These principles were poignantly embedded in the Burlingame Treaty of 1868.
While they both agreed with the principal features of the policy which the United States and western powers pursued toward the Qing Empire, Burlingame displayed extraordinary skills in drafting eight additional articles, which supplemented the 1858 Treaty of Tientsin to form the Burlingame Treaty, also known as the Seward-Burlingame Treaty.
(1.) Chinese Exclusion was enacted within the context of the federal government having made two major policy changes in 1868, formally declaring "the inherent and inalienable right of man to change his home and allegiance" in the Burlingame Treaty
with China, and, as part of post-Civil War Reconstruction work, ratifying the 14th Amendment to the Constitution, to affirm "due process" and "equal protection under the law" for all persons.
In passing the Exclusion Act, Congress rejected the spirit behind the 1868 Burlingame Treaty with China that declared a person had an "inherent and unalienable right to change his home and allegiance." Instead, the act reflected the terms of a new treaty--the Angell Treaty--that the U.S.
Lacking political power, Chinese found that the Burlingame Treaty of 1868, which guaranteed Chinese residents "the same privileges, immunities, and exemptions" extended to natives of other countries, and the Fourteenth Amendment, which prohibited states from denying any person due process or equal protection of the laws, to be potent weapons in the federal courts.
In the middle of the book, Kingston inserts this chapter that recounts Chinese American history from the 1868 Burlingame Treaty that announces the right to citizenship for Chinese immigrants to the 1978 restrictions on the global immigration quota to the US.
ARTCILE V OF THE BURLINGAME TREATY, SIGNED IN WAHSINGTON, D.C., JULY 28, 1868, AND IN PEKING, NOVEMBER 23, 1969.
Hayes vetoed the bill on May 11 on the grounds that it violated the Burlingame Treaty
of 1868, which established free immigration between the two countries.