The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1879-03-13

properly become the occasion for more direct ana
circumspect recognition in renewed negotiations
Of the difficulties surrounding this political and
| social problem. 1t may well be that to the
apprehension of the Chinese Government no less
3han our own, the simple provisions of the Bur
lingame Treaty may need to be replaced by more
careful methods, securing the Chinese and ourselves
against larger and more rapid infusion of this
n,g race than our system Of industry and SO;
| safety. This ancient Government ruling polite
and sensitive people, distinguished by high sense
ment Of their relations with ua, which would in ali
things confirm and in no degree endanger the
permanent peace, and amity, and growing COM
merce, and prosperity which it has been the OBJ
ject and effort Of our existing treaties to cherish
and pcrpetuate.
! regard the very grave discomfort of the people
the Chinese immigration and their still gravcr ap-
prehensiOns therefrOm in the futnrc as deserving
| The most serious attention of the people Of the
part of Congress and the Executive. If this were
not my own Judgment, the passage of this bill by
the seriousness Of the situation when a majority
OF the representatives Of the people Of the whole
country had thought it necessary to justify So
riOus measure Of relief.
The authority Of Congress to terminate treaty
with foreign Power by expressing the will of the
Nation no longer to adhere to it is as free from
controversy under Constitution is the further
Sy Se
Constitution in Congress- but in the President by
and with the advice and consent of the Senate, as
body 4 denunciation Of treaty by any Govern n.
reason, both Of the highest justice sp and dp Of
4. %sef of me Faenoh q treaties GGe
In 1885, II it be regarded as an abrogation by this
Nation of the subssting treaty. strongly illus
which was then thought suitable 10 such pro
ceeding: The preamble Of the act recites that
md Er0nc h0ya hoou 0to1l vir ofoI
ON the part of the French Government and inst
claims Of the United States for the rcparaion Of in
tempts to negotiate the amicable adjustment Of all
complaints between the two Nations have been
repelled with indignity," and that under the au-
sued against the United States q system Of preda-
tory violence, infracting said treaties and hostile
to the rights Of a free and independent Nation.''
| these recited facts declares "that the United
States are of right freed and exonerated from the
stipulations of treaties of the Consular Convention
heretofore concluded between the United States
and France, and that the same shall not hence
| forth be regarded az legally obligatory ON the
Government or the citizens Of the United States"
The history of the Government shows no other in
stance of the abrOgation of treaty by Congress.
Instances have sometimes occurred where the
ordinary Legislation, Of has its con
ment toward foreign Powers, taken effect as an in
fraction Of treaty. had been generally declared to
islation, nor such judicial sanction Of the same,
has been regarded as an abrOgatiOn, even for the
| moment, Of the treaty. On the contrary, the
the treaty, in such cases, still subssts between the
Governments, and the casual infraction is repaired
BY appropriate satisfaction in the maintenance of
| the treaty.
The bill before me does not enjoin upon the
President the abrOgation of the entire Burlingame
Treaty, much less Of the principal treaty of which
| II is made the supplement. As the power of mod
striking ont provision is part of the treaty max
ing power under the Constitution its exercise is not
competent for Congress, nor would the assent of
China Othis partial abrOgation of the treaty make
the action of Congress in thus procuring an
amendment of the treaty q competent exercise of
under hs The
superseded by the principle that denunciation of
| part of q treaty not made on the terms of the
ton Of the whole treaty. AS the other high con
tracing party has entered into no treaty obliga
tons except such as include the part denounced,
the denunciation by one party of the part neces-
sarily liberates the other party from the whole
treaty. .
am convinced that whatever urgency might in
any quarter or by any interest be supposed to re-
| qure the instant suppression of further immigra
ton from China, no reason can require the i'm
mediate withdrawal Of our treaty projection of the
Chinese already in this country, and no circum-
stances can tolerate an exposure of our citizens
in China, merchants missionaries, to the conse
quences of SO sudden an abrogation Of their treaty
Fortunately, however, the actual re-. lesion in the
flow Of immigration from China to the Pacific
Coast, SHOWN by trustworthy statistics, relieves
from any apprehension that the treatment of the
subject in the proper of diplomatic negotia
tions will introduce any features of discomfort or
affected Were such delays fraught with
more inconvenience than have ever been
suggested by the interests most earnest
in promoting this legislation, I cannot
but regard the summary disturbance of our exist
ing treaties with China vastly more inconve-
nient to much wider and more permanent inter
ests of the country.
1 have no occasion to insist upon more gen.
eral consideration Of the interest and duty
which sacredly guard the faith of the Nation in
whatever form of obligation it may have been
given. These sentiments animate the dclibera-
tions of Congress and pervade the minds Of our
for any reproach in this regard and in asking
the renewed attention of Congress to this bill,
am persuaded their action will maintain public
duty and public honor. X. B. HAYES.
EXECUTIVE MANSION. March 1, 1879.