hese protections the Chinese
in considerable numbers had made their lodgment upon our soil.
The Burlingame treaty undertakes to deal with this situation, and its
fifth and sixth articles embrace its most important provisions in this
regard and the main stipulations in which the Chinese Government has
secured an obligatory protection of its subjects within our territory.
They read as follows:
ART. V. The United States of America and the Emperor of China
cordially recognize the inherent and inalienable right of man to
change his home and allegiance, and also the mutual advantage of
the free migration and emigration of their citizens and subjects
respectively from the one country to the other for purposes of
curiosity, of trade, or as permanent residents. The high contracting
parties therefore join in reprobating any other than an entirely
voluntary emigration for these purposes. They consequently agree 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, or for a Chinese subject or
citizen of the United States to take citizens of the United States
to China or to any other foreign country, without their free and
voluntary consent, respectively.
ART. VI. 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 there be enjoyed by the citizens or subjects of the
most favored nation. But nothing herein contained shall be held to
confer naturalization upon citizens of the United States in China,
nor upon the subjects of China in the United States.
An examination of these two articles in the light of the experience
then influential in suggesting their "necessity" will show that the
fifth article was framed in hostility to what seemed the principal
mischief to be guarded against, to wit, the introduction of Chinese
laborers by methods which should have the character of a forced and
servile importation, and not of a voluntary emigration of freemen
seeking our shores upon motives and in a manner conso
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