American citizen. [volume] (Canton, Miss.) 1864-1890, 1879-03-15
AN EXECUTIVE VETO.



After very careful consideration of House
bill 2.4s3, entitled Gan act to restrict the i'm
miyratioIrof Chinese to the United Stgtes,'
herewith retufn it to the House of Represent
; atiye IN whish It orifinated With my obee
tives. wassconf1ned in its provisions to the
| object named in its title, which is that of Gan
the United1etates." The only means adopted
to ssaur. the proposed object was limitation
might be brought to this corntrS by any one
vessel TO 15 and as this humber was not fixed
in any proportion to the size or tonnage OF
or accommodation "f these passengers, the
simple purpose and effect OF tie enactment
were to repress this immigration to an extent
falling but little short of it's absolute ex-
ciusinn The bill as amended in the
cludes an independents and ndAtttonal pro
vision, which aims at and in terms re. ,u-ssS
the % by 5y tins t Gb1n OF
monty-called the Burlngame Treaty, through
the action Of the Executive, enioined by this
provision OF the act. The Buriingame Treaty,
of which Publications were exchanged at Pc
king November -, 1855 recites. rs occasions
AND Tss OF t is tic " the two
the treaty between theCnited States of Amer
lea and tle Ia Tsin Empire, China, of sth of
June, 1855, circumstances have arisen show
ing the necessity of additional articles there
to, and proceeds to an agreement to said
therefore, ending by the signature of addi-
tiona1 articles July %, 1868, had for their OBJ
1ect the completion OF our treaty rights and
obligations toward the Government of China
by the incorporation of these new articles rs
thenceforth parts of the principal treaty to
tied rules of interpretation applicable to such
supplemental negotiations. The text of the
principal treaty and OF these additional arti-
Giles thereto constitute one treaty from the
conclusion of rev negotiations i'll all parts of
edual and concurrent force and obligation
between two Governments, and, to all iDtentS
and purposes. as ii embraced in one 1nstru-
ment. f+-t r Ht5 --.1fs. -fI
:
sions of the original treaty. the President
says: The principal feature of the Burlin-
~ Ghness mmiRraston and and t he,
Chinese, as oir1iifis; Or az thes should form,
part OF our population; Up to this time Suc
our fearless liberty of citizenship. our equal
and comprehensive Justice to all Inhabitants,
whether they :,bjurcd foreign nationality or
not, our civil freedom and our religious .Cl-
Grafton. had made all Corners welcome, and
under these projections Chinese in consider
able numbers had made their lodgment upon
our soil. The Burlingame Treaty undertakes
to deal with this situation, and its fifth and
sixth articles embrace its most important
provisions in this regard and the Hiatn stipu
lations in which the Chinese Government has
secured an obligatory protection OF Its sub
jects within our territory.
An examination of these two articles In the
light of experience then influential in sug-
costing their ''necessity," will show that the
fifth article was framed in hostility to what
seemed to be the principal mischief to be
guarded against, tO-wit: the introduction of
Chinese laborers by methods which should
have the character of forced and servile i'm
portation, and not OF voluntary emigration
of freemen seeking our shores upon motives
and in manner consonant with the system of
our instruction and approved by the expert
ence of the nation. The first clause of this
article secures this acceptance by China of
American doctrines of free migration to and
fro among the people and races of the earth.
The second clause, however, is a Reproduction
of 'any other than an entirely voluntary
ia by 6oth
received the solemn and unqualified en-
gagemept on the part OF the Governments
of Chifia" to pass laws hiaking 1t q penal of
Tense for the citizens of the United States or
Chinese subjects to take Chinese subjects
either to the United States or to any other
foreign country without their free and voIun-
tary consent, constitutes the great force value
of this article. Its Importance, both in prin-
cipl6 and its practical service towards our
protection against servile Importation, can
not be overestimated. 1t commits the
measures to suppress this Ubiquitous system
where those measures are most effectual. 1t
gives to the Government footing OF treaty
opportunity of insisting ui'on theit adoption
and of complaint and resentment NJ Their
neglect. The fifth article, therefore, If it fall
short of what the pressure of the later
perience of our Pacific States may urge upon
the attention of this Government as essential
to the public welfare, seems to be in the right
direction, and to contain important adva1ita-
ses, which, once Telinduished, can not be
easily recovered.
The second topic, which interested the two
Governments under the actual condition of
ty, was adequate protection under the solemn
and definite guarantees of the treaty of the
Who should seek our shores This was the
object and forms OF the subject of the sixth
article, by whose reciprocal engagement the
citizens and subjects of the two Governments
visiting or residing in the coun-
try of the other, are secured the same privi-
leges, immunities exemptions therein en-
loved by citizens or subjects of the most IA
vOred nations. The treaty OF 1858, to which
these articles are made supplemental, pro-
ihnSf fl1.a n
lection both of person and property of Amer
lean citizens in China, but it is on this sixth
and securities of Chinese already In this
country depends. Its abrogatfon, were the
them to such treatment as we should volun-
tarily accord them by our laws and GUS
toms. Any treaty obligation would be want
ing to restrain our liberty OF action towards
them, to measure or sustain the right of
Government to complaint of re
dress in their behalf. The lapse of ten years
since the negotiations of the Burlinea
Treaty has exhibited o the notice of the
Chinese Government, as well as to our peo-
nie the working of this experiment of inmi-
grafton in great numbers of Chinese laborers
to this country and their maintenance here
of all their traits of race, religion, manners
and customs, habitation mode of life, segre-
CATION here. and the keeping up of the ties of
their original home, which stamp them
strangers and sojourners and not as incor-
DOrated elements of national life and
growth. This experience may naturally sug-
isest reconsideration of the sabject as dealt
with by the Burlingame Treaty, and may
properly become the occasion of more di-
rect circumspect recognition in the
newed negotiations of the difficulties
surrounding this political and social
problem. It may well be that. to the appre-
hension of the Chinese Government no less
than our own, the simple provisions of the
Burlin game Treaty may need to be replaced
by more careful methods, securing the Chi
nese and ourselves against larger and more
rapid infusion of this foreign race than our
own system of industry ard society can take
up and assimilate with ease and safety. This
ancient Government. ruling a polite and sen
sitiye people. distinguished by a high sense
of national pride, may properly desire an ad-
justment of their relations with us, which
would in all things confirm, and in no degree
endanger, the permanent peace and anity
and growing commerce and prosperity which
it has been the object and effect of our exist
ing treaties to cherish and perpetuate.
1 regard the very grave discontents of the
people OF the Pacific states with the present
working of Chinese immigration. and their
still grlver apprehensions therefrOm in fu-
ture, as deserving OF the most serious atten-
a solcitous interest on the part of Congress
and the Executive. If this were not my own
judgment, the passage Of this bill by both
the seriousness OF the situation, when Il ma
jority of the representatives of the people OF
the whole country had thought it necessary
to justify SO serious Il measure Of relief.
The authority of Congress to terminate II
treaty with a foreign power, by expressing
the will of the nation no longer to adhere to
it, is rs free from controversy under our Con
stitution as is the further proposition that the
power of making new treaties or modifying
existing treaties is not lodged by the Consti
tuition in Congress, but in the President, by
and with the advice and consent of the
Senate shown by concurrence of two
thirds of that body. dcnunciation OF IA
treaty by any Government is confessediy
juatitiahle 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 in lI9S it it be regarded as alb
treaty. strongly illustrates the character and
degree of justification which was then