Daily Los Angeles herald., 1879-06-25

residence as privilege depending
upon residence, or as consequence
of residence. We have treaties in
which it Is reciprocally conceded
that the citizens of each power
shall enjoy in the territories of
each al "the privileges, immuni.
ties aud exemptions of the most fa-
vored nation in respect to com.
merce and navigation" But the
treaty with China is the only one
In which this peculiar phraseology
Is not employed, and so far az l
have been able to learn, no decis-
Ions have been made by the Courts
upon'li like terms, from which light
can be derived. But it is a rec0g-
nized rule that, In constituting trea-
ties, some respect is to be be paid
to the quality or inequality of the
rights and benefits to be derived
ny the contracting parties, Under
different constructions in case of
doubt. BY this treaty citizens OF
the United States are permitted to
reside at eight ports only OF China,
and 1t must be rememb ered that
citizens Of the United States are
not permitted to travel beyond
the limits of cities open to foreign
commerce In China, but Chinese
are permitted to go everywhere in
In the United States. Why should
we put an Interpretation on the
treaty that shall give the Chinese
the right in the United States to
enter into industrial pursuits,
which can only be done by enlarg.
ing the import of the express words
of the treaty by implication.
Woolsey says: "If two meanings
are admissible, that is to be pre-
ferred which is least for the advant
age of the party for whose benefit
a clause is inserted. For in secnr-
ing a benefit be ought to express
himself clearly" After quoting
other authorities Slater said: From
these considerations / conclude
that
THE TERMS OF THIS TREATY
Do not entitle the Chinese to enter
avocations from which it is pro.
posed to exclude them. Slater de-
MED that Chinese emigration was
decreasing, or that more were re-
turning home than coming to our
shores. 1t is true that in the years
1877 and 1873 there was a large
falling off in arrivals, but that WAS
wholly owing to the serious oppo.
sition, which assumed u threaten.
ing aspect in those years. Emigra.
ton has swelled from 27l6 In 1851 |
to 1908 in 1878. Since the veto of
the Chinese bill OF last year, a |
marked increase is reported by the
press to have already set in. The |
treaty with China was entered into
10 the face of the statutes of Cali.
fornia and Oregon, and of the pro-
visions OF the Constitution of Ore
gon. One of the latter is: mo
Chinaman not resident of the
State at the time of the |
adoption of tho Constitution,
shall ever hold any real estate
or mining claim therein" Further,
Slater said the opposition to the
Chinese had been recently crystal
liked in California in her new Con-
stitution, in form at once deci-
sive and emphatic, exhibiting the
full and set determination of that
commonwealth to suppress this
tide of coolie migration, and also
to rid its people of the evils which
rise from the oppressive and exas-
perating pressure OF those already
within the State. He quoted from
this Constitution and continued:
The history of coolie immigration
for the last tweuty-eight years
shows that they are anxious and
determined to come. The ne
cessties of an overcrowded pop.
ulation are impelling the Chinese
to seek In other chimes that
sustcnance which is so difficult to
procure in their own. They are
pressing into every country, even
IN the face of opposition. The
lowest wages of the commOnest
loborer In this country would be a
munificent income in China. 1t is
not strange that they are eager to
come. 1t Is true that no such
measure has ever been offered in
Congress before, but it is also true
that no like condition has ever be-
fore called for legislative action.
II the measure is unusual, the oc-
casion demanding it is equally ex-
ceptional. The proposed measure
Is not unnecessarily harsh or pro-
scriptive. Any measure that does
not make 1t unlawful for Chinese to
enter industrial avocations and the
labor markets in competition
with our people, or prohibit
their immigration, will be useless.
Prohibition of further immigration
would bring no relief against the
disastrous influence of the thous-
ands already here. Those here
now are only the vanguard for the
millions that will overrun us un-
less some legislation is had. The
bill was referred TO the Committee
on Foreign Relations.
The speech of Senator Slater was
very able effort. 1t was favora-
bly, received, and the Senator was
heartily congratulated by his fel.
low Senators on both sides Of the
Chamber.