The Treaty With China, its Provisions Explained: New York Tribune, Tuesday, August 28, 1868

In Short

This work serves as an explanatory guide to the 1868 treaty between the United States and China. By breaking down the document article by article, the text clarifies the strategic and moral intent behind specific diplomatic provisions. It argues that the treaty is a transformative instrument designed to restore Chinese trust in Western nations by rejecting the era’s aggressive, colonial-style interventionism. Long after the specific political climate of the 1860s has faded, the writing remains a significant artifact documenting the complex, often fraught intersection of international law and racial prejudice.

The Story

The narrative begins with an acknowledgment of the skepticism that often greets dry diplomatic texts. Many observers view the new treaty as filled with "surplusage," or unnecessary legal padding. However, the text argues that these clauses are essential, dictated by the urgent need to reshape foreign relations with China. The core of the argument is that previous foreign interactions were defined by an arrogant "anti-concession" mentality, where Western powers treated China as a helpless, degraded land to be carved up. The story of this treaty is therefore one of a pivot: from the "tyrannical class" of foreigners who demanded privileges through threats, toward a policy of "Christian kindness" and mutual recognition of sovereignty.

As the analysis progresses through each article, the author highlights the shift in power and perception. Article 1 re-establishes Chinese jurisdiction over foreign settlements, effectively ending the dangerous notion that these territories were simply extensions of Western nations. Article 2 is presented as a direct rebuke to those who insist on dictating Chinese internal affairs. The narrative then turns to the domestic impact in America, particularly in California. With the arrival of Chinese consuls (Article 3) and the guarantee of religious freedom (Article 4), the author posits that the era of state-sanctioned abuse—where "white brutes" could assault immigrants with impunity—is finally drawing to a close.

The arc continues to the economic and social implications of the treaty. Article 5 and 6 address the rights of movement and the potential for naturalization. The author does not shy away from the prevailing prejudices of the time; rather, he confronts the "weeping, and wailing, and gnashing of teeth" that he expects to occur among those on the Pacific coast who profit from Chinese labor while denying the workers their dignity. The text insists that these articles act as a "miracle," elevating a maligned population to the status of potential citizens.

Finally, the narrative concludes with a look at infrastructure and future progress. Articles 7 and 8 provide a framework for internal improvements, such as railroads and telegraphs. The author draws a poignant comparison between the superstitious resistance of the Chinese to these innovations and the similar "foolish" opposition once seen in Massachusetts or France. The treaty, he argues, is "the broadest, most unselfish, and most catholic" agreement ever framed. It does not trade minor concessions for monopoly, but instead builds a bridge across the Pacific, inviting the "venerable nation" of China into a future of shared science, commerce, and civilization.

How It Unfolds

The treaty’s purpose The text introduces the 1868 agreement as an amplification of earlier diplomatic efforts. It asserts that every clause serves a specific, wise policy meant to fix the broken relations of the past.

Reclaiming sovereignty The analysis explains how early articles strip away the illegal autonomy of foreign enclaves in China. It emphasizes the importance of recognizing the Emperor’s "eminent domain" over land occupied by Westerners.

Challenging the status quo The author addresses the "tyrannical class" of foreign residents who interfere in Chinese politics. He argues that this behavior historically destroyed Chinese hospitality and must be abandoned to restore lost confidence.

The shift in California The narrative moves to the domestic consequences of the treaty, focusing on the protection of Chinese immigrants from local violence. It argues that the presence of official Chinese consuls will force a change in how the law treats these residents.

Naturalization and rights The text examines the prospect of Chinese citizens gaining civil rights, including the right to own property and testify in court. It suggests that these protections represent a necessary evolution of American liberty.

Infrastructure and the future The final section discusses the introduction of telegraphs and railroads. It concludes that by respecting Chinese domestic control, the treaty will ultimately unlock vast resources for the benefit of all nations.

The People

The text identifies several groups and figures who drive or resist this change. The "tyrannical class" of foreigners represents the primary obstacle; these individuals view the Chinese as "degraded barbarians" and believe they must be "taken by the throat" to serve Western interests. They are contrasted with Mr. Burlingame, the American representative whose new treaty seeks to dismantle their influence.

The Chinese Emperor and his government are portrayed as victims of past exploitation who now seek a framework for modern interaction. Their desire for progress is tempered by a deep, ancestral reverence for the dead, which necessitates a careful approach to infrastructure. On the domestic front, the "cooks, railroad graders, and cobble-stone artists of California" represent the segment of the public most opposed to the treaty. The author characterizes them as a brutalizing force that delights in the maltreatment of Chinese residents. Finally, the Chinese immigrant is described with a mix of objective observation and empathetic recognition: they are hardworking, temperate, and essential to the economy, yet historically denied the most basic protections of the law. The text hopes that these immigrants will emerge from the "mud" of their current status to become productive, respected members of the American body politic.

In Its Own Voice

"It will interest others to know in what manner and to what extent the treaty will affect our existing relations with China."

(This serves as the introduction to the author’s intent to demystify the legal language of the agreement.)

"It will surprise many among us to know that the Chinese are eminently hospitable, by nature, toward strangers."

(The author uses this observation to challenge the prevailing narrative that the Chinese are inherently hostile or xenophobic.)

"It is a treaty made in the broad interests of justice, enlightenment, and progress, and therefore it must stand."

(This closing sentiment summarizes the author’s conviction regarding the moral necessity of the agreement.)

What It's Really About

The text is fundamentally an argument for the "liberalization" of international and domestic policy. It posits that justice is not merely a moral imperative but a pragmatic tool for national prosperity. The central question is whether a nation can reconcile its economic ambition with its stated values of equality. By drawing parallels between the Chinese and the American experience—such as the shared resistance to early railroads—the text attempts to collapse the distance between "civilized" and "Pagan" societies. It argues that the "right-hand of fellowship" is the only sustainable way to engage with the world, suggesting that protection of foreign subjects is a reflection of a nation's own internal maturity and adherence to its constitutional ideals.

Why Read It Today

Readers interested in the history of American foreign policy or the shifting landscape of 19th-century immigration will find this a fascinating, if occasionally uncomfortable, read. The writing is sharp, witty, and deeply opinionated, reflecting the distinct, confident voice of its author. It provides a unique window into how a contemporary observer navigated the tension between systemic racism in California and the high-minded idealism of federal diplomacy.

However, modern readers should be prepared for the period’s casual dehumanization. The author frequently refers to Chinese cultural practices—such as theater or religious rites—with a condescending tone, even while advocating for the rights of the people who perform them. The prose is dense, filled with the specific legalistic jargon of the 1860s, and the author’s own biases regarding race and class are woven into the text. Despite this, the work remains an essential piece of historical record. It captures a moment where the "grand edifice" of international cooperation was being tested against the realities of xenophobic populism. To read it is to confront how the arguments for inclusivity and globalization were articulated—and resisted—over 150 years ago, leaving one with a clearer sense of the long, slow arc of human rights.