The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-03-06
of China to these liberal principles of freedom

opening that empire to our civilization |
and religion, and gave promise in the future Of
greater and greater practical results in the diff
fusion throughout that great population of our
arts and industries, our manufactures, our ma
terial improvements and the sentiments of
government and religion, which seem to lis so
important to the welfare of mankind. The first
clause of this article secures this acceptance by
China of the American doctrines of free emf
grafton to and from among the peoples and
races of the earth. The second clause, however
in its reprobation of @any other than an entire
" voluntary emigration" by both the high
contracting parties, and in the reciprocal OBJ
legations whereby we secured the solemn and
unqualified engagement on the part of the
Government of China, to pass laws making it a
penal offense for citizen of the United States
or Chinese subjects to take Chinese subjects
either to the United States or to any other for
eign country without their free and voluntary
consent constitutes the great force and value
of this article. Its Importance both in principle
and in its political service toward our protec-
ton against servile importation in the guise of
immigration cannot be overestimated. 1t COM
mits the Chinese Government to active and
efficient measures to suppress this Ubiquitous
system where those measures arc most neccs-
sary and can be most effectual 1t gives to the
Government footing of treaty right to such
measures and means, and opportunity of insist
ing upon their adoption and Of complaint and
resentment at their neglect
The, fifth article, therefore, if it fall short Of
what the pressure of later experience Of our
Pacific States may urge upon the attention of
this Government as essential to public welfare,
seems to be in the right direction, and to con
tain important advantages which, once relin-
pushed, cannot be easily recovered
The second topic which interested the two
Governments under the actual conditions of
things which prompted the Burlingame treaty
was the adequate protection under solemn and
definite guarantees of the treaty of Chinese al
ready III this country and those who should
seek our shores. This was the object and
forms the subject of the sixth article by whose
reciprocal engagement the citizens and subjects
OF the two Governments respectively visiting or
residing i'll the country of the other are secured
the same privileges immunites, or exemptions
there enjoyed by the citizens or subjects of the
most favored nations.
The treaty of 1858, to which these articles are
made supplemental, provides fora great amount
OF privilege and protection both OF the persons
and property of American citizens i'll China
But 1t is upon the sixth article that the main
body of the treaty rights and securities of the
Chinese already in this country depend. Its
abrogation, were the rest of the treaty left in
force, wonld leave them to such treatment
as we should voluntarily accord them by our
laws and customs. Any treaty obligation would
be wanting to restrain our liberty of action
toward them, or measure Or sustain the right of
the Chinese Government to redress in their
behalf. The lapse OF ten years since the nego-
tlatlon of the Burlingame treaty has exhibited
to the notice of the Chinese Government, as
well as to our own people, the working of this
ex pertinent of immigration in great numbers of
Chinese laborers to this country and their
maintenance here of all traits of race, religion
manners and customs, habitation, mode of life,
segregation here, and the keeping up of the
ties OF their original home, which stamp them
q q Sf1ay1 rdIoo r,I o.,I
| porated elements of our national life and
| growth. This experience may naturally suggest
reconsideration Of the subject as dealt with
| by the Burlingame treaty, and may properly be-
come the occasion or more direct and circuni-
spect recognition in renewed negotiations of
| the difficulties surrounding this political and
| social problem 1t may well be that, to the
apprehension of the Chinese Government no
less than our own, the simple provisions of the
| Burllngame treaty may need to be replaced by
more careful methods, securing the Chinese
| and ourselves against larger and more rapid
infusion Of this foreign race than our system of
industry and society can take up and assimi-
late with ease and safety. This ancient Gov
eminent, ruling polite and sensitive people,
distinguished by a high sense of national pride,
may properly desire the adjustment of their
relations, without which would in all things
confirm and in no degree endanger the per
manent peace, and amlty, and growing COM
| object and effect of OW existing treaties to
cherish and perpetuate.
| [ regard the very grave discontents of the
people of the Pacific States with the present
working Of the Chinese immigration, and their
still graver apprehensions therefrom in the fu-
| ture, as deserving the most serious attention of
the people of the whole country, and solicit
GUS interest on the part of Congress and the
Executive. If this were not my own Judgment
the passage of this bill by both houses of Con-
gress would impress upon me the seriousness
OF the situation, when majority OF the repre-
sentatlves of the people of the whole country
had thought it necessary to justify SO serious
measure of relief.
The authority of Congress to terminate
treaty with foreign power by expressing the
WILL OF the nation no longer to adhere to it is as
Tree IRON controversy under our constitution
as IS the further proposition that the power Of
making new treaties Or modifying existing
treanes Is not lodged by the constitution in
Congress, but in the President by and with the
ADVICE and consent of the Senate as shown by
the concurrence of two-thirds of that body A
remuneration Of a treaty by any Government
Is confessedly Unsuitable only upon some
reason, both of the highest Justice and of
the highest necessity The action of Con-
gress IN the matter of the French treaties in
l'9o, II 1t be regarded as All abrogation by this
nauon OF the subsishng treaty, strongly
illustrates the character and degree of justifica-
ton which was then thought suitable to such
proceeding. The preamble of the act recites
that The treaties concluded between the
United States and France have been repeatedly
violated on the part of the French Govern
ment, and just claims ofSthe United States for
the PREPARATION OF injuries SO committed have
been refused, and their attempts to negotiate
the amicable adjustment of ali complaints
between the two nations have been repealed
with indignfty," and that, under the authority
of the French Government, there is yet pur-
sued against the United States system of
predatory. violence infracting said treaties,
and hostile to the rights of a free and indie
pendent nation" .-
The enactment as a logical consequence Of
these recited facts declares +" that the United
States are of right freed and exonerated from
the stipulations Of treaties of the Consular
Convention heretofore concluded between the
United States and France, and that the same
shall not henceforth be regarded as legally
obligatory on the Government or the citi-
zens Of the United States" The history of the
Government shows no other instance of the
abrogation of treaty by Congress. In
stances have sometimes occurred where the
ordinary legislation of Congress has. by it's con-