means of livelihood. But the cardinal thesis maintained by Mr. Burlingame - obscured though it was by the ignorance and prejudices of his hearers - that China had already begun her education and was capable of accepting great and progressive changes undertaken in her own way, is being abundantly justified by time. APPENDICES I. THE SO-CALLED BURLINGAME TREATY OF JULY 28, 1868. II. Two DISPATCHES OF J. Ross BROWNE TO SECRETARY FISH, JUNE, 1869. III. HART'S NOTE ON CHINESE MATTERS AND BROWNE'S STRICTURES, JUNE, 1869. IV. SECRETARY FISH TO GEORGE BANCROFT ON AMERICAN POLICY IN CHINA, AUGUST 31, 1869. V. CONSUL SEWARD TO SECRETARY FISH ON THE SITUATION IN CHINA, APRIL 22, 1870. I ADDITIONAL ARTICLES TO THE TREATY OF COMMERCE BETWEEN THE UNITED STATES AND CHINA, OF JUNE 18, 1858. SIGNED AT WASHINGTON, 28TH JULY, 1868 (Ratifications exchanged at Peking, November 23, 1869) Whereas 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, the President of the United States and the august Sovereign of the Ta-Tsing Empire have named for their Plenipotentiaries to wit: The President of the United States of America, William H. Seward, Secretary of State, and His Majesty the Emperor of China, Anson Burlingame, accredited as his Envoy Extraordinary and Minister Plenipotentiary, and Chih Kang and Sun Chia-Ku, of the second Chinese rank, associated High Envoys and Ministers of his said Majesty; and the said Plenipotentiaries, after having exchanged their full powers, found to be in due and proper form, have agreed upon the following Articles: ARTICLE I CHINESE JURISDICTION OVER LANDS ON WHICH CITIZENS OF THE UNITED STATES RESIDE, AND OVER WATERS IN WHICH THEY TRADE. ATTACKS ON PROPERTY BY SUBJECTS OF POWERS AT WAR WITH UNITED STATES DISCLAIMED. RESISTANCE TO ATTACKS BY CITIZENS OF THE UNITED STATES His Majesty the Emperor of China, being of the opinion that, in making concessions to the citizens or subjects of foreign Powers of the privilege of residing on certain tracts of land, or resorting to certain waters of that Empire for purposes of trade, he has by no means relinquished his right of eminent domain or dominion over the said land and waters, hereby agrees that no such concession or grant shall be construed to give to any Power or party which may be at war with or hostile to the United States the right to attack the citizens of the United States or their property within the said land or waters. And the United States, for themselves, hereby agree to abstain from offensively attacking the citizens or subjects of any Power or party, or their property, with which they may be at war on any such tract of land or waters of the said Empire. But nothing in this Article shall be construed to prevent the United States from resisting an attack by any hostile Power or party upon their citizens or their property. It is further agreed that, if any right or interest in any tract of land in China has been or shall hereafter be granted by the Government of China to the United States or their citizens for purpose of trade or commerce, that grant shall in no event be construed to divest the Chinese authorities of their right of jurisdiction over persons and property within said tract of land, except in so far as that right may have been expressly relinquished by Treaty. ARTICLE II PRIVILEGES AND IMMUNITIES OF TRADE AND NAVIGATION NOT GRANTED BY TREATY The United States of America and His Majesty the Emperor of China, believing that the safety and prosperity of commerce will thereby best be promoted, agree that any privilege or immunity in respect to trade or navigation within the Chinese dominions, which may not have |