St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1879-03-07

we SDOulQ voluntarily dCCOIu thOh ny
our laws and customs. Any treaty OBJ
LEGATION would be wanting to restrain
our liberty of action toward them, or to
measure or sustain the right of the Chi
nese government to complaint or re-
dress in their behalf. The lapse of ten
years since the negotiation OF the Bur-
lingame treaty has exhibited to the no
tice of the Chinese government, as wei
as cur own people, the working OF this
experiment in the immigration of great
mum bers of Chinese labOrers to this
country and their maintenance here OF
all the traits of race, religion, manners
and customs, habltatiOn, mode OF life,
segregation here and the keeping up of
ties of their original home, which stamp
them as strangers and sojOurners, and
not as incorporated elements of our ma
tiOnal life and growth. This experience
may naturally suggest the recOnsidera-
ton of the subject us dealt with by the
Burlingame treaty, and may properly
become the occasion of more direct and
circumspect recognition in renewed ne
gOtiatiOns of the difficulties surrounding
this political and social problem. 1t may
well be that to the apprehension of the
Chinese government, no less than our
own, the simple provisions of the Bur-
lingame treaty may need to be re
placed by more careful methods, secur-
ing the Chinese and ourselves against
larger and more rapid infusion of this
foreign race than our system of industry
and society can take up and assimilate
with ease and safety. This ancient
government, ruling polite and sensi-
tive people, distinguished by high
sense of national pride, may properly
desire an adjustment of their relations
with us, which would in all things con-
firm and in no degree endanger the
permanent peace and amity and the
growing commerce and prosperity which
it has been the object and the effect of
our existing treaties to cherish and per-
petuate.
[ regard the very grave discomfort of
the people of the Pacific states with the
present working of the Chinese immi-
grafton, and their still graver appre-
hensiOns therefrOm in the future, as de-
serving the most serious attention of
the people of the whole country, and
sOlicitOus interest on the part of Con-
gress and the executive. If this were
not my own judgment, the passage of
would impress upon me the seriousness
of the situation, when Il majority of the
representatives of the people of the
whole country had thought it necessary
to justify so serious IA measure of relief.
The authority of Congress to termi-
nate treaty with foreign power, by
expressing the will of the nation no
longer to adhere to it, is us free from
controversy under our constitution as is
the future proposition that the power
of making new treaties or modifying
existing treaties is not lodged by the
constitution in Congress, but in the
president, by and with the advice and
consent of the Senate, as shown by the
concurrence of twO-thirds of that body.
A Remuneration of a treaty by any
government is cOnfeSsedly justitiable
only upon some reason, both of the
highest justice and of the highest neces-
sity. The action of Congress in the
matter of the French treaties in 1898,
If it be regarded as an abrogatiOn 10y
this nation of a subSiSting treaty,
illustrates the character and
degree of justification which was then
thought suitable to such a 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 gov
ernment, and the just claims OF the
United States for reparation of the in-
jurieS so committed have been refused
and their attempts to negotiate an ami
cable adjustment of all complaints be-
tween the two nations have been re-
PEELED with Indignity, land that under
of the French government
there is yet pursued against the United !
States Il system of predatory violence.
attracting the said treaties and hostile |
to the rights of Il free and independent |
nation" The enactment, us a logical |
of these recited facts, de |
clares THAT the United States are of
right, freed and eXonerated from the |
of the treaties and of the !
convention heretofore conclud- |
ed between the United States and |
France, and that the same shall not |
he regarded as legally obi |
gatory on the government or citizens of
the United States"
The history of the government shows |
no other instance of an abrogation of a |
treaty by Congress. Instances have |
occurred where the ordinary |
legislation of Congress has by its con-
tiict with some treaty obligations of the |
government toward a foreign power
taken effect us an infraction of the |
treaty and been judicially declared to
he operative to that result, but neither
such legislation nor such judicial sane
ton of the same has been regarded as
an abrogatiOn, even for the moment, of
The treaty. On the contrary, the treaty,
i'll such case, still subsists between the
and the casual infraction
is repaired by appropriate satisfaction
IN maintenance of the treaty.
The bill before me does not epioin
upon the president the abrogation of the
entire Burlingame treaty, much less of
treaty, of which it is made the
supplement-, rs the power of modifying
an existing treaty, whether by addition
or striking out provisions, is part of
the treaty-making power under the con-
stltutlon. Its exercise is not competent
Tor Congress, nor would the assent of
emma to this partial abrogation of the
treaty make the action of Congress in
Ihus procuring an amendment of a
treaty Il competent exercise of authority
unuer the constitution. The imDOr
lance, however, of this special cousid- |
Grafton seems superseded by the princi-
pie that denunciation of Il part of n
treaty, not made by the terms of the
treaty itself, separate from the rest. is |
a denunciation of the whole treaty. AS
the other high contracting party has en-
tered into no treaty obligations, except
such as include the part denounced, the |
denunclation by one party of the part.
necessarily liberates the other party
from the whole treaty. lam convinced |