The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-03-07
THE PRESIDENTS VETO.

bill No. 2433, entitled an act to restrict
the immigration of Chinese TO the Unit
ed States, l herewith return it TO the
house Of representatives, in which it orig
mated, with my objections to its passage.
The bill, as it was sent TO the senate from
the house of representatives, was confin-
ed in its provisions to the object named
in its title, which is that of an act to re-
strict immigration of the Chinese to the
United States. The only means adopted
10 secure the proposed object was the
Limitation IN number of Chinese passen-
gers, which might be brought TO this
country by any one vessel, TO fifteen, and
at this number was not fixed in any pro-
portion TO size or tonnage OF vessel, or
by any consideration of the safety or ac-
commOdation of these passengers, SNIP
ly the purpose and effect of the enact
Ihent was to repress this immigration 10
the extent of falling hut little short of its
absolute exclusion. The bill as amend
ed in the senate and now presented TO me
includes independent and additional
measures which aim at and in terms re-
Quire the abrogatlon by this government
of articles and g of the treaty with Chi
ma, commonly called the Burlingame
treaty. Through the action of the exec
utive enjoined by the provisions of this
act of the BuTlingame treaty, of which
notifications were exchanged at Pekin,
Nov. %, 1869, recites as occasions and
motives of its negotiation by the two
governments, that since the conclusion
of the treaty between the United States
of America and Ia Tsin empire, China,
of the 9Th of June, 1863 circumstances
have arisen showing the necessity of adj
ditional articles thereto, and proceeds To
an argument as TO said additional articles
these negotiations therefore ending by
signature of additional articles, July %,
1858, having for their object the compile
tiOn of our treaty rights and obligations
toward the government of China by the in
corporation of these new articles as
thenceforth parts of the principal treaty,
10 which they are made supplemental
upon settled rules of Interpretation APP
plicable TO such supplemental negotia-
lions. The text Ofthe principal treaty and
of these additional articles thereto con
stitutc one treaty, from the conclusion
of the new negotiations in all parts OF
equal and concurrent force and obliga-
lion between the two governments, and
to all intents and purposes as if cmbrac-
ed in one instrument.
The principal treaty, of which ratitiCa-
tions were exchanged Aug. rs, 1859, re
cites that the United States Of America
and the Using empire, desiring to main
tain firm, lasting and sincere friend
ship, have resolved to renew in n manner
clear and positive, by means of treaty
or general convention of peace ,amity and
commerce. The rules which result are
in the future to he mutually observed i'm
intercourse of The respective countries,
and proceeds in its thirty articles to lay
out careful and comprehensive system
for the commercial relations of our PEG
pie with China.
The main substance of all the proviS.
ions of this treaty is to define and secure
the rights of our people in respect of ac
cess to residence aud protection in and
trade with China. The actual provis
ions in our favor in these respects were
framed to he, and have been found To he,
adequate and appropriate To the interest
of our commerce, and by concluding the
article we receive the important guaran.
ty that should at any time the Tia Using
empire grant TO any nation, or mcrch
ants, or citizens of any nation, any right
or privilege or favor connected either
with navigation, commerce, political OF
other intercourse which is not conferred
by this treaty such right, privilege and
favor shall at once freely inurc To tho
benefit of the United States, its public
officers, merchants and citizens.
Against this treaty of stipulations in
our favor and this permanent engage
ment of equality in respect of all future
concessions to foreign nations, II general
promise of permanent peace and good
offices on our part seems to he the only
equivalent. Tor this is the first article
undertakes as follows: There shall be
as there has always been, peace and
friendship between the United States O
America and the Tasing empire and DC
tween their people respectively. They
shall not insult or Cypress each other FOL
any trifiing cause so as 10 procure cs
arrangement between them, and if any
other nation should act unjustly, or OPP
pressively, the United States will cXer
their good offices, on being informed %
the case, to bring about an amicable ar
rangement of the question, thus showing
their friendly feeling. Al the date of thu
negotiation of the treaty, our Pacific
possessions had attracted considerable
Chinese immigration and the advanta
ges and inconvenience felt or feared there
from has become more or less manifest
but they dictated no stipulation on thu
subject to be incorporated in the treaty
The year 1868 was marked by the strik
ing event of a spontaneous embassy from
the Chinese empire, headed by an Amer
lean citizen, Arson Burlingame, who ha,
rellnquished the diplomatic representa-
'tion of his own country in order To as
sumo that of the Chinese empire, to TIT
United States and European nations. B,
this time the facts of the Chinese immi
grafton and its nature and influence
present and prospective, had become
more noticeable and more observed b,
the population Immediately affected, an,
by this government.
The principal feature of the Burlir
game treaty was its attention To and il
treatment of Chinese immigration am
Chinese as forming or us they Shout,
form part of our population. Up tn thi
time our uncOvenantcd hospitality to en-
igration, our fearless liberty of either
ship, our equal and comprehensive in.
tice to all inhabitants, whether they al
jured foreign nationality or not, our civ
freedom and our religious federation la
made all Corners welcome, and undo
these projections the Chinese, in consi,
cradle numbers, have made their LODI:
ment upon our soil. The Burlingam
treaty undertakes To deal with this situ
ton, and its fifth and sixth articles Ell
brace its most important provisions
this regard and the main stipulatiOns
which the Chinese government has sccu
ed an obligatory protection of its subiCc
within our territory. They read as fU
lows:
Article V.-Thc United States
America and tho emperor of China 90
dldllN NuC anu lud
ienable right of man 20 change his hon
and allegiance, and also the mutual "a
vantage of free migration and emigr
tion of their citizens and subjects 7
spectively from ono country 10 anothe
for the purposes of curiosity, of trade
M permanent resident; the high co
tracing parties therefore join in rcpr
hating any other than entirely yoluntai
emigration for these purposes. The
consequently agree To pass laws maxim
II u penal Offense for n citizen of Il
United States or Chinese subjects To tai
Chinese subjects either To 10 the Unite
States or TO any other foreign country,
for Chinese subject or citizens Of Il
United States to take citizens of Il
United States to China, or 10 any 9th
foreign country without their free III
voluntary consent respectively.
Article 6.-CitizcnS of the Unit,
States visiting or residing in China sha
enjoy the same privileges, immuniti'
or exemptions, in respect to travel
residence as may there be enjoyed
citizens or subjects of the most favor,
nation, and TeciprOcally, Chinese su
jects.visiting or residing in the Unit
States shall enjoy the same privilcg,
jmmunifics and exemptions, in rcspe
20 travel or residence, rs may there
enjoyed by citizens or subjects of Il
most favored nations, but nothing here