The New York herald., 1879-03-02

illustrates the character and degree of just-
hcation which was then Thought suitable
to such proceeding. The preamble OF the act re-
that ''the concluded between the United
States and France have been repeatedly violated
the just claims of the United States for
PREPARATION OF tie injuries committed
negotiate amcable adjustment OF all complaints
between the two nations have been repeed with in
dignity" and that under authority OF the French
government there is yet pursued against the United
States system os predatory violence in.racting
the said treaties and hostile TO the rights OF free and
independent nation" The enactment a logical
consequence these recited declares that
United States are of right freed and exonerated
from the stipulations Of the treaties and Of
between the United States and France,
and that the shall not henceforth be regarded
of the United States" The history OF the govern
ment shows other instance of an abrogaton
Of treaty by Congress. Instances have some,
Congress has by its conflict with some treaty
obligations of the government toward foreign
Power taken effect as an infraction OF the treaty
and been judcialy declared to be operative to that
result But neither such legislation such judicial
sanction of the same has been regarded abroga
tion even for moment, OF the treaty. On the con-
trary, the treaty in such still subsists between
the governments and the casual nraction is repaired
by appropriate satisfaction i'll maintenance OF the
treaty.
CHINESE AND AMERICANS INTERESTED.
The bill before does not enioin upon the Presi-
dent the abrogaon of the entire Burlingame Treaty.
much less of the principal treaty of which it is made
the supplement-. AS the power or modifying an exist
ing treaty. whether by addition striking outprovi
sions, is part of the treaty making power under the
constitution its exercise is not competent for Con-
gress would the assent of China to this partial
abrogaton of the treaty make the action of Congress- in
thus procuring an amendment of treaty. compe-
exercise of authority under the constitution The
importance, however. of this special consideration
seems superseded by the principle that denunca-
tion of part of the treaty. not made
by the terms of the treaty itself separabe
Whole treaty. As the other high contract,
ing party has entered into no treaty obliga-
tions except such include the part denounced, the
lberates the other party from the whole treaty.
am convinced tnat whatever urgency might
in any quarter by any interest be supposed to
require an instant suppression OF further mmigra-
the immediate withdrawal Of treaty pro-
lection of the Chinese already in this coun-
try. and no circumstances tolerate
exposure of citizens in China. merchants or
missionaries to the consequences of sudden an alb
rogation OF their treaty projections. Fortunately.
however, the actual recession In the flow of emigra-
ton from China the Pacific Coast, shown by trust
worthy statistics, relieves us from any apprehen-
sion that the treatment OF the subject in the
proper course of diplomatic negotiations will In
troduce any new feature of discomfort or dis
turbance among the communities directly af-
fected. were such delay fraught with more
incon veniences than have ever been suggested by
the interests most earnest in promoting this legisa
ton cannot but regard the summary disturbance
Of our existing treaties with China greatly more
nconvenient to much wider and more permanent
interests of the country.
have occasion to insist upon the more general
considerations of interest and duty which sacredly
guard the faith of the nation in whatever form of
obligation it may have been given. These senti-
ments animate the deliberations of Congress ard
pcrvade the minds of our whole people,
Our history gives little occasion for any reproach
in this regard, and in asking the renewed attention
of Congress to this bill persuaded that their
action will maintain the public duty and the public
honor. X. B. HAYES.
EXECUTIVE MANSION March l. 1879