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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. 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