The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-21
A Trcaty-Brcnking Bill.


EPr1GY SARGENT, the sands Of whose SEN
atorial life have nearly run out instead OF
applying the scant remnant Of his official
days to making such reparation as may be
for his official sins, dcvotcs it apparently to
another crusade against the Cinnamon.
Anti-Chincso legislation has irresistible
attractions for some statesmen because
JOHN CnINANIAN does not vote; and hence
the Pacific Coast Congressman, in trampling
on him, may please many constituents,
without having TO fear u Mongolian bolt
when Offering himself for reelection. These
disadvantages Of the Chinese seem also TO
have wildly impressed Mr. HAYES, who Is
confidently expected to sign any ant-Chi-
ncse act which their enemies can got passed.
But the bill which EFFIGY SARGENT intro
duced into the Senate and Mr. WILLIS
simultaneously into the House, ought not
TO be passed, because outside of other rea-
sons, it proposes TO violate a treaty.
Article of the BURLINGAME treaty, drawn
up in Washington little more than ten
years ago, uses the following language:
The United States Of America and the Emperor OF
China cordially recognize the Inherent anI inaenAbio
right Of man to change has home and allegiance and also
the mutual advantage oi the migration AMI emigra
ton Ut their citizens and subject. respectively
country to the other for the purposes VI curiosity VI
trade, or permanent residence"
This article OF agreement, which Is per-
fectly sound and American in doctrine. and
was drawn up by an American, is. 1t should
be further observed, little more than q re-
iteration of like language contained in pre-
Vious treaties between tho same countries.
Article Of the same BURLISGAME treaty
gives the following guarantees 10 Chinese
immigrants arriving here:
Chinese subjects visiting or residing in the United
States shall enjoy the immnniucs privileges. and
exemptions in respect to travel residence a. may
there be enjoyed by the citizens subjects Of the
favored nation but nothing herein contained shall be
held to confer naturalization upon citizens Of the United
states IN China, nor upon the subjects Of China IA tie
Omitted states
The bill now introduced into Congress
plainly violates both these treaty provisions,
for 1t declares that no shipmaster shall
take aboard at any point in China or else
where, more than fifteen Chinese passen-
gers, with intent TO bring them within the
United States, or shall so bring them. Vio-
lating this law is made uisdemcanor.
punishable by six months imprisonment
and 500 fine. To further enforce this re-
strction, the shipmaster is required 10 re-
port on his arrival n sworn list OF all pas
senger., and Is liable 10 equal fine and inn
prisonment for negl1cting 20 so report, tho
fine being lien on tho voe-ei
There Is no doubt that this is a less dis
creditable bill than tho one Of last winter,
which actually proposed TO visit the offence
Of coming TO the United States on the igno-
rant Chinaman, making him liable 20 head
tax Of $3.50, and then declaring that each
subject Of China who enters the United
States without paying the aforesaid tax
shall be punished by Imprisonment of not
less than fire years at hard labor in tho
State prison Of the State where the offence
was committed" As few Of the Cinnamon
arriving at San Francisco have $3.50, this
bill would have filed the California prisons,
which Is perhaps one reason why we now
see the present substitute, filming and inn
| prisoning the shipmaster instead OF the
| passenger.
But, 50 far as the treaty goes the present
| law violates it not less directly than the
other; it Is aimed against the inaienable
right Of subject of China TO change his
| homo, and tho advantage of free emigration
! 1t withholds from Mongolian visitors tho
rights OF entrance and travel that are ac-
! corded to the Caucasian. Indeed the
! House Committee. in reporting the bill, adj
nit that 1t cOntravoncs tho treaty, and ex-
cuse tho fact ON the ground that "this
whole question Is not one Of right but OF
policy"
That is not the whole question Even IL n
dozen years ago the question Of Chinese i'm
migration was purely one OF policy, it took
| On tho ebara "a ~ n Of rtfr IN
it became the basis Of solemn treaty.
That treaty exists to-day, n treaty urged by
the United States, not by China, and so
eagerly sought for by the former that its
ratification was hurried through the Senate
with Joy more than twelve months before
tho Emperor OF China approved it, 1t is n
token Of the shameless disregard of modern
Congresses for the binding force alike Of
constitutions and treaties, that we find
schemes like the present urged.
Now, II it be deemed public policy to re-
strict Chinese immigration, there is n law
| full, just, and honorable way to go to work.
1t is, first Of all, to invite the power with
which we made the treaty to modify or
abrogate 1t. This, at all times the only
courteous and crcditabo way OF proceeding
with friendly power, becomes strikingly SO
now, when China has established at Wash
ington nm embassy specially designed TO
consider promptly and amicably all interna-
| tonal questions, and particularly this very
one OF the Chinese race in America. Yet this
| Is the moment chosen for a course which Is
offensive aud insulting, MS well as viola
tion Of plightcd faith. Tho friends Of this
hill seem to have been anxious to do some
thing which should defy international cour-
J tesy and Justice On all grounds, OF policy