Burlingame Treaty
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The Burlingame Treaty (), also known as the Burlingame–Seward Treaty of 1868, was a landmark treaty between the
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and
Qing China The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speaki ...
, amending the
Treaty of Tientsin The Treaty of Tientsin, also known as the Treaty of Tianjin, is a collective name for several documents signed at Tianjin (then romanized as Tientsin) in June 1858. The Qing dynasty, Russian Empire, Second French Empire, United Kingdom, and t ...
, to establish formal friendly relations between the two nations, with the United States granting China the status of most favored nation with regards to trade. It was signed in the capital of the United States, Washington, D.C. in 1868 and ratified in
Peking } Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 ...
in 1869. The most significant result of the treaty was that it effectively lifted any former restrictions in regards to emigration to the United States from China; with large-scale immigration to the United States beginning in earnest by
Chinese immigrants Overseas Chinese () refers to people of Chinese birth or ethnicity who reside outside Mainland China, Hong Kong, Macau, and Taiwan. As of 2011, there were over 40.3 million overseas Chinese. Terminology () or ''Hoan-kheh'' () in Hokkien, ...
.


History

China and the United States concluded the Burlingame–Seward Treaty in 1868 to expand upon the Treaty of Tianjin of 1858. The new treaty established some basic principles that aimed to ease immigration restrictions, and represented a Chinese effort to limit foreign interference in internal Chinese affairs. On June 14, 1861, Lincoln appointed
Anson Burlingame Anson Burlingame (November 14, 1820 – February 23, 1870) was an American lawyer, Republican/American Party legislator, diplomat, and abolitionist. As diplomat, he served as the U.S. minister to China (1862–1867) and then as China's envoy to ...
as minister to the
Qing Empire The Qing dynasty ( ), officially the Great Qing,, was a Manchu people, Manchu-led Dynasties in Chinese history, imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin (1616–1636), La ...
. Burlingame was an experienced diplomat, having had a long record of faithful employment in the
diplomatic service Diplomatic service is the body of diplomats and foreign policy officers maintained by the government of a country to communicate with the governments of other countries. Diplomatic personnel obtains diplomatic immunity when they are accredited to o ...
. Upon his arrival in China, he chose to establish a cooperative and friendly policy rather than an aggressive and uncompromising one and developed close and amiable relationships with the reform elements of the Qing court. The United States also wished to gain access to profitable trading opportunities and foster the continued spread of Christianity in Asia via their
missionaries A missionary is a member of a religious group which is sent into an area in order to promote its faith or provide services to people, such as education, literacy, social justice, health care, and economic development.Thomas Hale 'On Being a Mi ...
, which was already initiated by Catholic missionaries who arrived in China starting in the 16th century. As a part of the general effort to convince the Chinese to adopt a more Western approach to diplomacy and governance, the Western powers also encouraged the Qing government to send diplomatic missions abroad. Finally persuaded to do so, the Chinese requested that Burlingame accompany their representatives on a tour that included stops in the major capitals of
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,
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,
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, and
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. Burlingame, originally a representative of the U.S. government, gave up his post to assist the Chinese in their treaty negotiations with Seward. While in Washington, Burlingame negotiated a treaty with Secretary of State William H. Seward, his former superior to revise and expand upon the points established in the Treaty of Tianjin of 1858. The first few articles of the new treaty protected commerce conducted in Chinese ports and cities, and established the right of China to appoint
consuls A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
to American port cities. The more groundbreaking articles included measures that promised the Chinese the right to free immigration and travel within the United States, and allowed for the protection of Chinese citizens in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
in accordance with the most-favored-nation principle. Another article gave the citizens of the two nations reciprocal access to education and schooling when living in the other country. All of these articles served to reinforce the principle of equality between the two nations. The final article of the Burlingame–Seward Treaty offered China some protection from external influence in internal matters. In this article the U.S. recognized that the decision to begin new construction projects or similar improvements belonged in the hands of the local government, not foreign powers or their representatives. This point was intended to safeguard against undue U.S. involvement in Chinese domestic affairs. On November 16, 1867, Burlingame was appointed envoy extraordinary and minister plenipotentiary to head a Chinese diplomatic mission to the United States and the principal European nations. The mission, which included two Chinese ministers, two Western secretaries, six
students A student is a person enrolled in a school or other educational institution. In the United Kingdom and most commonwealth countries, a "student" attends a secondary school or higher (e.g., college or university); those in primary or elementar ...
from
Peking } Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 ...
, and a considerable retinue, arrived in the United States in March 1868. Burlingame used his personal relations with the Republican administration to negotiate a relatively quick and favorable treaty. In a series of speeches across the country, he displayed eloquent oratory to advocate equal treatment of China and a welcoming stance toward Chinese immigrants. On July 28, 1868, it concluded at Washington, D.C., a series of articles, supplementary to the Reed Treaty of 1858, and later known as the Burlingame Treaty.


