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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 149 of 392 (38%)
entirely voluntary emigration" by both the high contracting parties,
and in the reciprocal obligations whereby we secured the solemn and
unqualified engagement on the part of the Government of China "to pass
laws making it a penal offense for a citizen of the United States or
Chinese subjects to take Chinese subjects either to the United States
or to any other foreign country without their free and voluntary
consent," constitutes the great force and value of this article. Its
importance both in principle and in its practical service toward our
protection against servile importation in the guise of immigration can
not be overestimated. It commits the Chinese Government to active and
efficient measures to suppress this iniquitous system, where those
measures are most necessary and can be most effectual. It gives to
this Government the footing of a treaty right to such measures and
the means and opportunity of insisting upon their adoption and
of complaint and resentment at their neglect. The fifth article,
therefore, if it fall short of what the pressure of the later
experience of our Pacific States may urge upon the attention of this
Government as essential to the public welfare, seems to be in the
right direction and to contain important advantages which once
relinquished can not be easily recovered.

The second topic which interested the two Governments under the actual
condition of things which prompted the Burlingame treaty was adequate
protection, under the solemn and definite guaranties of a treaty,
of the Chinese already in this country and those who should seek
our shores. This was the object, and forms the subject of the sixth
article, by whose reciprocal engagement the citizens and subjects of
the two Governments, respectively, visiting or residing in the
country of the other are secured the same privileges, immunities,
or exemptions there enjoyed by the citizens or subjects of the most
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