The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-03-07

seem 10 us so important 10 the welfare of
The first clause of this article secures
this acceptance by China of the AmerI-
can doctrine of free migration to and fro
among the peoples and races of the earth.
The second clause, however, is in rep
of 'any other than an entirely
emigration by both the high
parties, and in reciprocal OBJ
legations, whereby we secured a solemn
and unqualified engagement on the part
of the government of China to pass laws
making il penal offense for the citizens
of the United States or Chinese subjects
10 take Chinese subjects either TO the
United States or to any other foreign
country without their free and voluntary
constitutes the great force and
value of this article. Its importance,
both in principle and in its practical
service towards our protection against
seTvile importation in the guise of i'm
cannot be over-estimated. 1t
commits the Chinese government to ac-
tive and efficient measures to suppress
this Ubiquitous system where these meas
ures are most necessary, and can be most
effectual. 1t gives the government the
footing of treaty right to such meas
ures, and means and opportunity of in
plant and resentment at their neglect.
The fifth article, therefore, if it fall short
Of what the pressure of the latter expert
cnce of our Pacific states may urge up
on the attention OF this government as
essential 10 the public welfare seems to
he in the right direction and TO contain
advantages which, once re-
cannot be easily recovered.
The second topic which interested the
two governments under the actual condi-
tons of things which prompted the Bur
lIngame treaty was adequate protection
under solemn and definite guarantees of
the treaty of the Chinese already in this
country and those who should seek our
shores. This was the object and forms
the subject Of the sixth article, by whose
reciprocal engagement the citizens and
subjects of the two governments, respri-
lively visiting or residing in this country
of the other, are secured the same priv
leges, immunitics, or exemptions therein
enjoyed by citizens or subjects of most
favored nations.
The treaty of 1853 to which these arti-
clcs are made supplemental, provides
for Il great amount of privilege and pro
lection both of person and property of
American citizens in China, but it is on
this sixth article that the main body of
the treaty rights and securities of the
Chinese already III this country depend
Its abrogation, were the rest Ofthe treaty
left in force, would leave them TO such
treatment as we should voluntarily ac-
cord them by our laws and customs.
Any treaty or obligation would he want
ing to restrain our liberty of action to-
wards them, or To measure or sustain
the right of the Chinese government to
Iaf IN I,ni hoI
The lapse of ten years, since the ncgO-
tiatiOn of the Burlingamc treaty, has
exhibited to the notice of the Chinese
government, as well as to our people,
the working of this experiment of i'm
migration i'll great numbers of Chinese
laborcrs 10 this country and their main
tcnanCe here of all the traits of race. of
religion, manners and customs, habita-
ton, mode Of life, segregation here, and
the keeping up of the ties of their origin
nj home, which stamp them as strangers
and soiOurncrs, and rs incorporated ele-
ments of our natural life and growth.
This experience may naturally suggest a
reconsideration of the subject AS dealt
with by the Burlingame treaty, and may
properly become the occasion of more
direct and circumsncct recognition. In
renewed negotiations of the difficulties
surrounding this political and social
problem il may well be that TO the ap-
prchcnsion of the Chinese government,
no less than our own, the simple pro-
visions of the Burlingame treaty may
need To he replaced by more careful me-
thodS securing the Chinese and ourselves
against "a larger and more rapid infusion
of this foreign race than our own Sys
tenn of industry and society can take up
and assimilatc with case and safety.
This ancient government, ruling a
polite and sensitive people, distinguish.
ell by IA high sense of natural pride, may
properly desire Il reimbursement of theiI
relation with us which would in all
things confirm and in no degree en-.
danger the permanent peace and amity
growing commerce and prosperity
which it has been the object and effect
of our existing treaties To cherish and
perpctuate.
| regard the very grave discOntents oi
the people of the Pacific states with the
present working of Chinese immigration
and their still graver apprehension there
from in the future as deserving of tho
most serious attention of the people o.
the whole country, and solicitous inter
est on the part of congress and the exec
utivc. If this were not my own judg
mcnt the passage of this bill by boil
oouscs of congress would impress upor
me the seriousness of the situation, wheI
the majority of the representatives of tho
people of the whole country had though
il necessary to justify so serious a meas
urc of relief. The authority of congress
to terminate Il treaty with foreign pow
er by expressing the will of the nation
no longer to adhere to 1t, is as free from
controversy, under our constitution, as il
the further proposition that the power o
making new treaties or modifying exist
| ing treaties is not lodged by the consti
tuition in congress, but IN the president
by and with the advice and consent o
the senate, as shown by concurrence o
two-thirdS of that body. A denunciatiOr
of treaty by any government is con
iesscdly justifiable only upon the SAM
reason, both of the highest justice and o
the highest necessity.
The action of congress in the matter o
| the French treaties in 1898, lift beregard
as an abrogatiOn by this nation of tn
suhSisting treaty, strongly illustrate
the character and degree of justification
which was then thought suitable to suCl
IL proceeding. The history of the gov
eminent shows no other instances of TN
ahrogation of Il treaty by congress. In
stances have sometimes occurred wher
the ordinary legislation of congress ha
nv its conflict with some treaty obligS
tions of the government towards fol
cign power taken effect as an intraction G
the treaty, and been judicially declare
To he operative To that result, but neithe
such judicial sanction of the same Ina
been regarded as an abrogation even fO
Il moment, of the treaty. On the COZ
traTy, the treaty in such u case still sui
siStS between the governments, and IA ca
ual inrraction is repaired hy appTopriat
. satisfaction in the maintenance of III
treaty. The hill before me does not cnioi
upon the president the abrogation of tn
Burlingamc treaty. Much has been sal
of the principal treaty, of which it
made the supplement. The power {
modifying an existing treaty, whethe
by addition or striking out provision
, is part of the trcaty-making pOwC
under the constitution, its exercise is nj
competent for congress, nor would tn
, assent of China To this partial abrogatio
, OF the treaty make the action of congre:
in thus procuring an amendment of II
r treaty a competent exercise of authorit
. under the constitution.
? The importance, however. of this spe
r ial consideration seems superseded b
| the principle that the abrngation of
part of a treaty not made by the terms
| the treaty itself, scparable from the res
| is a dcnunciation of the whole treaty, ;
. the other high controlling party hs
r entered into no treaty obligations e
' cept such rs include the part IL
nounced The denuRciation
Il al.