Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-03-07
PR E SIS, FRIDAY

of access and residence and protection in and
trade with China. The actual provisions in
our favor in these respects were framed to be,
and have been found to be, adequate and
appropriate to the interests of our commerce,
and by the concluding article we receive.
THE IMPORTANT GUARANTY.
that should at any time the Tactsing empire
grant to another nation, or the merchants or
citizens of any nation, any right, privilege or
favor connected either with navigation COM
merce or political or other intercourse which
is not conferred by this treaty, such right,
privilege and favor shall at once freely inure
to the benefit of the United States, its public
officers. merchants and citizens. Against
this body OF stipuations in our favor and this
permanent engagement of equality in respect
of all future concessions to foreign natio ns,
the general promise of permanent peace and
good Offices on our part seems TO be the only
equivalent. Reference is then made to the
visit of Mr.. Burlingame, and quotations are
given from articles and of the treaty.
The message continues FAN examination of
these two articles, in the light OF experience,
then influential in suggesting their
necessity, will show that the fifth article
was framed in hostility to what seemed the
principal mischief to be guarded against, to
wit the introduction OF Chinese laborers by
ulelDOuS WHICH udNc INC Vi
forced and servile importation. and not of
a voluntary emigration OF treemen seeking
our shores upon motives, and i'll manner
consonant with the system of our institutions
and approved by the experience of the nation
Unquestionably the adhesion of the govern
ment of China to these liberal principles of
freedom in emigration with which We were so
familiar, and with which We were so well
satisfied, was great advance towards open
ing that empire to our civilization and re-
ligion. and gave promise in the future of
GREATER AND GREATER PRACTICAL RESULTS
in the diffusion throughout that great popula-
ton of our arts and industries, our manufact-
ures, our material improvements and the
sentiments of government and religion which
seem to us SO important to the welfare of
mankind. The first clause of this article
secures this acceptance by China OF the
American doctrines OF free migration to and
fro among the peoples and races of the earth.
The second clause, however, in its reproba-
ton of ANY other than an entirely voluntary
immigration" by both the high contracting
parties and in the reciprocal obligations
whereby we secured the solemn and unquali
fed engagement on the part of the govern
ment OF China Ito pass laws making 1t
penal offence for citizen OF the United
States or Chinese subjects to take Chinese
subjects either to the United States or any
other foreign country without their free and
voluntary consent" constitutes the great
force and value of tae article. Its Importance,
both in principle and in its practical services
towards our protection against servile impor
tation in the guise of immigration, cannot be
over-estimated. 1t commits the Chinese
government to active and efficient measures
to suppress this iniquitous system where
those measures are most necessary and can
be most etfectual. 1t gives to this govern
ment the footing of treaty right to such
measures and the means and opportunity OF
insisting upon their adoption, and of COM
plant and resentment at their neglect. The
fifth article. therefore, if it falls short OF
what the pressure OF
THE LATER EXPERIENCE OF OUR PACIFIC STATES
may urge upon the attention of this govern
ment as essential to the public welfare, seems
to be in the right direction, and to contain
important advantages which, once relin-
quished cannot be easily recovered.
The lapse of ten years since the negotiation
of the Burlingame treaty has exhibited to the
notice of the Chinese government as well as
to our own people the working of this ex-
pertinent of immigration in great numbers
of Chinese laborers to this country, and their
maintenance here Of all the traits of race re-
ligion, manners and customs habitation,
mode of life, segregation here, and the keep
ing up of the ties of their original home,
which stamp them Us strangers and soJourn-
ers, and not as incorporated elements OF our
national life and growth. This experience
may naturally suggest the reconsideration OF
the subject, as dealt with by the Burlingame
treaty, and may properly become the oocas-
ion OF more direct and circumstantial recog-
milton on renewed negotiations OF the diff
culties surrounding this political and social
problem. 1t may well be that to allay the
apprehension OF the Chinese government, no
less than our own the simple provisions OF
the Burlingame treaty may need to be Ie-
placed by more careful methods Of securing
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 assimilats with ease and safety
! regard the very grave discomfort Of the
people of the Pacific coast with the present
working of the Chinese immigration, and
their.
STILL GRAvER APPREHENsIoNs
therefrom in the future, as deserving of the
most serious attention of the people of the
whole country, and q solicitous interest on
the part of Congress aud the Executive. If
this were not my own Judgment the passage
of the bill by both houses OF Congress would
impress upon me the seriousness OF the stu
alton when Il majority of the representatives
of the whole country thought it to justify so
serious a measure of relief. An argument
is entered into to chow that Congress, by
legislative enactment, cannot nbrogate Il
treaty. Instances have sometimes occurred
when the ordinary legislation of Congress
has, by its conflict with some treaty obliga-
tons of the government towards a foreign
power, taken affect es an iniraction of tine
treaty and been judiciously declared to be
operative to that result, but neither such
legislation nor such Judicial sanction is of the
of the treaty. On the contrary, the
treaty in such case still subsists between
the governments, and the casual infraction is
repaired by Appropriate satisfaction in the
of the treaty. The bill before |
me does not enjoin upon the President
THE AsRoGATIoS OF THE ENTIRE BUGIISGAME |
TREATY.
much less of the principal treaty of which |
it is made the supplement. As the power OF |
modifying an existing treaty, or striking out |
its provisions, is part of the treaty-making |
power under the constitution, its exercise is |
not competent for Congress. nor would the |
assent of China to the partial abrogation OF |
the treaty make the action of Congress in |
thus procuring an amendment of treaty
competent exercise of authority under the
The importance, however, of
this special consideration seems superseded
by the principal that denunciation of u
part of treaty not made by the terms of the
treaty itself separable from the rest, Is q de
of the whole treaty, as the other
high contracting party has entered into no
treaty obligations except such as include the
1 no -. l,t-
party OF the part necessarily liberates the
other party from the whole treaty. lam
that whatever urgency mighty in
my quarter or by whatever interest be sug-
yested to require an instant suppression Of
Iurther immigration from China no reasons
IAN require the immediate withdrawal of our
treaty protection of Chinese already IN this
and no circumstances can tolerate
m exposure of our citizens in China, mer
chants or missionaries, TO the consequences
Of SO sudden an abrogation of their treaty
protection. Fortunately, however,
ruB ACTUAL RECESSION OF THE FLOW OF THE
IMMIGRATION
rom China to the Pacific coast shown by
statistics relieves us from any
apprehension that the treatment OF the sub
ect in the proper course of diplomatic nego-
lhllOHs Will lntTOuuce any new lthtuits VI
!iscontent or disturbance among the conf
nunities directly affected. Were such delay
raught with more inconvencies than have
'een suggested by the interests most earnest
n promoting this legislation. cannot but
egard the summary disturbance OF our ex-
sting treaties with Chinn as greatly more
TO much wider and more per-
lanent interests of the country. | have no
ccasion to insist upon the more general
Onsi Iteration ofinterest and duty which
acredly guards the faith of the nation, in
'hatever form OF obligation it may have
cen given. These sentiments animate the
CELEBRATION of Congress and pervade the
lind sof our whole people. Our history
ives little occasion for any reproach IN tins
ngard, and in asking the renewed attention
Congress to this bill | am persuaded that
heir action will maintain the public duty and
ne public honor
An attempt WAS made to pass the bill over
10 veto without debate, but it failed, by 100
} %. the requisite two-thirds being hacking,
nj the Chinese bill is dead