Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1879-03-06


Chinese already in 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 in the
country of the other are secured the
same privileges, immunities or exemp-
tons there enjoyed by the citizens or
subjects of the most favored nations.
The treaty of 1853, to which these ar
ticles are made supplemental provides
for great amount of privilege and
protection both of the persons and
property of American citizens in
China. But i. is upon the sixth article
that the main body of the treaty
rights and securities
OF THE CHINESE ALREADY IN THIS
| COUNTRY DEPEND.
Its abrogotion, were the rest of the
treaty left in force, would leave them
to such treatment as we should volnn.
tarily sccord 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 negotiations of the Burling-
anne treaty has exhibited to the notice
OF the Chinese Government, as we'll as
to our own people, the working of
this experiment of immigration in
| great numbers of Chinese laborers to
this country, and their maintenance
here of all traits of race, religion, IMAM
ners and customs, habitatIon, mode of
life, segregation here. and the keeping
up of the ties of their original home,
which stamps them as strangers and
sojourners, and not as incorporated
elements OF our national life and
| growth.
This experience may naturally sug-
gest reconsideration of the subject
as dealt with by the Barlingame
treaty, and may properly become the
occasion of more direct and circum.
spect recognition in renewed negotia.
tons of the difficulties surrounding
this political and social problem. 1t
may we'll be that, to the apprehension
of the Chinese Government no less
than our own, the simple provisions
of the Burlingame treaty may need to
be replaced by more careful methods,
securing the Chinese and ourselves
against larger and more rapid in
fusion OF this foreign race than our
system of industry and society can
take up ana assimilate with ease and
safety. This ancient government,rul-
ing polite and sensitive people, dis
tinguished by high sense of national
pride, may properly desire the adjust
ment of their relations, without which
would in all things confirm and in no
degree endanger the permanent peace,
and and amity, and growing COM
merce, and prosperity, which it has
been the object and effect of our exist
ing treaties to cherish and perpetu-
ate.
regard the very grave discontents
of the people of the Pacific States
with the present working of the Chi
nese immigration, and their still
graver apprehensions therefrom in the
future, as deserving the most serious
attention of the people of the whole
country, aud solicitous interest on
the part of Congress and the Execu-
tive. If this were not my own iudg-
ment the passage of this bill by both
Honses of Congress would impress
upon me the seriousness of the situa.
ton, when majority of the represent
tatives of the people of the whole
country had thought it necessary to
justify so serious a measure of relief.
THE AUTHORITY OF CONGRESS TO TER.
INMATE A TREATY
with foreign power by expressing
the will OF the nation no longer to adj.
here to it is as free from controversy
under our Constitution as is the further
proposition that the power OF making
new treaties or modifying existing
treaties is not lodged by the Consti.
ton in Congress, but in the President
by and with the adviceand consent of
the Senate, as shown by the occur
renee of two thirds of that BODY. A
denunclatlon Of treaty is confessedly
justifiable only upon some reason,
both of the highest justice and of the
highest necessity. The action of
Congress in the matter of the French
treaties 10 l79s, if it be regarded as
an abrogation by this nation of the
subsisting treaty, strongly illustrates
the character and degree of justifca.
ton which was then thought suitable
to such proceeding. The preamble |
OF the act recites tina: "the treaties
concluded between the United States
and France have been repeatedly VIC.
lated on the part of the French Gov.
eminent, and just claims of the United |
States for the reparation of injuries so
committed have been refused, and
their attempts to negotiate the AMIGA
BILE adjustment of all claims between
the two nations have been repelled !
with indignity," and that "under the
authority of the French Government
there is get pursued against the Uni.
ted States system of predatory vic
lence infracting said treaties, and
hostile to the rights of free and in
dependent nation"
The enactment, as a logical conse.
quence of these recited facts, declares
athat the United States are of RIGHT
freed and exonerated from the stiDu.
lation of treaties of the Consular Con.
vention 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 citizens of the
United States" |,
The history of the government
shows no other instance Of the abro.
CATION of treaty by Congress. In.
stances have sometimes occurred
where the ordinary legislation of Con.
gress has, by its conflict with some
treaty obligations OF the government
toward foreign powers, taken effect as
an infraction of a treaty, and been
generally declared to be operative to