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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. 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