It bridges the +Pacific, it breaks down the Tartar wall, it inspires with fresh young +blood the energies of the most venerable of the nations. It acquires a +grand field for capital, labor, research, enterprise--confers science, +mechanics, social and political advancement, Christianity. Is it not +enough? + +Mark Twain. + + + + + + +End of the Project Gutenberg EBook of The Treaty With China, its Provisions +Explained, by Mark Twain + +*** END OF THIS PROJECT GUTENBERG EBOOK TREATY WITH CHINA *** + +***** This file should be named 33077-0.txt or 33077-0.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/3/0/7/33077/ + +Produced by John Greenman, Martin Zehr, and David Widger + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase “Project +Gutenberg”), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. “Project Gutenberg” is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” + or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase “Project Gutenberg” appears, or with which the phrase “Project +Gutenberg” is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase “Project Gutenberg” associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +“Plain Vanilla ASCII” or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original “Plain Vanilla ASCII” or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, “Information about donations to + the Project Gutenberg Literary Archive Foundation.” + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +“Defects,” such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right +of Replacement or Refund” described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/33077-0.zip b/33077-0.zip Binary files differnew file mode 100644 index 0000000..b8b065d --- /dev/null +++ b/33077-0.zip diff --git a/33077-h.zip b/33077-h.zip Binary files differnew file mode 100644 index 0000000..8cd80e1 --- /dev/null +++ b/33077-h.zip diff --git a/33077-h/33077-h.htm b/33077-h/33077-h.htm new file mode 100644 index 0000000..bf8b651 --- /dev/null +++ b/33077-h/33077-h.htm @@ -0,0 +1,1254 @@ +<?xml version="1.0" encoding="utf-8"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + The Treaty With China, by Mark Twain + </title> + <style type="text/css" xml:space="preserve"> + + body { margin:5%; background:#faebd7; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + div.fig { display:block; margin:0 auto; text-align:center; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + +</style> + </head> + <body> +<pre xml:space="preserve"> + +The Project Gutenberg EBook of The Treaty With China, its Provisions +Explained, by Mark Twain + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Treaty With China, its Provisions Explained + New York Tribune, Tuesday, August 28, 1868 + +Author: Mark Twain + +Release Date: July 4, 2010 [EBook #33077] +Last Updated: February 24, 2018 + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK TREATY WITH CHINA *** + + + + +Produced by John Greenman, Martin Zehr, and David Widger + + + + + +</pre> + + <p> + <br /><br /> + </p> + <h1> + THE TREATY WITH CHINA + </h1> + <p> + <br /> + </p> + <h2> + ITS PROVISIONS EXPLAINED + </h2> + <p> + <br /> <br /> + </p> + <h2> + By Mark Twain + </h2> + <p> + <br /><br /> + </p> + <h3> + <i>New York Tribune, Tuesday, August 28, 1868</i> + </h3> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <p> + Every one has read the treaty which has just been concluded between the + United States and China. Everyone has read it, but in it there are + expressions which not every one understands. There are clauses which seem + vague, other clauses which seem almost unnecessary, and still others which + bear the flavor of “surplusage,” to speak in legal phrase. The most + careful reading of the document will leave these impressions—that + is, unless one comprehends the past and present condition of foreign + intercourse with China—in which case it will be seen at once that + there is no word in the treaty without a meaning, and no clause in it but + was dictated by a present need or a wise policy looking to the future. It + will interest many of your readers to know why this, that, and the other + provision was incorporated in the treaty; it will interest others to know + in what manner and to what extent the treaty will affect our existing + relations with China. Apart from its grave importance, the subject is + really as entertaining as any I know of and—asking pardon for the + presumption—I desire to write a few paragraphs upon it. We made a + treaty with China in 1858; Mr. Burlingame's new treaty is an addition to + that one, and an amplification of its powers. The first article of this + new treaty reads as follows: + </p> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <h2> + Contents + </h2> + <table summary=""> + <tr> + <td> + <p class="toc"> + <a href="#link2H_4_0001"> ARTICLE 1. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0002"> ARTICLE 2. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0003"> ARTICLE 3. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0004"> ARTICLE 4. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0005"> ARTICLE 5. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0006"> ARTICLE 6. