River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1879-03-06
The Presidents Message Vet0ing the
Chinese Immigration Bill.

vetoing the bill to restrict
Chinese immigration;
To THF HOUSE OF REPRESENTATIVES,: After
very careful consideration of House bill
2 433 entitled An act to restrict immigration
of Chinese to the United States" l herewith
return it to the House of Representatives, IN
which it original ID. with my objections to its
passage. The bill as IL was sent to the Senate
from the House of Representatives, was con-
fined in its prov isions to the object named IN
its title which that of IAN act to restrict the
immigration of Chinese TO the United States"
The only means adopted to secure the proposed
object was limitation III the way of the number
of Chinese passengers which might be brought
to this country by any one vessel to htteen,
and as this number was not fixed in any pro-
portion to the size or tonnage of the vessel, or
by any consideration of safety or accommoda-
ton of these passengers, the simple purpose
and effect of the enactment was to repress this
immigration to an extent falling bat little
short of its absolute exclusion.
The bill as amended IN the Senate, and now
presented to me, includes independent and
additional provision, which aims at and IN
terms requires the abrogatlon by the govern
ment of articles five and six of the treaty with
China, commonly called the Burlingame
treaty. ofwhich ratification was exchanged at
Picking, Nov. %, 1863.
This act recites as the occasion and motive of
its negotiation by the two governments, that
since the conclusion of the treaty between the
United States of America and Ia Using, empire
of China, of 18th of June, 1885, circumstances
have arisen showing the necessity of additional
articles thereto, and proceeds to an agreement
rs to such additional articles. These negotla-
tions, therefore, ending by signature of addi-
tional articles, July 49, 1868, had for their OBJ
iect the completion of our treaty rights and
obligations towards the government of China
by the incorporation of these new articles as
thenceforth parts of the principal treaty, to
which they are made supplemental upon set
tied rules of Interpretation applicable to such
supplemental negotiations.
The text of the principal treaty and of these
additional articles thereto, constitute one
treaty, from the conclusion of the new negotia-
tions IN all parts of equal and current force and
obligation between the two governments, and
to all interests and purposeses as If embraced
in one instrument.
The principal treaty of which Publications
was exchanged August It, 1859, recltes that
1.-THE United States of America and the Using
Empire, desiring to maintain firm, lasting
and sincere friendship, have resolved to renew
in manner clear and positive by means of a
treaty or general convention of peace, amity
and commerce. the rules which shall in future
be mutually observed in the intercourse of
their respective countries, and proceeds in its
30th article to lay out a careful and comprehen-
siye system for commercial relations of our
people with China.
The main substance of all provisions of this
treaty is to define and secure the rights of our
people in respect of access to, residence and
protection in and trade with China. The
actual provisions i'll our favor i'll those respects
were framed to be and have been found ade-
quate and appropriate to the interest of our
commerce. and By the concluding article we re-
ceive the important guaranty that should at
any time the Ia Using empire grant to any ma
| ton, or merchant citizens of any nation, any
right privilege or favor connected either with
navigation, commerce. political or other inter-
course which is not conferred by this treaty,
such right, privilege and favor shall at once
freely iuure to the benefit of the United States,
| its public officers, merchants and citizens
| Against this body of populations in our
| favor, and this permanent engagement of
equality in respect of all future concessions to
| foreign nations, the general promise of per
mauent peace and good offices on our part,
seems to be the only equivalent, for this the
| first article, undertakes as follows; There
shall be, as there always have been, peace and
| friendship between the United States of
| America and the Ia Using empire and between
their people respectively. They shall not in
suit or oppose each other for any triting cause
to produce enlargement between them,
and if any other nation should act unjustly or
oppressively, the United States will exert their
good Offices on being informed of the case, to
bring about an amicable arrangement of the
question, thus showing their friendly feelings"
At the date of the negotiation of this treaty
our Pacific possessions had attracted considera-
BILE chance immigration, and the advantages
and inconvenience felt or feared therefrom had
become more or less manifest but they dictated
no stipulation on the subject to be incorporated
in the treaty. The year 1868 was marked by
the striking event of spontaneous embassy
from the Chinese empire headed by an Ameri-
can citizen, Arson Burlingame, who had relin-
quished his diplomatic representation of his
own country in China to assume that of the
Chinese empire in the United States, and Eu-
ropean nations. By this time the facts of Chi
nese immig ratiOn, and It's nature and influence,
present and prospective, had become more
noticeable and were more observed by the popu-
lation Immediately affected, and by the govern
ment.
The principal feature of the Burlingame
treaty was its attention to and its treatment of
Chinese immigration, and the Chinese as form
ing, or as they should form, part of our popu-
lation. Up to this time our uncovenanted hos
pitalty to emigration, our fearless liberty of
citizenship, our equal and comprehensive JUS
tice to all inhabitants, whether they abjured
foreign nationality not, our civil freedom
and our religious liberation, had made al COM
ers welcome, and under these projections the
Chinese in considerable numbers had made
their Judgment upon our soil.
The Burlingame treat undertakes to deal
with this situation and its fifth and sixth arti-
cles, embrace its most important provisions in
this regard, and the main stipulations in which
the Chinese government has secured an obhga-
tory protection of its subjects within our terri
tory. They read as follows:
Article Fige-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 free emigration and i'm
migration of their citizens and subjects re-
spectively, from one country to the other for
the purpose of curiosity or trade, or perma-
nent residents. The high contracting parties,
therefore, join in Reproduction of any other than
entirely voluntary emigration for these pur-
poses. They consequently agree to pass laws
making it a penal offense for citizens of the
United States, or Chinese subjects, to take
Chinese subjects either to the United States or
TO any other foreign country, or for 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 respectfully.
Article siX-Cltizens of the United States visit
ing or residing in China shall enjoy same priv
ileges, immuuites or exemptions in regard 10
travel or residence may there be engaged by
citizens subjects of the most favored nation,
aud re ciprocqlly, Chinese subjects visiting
residing in the United States shall enjoy the
same privileges, immunitie and exemptions
in respect to residence travel as may there
be enjoyed by citizens subjects of the most
favored nation. But nothing herein contained
shall be held to confer naturalization upon
citizens of the United States in China, or of
An examination of these two articles in the
light of experience, then influential in suggest
ing their necessity, will show that the fifth ar
ticle was framed in hostility to what seemed
the principal necessity TO be guarded against,
to-wit: the introduction of Chinese laborers by
methods which should have character of fa-
vored servile importation and not of voluntary
emigration of free men seeking our shores on
motives and in manner consistent with the
system of our instructions approved by the ex-
Derience of the nation.
The first clause of this article secures this ac-
ceptance by China of American doctrines and
free migration to and fro among the peoples
and races of the earth. The second clause
however, in its Reproduction of ANY other than
entirely voluntary migration" by both the
high contracting parties and in reciprocal OBJ
legations whereby we secure the solemn and
unqualified engagement on the part of the gov
eminent of China, to pass laws making it a
penal offense for citizens of the United States,
or Chinese subjects, to take Chinese subjects to
the United States or to any other foreign conn
try, without their free and voluntary consent,
constitutes the great fierce and value of this
article. Its importance, both in principle and
in its practical service towards our protection
against servile importation in the guise OF i'm
migration. cannot be overestimated. 1t com
mands the Chinese government to take active
and efficient measures to suppress this iniqui-
Gus system where those measures are most
4 ecessary and can be most effectual.
Therefore, if the fifth article falls short of
what the pressure of the later experience of
our Pacific Sta es may urge upon the attention
of this government as essential to the public
welfare il to be in the right direction, and
L. Il.