Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1879-03-03

SOIgTSSS WOulu impress Oh NE lle
seriousness of the situation, when a
majority OF the Representatives Of the
people Of the whole country had thought
it necessary to justify so serious mea-
sure of relief. The authority OF Congress
10 terminate a treaty with a foreign
power by expressing the will OF the
nation no longer to adhere to 1t, is as free
from controversy under our COnstitu-
ton as is the further proposition that
the power of making new treaties or
modifying existing treaties, is not lodged
by the Constitution i'll Congress, but IN
the President, by and with the advice
and consent of the Senate, as shown by
thl concurrence Of twC-thirds of that
body. A denunciation OF a treaty by any
government is confessedly justitiable
only upon some reason OF highest justice
and of highest necessity. The action
OF Congress in the matter of the French
treaties in 1898, if it be regarded as an
abrOgatiOn by the United States OF the
Subsisting treaty, strongly illustrates
the character and the degree OF justitica-
tion which was then thought suitable 10
such a proceeding.
The preamble of the act recites 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 the reparatiOn
OF injuries so committed have been re-
fused, and their attempts TO negotiate an
amicable adjustment of all complaints
between the nations have been repelled
with indignity, and that under the au-
thority oithe French government there
is yet pursued against the United States
system OF predatory violence infract-
ing said treaties and hostile Ia the rights
OF Tree and independent nation The
enactment, as a logical consequence OF
these recited iactS, declares That the
United States are oi right freed and eX-
Onerated from the stlpulatiOus of the
treaties and Of consular conventions
heretofore concluded between the
United States and France, and that the
same shall not henCefOrth be regarded
as legally obligatory on the govern
ment or citizens OF the United States.
The history OF the government shows
no other instance OF the abrOgatlOn of Il
treaty by Congress Instances have
sometimes occurred where the ordinary
legislation oi Congress has, by its con-
ilict with some OF the treaty obligations
OF this government towards foreign
taken effect as an inirac
tlon OF the treaty, and has been
judicidlly declared 10 he operative
to that result. But neither
such legislation nor such judicial sane
ton OF the same has been regarded as an
even for the moment, of the
treaty. On the contrary the treaty in
such Il case still subsiats between the
and casual iniracton is re-
paired by appropriate satisfaction in
OF the treaty The bill be
fore me does not cnjUin upon the Pres
idcnt the abrOgatiun of the entire treaty
much less the principal treaty, ofwhich
il is made supplemental. As the power
Of modifying an existing treaty, whether
by addition or striking out Ofprovisions,
is part OF the treaty making power
under the Constitution It's exercise Is
not competent for Congress, nor would
the assent OF China To- this partial abro.
CATION OF the trCaty make the act Of Con-
gress in thus procuring the amendment
pi the treaty, a competent exercise OF
authority under the Constitution. The
importance, however, of this special
seems superseded 10y the
principle that a dcnunclatiOn Of the
part Of the treaty not made 10y the terms
oi the treaty Itself, Separablc from the
rest, is the dcHunciatlon oi the whole
treaty, aS the other high contracting
party has entered into no treaty obliga-
tons, except such aS include the part
denounced. The dcnunCiatiOn 10y one
party of the part necessarily libcratcS
the other party from the whole treaty.
am convinced that whatever urgency
might in any quarter or by any interest
be- supposed Ia require instant
oi further immigration
rom China, no reasons can require the
withdrawal Of our treaty pro-
lection Oi the Chinese already in this
country, and no circumstances can
tolerate All exposure of our citizens IN
or missionaries
to the consequences Of 80 sud-
len an ahrOgaiiun Of their treaty pro-
lection. Fortunately, however, the act
1al recession Of the inflow OF emigration
from China to the Pacific Coast as shown
by Trustworthy statistics, relieves u
from any apprehension in regard to the
treatment OF the subject in the proper
course OF diplomatic negotiations, AMI
will not introduce any feature OF dIscon-
tent or disturbance among the com
directly affected. Were
such delay irou.ht with more
IncOnvCrlrnccs than have ever been
suggested by the interests most earnest
in promoting this legislation, ] cannot
but regard the summary disturbance Of
our existing treaties with China a.
greatly more inconvcnicnt 10 the much
wider and more prominent interests "i
our country. have no occasion to in
Sist upon more general considerations oi
the interest and duty which sacredly
guard the faith Of the nation in what
ever form Of obligation 1t may have been
gwen. These sentiments animate the
deliberations oi Congress and pcrvadr
the minds of our people our history
gives little occasion for any rcpruaCh in
this rrgarl, and in asking the renewed
attention OF Congress 10 this bill ! am
persuaded that their action will main
tain p,accablc duty and public honor.
r>igncd1 T. b. HAYES,
Erlrrir, Hgas,,D. NIrrh !. 1879.