The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1879-03-14

the whole country had thought n necessary
oiu-tify 20 serious a measure o~frelief.
The authority Of Congress 20 terminate n
treaty with "A foreign power. by expressing
the will Of the nation no longer 10 adhere 20
A. Is AS free from controversy under
stitntion a IL the further proposition that IA
existing TREATIES Il not lodged by the Consfi,
tuition In Congress-. but In the President. by
and with the advice and consent Of h
th sns.e a. ,nn 9N bod py \ c@ aennnsIssso o. sSo a
treaty by any Government IA confessedly
lu-tinable only upon some reason both OF the
highest justice and Of the highest necessity.
The action % Congress IA the matter Of the
French treaties in lsyo, II II be regarded NJ alb
rogation by this nation Of the sub-i~ting
treaty, strongly illustrates the character and
degree OF Justification which was then
thought suitable 10 such a proceedfng.....
The bill before me does not en1oin upon
tho President the abrogation OF the entire
Burlingame Treaty. much less Of the princf-
pal treaty Of which IL a. made supplemental.
As the power of modifying an existing treaty.
whether by addition or striking out provis-
Ions. Is part OF the treaty making power un-
der the Constitution. its exercise Is not com-
petent for Congress, nor would the assent of
China 70 this partial abrogntion Of the treaty
make the action OF Congress ia thus prOcur-
Ing the adj of the treaty a comPe-
tent exercise Of authority undo the Consti-
tuition. The Importance. however. of tho
the principle that the abrogati,n of a part
OF "A treaty not made by the terms of the
treaty itself separable' from the rest, 4 "A
dennnciation Of the whole treaty. a. the
other high contracting party has entered into
no treaty obligations except such a. include
the part denounced. The denunciation by
one party OF q part necessarily liberates the
other party from the whole treaty an
convinced that whatever urgency might I'm
any qurrtcr. or by any interest, be supposed
10 require instant suppression Of further Inn
migration frOfs CHINA, no reason can require
the Immediate withdrawal Of our treaty pro-
lection Of the Chinese already IN this coun
Try. and no circumstance can tolerate an
exposure Of our citizens in China, mcr-
Chants or missionaries, 20 the conse-
qurnces ~ 50 sudden an abrOgatiOn OF their
treaty projections. Fortunately. however,
grafton from CHINA 10 the Pacific coast. as
shown by trustworthy staff sites, relieves us
from any apprehension that the treatment OF
the subject IN proper course OF diplomatic
negotiations Will Introduce any feature of
dlScontenf or disturbance among communf-
ties directly Affected. We're such delay
frAnght with more inconvenience than has
ever been suggested by interests most earn
est in promoting this legislation. l can not
but r. gard the summary disturbance OF our
existing treaties with China as greatly more
incOnvenient 10 much wider and more pcr-
manent Interests of the country. have
no occasion 20 insist upon more general
considerathDns of interest and duty which
sAcredly guard the faith Of the nation III what
ever form Of obligation IL may have been
given. These sentiments animate the dclib-
creations Of Congress and peryads the minds
OF our whole people. our history gives little
occasion FOR any reprOach in this regard, and
this bill. ! am persuaded their action will
maintain public dnty AMI public honor.
t~igned) RIB HAYES
Executive Mansion. March /. 1879.