River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1879-03-06

not as incorporated elements of our national
life and growth. This experience may natur-
ally suggest reconsideration of the subject as
dealt with by the Burlingame treaty and may |
properly become the occasion. |
A more direct and circumspect recognition |
in renewed negotiations of the difficulties sur
rounding this political and social problem may
well suggest themselves to the Chinese govern
ment no less than own. The simple pro-
visions of the Burlingame treaty may need be
replaced in more careful methods securing the
Chinese and ourselves against larger and more
rapid infusion of this foreign race than our sys-
tenn of industry and society can take up and
assimilate with ease and safety.
This ancient government ruling polite and
sensitive people, distinguished by a high sense
of natural pride, may properly desire adjust
ment of their relations with us which would IN
all things conform and in no degree endanger
permanent peace and amity, and the growing
commerce and tity which 1t has been the
object and effect of our existing treaties, 10
cherish and perpetuate.
A denunciation of treaty by any govern
ment is confessedly justifable only on some
reason, both of the highest justice and of the
highest necessity. The action of Congress IN
the matter of the French treaties in 1888 if II
be regarded as an abrogation by this nation OF
the subsisting treaty, STRANGELY illustrates the
character and degree of the Justification which
was then thought suitable to such proceedings.
The preamble of the act recites that the treat
les concluded between the United States and
France have been repeatedly violated on the
part of the French government and just claims
of the United States for reparation of injuries
so committed have been refused, and their at
tempts to negotiate amicable djustmont of
all complaints between the two nations have
been repealed with indignity, and that under
authority of the French government there Is
yet pursued against the United States sys-
| tenn of predatory violence, infracting said
| treaties and hostile TO the rights of free and
| independent nation.
The enactment, as a logical consequence of
these rected facts, declares that the United
States are of l;ght freed and exonerated from
| the stipulations of the treaties of the consular
| convention here ofore concluded between the
| United States and France, and that the same
| shall not henceforth be regarded as legally OBJ
| hgatory on the government or citizens OF the
| United States.
! The history of the government shows no
| other instance of the abrogation of treaty by
| Congress. Instances have sometimes occurred
| where the ordinary legislation of Congress has
bv its conflict with some treaty obligations of
| the government toward foreign power, taken
effect as an infraction of the treaty, been gen.
orally declared to be operative to that result,
but neither such legislation nor such judicia
sanction of the same has been regarded as an
abrogation even for the moment of the treaty.
On the contrary, the treaty in such cases still
subsists between the governments and casual
infraction is repaired by appropriate satisfac-
tion in maintenance of the treaty.
The importance, however, of this special
consideration seems superseded by the prin-
ciple that denunciation of part of the treaty,
not made by the treaty itself separable from
the rest, is denunciation of the whole treaty.
As the other high contracting party has enter
ed into no treaty obligations except such as in
clude the part denounced the denunciatlon OF
no party of the part necessarily hberates the
other party from the whole treaty.
| The bill before me does not enjoin upon the
President the abrogation of the entire Bur
lingame treaty, much less OF the principal
treaty, of which it is made supplement. As
the power of modifying existing treaty,
whether by addition or striking out provls-
ions, is a part of the treatY-making power UNI
der the constitution, its exercise Is not compe-
tent for Congress, nor would the assent OF Chi
ma to this partial abrogation of the treaty make
the action of Congress in thus procuring an
amendment of the treaty be competent ex-
ercise of authority under the constitution.
am convinced that whatever urgency might
in any quarter or by any interest be supposed
to require the instant suppression of further
immigration from China, no reason can require
the immediate withdrawal of and treaty pro-
lection of Chinese already in this countrv, and
no circumstances can tolerate an exposure of
our citizens in China, merchants OF mission
aries to the consequences of so sudden an abro-
CATION of their treaty protection.
The very grave discomfort of the people of
the Pacific States with the present working of
| Chinese immigration, and their still graver APP
prehensions therefrom in the future, is deserv-
ing the most serious attention of the people o.
the whole country, and the sollcitous 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 Congress would
| impress on me the seriousness of the situation.
When the majority of the representatives of
the people of the whole country had thought it
necessary to Justify serious measure of re-
lief the authority of Congress to terminate a
treaty with foreign power, by expressing the
will of a nation no longer to adhere to 1t, is as
free from controversy under our constitution as
the further proposition that the power of max
ing new treaties, modifying existing treaties,
| is not lodged by the constitution in Congress,
but in the President, by and with the consent
of the Senate, as shown by the concurrence of
two-thirds of that body.
| Fortunately, however, the actual recession in
the flow of immigration from China to the
Pacific coast shown by trustworthy statistics,
relieves from any apprehension that treat
ment of the subject in the proper course of
diplomatic negotiations will introduce any
| feature of discomfort or disturbance among the
| communities directly affected.
| Were such delay fraught with more iucon-
veniences than have ever been suggested by
the most earnest in promoting this legislation
l cannot but regard the summary disturbances
of our existing treaties witt China as greatly
more inconyenient to the much wider and more
| permanent interests of the country.
| have no occasion to insist upon the more
| general considerations of the interest and duty,
which sacredly guard the faith of the nation in
whatever form of obligation it may have been
| given. These sentiments animate the deliber-
! ations of Congress and pervade the
| minds of our whole people. Our
! history gives little occasion for any
| reproach in this regard, and in asking the re-
newed attention of Congress to this bill, am
| persuaded their action Will maintain public
duty and public honor. (Signed)
| r. B. HAYES.
| Executive Mansion, March l, 1879.