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0007"> ARTICLE 7. </a> + </p> + <p class="toc"> + <a href="#link2H_4_0008"> ARTICLE 8. </a> + </p> + </td> + </tr> + </table> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_4_0001" id="link2H_4_0001"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE I. + </h2> + <blockquote> + <p> + <i> His Majesty, the Emperor of China, being of the opinion that in + making concessions to the citizens or subjects of foreign Powers of the + privilege 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 nothing 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 + commerce, that grant shall in no event be construed to divest the + Chinese authorities of their right of jurisdiction over persons and + property within said tract of land, except so far as that right may have + been expressly relinquished by treaty. </i> + </p> + </blockquote> + <p> + In or near one or two of the cities of China the Emperor has set apart + certain tracts of land for occupation by foreigners. The foreigners + residing upon these tracts create courts of justice, organize police + forces, and govern themselves by laws of their own framing. They levy and + collect taxes, they pave their streets, they light them with gas. These + communities, through liberality of China, are so independent and so + unshackled that they have all the seeming of colonies—insomuch that + the jurisdiction of China over them was in time lost sight of and + disregarded—at least, questioned. The English communities came to be + looked upon as a part of England, and the American colonies as part of + America; and so, after the Trent affair, it was seriously held by many + that the Confederate ships of war would be as justifiable in making + attacks upon the American communities in China as they would be in + attacking New York or Boston. This doctrine was really held, + notwithstanding the supremacy of China over these tracts of land was + recognized at regular intervals in the most substantial way, viz., by way + of payment to the Government of a stipulated rental. Again, these foreign + communities took it upon themselves to levy taxes upon Chinamen residing + upon their so-called “concessions,” and enforce their collection. Perhaps + those Chinamen were as well governed as they have been anywhere in China, + perhaps it was entirely just that they should pay for good government—but + the principle was wrong; it was an encroachment upon the rights of the + crown, and caused the Government uneasiness; the boundary thus passed + there was no telling how far the encroachment might be pushed. The + municipal council which taxed these Chinamen was composed altogether of + foreigners, so there was taxation without representation—a policy + which we fought seven years to overthrow. The French have persistently + claimed the right to exercise untrammeled jurisdiction over both natives + and foreigners residing within their “concessions,” but the present + Minister, Monsieur Moustier, has yielded this position in favor of the + anti-concession doctrine, and thus have ignored the “eminent dominion” of + the Chinese Government. Under Article 1 of the new treaty, the question of + whether an enemy of America can attack an American colony in China is + answered in the negative. Under it the right of the Chinese Government to + regulate the governing, taxing, and trying of its subjects resident within + American “concessions” is recognized—in a word, its supreme control + over its own people is recognized. Also (in the final sentence) its + control over scattering foreigners (of nationalities not in treaty + relations with China) not enrolled the regular concessions is “granted.” + During a war between Russia and Denmark, a Prussian man-of-war captured + two Danish vessels lying at harbor in a Chinese harbor or roadstead, and + carried them off. Article 1 of this treaty pledges that like offenses + shall not be committed in Chinese waters by American cruisers, and looks + to Chinese protection of American ships against such outrages. + </p> + <p> + <a name="link2H_4_0002" id="link2H_4_0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE 2. + </h2> + <blockquote> + <p> + <i> 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 accordingly, but not in a + manner or spirit incompatible with the treaty stipulations of the + parties. </i> + </p> + </blockquote> + <p> + At a first glance, this clause would seem unnecessary—unnecessary + because the granting of any privilege not stipulated in a treaty with + China, must of course be a matter entirely subject to the pleasure of the + Chinese Government. Yet the clause has its significance. There is in China + a class of foreigners who demand privileges, concessions and immunities, + instead of asking for them—a class who look upon the Chinese as + degraded barbarians, and not entitled to charity—as helpless, and + therefore to be trodden underfoot—a tyrannical class who say openly + that the Chinese should be forced to do thus and so; that foreigners know + what is best for them, better than they do themselves, and therefore it + would be but a Christian kindness to take them by the throat and compel + them to see their real interests as the enlightened foreigners see them. + These people harass and distress the Government by constantly dictating to + it and meddling with its affairs. They beget and keep alive a “distrust” + of foreigners among the Chinese people. It will surprise many among us to + know that the Chinese are eminently hospitable, by nature, toward + strangers. It will surprise many whose notion of Chinamen is that they are + a race who formerly manifested their interest in shipwrecked strangers by + exhibiting them in iron cages in public, in a half-starved condition, as + rare and curious monsters, to know that a few hundred years ago they + welcomed adventurous Jesuit priests, who struggled to their shores, with + great cordiality, and gave to them the fullest liberty in the + dissemination of their doctrines. I have seen at St. Peter's, in Rome, a + picture of certain restive Chinamen barbecuing some 80 Romish priests. + This was an uncalled for stretch of hospitality—if it be proposed to + call it hospitality at all. But the caging and barbecuing of strangers + were disagreeable attentions which were secured to those strangers by + their predecessors. As I have said, the Chinese were exceedingly + hospitable and kind toward the first foreigners who came among them, 200 + or 300 years ago. They listened to their preachings, they joined their + Church. They saw the doctrines of Christianity spreading far and wide over + the land, yet nobody murmured against these things. The Jesuit priests + were elevated to high offices in the Government. China's