The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1879-03-07


arts and industries our manufactures, our ma
terial improvements, and the sentiments Of
government and religion, which seem 10 us 30
important to the welfare of mankind. The first
clause of this article secures this acceptance 10y
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
ly voluntary emigration by both tho nigh
contracting parties and in tho reciprocal OBJ
legations whereby We secured the solemn and
unqualified engagement on the part OF the
Government OF China, TO pass laws making it
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 bc ovcrestimatcd. II COM
mits the Chinese Government to active and
efficient measures to suppress this Ubiquitous
system where those measures are most necos-
sary and can be most cffectual 1t gives To the
Government n footing OF treaty right to such
measures and means, and opportunity of insist
ing upon their adoption, and or complaint and
resentment at their neglect
The fifth article, therefore, IL IL 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
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 Burlingamo treaty
was the adequate protection under solemn and
definite guarantees of the treaty of Chinese al
ready i'll 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, immnnites, 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 for groatamou
OF privilege and protection both OF the persons
and property of American citizens in 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 neSo-
| tiation of the Buringame treaty has exhibited
TO the notice of the Chinese Government, as
well as 10 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
| as strangers and sOJourners, and not as lncor-
porated elements of 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 circum-
spect recognition in renewed negotiations of
the difficulties surrounding this political and
sOcial problem. 1t NAV well be that to the
| apprehension Of the Chinese Government no
| less than our own, the simple provisions Of the
Burlingame treaty may need 10 lie replaced by
more careful methods, securing tho Chinese
and ourselves against larger and more rapid
infusion of this foreign race than our system of
industry and society can take up and assm-
late with ease and safety. This ancient Gov
eminent, ruling polite and sensitive people,
distinguished bya high sense of national pride,
may properly desire the adjustment Of their
| relations, without which would in ali things
confirm and in no degree endanger the per-
manent peace, and amity, and growing COM
merce, aud prosperity, which it has been the
object and effect of oW existing treaties to
cherish and perpetuate.
l regard the very grave dscontents of the
people of the Pacific States with the present
working of the Chinese immigration, and their
still graver apprehensions therefrom in the flu
| ture, as deserving the most serious attention OF
the people of the whole country, and solicit
Executive. If this were not my own judgment
the passage Of this bin by both houses of Con-
| gress would impress upon me the seriousness
OF the situation, when majority OF the repre-
sentatives of the people of the whole country
had thought it necessary to justify 80 serious
| mt asure 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
free from controversy under our constitution
~ fl,xf .xr tI.a.,x
making new treaties or modifying existing
treaties IL 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.
| pronunciation of a treaty by any Government
is confessedly justifiable 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
l1S, II 1t be regarded as III abrogation by this
nation OF the subsishng treaty, strongly
illustrates the character and degree Of jusiitica-
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 OF the United States for
the reparaton of injuries so committed have
been refused, and their attempts to negotiate
the amicable adjustment OF ali complaints
between the two nations have been repeled
with indsn ty," 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 free and indie
pendent nation"
The enactment az 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 hencoforth 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-
flict with some treaty obligations of the Govern
ment toward foreign powers, taken effect as an
infraction of a treaty, and been generally do
clared to be operative to that result But
neither such Legislation nor such judicial sane
ton Of the same has been regarded as an abro-
CATION, even for the moment, of the treaty. On
the contrary, the treaty, in such cases. stil sub
ssts between the Governments and the casual
infraction is repaired by appropriate satisfao-
ton in the maintenance Of the treaty
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