Terms

The treaty: *Recognized China's right of
eminent domain Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Austr ...
over all of its territory; *Gave China the right to appoint
consul Consul (abbrev. ''cos.''; Latin plural ''consules'') was the title of one of the two chief magistrates of the Roman Republic, and subsequently also an important title under the Roman Empire. The title was used in other European city-states throu ...
s at ports in the United States, "who shall enjoy the same privileges and immunities as those enjoyed by the consuls of
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and
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"; *Provided that "citizens of the United States in China of every religious persuasion and Chinese subjects in the United States shall enjoy entire liberty of conscience and shall be exempt from all disability or persecution on account of their religious faith or worship in either country"; and *Granted certain privileges to citizens of either country residing in the other, the privilege of
naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
, however, being specifically withheld.


Impact

Chinese
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, ...
to the United States was initially encouraged. Opposition in Congress to Chinese immigration led President
Rutherford B. Hayes Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governo ...
to authorize
James Burrill Angell James Burrill Angell (January 7, 1829 – April 1, 1916) was an American educator and diplomat. He is best known for being the longest-serving president of the University of Michigan, from 1871 to 1909. He represented the transition from sma ...
to renegotiate the treaty in 1880. On November 17, 1880, the renegotiated treaty, called the Treaty Regulating Immigration from China (and more informally as the Angell Treaty of 1880), was passed. This would suspend, but not prohibit, Chinese immigration, while confirming the obligation of the United States to protect the rights of those immigrants already arrived. Despite the reciprocal protections that the Treaty afforded Chinese in the United States and Americans in China, the Treaty ultimately reinforced U.S. trade interests with China under the principle of the most-favored-nation concept, and it ensured a steady flow of low-cost Chinese immigrant labor for U.S. firms. For these reasons, American industrial leaders initially celebrated the Treaty as a major advancement for American commercial interests. However, the success of the treaty was short-lived. By the late 1870s, U.S. industrial leaders and politicians could no longer ignore the increasing anti-Chinese sentiment and violence in the United States, particularly in the western states; in fact, industrialists and politicians often promoted anti-Chinese activities. A new treaty signed in 1880 revised the Burlingame–Seward agreement, and the
Chinese Exclusion Act of 1882 The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers for 10 years. The law excluded merchants, teachers, students, travelers, and diplo ...
abrogated its free immigration clauses altogether.{{cite web, url=https://history.state.gov/milestones/1866-1898/burlingame-seward-treaty, title=The Burlingame–Seward Treaty, 1868, publisher=Office of the Historian


See also

*
Anson Burlingame Anson Burlingame (November 14, 1820 – February 23, 1870) was an American lawyer, Republican/American Party legislator, diplomat, and abolitionist. As diplomat, he served as the U.S. minister to China (1862–1867) and then as China's envoy to ...
* William H. Seward *
List of treaties This list of treaties contains known agreements, pacts, peaces, and major contracts between states, armies, governments, and tribal groups. Before 1200 CE 1200–1299 1300–1399 1400–1499 1500–1599 1600–1699 1700–1799 ...
*
Timeline of United States diplomatic history The diplomatic history of the United States oscillated among three positions: isolation from diplomatic entanglements of other (typically European) nations (but with economic connections to the world); alliances with European and other military ...
*
Chinese American Chinese Americans are Americans of Han Chinese ancestry. Chinese Americans constitute a subgroup of East Asian Americans which also constitute a subgroup of Asian Americans. Many Chinese Americans along with their ancestors trace lineage from ...


References


External links


The Text of the Treaty in English and Chinese (1868)


Treaties of the United States History of immigration to the United States Chinese-American history 1868 in China 1868 in the United States China–United States relations 1868 treaties Treaties of the Qing dynasty