confidence in the + foreigners was not betrayed. In time, had the Jesuits been let alone, they + would have completely Christianized China, no doubt; that is, they would + have made of the Chinese, Christians according to their moral, physical, + and intellectual strength, and then given Nature a few generations in + which to shed the Pagan skin, and sap the Pagan blood, and so perfect the + work. For, be it known, one Jesuit missionary is equal to an army of any + other denomination where there is actual work to be done, and solid, + unsentimental wisdom to be exercised. However, to pursue my narrative, + some priests of the Dominican order arrived, and very shortly began to + make trouble. They began to cramp the privileges of converts; they flouted + the system of persuasion of the Jesuits, and adopted that of driving; they + meddled in politics, they became arrogant and dictatorial, they fomented + discords everywhere—in a word, they utterly destroyed Chinese + confidence in foreigners, and raised up Chinese hatred and distrust + against them. For these things they were driven out of the country. When + strangers came, after that, the Chinese, with that calm wisdom which comes + only through bitter experience, caged them, or hanged them. I spoke, a + while ago, of a domineering, hectoring class of foreigners in China who + are always interfering with the Government's business, and thus keeping + alive the distrust and dislike engendered by their kindred spirits, the + Dominicans, an age ago. They clog progress. Article 2 of the treaty is + intended to discountenance all officious intermeddling with the + Government's business by Americans, and so move a step toward the + restoration of that Chinese confidence in strangers which was annihilated + so long ago. + </p> + <p> + <a name="link2H_4_0003" id="link2H_4_0003"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE 3. + </h2> + <blockquote> + <p> + <i> The Emperor of China shall 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 Britain and Russia, or either of + them. </i> + </p> + </blockquote> + <p> + And soon—perhaps within a year or two—there will doubtless be + a Chinese Envoy located permanently at Washington. The Consuls referred to + above will be appointed with all convenient dispatch. They will be + Americans, but will in all cases be men who are capable of feeling pity + for persecuted Chinamen, and will call to a strict account all who wrong + them. It affords me infinite satisfaction to call particular attention to + this Consul clause, and think of the howl that will go up from the cooks, + the railroad graders, and the cobble-stone artists of California, when + they read it. They can never beat and bang and set the dogs on the + Chinamen any more. These pastimes are lost to them forever. In San + Francisco, a large part of the most interesting local news in the daily + papers consists of gorgeous compliments to the “able and efficient” + Officer This and That for arresting Ah Foo, or Ching Wang, or Song Hi for + stealing a chicken; but when some white brute breaks an unoffending + Chinaman's head with a brick, the paper does not compliment any officer + for arresting the assaulter, for the simple reason that the officer does + not make the arrest; the shedding of Chinese blood only makes him laugh; + he considers it fun of the most entertaining description. I have seen dogs + almost tear helpless Chinamen to pieces in broad daylight in San + Francisco, and I have seen hod-carriers who help to make Presidents stand + around and enjoy the sport. I have seen troops of boys assault a Chinaman + with stones when he was walking quietly along about his business, and send + him bruised and bleeding home. I have seen Chinamen abused and maltreated + in all the mean, cowardly ways possible to the invention of a degraded + nature, but I never saw a policeman interfere in the matter and I never + saw a Chinaman righted in a court of justice for wrongs thus done him. The + California laws do not allow Chinamen to testify against white men. + California is one of the most liberal and progressive States in the Union, + and the best and worthiest of her citizens will be glad to know that the + days of persecuting Chinamen are over, in California. It will be observed + by Article 3 that the Chinese consuls will be placed upon the same footing + as those from Russia and Great Britain, and that no mention is made of + France. The authorities got into trouble with a French consul in San + Francisco, once, and, in order to pacify Napoleon, the United States + enlarged the privileges of French consuls beyond those enjoyed by the + consuls of all other countries. + </p> + <p> + <a name="link2H_4_0004" id="link2H_4_0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE 4. + </h2> + <blockquote> + <p> + <i> The twenty-ninth article of the treaty of the 18th of June, 1858, + having stipulated for the exemption of Christian citizens of the United + States and Chinese converts from persecution in China on account of + their faith, it is further agreed that citizens of the United States in + China, of every religious persuasion, and Chinese subjects in the United + States shall enjoy entire liberty of conscience, and shall be exempt + from all disability or persecution on account of their religious faith + or worship in either country. Cemeteries for sepulture of the dead of + whatever nativity or nationality shall be held in respect and free from + disturbance or profanation. </i> + </p> + </blockquote> + <p> + The old treaty protected “Christian” citizens of the United States from + persecution. The new one is broader. It protects our citizens “of every + religious persuasion”—Jews, Mormons, and all. It also protects + Chinamen in this country in the worship of their own gods after their own + fashions, and also relieves them of all “disabilities” suffered by them + heretofore on account of their religion. This protection of Christians in + China