The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1879-03-06

casion of more direct and circumspect recogni-
tion in renewed negotiation of the difficulties
surrounding this political and social problem.
It 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
S BE seDiSSd
against larger and more rapid infusion of
than H
ruling polite and sensitive people. distinauished
desire an adjustment of their relations with us
which would in all things confirm and in no de
and proWins commerce and PROSPERITY W Which L
has been the object and effect of our existing
treaties t9 cherish and perpetuate:;
the Pacific States with the present working of
Chinese immigration. and their still Rraver ap-
ing of the most serious attention of the people
of the whole country, and q solieitous interest
this were not my own Judgment the passage of
this bill by both Houses of Congress, would i'm
press upon me the seriousness of the situation.
when q majority of the Representatives of the
people of the country had thought il necessary
to Justify SO serious measure of relief.
treaty with foreign power by expressing the
will of the nation no longer to adhere to it Is as
as Is f the further proposition that the power Of
IN neT adSsd Sy tSe 9
advice and consent of the Senate, shown by
the concurrence of two-thirds of that body.
is confessedly justifable only upon some reason
both of the highest justice and of the highest
The action of Congress in the matter of French
treaties in 11gS, ii it be regarded as the abroga-
ton by this Nation Of subsisti1g treaty strong
cation which was then thought suitable to such
q 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 Government, and Just
claims of the United States for reparation Of in
attempts to negotiate an amicable adjustment of
all complaints between the two nations. have been
thority % Of the French Government. @ % there is yet
pursued against the United States q system of
hostile 70 the rights Of free and independent
nation"
States are of right freed and exonerated from the
stipulations of treaties and of the consulaT con,
States and France, and that the same shall not
henceforth be regarded as legally obligatory on
the Government or citizens of the United
The history of the Government shows no other
instance of abrogation of treaty by Congress.
Instances have sometimes occurred where or
dinary legislation of Congress has by its conflict
with some treaty obligations of the Government
ton Of treaty, and been iudicisiy declared to be
operative to that result. But neither such legls-
iation nor such judicial sanction OF the same has
ment of the treaty. On the contrary, the treaty
in such case still subsists between the Govern
ments. and casual infraction Is repaired by ap-
propriate satisfaction in the maintenance of the
treaty.
President the abroeation of the entire Buriin-
game treaty. much less of the principal treaty of
As the power OF modifying an existing treaty.
whether by addition or striking out provisions,
Is part of the treaty-making power under the
tent for Congress, nor would the assent
Of China to this partial abrocation of
n shi. paoeurins an 't a%endmens
under the Constitution. The importance, how
seeded by the principle that denunciation of
part of the treaty not made by the terms of the
denunciation of the whole treaty. As the other
high contracting party has entered Into no
part denounced, the denunciation by one party
of the part necessarily hberates the other
partv from the whole treaty: i am convinced
by any interest be supposed to require the in
slant suppression of further immigration from
China, no reasons can require the immediate
Chinese already in this country and no circum-
stances can tolerate an exposure of our citizens
in China, merchants or missionaries, to the con-
sequences of SO sudden an abrogation of their
treaty projections.
the flow of immigration from China to the Pa
cifc Coast. shown by trustworthy statistics, re-
ne YES us m q; any sna
negotiations, will introduce any feature of dis
content or disturbance among the communi-
ties directly affected.
Were such delay fraught with more inconveni-
ences than have ever been suggested by the in
terests of the most earnest in promoting this leg
islation, cannot but regard the summary dis
turbance of our existing treaties with China as
greatly more inconvenient to much wider and
more permanent interests of the country.
have no occasion to insist upon more general
considerations of interest and duty which sacred
ly guard the faith of the nation in whatever form
of obligation il may have been given. These
sentiments animate the deliberations of Con-
gress and pervade the minds of Iour whole peo-
pie. Our history gives little occasion for and
proach in this regard. and in asking the renewed
attention of Congress to this bill am persuaded
that their action will maintain public duty and
public homer.
lSignedl r. B. HAYES.
Executive Mansion March l. 1879