Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-02
CALIFORNIA; CALAMITY.
VETO or TIE 4NTE-CuyNESE BfJy
Ef IHE ACCIDENTAL PIESIDENT.
The Principal Argument Against the Meas
ure BASED on the Senate Amendment 4 b.
r"S'hin$ the Huriin@ame Treaty.. An
EHerts-erian Analysts OF the Mutual Obi
cations Epjoined by that treaty

WAsHISGroN, March 1.-The following is tn,
text Of the Presidents message to the House 0
Representatives., vetoiug the bill to restric
Chinese immigration:
To rnE HOUSE OF REPRESENTATIVES,: After ;
serE careful consideration of House bill
2,433, entitled An act to restrict immipratior
= OF Chinese TO the United States | herewith
return 1t to the House Of Representatives, il
whlcA It originated, with my objections to its
passage. The bill as it was sent to the Senate
from the House of Representatives, was con
hned III Its provisions to the object named il
Its title, which is that of ''an act TO restrict the
immigration of Chinese TO the United States, u
The only means adopted to secure the proposed
OBJECT was limitation i'll the way of the mum beI
OF Chinese passengers which might be brought
to this country by any vessel to fifteen
anu as TINS number was not fixed in any pro-
portion 20 the size or tonnage of the vessel or
by any consideration of safety or accommodate
Ton OF these passengers. the simple purpose
ana effect OF the enactment was TO repress this
Immigration to an extent falling but little
short of its absolute exclusion.
The bill as amended in the Senate and now
presented TO me. includes independent and
additional provision, which aims at and in
terms requires the abrogation by the govern
ment of articles five and six of the treaty with
Chlna commonly called the 'Burlingame
treaty. of which ratification was EXCHANGED at
Picking, Nov. %, 1869.
Ihl5 act recites as the occasion and motive of
us negotiation by the two governments, that
SINCE The conclusion OF the treaty between the
United States of America and Ia Using empire
OF China, of 18th OF june 1858, circumstances
nave arisen showing the necessity of additions al
articles thereto, and proceeds to an agreement
as I" such additional articles. These negotia-
tons. therefore, ending by signature of addi-
tlOEaI articles, July -, 1868, had for their OBJ
JeGt tae compietlon OF our treaty rights and
st
by the incorporation of these new articles as
thencetorth parts OF the principal treaty, to
Whch they are made supplemental upon Set
tied rules OF Interpretation applicable to such
supplemental negotiations.
The text OF the priucipa treaty and of these
audltlonal articles thereto, constitute one
treaty, from the conclusion of the new negotia-
lions N all parts OF equal and current force and
obligation between the two governments and
TO all interests and purposeses as if embraced
IN one instrument.
Tie principal treaty of which notifications
was exchanged August l6, 1850 recites that
the United States of America and the Using
LAiplre, desiring to maintain firm, lasting
and sinchre friendship, have resolved to renew
III manner clear and positive, by means of a
treaty or general convention of peace a1nty
and commerce, the rules which shall in future
pc mutually observed in the intercourse of
their respective countries,' and proceeds in it's
5Oth article TO lay out careful and comprehen-
- Sl'1 system Tor commercial relations of our
people with China.
The main substance of all provisions of this
treaty Is to define and secure the rights of our
people IN respect of access to, residence and
protection IN and trade with China. The
actual pr"Tisions in our favor in those respects
were framed to be and have been found ade-
Iuate and appropriate TO the interest of Our
commerce, snd by the concluding article we re-
ceFe tne important guaranty that should at
any Time the La Using empire grant to any ma
ZION, or merchant or citizens of any nation any
rl9At, privilege or favor connected either with
navigation. commerce. political or other inter-
course, which IS not conferred by this treaty,
such right, privilege and favor shall at once
freely lnure to the benefit of the United States
It's public officers, merchants and citize1s."
Against this body of Occupations in our
favor, and this permanent engagement of
equality in respect of all future concessions to
foreign nations, the general promise of per-
manent peace and good Offices on our part
seems to DE the only equivalent. for this, the
first article, undertakes as follows: There
shall be, as there always have been, peace and
friendship between the United States of
America and the Ia Using pire and between
their people respectively. They shall not in
suit or oppose each other for any trifing cause
so as to prod"ce estrangement between them
% ana IT any other nation should act nustly or
op2resslVely, the United States will exert their
good offices, on being informed of the case to
bring about an amlcable arrangement of the
question, thus showing their friendly feelings''
AT the date OF the negotiation of this treaty
our Pacific possessions had attracted considera-
bic chance Immigration, and the advantages
and inconvenience felt feared therefrom had
become more or less manifest, but they dictated
no stlpulatl n en- the s1blc to be incorporated
IN the treaty. The year 1868 was marked py
the striking event of a spontaneous embassy
from the Chinese empire, headed by an Ameri-
can citizen, Arson Burlingame, who had relin-
at
own country in China to assume that of the
Chinese empire III the United States and Eu-
ropean nations. By this time the facts of Chi
nese immigration, and it's nature and influence
present and prospective, had become more
noticeable and were more observed bv the Dopu-
latlon Immediately affected, and by the govern
ment.
The principal feature of the Burlingame
treaty was its attention to and its treatment OF
Chinese immigration, and the Chinese as form.
Ing, or as they should form, part of our popu-
latlon. Up to this time our uncovenauted hos
pltallty to emf grafton, fearless liberty OF
citizenship our equal and comprehensive Jus
tlce to all inhabitants whether they abiured
foreign nationality or not our civil freedom
and our religious federation, had made all COM
ers welcome, and under these projections the
Chinese in considerable numbers had made
their Judgment upon soil.
The Burlingame treaty undertakes to deal
with this situation and it's fifth and sixth arti.
cles, embrace It's most important provisions in
this regard, and the main stipulations in which
the Chinese government mas secured an obliga
tory protection of its ects within our terri.
tory. They read as follows
Article Five-The United States of America
and the emperor OF China cordially recognize
the inherent and inalenable right of man tt
change his home and allegiance. and also the
mutual advantage of free emigration and i'm
migration of their citizens and subjects re
spectlVely, from one country to the other fol
the purpose OF curiosity or trade or as perma
nent residents. The high contracting parties
therefore, join IN reprobation of any other thar
entirely voluntary emigration for these pur
poses. They consequently agree to pass law!
making it q penal oftense for citizens of the
United States, or Chinese subjects, to take
Chinese subjects either to the United States o.
to any other foreign country, or for a Chimes,
subject Or citizen of the United States to tax,
citizens OF the United States to China or to AM
other foreign country, without their free anc
voluntary consent respectfully.
Article six-Citizens of the United States visit
ing residing in China shall Joy same priv
lleges, immunites exemptions in respect tt
travel or residence as may there be engaged b,
citizens or subjects of the most favored nation
and rediprocally, Chinese subjects visiting O.
residing in the United States shall enjoy tn
same privileges, immunitles and exemptions
respect to residence travel may Their
be enjoyed by citizens or subjects of the mos
favored nation. But nothing herein contained
shall be held to confer naturalization upol
citizens of the United States in China, or o
subjects of China in the United States.
An examination of these two articles in tn
light Of experience, then Influential in suggest
ing their necessity, will show that the fifth al
tlcle was framed iu hostility to what seeme
the principal necessity to be guarded against
to-wit the introduction of Chinese laborers b.
methods which should have a character Of ia
Vored servle importation and not of voluntar
nN n frcc -ec 4
motives and in a manner CONSTANT with tn