is hardly necessary now-a-days, for the Chinamen have about fallen + back to their ancient ample spirit of toleration again as regards + religion. Anybody can preach in China who chooses to do it. He will not be + disturbed. The former persecution of Christians in China, which was + brought about by the Dominicans, seldom extended to the maiming or killing + of converts anyhow. They generally invited the convert to trample upon a + cross. If he refused, he was proven a Christian, and so was shunned and + disgraced. This diminished the list of Chinese Christians very much, but + did not root out that religion by any means. Religious books have been + written, and translations made, by Chinese Christians, and there are as + many as a million converts in China at the present time. There are many + families who have inherited their Christianity by direct descent through + six generations. In fact, it is believed that Christianity existed in + China 1,100 years ago. For many years the missionaries heard vaguely, from + time to time, of a monument of the seventh century which was reported to + be still standing over the grave of some forgotten Christian far out in + the interior of China. Two of these missionaries, the Revs. Messrs. Lees + and Williams, traveled west 1,000 miles and found it. This brings me back + to the fact, before stated, that the religious toleration and protection + guaranteed by Article 4, are needed more by Chinamen here than by + Americans in China. Those two missionaries traveled away out into the + heart of China, preaching the Gospel of Christ every day, always being + listened to attentively by large assemblages, and always kindly and + hospitably treated. Moreover, these missionaries sold—mind you, + sold, for cash, to these assemblages—20,000 copies of religious + books, thus wisely and pleasantly combining salvation with business. If a + Chinese missionary were to come disseminating his eternal truths among us, + we would laugh at him first and bombard him with cabbages afterward. We + would do this because we are civilized and enlightened. We would make him + understand that he couldn't peddle his eternal truths in this market. + China is one of the few countries where perfect religious freedom + prevails. It is one of the few countries where no disabilities are + inflicted on a man for his religion's sake, in the matter of holding + office and embezzling the public funds. A Jesuit priest was formerly the + Vice-President of the Board of Public Works, an exceedingly high position, + and the present Viceroy of two important provinces is a Mohammedan. There + are a great many Mohammedans in China. The last clause of article 4 was + not absolutely necessary, perhaps. Still, it was well enough to have it + in. When the lower classes in California learn that they are forever + debarred from mutilating living Chinamen, their first impulse will + naturally be to “take it out” of the dead ones. But disappointment shall + be their portion. A Chinaman's “tail” is protected by law in California; + for if he lost his queue he would be a dishonored Chinaman forever, and + would forever be an exile. He could not think of returning to his native + land to offer his countrymen the absurd spectacle of a man without a tail + to his head. The Chinese regard their dead with a reverence which amounts + to worship. All Chinamen who die in foreign lands are shipped home to + China for permanent burial. Even the contracts which consign the wretched + Coolies to slavery at $5 a month salary and two suits of clothes a year + stipulate that if he dies in Cuba, the Sandwich Islands, or any other + foreign land, his body must be sent home. There are vast vaults in San + Francisco where hundreds of dead Chinamen have been salted away by gentle + hands for shipment. The heads of the great Chinese Companies keep a record + of the names of their thousands of members, and every individual is + strictly accounted for to the home office. Every now and then a vessel is + chartered and sent to China freighted with corpses. + </p> + <p> + <a name="link2H_4_0005" id="link2H_4_0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE 5. + </h2> + <blockquote> + <p> + <i> The United States of America and the Emperor of China cordially + recognize the inherent and inalienable right of man to change his home + and his allegiance, and also the mutual advantages of the free migration + and immigration of their citizens and subjects respectively from the one + country to the other for purposes of curiosity, trade, or as permanent + residents. The high contracting parties, therefore, join in reprobating + any other than an entirely voluntary immigration for these purposes. + They consequently agree to pass laws making it a penal offense for a + citizen of the United States or a Chinese subject to take Chinese + subjects either to the United States or to any other foreign country, or + for a Chinese subject or a citizen of the United States to take citizens + of the United States to China or any other foreign country without their + free and voluntary consent respectively. </i> + </p> + </blockquote> + <p> + Article 5 aims at two objects, viz.: The spreading of the naturalization + doctrine (Mr. Seward could not give his assent to a treaty which did not + have that in it) and the breaking up of the infamous Coolie trade. It is + popularly believed that the Emperor of China sells Coolies himself, by the + shipload, and even at retail, but such is not the case. He is known to be + exceedingly anxious to destroy the Coolie trade. The “voluntary” + emigration of Chinamen to California already amounts to a thousand a + month, and this treaty will greatly increase it. It will not only increase + it, but will bring over a better class of Chinamen-men of means, + character, and standing in their own country. The present Chinese + immigration, however, is the best class of people—in some respects, + though not in all—that comes to us