The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-03-04
Ghe 99uilg Argns.
ROCK ISLAND, rErYrore
Concluded from second page. J

present working of the Chinese inmipra,
ton, and their still graver apprehension,
theretrem IN the future. as deserving tht
most serious attention Of the people Of tbs
whole country, and soicitous interest or
the part OF congress and the executive. II
this were not my own Judgment the mass.
age OF the bill by both houses of conerapc
would impress upon me the seriousness al
the situation, when a majority of the rep.
resentahVes Of the people of the whole
country had thought it necessary to justify
SO serious measure of relief. The au-
thorlty OF congress to terminate treaty
with a foreign power by expressing the
Will OF the nation DO longer to adhere to it
Is as Tree from controversy under our con-
stltution as the further proposition that the
power OF making new treaties or modifying
existing treaties is lodged by the constitu-
ton, not 10 congress, but in the president
| by. and With the advice of the senate, as
shown by the concurrence Of two thirds Of
that body. A denunciation of a treaty bv
any government is confessedly iustiGaIle
only upon some reason both of highest ius.
tee and highest necessity. The action nj
congress in the matter of the French
treaties 10 1898, if it be regarded as an all
rogation by the patton of the subsistino
treaty, strongly illustrates the character
and degree of the justification which was
then thought suitable to such proceed
ling. The preamble of the act recited
that the treaties concluded between the
United States and France have been re-
peatedly violated On the part of the
French government, and the Just claims
OF the United States for reparation of in
Ijuries so committed have heen refused.
and the attempts to negotiate an amiable
adjustment Of all complaints between the
two nations have been repealed With indig-
nifty, and that under authority of the
French government there is yet pursued
against the United States q system of pre-
datory violence infracting said treaties and
hostile to the rights of free and indie
pendent nation" The enactment, as a
logical consequence of these recited facts,
declares that the United States are @.
rlghttreed and exonerated from the atipuia-
tons of the consular conversions heretofore
concluded betUeea the United States and
France, aud that the same shall rot hence
forth be regarded as legally obligatory on
the government or citizens Of the United
States" The history of the government
OF treaty by congress. Instances have
sometimes occurred where the ordinary
legislation q congress, has by its conflict
with some treaty obligations of the gov
fernment toward a foreign power, taken
effect as an infraction Of the treaty, and
been generally declared to be operative to
that result, but neither such legislation nor
such judicial sanction of the same has been
! regarded as an aDrogation even, for mo-
ment, of the treaty. On the contrary.
the treaty in such cases still subsssts be-
tween the goyernEaeats, and the casual in-
! fraction IS repaired by appropriate salts
faction 10 the maintenance of the treaty
The bill before me does not enjoin up0n
| the president the abrogatioD Of the entire
BQrlingamc treaty, much less of the priD-
cipal treaty of which it ia made the sup
pIemeut As the power of modifying an
/ existing treaty, whether by addition or
striking out the provisions, is part Of
the treaty making power, under the con-
| stitutlon its exercise Is not competent for
congress, nor would the assent of China to
| this partial abrogation of the treaty make
| the action Of congress, in thus procuring an
amendment Of the treaty COM
petent exercise Of authority under the con-
stituti0U. The importance Of this special
consideration seems superseded by the
principle that a denuncistion of part OF
the treaty itself, separable from the rest,
is denuncatl0n of the whole treaty. AS
the other kiRh contracting party has en-
tered Into no treaty obligations except
such az include the part denounced, the
denupciatiGn by one party of the part nee
| ,rilS t,a Har FrCS ~ Il
whole treaty. | an convinced that what
lever urgency might in any quarter or by
any interest be supposed to require the
instant suppression of further immigra
ton from China, no reasons can require
the immediate withdrawal Of our treaty
protection Of TIC Chinese already in thi
Icountfy, &nd no circumstances can tolerate
| an exposure of our citizens in China
merchants or missionaries, to the conse
: quencesfof 50 sudden an abrogation OF tn
treaty protection. Fortunately, however
an actual recession in the flow of emigrs
ton from China to the pacific coast, show
By trustworthy statistics, relieves US froE
! any apprehension that the treatment c
the subject in the proper course Of dipiC
matte negotiations, will introduce any feat
Iures of disc0ntent or disturbance anon
the communities directly affected WeI
such delay frought with more ipconveu
fences than have ever been suggested
. the interests most earnest in promotlr
their legislation, cannot but regard tt
summary disturbance of our existing trea
les with China as greatly more lnconvel
l.snt to the much wider and more perma
ept interest of the country.
| have no occasion to Insist upon Il
more general considerations o. the intere
and duty which sacredly guard the faith
the nation in whatever form OF obigatl
at it may have boon given. These sentinel
at animate the deliberations Of Congre
20 and perrade the minds of our whC
!, people. Our history gives little occ
or sion for any reproaoh in this regard, al
in asking the renewed attention of Go
I'D gress to this bill, am persuaded tn
their action will maintain public duty a
public honor.
. (Signedl Il. B. HAYES
I Executive Mansion, March lst, 1879,
- -
mis- .RABLEE ES5.
4 The most wonderful aud marvellous s.