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Our Foreigners - A Chronicle of Americans in the Making by Samuel P. Orth
page 140 of 224 (62%)
entry a list of their Chinese passengers. The Senate added an
amendment requesting the President to notify the Chinese Government
that the section of the Burlingame treaty insuring reciprocal
interchange of citizens was abrogated. After a very brief debate the
measure that so flagrantly defied an international treaty passed both
houses. It was promptly vetoed, however, by President Hayes on the
ground that it violated a treaty which a friendly nation had carefully
observed. If the Pacific cities had cause of complaint, the President
preferred to remedy the situation by the "proper course of diplomatic
negotiations."[47]

The President accordingly appointed a commission, under the
chairmanship of James B. Angell, president of the University of
Michigan, to negotiate a new treaty. The commission proceeded to China
and completed its task in November, 1880. The new treaty provided
that, "whenever, in the opinion of the Government of the United
States, the coming of Chinese laborers to the United States, or their
residence therein, affects or threatens to affect the interests of
that country, or to endanger the good order of the said country or of
any locality within the territory thereof, the Government of China
agrees that the Government of the United States may regulate, limit,
or suspend such coming or residence, but may not absolutely prohibit
it." Other Chinese subjects who had come to the United States, "as
travelers, merchants, or for curiosity," and laborers already in the
United States, were to "be allowed to go and come of their own free
will," with all of the "rights, privileges, immunities, and exemptions
which are accorded to the citizens of the most favored nation." The
United States furthermore undertook to protect the Chinese in the
United States against "ill treatment" and to "devise means for their
protection."
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