from foreign lands. They are the + best railroad hands we have by far. They are the most faithful, the most + temperate, the most peaceable, the most industrious. The Pacific Railroad + Company employs them almost exclusively, and by thousands. When a chicken + roost or a sluice-box is robbed in California, some Chinaman is almost + sure to suffer for it—yet these dreadful people are trusted in the + most reckless manner by the railroad people. The Chinese railroad hands go + down in numbers to Sacramento and often spend their last cent. Then they + simply go to the Superintendent, state their case, write their names on a + card, together with a promise to refund out of the first wages coming to + them, and with no other security than this, railroad tickets are sold to + them on credit. Mr. Crocker and his subordinates have done this time and + again, and have yet to lose the first cent by it. In the towns and cities + the Chinamen are cooks, chambermaids, washerwomen, nurses, merchants, + butchers, gardeners, interpreters in banks and business houses, etc. They + are willing to do anything that will afford them a living. + </p> + <p> + <a name="link2H_4_0006" id="link2H_4_0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE 6. + </h2> + <blockquote> + <p> + <i> Citizens of the United States visiting or residing in China shall + enjoy the same privileges, immunities, or 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 be + enjoyed by the citizens or subjects of the most favored nation; but + nothing herein contained shall be held to confer naturalization upon the + citizens of the United States in China, nor upon the subjects of China + in the United States. </i> + </p> + </blockquote> + <p> + There will be weeping, and wailing, and gnashing of teeth on the Pacific + coast when Article 6 is read. For, at one sweep, all the crippling, + intolerant, and unconstitutional laws framed by California against + Chinamen pass away, and discover (in stage parlance) 20,000 prospective + Hong Kong and Suchow voters and office-holders! Tableau. I am not fond of + Chinamen, but I am still less fond of seeing them wronged and abused. If + the reader has not lived in San Francisco, he can have only a very faint + conception of the tremendous significance of this mild-looking, + unpretentious Article 6. It lifts a degraded, snubbed, vilified, and hated + race of men out of the mud and invests them with the purple of American + sovereignty. It makes men out of beasts of burden. The first iniquity it + strikes at is that same revolutionary one of taxation without + representation. In California the law imposes a burdensome mining tax upon + Chinamen—a tax which is peculiar in its nature and is not imposed + upon any other miners, either native or foreign—and the legislature + that created this rascality knew the law was in flagrant violation of the + constitution when they passed it. Mr. Cushing, a great lawyer, and + formerly minister to China, says that nearly all the Pacific coast laws + relating to Chinamen are unconstitutional and could not stand in a court + at all. The Chinese mining tax has been collected with merciless + faithfulness for many years—often two or three times, instead of + once—but its collection will have to be discontinued now. Treaties + of the United States override the handiwork of even the most gifted of + State legislatures. In San Francisco if a Chinaman enters a street car to + ride with the Negroes and the Indians and the other gentlemen and ladies, + the magnificent conductor instantly ejects him, with all the insolence + that $75 a month and official importance of microscopic dimensions confer + upon small people. The Chinaman may ride on the front platform, but not + elsewhere. Hereafter, under the ample shadow of Article 6, he may ride + where he pleases. Chinamen, the best gardeners in America, own no gardens. + The laws of California do not allow them to acquire property in real + estate. Article 6 does, though. Formerly, in the police court, they swore + Chinamen according to the usual form, and sometimes, where the magistrate + was particularly anxious to come at the truth, a chicken was beheaded in + open court and some yellow paper burned with awful solemnity while the + oath was administered—but the Chinaman testified only against his + own countrymen. Things are changed now, however, and he may testify + against whom he pleases. No one ever saw a Chinaman on a jury on the + Pacific coast. Hereafter they will be seen on juries, sitting in judgment + upon the crimes of men of all nationalities. Chinamen have taken no part + in elections, heretofore, further than to sweep out the balloting + stations, but the time is near at hand when they will vote themselves; + when they will be clerks and judges of election, and receive and account + for the votes of white men; when they will be eligible to office and may + run for Congress, if such be the will of God. We have seen caricatures in + San Francisco representing a white man asking a Chinaman for his vote. It + was fine irony then, but in a very little while the same old lithograph, + resurrected, will have as much point as it ever had, only the subject of + it will have become a solemn reality instead of an ingenious flight of + fancy. In that day, candidates will have to possess other accomplishments + besides being able to drink lager beer and twirl a shillalah. They will + have to smoke opium and eat with chop-sticks. Influential additions will + have to be made to election tickets and transparencies, thus: “THE + COUNTRY'S HOPE, THE PEOPLE'S CHOICE—DONNERWETTER, O'SHAUGHNESSY, AND + CHING-FOO” The children of Chinese citizens will have the entry of the + public schools on the same footing as white children. Any one who is not + blind, can see that the first ninety words of Article 6 work a miracle + which shames the most dazzling achievements of him of the wonderful lamp. + I am speaking as if I believed the Chinamen