Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-10-22
Our Relations with China.

The San Francisco Herald of the 21st September
says:
California will probably be the first country to feel
the effect of the increased commerce which is to be
red on by virtue of the treaty just concluded Our ge
ographical position puts in comparatively close prox
unity to the additional ports opened to the trade of the
world. The order of things is of the highest i'm
portance to this State and far material interests
are concerned not much inferior to the establishment of
overland mail routes across the continent We may
reasonably expect that considerable of the trade in the
valuable articles in which the Chinese markets abound,
Will be finally sent to the Atlantic via San Francisco.
Steamship lines in of time, will be required by
the interests of commerce. and the traffic in freight and
passengers would make them highly remunerative
project to establish line of steamships between San
Francisco and Shanghae has engaged the attention of
Congress for several years. The improved condition of
our relations with Chna-thC protection guaranteed to
christians in every part of the Empire and presence
hereafter of our countmen and Europeans at the var
ports will be motives at the next session to provide
Tor the inauguration of steam communication between
the two countries
There is another question involved in the treaty that
concerns California and its legislation affecting Chinese
We have only brief outline of the treaty made by
our Commissioner Mr. Reed, and are, therefore, un-
able to say whether it contains any provisions granting
to the natives OF China the right of visiting and protec
tiOn in the United States It is usual when one coun-
try coners privileges the citizens of another that the
favor is reciprocrated and the Chinese statesmen
not Ignorant OF the customs of civilized nations in that
respect. 1t is reasonable to assume that some such
clause IS contained In the treaty If this should prove
true it is doubtful if our statute which goes into opera
ton on the first of next month"; restricting the mmgra
tlon OF Chinese, will be operative. 1t has been decided
by the Supreme Court of the United States and by
highest tribunal that individual States have no power
to impose taxes upon alien passengers The authority
with Congress in whom is vested by the Constitution
the right to regulate commerce
The States can enforce no law in violation of any
treaty with China but it is question if treaties are
not negotiated subject to existing laws in civilized
tries However, it is condition Of international law
that all foreigners admitted into countries on con-
don of obeying their laws. Except to guard against
disease and paupers the municipal power of the State
cannot prohibit the introduction OF foreigners and
suppose like ground will be taken in conesting the
dity of the act passed by the last Legislature. But
this may not be necessary the treaty guarantees to
the natives o China protection in our country 1t was
approved by the Emperor Immediately, and though a
year is allowed the United States for its final ratca
tion there every reason to believe it will be promptly
sanctioned by our Government. When the treaty is
finally ratified and published, think the law to pre-
vent their further immigration into California must give
way if such stipulation have referred to is i'll
| cluded in its provisions