以下是机器翻译和粗略的人工审读
浦安臣协议,1868 年
鉴于自 1858 年 6 月 18 日美利坚合众国与大清帝国(中国)缔结条约以来,出现的情况表明有必要对其附加条款,美国总统和威严的大清君主
帝国任命了他们的全权代表,即:美利坚合众国总统威廉·H·苏厄德(William H. Seward),国务卿,中国皇帝陛下,任命为特命全权公使的浦安臣同志(Anson Burlingame),以及 -康和孙家谷,中国第二级,联合特使和部长,以及上述全权代表,在交换全权后,在适当和适当的形式下,同意如下 文章:
第一条
中国皇帝陛下认为,在向外国列强的公民或臣民作出让步,让其有权居住在该帝国的某些土地上,或出于贸易目的而诉诸该帝国的某些水域时,他 决不放弃其对上述土地和水域的征用权或统治权,特此同意,此类让步或授予不得解释为给予可能与美国交战或敌对的任何国家或一方 攻击上述土地或水域内的美国公民或其财产的权利; 美国本人特此同意,不对任何国家或政党的公民或臣民或其可能在上述帝国的任何此类土地或水域交战的公民或臣民或其财产进行进攻; 但本条中的任何内容均不得解释为阻止美国抵抗任何敌对国家或政党对其公民或其财产的攻击。 双方进一步同意,如果中国政府已经或今后将出于贸易或商业目的向美国或其公民授予在中国任何一块土地上的任何权利或权益,则该授予在任何情况下均不得 被解释为剥夺中国当局对上述土地内的人员和财产的权利或管辖权,除非条约明确放弃了该权利。
第二条
美利坚合众国和中国皇帝陛下相信,这将最好地促进商业的安全和繁荣,同意在中国领土范围内的贸易或航行方面的任何特权或豁免,这些特权或豁免可能没有规定 根据条约,应由中国政府酌情决定,并可以由中国政府进行相应的管理,但不得以与缔约方条约规定相抵触的方式或精神。
第三条
中国皇帝有权任命驻美国港口的领事,领事享有与英国和俄罗斯领事在美国根据公法和条约所享有的相同的特权和豁免,或 的任何一方。
第四条
1858年6月18日条约第二十九条规定,美国的基督教公民和皈依基督教的中国人免于因其信仰而在中国受到迫害,并进一步同意,美国的公民 各国应享有完全的良心自由,并应免除因其在任一国家的宗教信仰或崇拜而遭受的一切残疾或迫害。 埋葬死者的墓地,不论出生地或国籍,均应受到尊重,不得受到干扰或亵渎。
第五条
美利坚合众国和中国皇帝诚挚地承认人类固有的、不可剥夺的改变家园和效忠的权利,以及两国公民和臣民分别从一国到另一国自由迁徙和移居的共同利益 ,出于好奇、贸易或作为永久居民的目的。 因此,缔约方一致谴责出于这些目的而进行的任何非完全自愿的移民。 因此,他们同意通过法律,规定美国公民或中国公民携带中国公民前往美国或任何其他外国,或者中国公民或美国公民携带中国公民前往美国或任何其他国家,将构成刑事犯罪。 美国公民未经其自由和自愿同意前往中国或任何其他国家。
第六条
访问或居住在中国的美国公民在旅行或居住方面应享有与最惠国公民或国民相同的特权和豁免;同样地,访问或居住在美国的中国公民在旅行或居住方面应享有与最惠国公民或臣民相同的特权和豁免。 但本协议诸条款均不得理解为授予在中国的美国公民以中国国籍(confer naturalization),或授予在美国的中国臣民归化美国国籍。
第七条
美国公民应享有中国政府管辖下的公立教育机构的同等特权,同样,中国公民也应享有美国政府管辖下的公立教育机构的所有特权;这些权利应等同于最惠国的公民或臣民在各自国家享有的权利。 美国公民可以在中华帝国境内,在条约允许外国人居住的地方自由建立和维持学校,同样,中国臣民也可以在美国享有同样的特权和豁免权。
第八条
美国一向否认并劝阻一国对另一国事务或国内管理进行不必要的独裁和干预,特此明确表示美国自愿放弃任何干预中国国内铁路、电报或其他重大内部建设的行政管理的意图和权利。 另一方面,中国皇帝陛下保留自行决定在其领土内实施此类改进的时间、方式和情况的权利。 经双方谅解,双方同意,如果今后任何时候,皇帝陛下决定要在中华帝国境内开展具有上述特征的建设项目,并决定为此向美国或任何其他西方国家申请设施来执行该政策,在这种情况下,美国将指定并授权中国政府可以雇用合适的工程师,并将建议其他国家平等遵守此类申请,在这种情况下,中国政府保护这些工程师的人身和财产,并为其服务支付合理的报酬。
各位全权代表据此签署了本条约并加盖了纹章。
我们的主公元一千八六十八年七月二十八日订于华盛顿
威廉·苏厄德 [海豹] ANSON BURLINGAME CHIH-KANG [表意签名]
SUN CHIA-KU [表意签名]
Burlingame Treaty, 1868
PEACE, AMITY, AND COMMERCE
Treaty signed at Washington July 28, 1868 supplementing treaty of June 18, 1858 Senate advice and consent to ratification, with amendments, July 24, 1868
Ratified by the President of the United States October 19. 1868 Ratified by China November 23, 1869
Ratifications exchanged at Peking November 23, 1869 Entered into force November 23, 1869 Proclaimed by the President of the United States February 5, 1870
Provisions relating to immigration modified by treaty of November 17, 1880 All provisions continued in force by treaty of October 8. 1903 “except in so far as they are modified by the present Treaty or other treaties in which the United States is a party”
Superseded November 30, 1948, by treaty of November 4, 1946 16 Stat. 793; Treaty Series 48
ADDITIONAL ARTICLES TO THE TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE TA-TSING EMPIRE OF THE 18TH OF JUNE, 1858
