ms
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
all parts of equal and concurrent force and obligation between the
two Governments, and to all intents and purposes as if embraced in one
instrument.
The principal treaty, of which the ratifications were exchanged August
16, 1859, recites that "the United States of America and the Ta Tsing
Empire, desiring to maintain firm, lasting, and sincere friendship,
have resolved to renew, in a manner clear and positive, by means of a
treaty or general convention of peace, amity, and commerce, the rules
which shall in future be mutually observed in the intercourse of their
respective countries," and proceeds in its thirty articles to lay out
a careful and comprehensive system for the commercial relations of our
people with China. The main substance of all the provisions of this
treaty is to define and secure the rights of our people in respect
of access to, residence and protection in, and trade with China. The
actual provisions in our favor in these respects were framed to be,
and have been found to be, adequate and appropriate to the interests
of our commerce, and by the concluding article we receive the
important guaranty that--
Should at any time the Ta Tsing Empire grant to any nation, or the
merchants or citizens of any na
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