The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and his allegiance, and also the mutual advantages of the free migration and immigration of their citizens and subjects respectively from the one country to the other for purposes of curiosity, trade, or as permanent residents. The high contracting parties, therefore, join in reprobating any other than an entirely voluntary immigration for these purposes. They consequently agree to pass laws making it a penal offense for a citizen of the United States or a Chinese subject to take Chinese subjects either to the United States or to any other foreign country, or for a Chinese subject or a citizen of the United States to take citizens of the United States to China or any other foreign country without their free and voluntary consent respectively.

Article 5 aims at two objects, viz.: The spreading of the naturalization doctrine (Mr. Seward could not give his assent to a treaty which did not have that in it) and the breaking up of the infamous Coolie trade. It is popularly believed that the Emperor of China sells Coolies himself, by the shipload, and even at retail, but such is not the case. He is known to be exceedingly anxious to destroy the Coolie trade. The “voluntary” emigration of Chinamen to California already amounts to a thousand a month, and this treaty will greatly increase it. It will not only increase it, but will bring over a better class of Chinamen-men of means, character, and standing in their own country. The present Chinese immigration, however, is the best class of people—in some respects, though not in all—that comes to us from foreign lands. They are the best railroad hands we have by far. They are the most faithful, the most temperate, the most peaceable, the most industrious. The Pacific Railroad Company employs them almost exclusively, and by thousands. When a chicken roost or a sluice-box is robbed in California, some Chinaman is almost sure to suffer for it—yet these dreadful people are trusted in the most reckless manner by the railroad people. The Chinese railroad hands go down in numbers to Sacramento and often spend their last cent. Then they simply go to the Superintendent, state their case, write their names on a card, together with a promise to refund out of the first wages coming to them, and with no other security than this, railroad tickets are sold to them on credit. Mr. Crocker and his subordinates have done this time and again, and have yet to lose the first cent by it. In the towns and cities the Chinamen are cooks, chambermaids, washerwomen, nurses, merchants, butchers, gardeners, interpreters in banks and business houses, etc. They are willing to do anything that will afford them a living.