The New York herald., 1879-02-26
Americans in China.


than in January. The total vote, however,
was greater In January 227 members
voted, and 235 voted on last Saturday. On
the original passage of the bill in the
House 155 votes were given in its favor, but
only 140 on Saturday, while on the first
vote ~ members resisted the measure, but
| 95 opposed it on the second vote. 1t is to
be borne in mind by those in this country
or in foreign countries who take critical
interest in this legislation that the bill az
it came before the House for second vote
was materially different from the bill rs
first approved by that body; for In the
Senate Mr.. Sargent moved an amendment
to obviate criticism in regard TO notice to
the government at Pekin. That amend
ment made the seventh and last section
read thus:-
SECTION THAT this act shall take effect from and
after the day of July. 1872 and the President or
the United States SHALL Immediately on the approval
the abrogation of the articles and the additional
articles OF the treaty of June 1s 1865 between the
United States and China proclaimed ~ February o.
1870. commonly called the Burlingame Treaty.
When the House first voted it was possible
for a member who approved the measure to
argue that it would not be violation OF the
treaty to punish as therein proposed vessel,
or its MASTER who brought to our shores more
than fifteen Cinnamon at one time. Such
member might persuade himself that, under
the treaty, the United States could thus
regulate the immigration of Cinnamon.
But under the pressure Of the Senate debate
the California advocate of the measure
threw aside all disguises, and openly as
sailed, and endeavored to annul, two arti-
cles Of the convention. In one aspect that
amendment may be an advantage, because
now the President has before him the naked
question whether the public interest and
the national safety will, in his opinion, be
benefited or injured by an Executive ap-
proval of the bill.
Under the constitution bill becomes
law without the Presidents signature if he
fails to return it, with his objections thereto,
to the house in which it originated, within
ten days Of it's presentation to him, "unless
the Congress by their adjournment prevent
| its return, in which case it shall not be
law" Thus the President can, since the
! 4th Of March is SO near, easily defeat the
| bill without uncovering to China his own
views thereon. If he signs the measure he
must not only give the required notice to
| the Emperor of China, but he will be cut off
| from any benefit in any attempted new ne
gotiations of the plea that the Executive in
this matter differs in opinion from the legis-
lative branch Of the government. But the
conduct Of the Executive therein must
largely depend on what the State Depart
ment has already said ut Pekin on the SUBJ
ject. Many months ago Congress distinctly
intimated, if it did not openly declare, to
Mr.. Evarts its views about the treaty, and
urged him to press diligently new negotia-
tions to remedy the evils complained Of
| What Mr. Evarts has said thereon to Pekin
is not yet disclosed to the country. If
he has vigorously entered upon new
negotiations and has clearly warned the
Emperor of the tendency of opinion in
Congress, and that the President sympa-
thized Herewith, then line of diplomacy
is open to him which it may be difficult to
successfully pursue if no efficient repre-
sentations have as yet been made to China.
If the Department Of State has not formally
opened the question at Pekin, then the
action of Congress in denouncing two
articles of the treaty of 1868 may startle
the Emperor like thunder out of q clear
sky. 1t is not easy tor intelligent Euro
peans to understand the working of our
dual governments and national
and Of our three departments-exec
Legislative and judicial-in the transaction
Of business with foreign nations, and il
must be doubly difficult for the most
learned Chinese or Asiatic ruler or states.
man.
OF the purely internal or domestic aspect
of the Mongolian question we have not
time to-day to speak fully. 1t is fact
however, that our laws forbid any one o.
the colored races to become citizen by
naturalization. A black man of African
descent can be naturalized, but not q Mon
golian or even an Indian. no matter whether
the latter be foreign or native born. TIL,
government welcomes Africans to citizen
ship and to the ballot. but murders the na
tive Indians, treats them as worse thar
white or black aliens. since it repels thei
citizenship and refuses to deal with then
rs entitled to the benefit of our genera
laws. 1t also excludes the Mongolian,
from citizenship, and now it proposes tt
prevent them from landing on our shores
Possibly if the Chinaman and Indian had {
vote the case would be very different, anG
possibly the real issue on the Pacific coas
is whether the Chinaman shall be thus ex
cluded or have access to the ballot box
But, for the moment, we ore looking onl,
to the foreign or external aspect of tn
problem presented by the bill pending be
fore the President.
The measure denounces only two article
of tho Convention of 1868. Can we with
draw from these and preserve the remainin,