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A Compilation of the Messages and Papers of the Presidents - Volume 7, part 2: Rutherford B. Hayes by James D. (James Daniel) Richardson
page 144 of 392 (36%)
Chinese to the United States." The only means adopted to secure the
proposed object was the limitation on the number of Chinese passengers
which might be brought to this country by any one vessel to fifteen;
and as this number was not fixed in any proportion to the size
or tonnage of the vessel or by any consideration of the safety or
accommodation of these passengers, the simple purpose and effect of
the enactment were to repress this immigration to an extent falling
but little short of its absolute exclusion.

The bill, as amended in the Senate and now presented to me, includes
an independent and additional provision which aims at and in terms
requires the abrogation by this Government of Articles V and VI of the
treaty with China commonly called the Burlingame treaty, through the
action of the Executive enjoined by this provision of the act.

The Burlingame treaty, of which the ratifications were exchanged at
Peking November 23, 1869, recites as the occasion and motive of its
negotiation by the two Governments that "since the conclusion of the
treaty between the United States of America and the Ta Tsing Empire
(China) of the 18th of June, 1858, circumstances have arisen showing
the necessity of additional articles thereto," and proceeds to
an agreement as to said additional articles. These negotiations,
therefore, ending by the signature of the additional articles July
28, 1868, had for their object the completion of our treaty rights
and obligations toward the Government of China by the incorporation
of these new articles as thenceforth parts of the principal treaty
to which they are made supplemental. Upon the settled rules of
interpretation applicable to such supplemental negotiations the text
of the principal treaty and of these "additional articles thereto"
constitute one treaty from the conclusion of the new negotiations, in
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