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
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
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waters of that empire for the 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 lands 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 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 purposes of trade or commerce, that grant shall in no event be construed to divest the Chinese authorities of their right or jurisdiction over persons and property within said tract of land, except so far as that right may have been expressly relinquished by treaty.
ARTICLE II
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 been stipulated for by treaty, shall be subject to the discretion of the Chinese Government and may be regulated by it accordingly, but not in a manner or spirit incompatible with the treaty stipulations of the parties.
ARTICLE III
The Emperor of China shall have the right to appoint consuls at ports of the United States, who shall enjoy the same privileges and immunities as those which are enjoyed by public law and treaty in the United States by the consuls of Great Britain and Russia, or either of them.
ARTICLE IV
The twenty-ninth article of the treaty of the 18th of June, 1858, having stipulated for the exemption of Christian citizens of the United States and Chinese converts from persecution in China on account of their faith, it is further agreed that citizens of 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. Cemeteries for sepulture of the dead of whatever nativity or nationality shall be held in respect and free from disturbance or profanation.
ARTICLE 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 offence 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.
ARTICLE 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 residences 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.
ARTICLE VII
Citizens of the United States shall enjoy the same privileges of the public educational institutions under the control of the government of China, and reciprocally, Chinese subjects shall enjoy all the privileges of the public educational institutions under the control of the government of the United States, which are enjoyed in the respective countries by the citizens or subjects of the most favored nation. The citizens of the United States may freely establish and maintain schools within the Empire of China at those places where foreigners by treaty permitted to reside, and, reciprocally, the 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 his 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-eighth day of July, in the year of our Lord one thousand eight hundred and sixty-eight
WILLIAM SEWARD [SEAL] ANSON BURLINGAME CHIH-KANG [ideographic signature]
SUN CHIA-KU [ideographic signature]