The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1869-03-27
VETO OF THE CHINA BILL.
,uR TREATY srrpULAT1oNs WITH CHINA.


1t will be remembered that the Cover
nor, in his veto message, urged three OBJ
jections to the bill "To tax and regulate
Cinnamon, and prevent their employment
upon public works" The two first, re-
fcrring respectively to the constitutions
Of Oregon and the United States, have
already been answered the third, refer
ring to our treaty stipulations with Chi.
na, | propose now to discuss, it having
been heretofore purposely avoided.
La the veto this objection was rested
solely upon Articles 5 and in the Bur
lingame treaty. As mere reply to that
objection, it would be sufficient, as will
hereafter appear, to have compared brief.
y those Articles with the provisions of
the China bill. But the growing import
ance Of tho subject of our relations with
China and Cinnamon, aud tho cxtrava-
CANT claims made on their behalf, is
deemed sufficient reason for referring
to all tho treaties between the United
States and that country This, then, is
my proposition : That wc have no treaty
with China for reciprocal commerce or
navigation, nor any treaty with the pro-
visions Of which the China bill il in con
lict.
Our first treaty was made in China by
our Minister Caleb Cushing, bears date
July, 1874, and was ratified by tho Sen.
ate 81 December, l845, the preamble Of
which refers to it as u treaty Of "pcocc,
on,ity ard commerce." but what that
commerce was, and where it should be
carried on, is detcrminablc only by the
several articles defining the rules to gov.
ern the contracting parties.
The first article establishes peace aud
friendship. The second relates to a tariff
OF duties 10 be charged by China the
third opens five ports in China, and per-
mits citizens Of the United States to fre-
quent those ports, aud reside there with
their families. Article IT permits eiti-
Gems of the United States residing at the
open potts to obtain the necessary accom-
modationg, always consulting the feelings
Of the inhabitants as TO location. At the
place Of anchorage, citizens of the Uni
ted States may pass or rcpass in the i'm
mediate neighborhood, but not to make
excursions into the country among the
villages at large; nor resort to public
markets for the purpose Of disposing oi
goods Provision is also made for an cx-
act limit at each of the FIVE ports, beyond
which citizens of tho United States shall
not 20. The other articles are but rcgu-
lations in detail with reference to the
commerce at the five ports.
This treaty, as any ono must see, re-
lates solely to our commerce TN China,
confined within very narrow limits al
each port and is void of any provision
in form or substance, assimilating it 10
our national treaties for reciprocal com
merce, navigation and intercourse An.
other provision Of that treaty is, that il
should remain unaltered for twelve years
aud accordingly at the expiration of that
time, another was made.
| On the 18th of June. 1858, William
B. Reed, Envoy Extraordinary and Min.
lister Plenipotcntiary of the United States
made the second treaty with that Em.
pirc. It embodied substantially the pro
visions of the first, in the preamble pro
Tossing the object to be to "defne the
rules which should in future be mutually
observed in the intercourse of the re
spective countries"
AS usual, the first article establishe:
peace and friendship; the fourth pro
vides for ministerial correspondence The
fifth provides that the Minister may visi
the Capital not exceeding once year
having first requested and obtained per
mission but permission must not be re
quested on trivial occasions. The 12tl
article authorizes the hiring or rcntin:
houses at any of the open ports, anC
opens seven ports instead of five, unde
similar regulations as prescribed in th'
first treaty.
i Neither Of the treaties referred to
make the slightest allusion to concedinl
any rights to China within the Unitet
States. The commerce of the Unitet
States provided for by those treaties, 1
,oith China, Mt the seven orcn ports
} where our intercourse is, as has bee
shown, very restricted. Though China
men came to California in 1S4S aud 1849
to dig gold, it was under no treaty stipu
lations aud few persons knew, or care
to find out, whether they had any right
or not.
| In this way the matter Of Chimes
! rights stood until the Republican part
, camc into power, and sent Anson Bur
lingame as Minister to China. There h
! laid aside the American flag, abjured hi
allegiance to the United States, and swor
! allegiance to and became the subject {
! his Imperial Highness the Emperor {
] China All this was done for the pun
: pose Of making o treaty. But upo
which side he made that treaty, ma
some day be tho subject of grave consit
. Grafton between tho two governments.
Well, a treaty was made known as tn
Q Burlingame treaty, and with its proyl
t ions tho Governor of Oregon claims th
i. China-bill is in conflict, He sets fort
: his objections as follows:
' I'm that treaty you will find the follow
q ing language Art. 5. The right
emigration from one country to another
recognized. Laws shall be passed
q each Furnishing the transfer from eitht
$ country to the other of any persons witt
d out their consent
i ART. G. The inhabitants of eac
country shall enjoy in the other all tt
rights of travel, and residence accorde
f to the most favored citizens or subjec
r Of any other State. But nothing herei
e contained shall be held to confer natura
J. ization pom the citizens of the Unite
2 States in China nor upon the subjects
China in the United States"