would hasten to take out + naturalization papers under this treaty and become citizens. I do believe + it. They are shrewd and smart, and quick to see an advantage; that is one + argument. If they have any scruples about becoming citizens, the + politicians who need their votes will soon change their opinions. Article + 6 does not confer citizenship upon Chinamen—we have other laws which + regulate that matter. It simply gives them the privileges and immunities + pertaining to “residence,” in the same degree as they are enjoyed by the + “subjects of the most favored nation.” One of the chief privileges + pertaining to “residence” among us is that of taking the oath and becoming + full citizens after that residence has been extended to the legal and + customary period. Mr. Cushing says the Chinamen had a right to become + citizens before Article 6 was framed. They certainly have it now. + Prominent senators refused to touch the treaty or have anything to do with + it unless it threw the doors of citizenship open as freely to Chinamen as + to other foreigners. The entire Senate knew the broadest meaning of + Article 6—and voted for it. The closing sentence of it was added to + please a certain Senator, and then he was satisfied and supported the + treaty with all his might. It was a gratification to him to have that + sentence added; and inasmuch as the sentence could do no harm, since it + don't mean anything whatever under the sun, it was gratefully and + cheerfully added. It could not have been added to please a worthier man. + It sets off the treaty, too, because it is so gracefully worded and is so + essentially and particularly ornamental. It embellishes and supports the + grand edifice of the Chinese treaty, even as a wealth of stucco + embellishes and supports a stately temple. It would hardly be worth while + for a treaty to confer naturalization in the last clause of an article + wherein it had already provided for the acquirement of naturalization by + the proper and usual course. The idea of making negroes citizens of the + United States was startling and disagreeable to me, but I have become + reconciled to it; and being reconciled to it, and the ice being broken and + the principle established, I am now ready for all comers. The idea of + seeing a Chinaman a citizen of the United States would have been almost + appalling to me a few years ago, but I suppose I can live through it now. + Maybe it will be well to say what sort of people these prospective voters + are. There are 50,000 of them on the Pacific coast at large, and 15,000 or + 20,000 in San Francisco. They occupy a quarter just out of the business + center of the city. They worship a hideous idol in a gorgeous temple. They + have a theater, where the orchestra sit on the stage (drinking tea + occasionally,) and deafening the public with a ceaseless din of gongs, + cymbals, and fiddles with two strings, whose harmonies are capable of + inflicting exquisite torture. Their theatrical dresses are much finer and + more costly than those in the Black Crook, and the immorality of their + plays is fully up to the Black Crook standard. Consequently they are + ruined people. Their prominent instinct being just like ours, let us + extend the right-hand of fellowship to them across the sea. Some of the + men gamble, and the standing of the women is not good. The Chinese streets + of San Francisco are crowded with shops and stalls mostly, but there are + many Chinese merchant princes who do business on a large scale. The + remittances of coin to China amount to half a million a month. Chinamen + work hard and with tireless perseverance; other foreigners get out of + work, and labor exchanges must look out for them. Chinamen look out for + themselves, and are never idle a week at a time; they make excellent + cooks, washers, ironers, and house servants; they are never seen drunk; + they are quiet, orderly, and peaceable, by nature; they possess the rare + and probably peculiarly barbarous faculty of minding their own business. + They are as thrifty as Holland Dutch. They permit nothing to go to waste. + When they kill an animal for food, they find use for its hoofs, hide, + bones, entrails—everything. When other people throw away fruit cans + they pick them up, heat them, and secure the melted tin and solder. They + do not scorn refuse rags, paper, and broken glass. They can make a + blooming garden out of a sand-pile, for they seem to know how to make + manure out of everything which other people waste. As I have said before, + they are remarkably quick and intelligent, and they can all read, write, + and cipher. They are of an exceedingly observant and inquiring + disposition. I have been describing the lowest class of Chinamen. Do not + they compare favorably with the mass of other immigrants? Will they not + make good citizens? Are they not able to confer a sound and solid + prosperity upon a State? What makes a sounder prosperity or invites and + unshackles capital more surely than good, cheap, reliable labor? + California and Oregon are vast, uncultivated grain fields. I am enabled to + state this in the face of the fact that California yields twenty million + bushels of wheat this year! California and Oregon will fill up with + Chinamen, and these grain fields will be cultivated up to their highest + capacity. In time, some of them will be owned by Chinamen, inasmuch as the + treaty gives them the right to own real estate. The very men on the + Pacific coast who will be loudest in their abuse of the treaty will be + among those most benefited by it—the day-laborers. The Chinamen, + able to work for half wages, will take their rough manual labor off the + hands of these white men, and then the whites will rise to the worthier + and more lucrative employment of superintending the Chinamen, and doing + various other kinds of brain-work demanded of them by the new order of + things. Through the operation of this notable Article 6, America becomes + at once as liberal and as free a country as England—therefore let me + rejoice. Singapore is a British colony. There are 16,000 Chinese there, + and they are all British subjects—British citizens in the widest + meaning of the term. They have all the rights and privileges enjoyed by + Englishmen. They hold office. One Chinaman there is a magistrate, and + administers British law for British subjects. A Chinaman resident for + three or four years in England, and possessing a certain amount of + property, can become naturalized and vote, hold office, and exercise all + the functions and enjoy all the privileges of citizens by birth. + </p> + <p> + <a name="link2H_4_0007" id="link2H_4_0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE 7. + </h2> + <blockquote> + <p> + <i> Citizens of the United States shall enjoy all the privileges of the + public educational institutions under the control of the Government of + China, and reciprocally Chinese subjects shall enjoy all the privileges + of the public educational institutions under the control of the + Government of the United States which are enjoyed in the respective + countries by the citizens or subjects of the most favored nations. The + 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, and reciprocally Chinese subjects may enjoy + the same privileges and immunities in the United States. </i> + </p> + </blockquote> + <p> + Article 7 explains itself. + </p> + <p> + <a name="link2H_4_0008" id="link2H_4_0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ARTICLE 8. + </h2> + <blockquote> + <p> + <i> The United States, always disclaiming and discouraging all practices + of unnecessary dictation and intervention by one nation in the affairs + or domestic administration of another, do hereby freely disclaim any + intention or right to intervene in the domestic administration of China + in regard to the construction of railroads, telegraphs, or other + material internal improvements. On the other hand, His majesty and the + Emperor of China reserves to himself the right to decide the time, and + manner, and circumstances of introducing such improvements within his + dominions. With this mutual understanding it is agreed by the + contracting parties that if 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 Western power for facilities to carry out + that policy, the United States will, in that case, designate and + authorize suitable engineers to be employed by the Chinese Government, + and will recommend to other nations an equal compliance with such + application, the Chinese Government in that case protecting such + engineers in their persons and property, and paying them a reasonable + compensation for their service. </i> + </p> + </blockquote> + <p> + Article 8 looks entirely unnecessary at a first glance. Yet to China—and + afterward to the world at large—it is perhaps the most important + article in the whole treaty. It aims at restoring Chinese confidence in + foreigners, and will go far toward accomplishing it. Until that is done, + only the drippings (they amount to millions annually) of the vast + fountains of Eastern wealth can be caught by the Western nations. I have + before spoken of an arrogant class of foreigners in China who demand of + the Government the building of railways and telegraphs, and who assume to + regulate and give law to the customs of trade, almost in open defiance of + the constituted authorities. Their menacing attitude and their threatening + language frighten the Chinese, who know so well the resistless power of + the Western nations. They look upon these things with suspicion. They want + railways and telegraphs, but they fear to put these engines of power into + the hands of strangers without a guaranty that they will not be used for + their own oppression, possibly their destruction. Even as it is now, + foreigners can go into the interior and commit wrongs upon the people with + impunity, for their “extra territorial” privileges leave them answerable + only to their own laws, administered upon their own domain or + “concessions.” These “concessions” being far from the scene of the crime, + it does not pay to send witnesses such distances, and so the wrong goes + untried and unpunished. There are other obstacles to the immediate + construction of the demanded internal improvements—among them the + inherent prejudice of the untaught mass of the common people against + innovation. It is sad to reflect that in this respect the ignorant Chinese + are strangely like ourselves and other civilized peoples. Unfortunately, + the very day that the first message passed over the first telegraph + erected in China, a man died of cholera at one end of the line. The + superstitious people cried out that the white man's mysterious machine had + destroyed the “good luck” of the district. The telegraph had to be taken + down, otherwise the exasperated people would have done it themselves. How + precisely like our civilized, Christianized, enlightened selves these + Chinese “men and brethren” are! The farmers of great Massachusetts turned + out en masse, armed with axes, and resisted the laying of the first + railroad track in that State. Thirty years ago, the concentrated wisdom of + France, in National Assembly convened, gravely pronounced railroads a + “foolish, unrealizable toy.” In Tuscany, the people rose in their might + and swore there should be bloodshed before a railroad track should be laid + on their soil. Their reason was exactly the same as that offered by the + Chinese—they said it would destroy the “good luck” of the country. + Let us be lenient with the little absurd peculiarities of the Chinese, for + manifestly these people are our own blood relations. Let us look + charitably now upon a certain very serious obstacle which lies in the way + of their sudden acceptance of a great railroad system. Let us remember + that China is one colossal graveyard—a mighty empire so knobbed all + over with graves that