schools within the Empire of China at those places where foreigners are by treaty permitted to reside, and, reciprocally, Chinese subjects may enjoy the same privileges and immunities in the United States.

ARTICLE VIII.

The United States, always disclaiming and discouraging all practices of unnecessary dictation and intervention by one nation in the affairs or domestic administration of another, do hereby freely disclaim and disavow any intention or right to intervene in the domestic administration of China in regard to the construction of railroads, telegraphs or other material internal improvements. On the other hand, His Majesty, the Emperor of China, reserves to himself the right to decide the time and manner and circumstances of introducing such improvements within his dominions. With this mutual understanding it is agreed by the contracting parties that if at any time hereafter His Imperial Majesty shall determine to construct or cause to be constructed works of the character mentioned within the Empire, and shall make application to the United States or any other Western power for facilities to carry out that policy, the United States will, in that case, designate and authorize suitable engineers to be employed by the Chinese Government, and will recommend to other nations an equal compliance with such application, the Chinese Government in that case protecting such engineers in their persons and property, and paying them a reasonable compensation for their service.

In faith whereof, the respective Plenipotentiaries have signed this treaty, and thereto affixed the seals of their arms.

Done at Washington the twenty eight day of July, in the year of our Lord one thousand eight hundred and sixty-eight.

1880.

IMMIGRATION TREATY."

Concluded November 17, 1880; ratification advised by the Senate May 5,1881; ratified by the President May 9, 1881; ratifications exchanged July 19, 1881; proclaimed October 5, 1881. (Treaties and Conventions, 1889, p. 182.)

ARTICLES.

I. Suspension of Chinese immigra- | III. Protection of Chinese in the United tion. States. II. Rights of Chinese in the United IV. Notification of legislation; ratificaStates. tion

Whereas, in the eighth year of Hsien Feng, Anno Domini, 1858, a treaty of peace and friendship was concluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih, Anno Domini, 1868., certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed:--and

Whereas the Government of the United States, because of the constantly increasing immigration of Chinese laborers to the territory of the United States, and the embarrassments consequent upon such immigration, now desires to negotiate a modification of the existing Treaties which shall not be in direct contravention of their spirit:now, therefore, the President of the United States of America has appointed James B. Angell, of Michigan, John F. Swift, of California, and William Henry Trescot, of South Carolina as His Commissioners Plenipotentiary; and His Imperial Majesty, the Emperor of China, has appointed Pao Chün, a Member of His Imperial Majesty's Privy Council, and Superintendent of the Board of Civil Office; and Li Hungtsao, a Member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following articles in modification.

ARTICLE I.

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

a See Treaty of 1894, p. 122.

Federal cases: Chew Heong v. U. S., 112 U. S., 536; Yick Wo v. Hopkins, 118 U. S., 356; Baldwin v. Franks, 120 U. S., 678; U. S. v. Jung Ah Lung, 124 U. S., 621; Chae Chan Ping v. U. S., 130 U. S., 581; Wan Shing v. U. S., 140 U. S., 424; Ex parte Lau Ow Bew, 141 U. S., 583; Lau Ow Bew v. U. S., 144 U. S., 47; Fong Yue Ting v. U. S., 149 Ú. S., 648; In re Ah Kee, 22 Blatch., 520; In re Ah Lung, 9 Sawy., 306; In re Leong Yick Dew, 10 Sawy., 38; In re Ah Quan, 10 Sawy., 222; In re Shong Toon, 10 Sawy., 268; In re Ah Moy, 10 Sawy., 345; In re Chew Heong, 10 Sawy., 361; In re Quong Woo, 13 Fed. Rep., 229; Case of Chinese Merchant, 13 Fed. Rep., 605; In re Moncan, 14 Fed. Rep., 44; In re Ho King, 14 Fed. Rep., 724; U. S. v. Douglass, 17 Fed. Rep., 634; In re Chin Ah On, 18 Fed. Rep., 506; In re Pong Ah Chee, 18 Fed. Rep., 527; In re Tung Yeong, 19 Fed. Rep., 184; Case of Chinese Wife, 21 Fed. Rep., 785; Case of Chinese Laborer, 21 Fed. Rep., 791; In re Ah Ping, 23 Fed. Rep., 329; In re Chae Chan Ping, 36 Fed. Rep., 431; In re Chung Toy Ho, 42 Fed. Rep., 398; U. S. v. Ah Fawn, 57 Fed. Rep., 591; U. S. v. Yong Yew, 83 Fed. Rep., 832.

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. The limitation or suspension shall be reasonable and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation, limitation, or suspension of immigration, and immigrants shall not be subject to personal maltreatment or abuse."

ARTICLE II.

Chinese subjects, whether proceeding to the United States as teachers, students, merchants, or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exceptions which are accorded to the citizens and subjects of the most favored nations.

ARTICLE III.

If Chinese laborers, or Chinese of any other class, now either permanently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other persons, the Gov ernment of the United States will exert all its power to devise meas ures for their protection, and to secure to them the same rights, privileges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty

ARTICLE IV.

