The Leavenworth weekly times., 1879-03-06

China Of the American doctrines OF free
migration to sud fro, among the people
and ra'es Of the earth. The second clause
hoEevtr, in reFrobition Of any other than
an entirely vo'untry emigration by
bo.h high cOBtr acting parties and
IN reciprocal obligations whereby we sc
cured a solemn a1d unqualified engage
men: on the part Of the Government Of
China to pssS la=s maxine il a penal Of
t-nce Tor citizen Of the United States or
the Chinese sublec,s to take Chinese sub
ec,s either TO The United States or any
other foreign country without their free
and voluntary consent constitutes the great
force aud value Of this article Its import
auce both in principle snd its practical ser
vice towards our protection sgsinst the ses
vile importation 10 the guise Of immigra-
uon cannot be over estimated. 1t commits
the Chinese government to active and eff
clent measures are most necessary and can
be most edsctusl and il gives to the govern
meit making the treaty the right to such
measures and means and opportunity of in
slsiIng upon their adoption and Of COM
plant and resentment at their neglect. The
nth article therefore, il ii fall short OF what
pressure OF The later experience Of our Pa
enc States may urge upon the attention Of
this government az essential to the public
welfare, seems TO be in the right direction
and to contain important advantages
which once relinquished cannot be easily
recovered. The second topic which
interested the two governments under
the acttssl conditions of things which
prompted the Burlingsne trea was sde-
quate protection under solemn and def
mite guarantees OF the treaty OF the Chinese
already in this country and those who
should seek cur shores. This was the OBJ
sct and frames the subject of the sixth ar
iicle by whose reciprocal engagements the
citizens and subjects OF the two Govern
ments, respectively, visiting or residing in
the country Of the other are secured the
same privileges, immunities or exemptions
therein enjoyed by citizens or subjects OF
the most favored nations. The treaty of
1873 TO which the articles are made supple
mental, provides for a great smount OF
privilege and protection, both of person and
the prot ction OF American citizens in
China, but it ia on the sixth article that the
m ain body OF the treaty rests, and the secu-
rity Of the Chinese already in this country
depends. Its abroga;iOn, were the rest of
the treaty left in force, would leave them
to such treatment IA we should voluntarily
accord them by our laws and customs ANY
treaty obligation would be wanting TO
restrain cur liberty of action to-
wards them, or to measure or sustain the
right Of the Chinese government to CON-
plaint or redress in their behalf The lapse
OF ten years since the negotiation OF the
| Burliug ame treaty has exhibited TO the
notice OF the Chinese government "a well "a
/ to our people the working OF this expert
mant OF emigration in great numbers OF
| Chinese laborers to this country and their
maintenance here Of all the traits OF race,
religions manners and customs, habitatior,
mode OF life, segreg ation here and
the taeping up Of the ties OF their
original home which stamp them
"a strangers and sojourners and not as in
corporated elements OF our national life
and growth. The experience may materi-
ally suggest a reconsideration OF the sub
iect 80 dealt. with by the :Burlingame
treaty and may properly become the occa-
sion of a more direct circumspect recogni-
tion IN the revenue negotiations of the diff =.
culties surrounding this political and
social problem. 1t may and will be that to
the apprehension of the Chinese govern
ment, no less than our
own, the simple provisions OF the
| BGrlingame treaty may re replaced by
more careful methods, securing the Chinese
and ourselves against the larger and more
rapid infusion OF this foreign race than our
new system OF Industry and society can
take up and assimilate with esse and safe
| ty. This ancient government, ruling a
polite and sensitive people, distinguished
| by high sense Of national pride, may
properly desire an adjustment OF their
relations with us which would in all
| things confirm aud in no degree endanger
the perm maner peace and amity and grow
| ing commerce and prosperity which it has
been the objact and effect of our existing
treaties TO cherish aLd perpetuate. l regard
"a very grave the discontents OF the people
of the Pacific States with the present work
ing of Chinese immigration. and their still
graver apprehension therefrom in the fu
ture, "a deserving the most serious atten-
ton OF the whole people OF the country,
and solicitous interest on the part OF Con-
gIess and the Executive. II this were not
my own Judgment, the passage OF this bill
by both Houses of Congress would impress
upon me the seriousness OF the situation
when the majority OF the representatives OF
| the people OF the whole country had
thought it necessary to justify 40 serious a
measure Of relief. The authority OF Con-
gress to terminate the treaty with foreign
power by expressing the will OF the ma
| tion no longer to adhere to 1t Ia as Tree
| from controversy under our constitution as
is the further proposition that the power of
masking new treaties o. modifying existing
| treaties is not lodged by the constitution IN
Congress but in the President and with the
| advice and consent of the Senate "a
shown by the concurrence Of two-thirds OF
that body. A denuuciation of treaty by
any government is cOniessedly justihable
only upon some reason, both OF the highest
justice and of the highest necessity. The
action of Congress in the matter OF the
French treaties in 1853, If 1t be regarded as
an abrogation by this nation of the subsist
ing treaty, strangely illustrates the charac-
ter and degree of Justification which was
then thought suitable to such proceeding
The history of the government shows no 9TH
er instance of the abrogativn of a treaty
by Congress Instances have some times
occurred where the ordinary legislation of
Congress bas nv its cor fiict with some treaty
obligations of the government toward for
eirn power, taken eject az coon az an in
fraction Of the ;reatv and been iudiclally
declared tn he onersiise TO that result. bn,
neither such indioiaI sanction of the same
has been repar,Ied as an abrogation ever for
tho moment of The treaty ON the contrary.
the treaty in sucb case sill subsis,s between
the governments and the casual infraction i.
repaired bv appropriate satisfaction
in the maintenance of The treaty. The bill
before me does no, enioin upon the Prsssi-
dant the sbrog,tiop Of the entire Rurlin-
gsma Irestv bnt ga mucb of the nrincinaI
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