the level spaces left are hardly more than alleys + and avenues among the clustering death-mounds. Animals graze upon the + grass-clad graves (for all things are made useful in China), and the + spaces between are carefully and industriously cultivated. These graves + are as precious as their own blood to the Chinese, for they worship their + dead as ancestors. The first railroad that plows its pitiless way through + these myriads of sacred hillocks will carry dismay and distress into + countless households. The railways must be built, though. We respect the + griefs of the poor country people, but still the railways must be built. + They will tear heartstrings out by the roots, but they lead to the sources + of unimaginable wealth, and they must be built. These old prejudices must + and can be eradicated—just as they were in Massachusetts. With such + encouragement from foreigners, and such guaranties of good will and just + intent as Article 8 offers by simply agreeing that China may transact her + own private business unmolested by meddlesome interference, the Emperor + will cheerfully begin to open up his country with roads and telegraphs. It + seems a simple thing and an easy one to accord to a man such manifest and + indisputable rights, but beyond all doubt this assurance is what China + craves most. Article 8, indorsed by all the Western powers, would unlock + the riches of 400,000,000 of Chinese subjects to the world. Hence, to all + parties concerned, it is perhaps, the important clause of the treaty. That + China is anxious to build railways is shown in the fact that by the latest + news from there, just officially enunciated to our State Department, it + appears that the Viceroy of the three chief provinces of the Empire is + about to begin a railroad from Suchow to Shanghai—80 miles—or, + at least, has the project under serious consideration. The new treaty with + America will tend to strengthen and encourage him in his design. + </p> + <p> + This is the broadest, most unselfish, and most catholic treaty yet framed + by man, perhaps. There is nothing mean, or exacting, or unworthy in any of + its provisions. It freely offers every privilege, every benefit, and every + concession the most grasping suitor could demand, to a nation accustomed + for generations to understand a “treaty” as being a contrivance whose + province was to extort as many “advantages” as possible and give as few as + possible in return. The only “advantage” to the United States perceptible + on the face of the document, perhaps, is the advantage of having dealt + justly and generously by a neighbor and done it in a cordial spirit. It is + something to have done right—a species of sentiment seldom + considered in treaties. In ratifying this treaty the Senate of the United + States did themselves high credit, and all the more so that they did it + with such alacrity and such heartiness. This is a treaty with no specific + advantages noted in it; it is simply the first great step toward throwing + all China open to the world, by showing toward her a spirit which invites + her esteem and her confidence instead of her customary curses. There is + nothing in it about China ceding to us the navigation of an ocean in + return for the navigation of a creek; nor the monopoly of silk for a + monopoly of beeswax; nor a whaling-ground in return for a sardine-fishery. + Yet it is a treaty which is full of “advantages.” It is more full of them + than is any other treaty, but they are meted out with an even hand to all—to + China upon the one hand, and to the world upon the other. It looks to the + opening up, in China, of a vast and lucrative commerce with the world, and + of which America will have only her just share, nothing more. It looks to + the lifting up of a mighty nation and conferring upon it the boon of a + purer religion and of a higher and better civilization than it has known + before. It is a treaty made in the broad interests of justice, + enlightenment, and progress, and therefore it must stand. It bridges the + Pacific, it breaks down the Tartar wall, it inspires with fresh young + blood the energies of the most venerable of the nations. It acquires a + grand field for capital, labor, research, enterprise—confers + science, mechanics, social and political advancement, Christianity. Is it + not enough? + </p> + <p> + Mark Twain. + </p> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> +<pre xml:space="preserve"> + + + + + +End of the Project Gutenberg EBook of The Treaty With China, its Provisions +Explained, by Mark Twain + +*** END OF THIS PROJECT GUTENBERG EBOOK TREATY WITH CHINA *** + +***** This file should be named 33077-h.htm or 33077-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/3/3/0/7/33077/ + +Produced by John Greenman, Martin Zehr, and David Widger + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase “Project +Gutenberg”), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. “Project Gutenberg” is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation (“the Foundation” + or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase “Project Gutenberg” appears, or with which the phrase “Project +Gutenberg” is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase “Project Gutenberg” associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +“Plain Vanilla ASCII” or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original “Plain Vanilla ASCII” or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, “Information about donations to + the Project Gutenberg Literary Archive Foundation.” + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +“Defects,” such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the “Right +of Replacement or Refund” described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + </body> +</html> diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..ea5e509 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #33077 (https://www.gutenberg.org/ebooks/33077) |