The high contracting Powers having agreed upon the foregoing articles, whenever the Government of the United States shall adopt legislative measures in accordance therewith, such measures will be communicated to the Government of China. If the measures as enacted are found to work hardship upon the subjects of China, the Chinese Minister at Washington may bring the matter to the notice of the Secretary of State of the United States, who will consider the subject with him; and the Chinese Foreign Office may also bring the matter to the notice of the United States Minister at Peking and consider the subject with him, to the end that mutual and unqualified benefit may result.

In faith whereof the respective Plenipotentiaries have signed and sealed the foregoing at Peking, in English and Chinese, being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from date of its execution. Done at Peking, this seventeenth day of November, in the year of Our Lord, 1880. Kuanghsü, sixth year, tenth moon, fifteenth day.

@ U. S. Stats., Vol. 22, p. 58; Vol. 23, p. 115; Vol. 25, pp. 476, 504; Vol. 27, p. 25; Vol.

28, p. 7.

1880.

TREATY AS TO COMMERCIAL INTERCOURSE AND JUDICIAL

PROCEDURE.

Concluded November 17, 1880; ratification advised by the Senate May 5, 1881; ratified by the President May 9, 1881; ratifications exchanged July 19, 1881; proclaimed October 5, 1881. (Treaties and Conventions, 1889, p. 184.)

I. Commercial relations.

II. Importation of opium forbidden.

ARTICLES.

III. Equality of duties.
IV. Trials of actions in China.

The President of the United States of America and His Imperial Majesty the Emperor of China, because of certain points of incompleteness in the existing Treaties between the two governments, have named as their commissioners plenipotentiary:-that is to say

The President of the United States, James B. Angell of Michigan, John F. Swift of California, and William Henry Trescot of South Carolina;

His Imperial Majesty, the Emperor of China, Pao Chün, a Member of His Imperial Majesty's Privy Council and Superintendent of the Board of Civil Office, and Li Hungtsao, a Member of His Imperial Majesty's Privy Council, who have agreed upon and concluded the following additional articles.

ARTICLE I.

The Governments of the United States and China, recognizing the benefits of their past commercial relations, and in order still further to promote such relations between the citizens and subjects of the two Powers, mutually agree to give the most careful and favorable attention to the representations of either as to such special extension of commercial intercourse as either may desire.

ARTICLE II.

The Governments of China and of the United States mutually agree and undertake that Chinese subjects shall not be permitted to import opium into any of the ports of the United States; and citizens of the United States shall not be permitted to import opium into any of the open ports of China, to transport it from one open port to any other open port, or to buy and sell opium in any of the open ports of China. This absolute prohibition which extends to vessels owned by the citizens or subjects of either Power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either Power, and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States; and the benefits of the favored nation clause in existing Treaties shall not be claimed by the citizens or subjects of either Power as against the provisions of this article.

ARTICLE III.

His Imperial Majesty, the Emperor of China hereby promises and agrees that no other kind or higher rate of tonnage dues, or duties S. Doc. 318, 58-2—11

for imports or exports, or coastwise trade shall be imposed or levied in the open ports of China upon vessels wholly belonging to citizens of the United States, or upon the produce manufactures or merchandise imported in the same from the United States, or from any foreign country; or upon the produce manufactures or merchandise exported in the same to the United States or to any foreign country, or transported in the same from one open port of China to another, than are imposed or levied on vessels or cargoes of any other nation or on those of Chinese subjects.

The United States hereby promise and agree that no other kind or higher rate of tonnage dues or duties for imports shall be imposed or levied in the ports of the United States upon vessels wholly belonging to the subjects of His Imperial Majesty, and coming either directly or by way of any foreign port, from any of the ports of China which are open to foreign trade, to the ports of the United States, or returning therefrom either directly or by way of any foreign port, to any of the open ports of China; or upon the produce, manufactures, or merchandise imported in the same from China or from any foreign country, than are imposed or levied on vessels of other nations which make no discrimination against the United States in tonnage dues or duties on imports, exports, or coastwise trade; or than are imposed or levied on vessels and cargoes of citizens of the United States.

ARTICLE IV.

When controversies arise in the Chinese Empire between citizens of the United States and subjects of His Imperial Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Governments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff's nationality shall be freely permitted to attend the trial and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interests of justice. If he so desires, he shall have the right to present, to examine and to cross examine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case.

In faith whereof the respective Plenipotentaries have signed and sealed the foregoing at Peking in English and Chinese, being three originals of each text, of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from the date of its execution.

Done at Peking this seventeenth day of November, in the year of our Lord, 1880. Kuanghsü, sixth year, tenth moon, fifteenth day. JAMES B. ANGELL. [SEAL.] JOHN F. SWIFT.

SEAL.

WM. HENRY TRESCOT. [SEAL.]
PAO CHUN.

LI HUNGTSAO.

[SEAL.]