Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-02
CALIFORNIA; CALAMITY.
VETO OF THE -INTI-CRINESE BILL
BY THE ACCIDENTAL PRESIDENT.
The Principal Argument against the Meas
ure BASED on the Senate Amendment Alb
rosatins the Burlingame Treaty-.-An
Everts-erian Analysis of the Mutual Obli-
cations Enjoined by that Treaty.

WASHINGTON, March 1.-The following is The
text of the Presidents message to the House OF
Representatives,, vetoing the bill to restrc,
Chinese immigration:
TO THE HOUSE OF REPRESENTATIVES, After q
very careful consideration of House bill
2,4S3, entitled An act to restrict immigration
OF Chinese to the United States, l herewith
return it to the House of Representatives, in
which it orig iuated with my objections to its
passage. The Dill as it was sent to the Senate
from the House of Representatives, was con.
fined in its provisions to the object named il
Its title which is that of IAN act to restrict the
immigration OF Chinese TO the United States -
The only means adopted to secure the proposed
object was limitation i'll the way of the number
OF Chinese passengers which might be brought
to this country by any one vessel to fifteen,
anu as this number was not fixed in any pro-
portion to the size or tonnage of the vessel, or
by any consideration of safety or accommoda-
ton OF these passengers the simple purpose
ana effect OF the enactment 10 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 an 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
China, commonly called the Burlingame
treaty, of which ratification was exchanged at
Picking, Nov. %, 1869.
This act recites as the occasion and motive of
Its 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, circu1ns tances
have arisen showing the necessity Of additional
articles thereto, and proceeds to an agreement
as to such additional articles These negotia-
tons, therefore, ending by signature of addi-
tlonal articles, July 29 1863 had for their OBJ
ject the completion of our treaty rights and
obligations towards The government of China
by the incorporation Of these new articles as
thenceforth parts of the principal treaty, to
which they are made supplemental upon set
tied rules of Interpretation applicable to such
supplemental negotiations.
The text Of the principal treaty and of these
additional articles thereto, constitute one
treaty, from the conclusion of the new negotia-
tlons IN all parts of equal and current force and
obligation between the two governments and
to ali interests and purposeses as if embraced
IN one instrument.
The principal treaty of which ratifications
was exchanged August 16, 1859, recites that
the United States of America and the Using
Empire, desiring to maintain firm, lasting
and s1nchre friendship, have resolved to renew
IN manner clear and positive, by means of a
treaty or general convention of peace, amity
and commerce, the rules which shall in future
be mutually observed in the intercourse of
their respective countries" and proceeds in its
5Oth article to lay out careful and comprehen-
sive system for 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 III respect of access to, residence and
protection In and trade with Cnina. The
actual provisions in our favor iu those respects
were framed to be and have been found ade-
quite and appropriate to the interest of our
commerce, snd By the concluding article we re-
celve the important guaranty that should at
any time the Ia Using empire grant to any ma
tlon, or merchant or citizens of any nation any
right, 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
Its public officers, merchants and citizens"
Against this body of deputations 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 be the only equivalent, for this, the
hrst article, undertakes follows: 'There
shall be, as there always have been, peace and
friendship between the United States of
America and the Ia Using empire and between
their people respectively. They shall not in
suit or oppose each other for any trihing cause
40 as to prOd"ce estrangement between them
and IT any other nation should act unjustIy or
oppressively, the United States will exert their
good Offices, on being informed of the case to
bring about an amicable arrangement of the
question, thus showing their friendly feelings
At the date OF the negotiation of this treaty
our Pacific possessions had attracted considera-
BILE chance immigration and the advantages
and inconvenience felt or feared therefrom had
become more or less manifest. but they dictated
no stlpulai en- the s1bjcc TO be incorporated
IN the treaty. The year 1868 was marked oy
the striking event of spontaneous embassy
from the Chinese empire headed by an Ameri-
can citizen, Arson Burlingame who had relin-
pushed his diplomatic representation of his
own country in China to assume that of the
Chinese empire in the United States, and Eu-
ropean nations. By this time the facts of Chi.
nese immigration, and its nature and influence
present and prospective, had become more
noticeable and were more observed by the popu-
latlon Immediately affected and by the govern
ment
The principal feature of the Burlingams
treaty was its attention to and it's 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 uncovenanted hos.
pltalty to emigration, our fearless liberty OF
citizenship, our equal and comprehensive JUS
tice to all inhabitants, whether they abiured
foreign nationality 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
Sh0ii 1ouSiueHG upon our SOIL.
The Burllngame treaty undertakes to- deal
with this situation, and it's fifth and sixth arti.
Giles, embrace its most important provisions in
this regard, and the main stipulations in which
the Chinese government has secured an obliga
tory protection of its subjects 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 inalienable right of man te
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.
neat residents. The high contracting parties
therefore, join in Reproduction of any other than
entirely voluntary emigration for these pur.
poses. !hey consequently agree to pass laws
making it a penal offense for citizens of the
United States, pr Chinese subjects, to take
Chinese subjects either to the United States O,
to any other foreign country, or for a Chinese
subject or citizen of the United States to take
citizens OF the United States to China or to any
other foreign country without their free ano
voluntary consent respectfully.
Article six-Citizens OF the United States visit
ing or residing in China shall enjoy same priv
lleges, lmmunitles or exemptions in respect tc
travel or residence as may there be engaged BY
citizens or subjects Of the most favored nation
and rediprocally, Chinese subjects visiting OF
residing in the United States shall enjoy tht
same privileges, immunities and exemptions
in respect to residence or travel as may there
be enjoyed by citizens or subjects of the mos
favored nation. But nothing herein contained
shall be held to confer naturalization upo1
citizens of the United States in China, 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 ar
ticle was framed iu hostility to what seemed
the principal necessity to be guarded against
to-wit: the introduction OF Chinese laborers b,
methods which should have character of 70
Yarad aarYiIa ilnnnrtatinn and NOT of xnlnntar