The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-02


Government ns essNRtinl to the public welfare.
seems to be in the f.ght direction and to con-
tain important advantages which. once relin-
qulShed. cannot be easily recovered.
The second topic which Interested tho two
uovernments. under the actual condition OF
things which prompted the Burlingame treaty,
was adequate protection under tho solemn and
definite guarantees OF n treaty OF the Chinese al
ready in this country and those who should
forms the subject Of tho sixth article, by whoso
reciprocnl engagement the citizens and sub
lects OF tho two Governments respectively visit
ting or residing In the country OF the other
are secured tho samo privlcgcs. immunitics.
or exemptions there enjoyed by tho citizens or
subjects OF the most favored nation. Tho treaty
oi 1908. 10 which these articles are made sup
Elemental, provides fora great amount oi privi-
lego and protection both for person and prop
erty, for American citizens In China, but II is
upon this sixth article that the main body Of tho
trenty rights and securities OF tho Chinese al
rendy IN this country depends. Its abrogaiion,
were the rest OF the treaty loft In force. would
leave them to such treatment as wo should vol
unfairly accord them by our laws and customs.
Any trcnty obligation would ho wanting TO re-
strain our liberty of action toward them. or TO
measure or sustain tho right of the Chinese
government TO complaint or redress in their
behalf.
The lapse OF ten years since tho negotiation
OF the Burlingame treaty has exhibited to tho
notice OF the Chinese Government M well as TO
our own people. the working OF this experiment
Of immigration in great numbers OF Chinese
iaborers 70 this country. and their maintenance
mere OF an tho tralts of rice religion, mannera
ana customs. hnbitation. mode OF life, scgro-
CATION here and the keeping up OF tho ties
OF their original home. which stamp them
as strangers and soiourncrs. and not IA incor-
porated elements OF our national life md
growth. This experience may naturally sug-
gest the coqsidsrntion OF the subject as dealt
with by the Burlingamc treaty. and may prop
erly become tho occasion Of more direct
and crcumspect. recognition in renewed
negotiations OF the difficulties surrounding
this political and social problem. II may bc.
that to the apprehension OF the Chinese Gov
ornment. no less than our own. the simple pro-
visions OF the Burlingame treaty may need TO
be replaced by more careful methods. securing
the Chinese and ourselves against n larger and
more rapid infusion OF this foreign race than
our system OF Industry and society can
take up and assimilate with ensc and safety.
This ancient Government. ruling polito
and sensitive people. distinguished by n high
sense OF national pride. may properly desire I'm
adjustment OF their relations with us which
would In all things confirm and in no degree
the growing commerce and prosperity which IL
has been the object and this effect Of our exist
ing treaties 10 cherish and perpetuate.
i regard tho very grave discontents OF tho
people OF the Pacific States with the present
working ofthe Chinese immigration. and their
still graver apprehensions thercfrom in the
future, as deserving the most serious ntten-
tion of the people OF tho whole coun-
try. and solicitous interest on the
this were not NY own judgment the passage Of
this bin by both Houses OF Congress would i'm
when a majority OF the Representatives Of the
people oi the whole country had thought It
necessary to Justify so serious measure OF
relief.
The authority Of Congress to terminate n
treaty with foreign power by express ug the
VIII of the nation nolonger 20 adhere 10 u. IA as
free from controversy under our Constitution
as Is the further proposition that the power Of
making new treaties or modifying existing
Congress hut I'm the President by and with tho
advice and consent Of the Senate ~ shown by
the concurrence Of two-thirds of that body. A
d"nunclntion of a treaty by any Government is
confessedly lustinahle only upon some rcnson
both OF the highest lustice and OF the highest
necessity The action Of Conrress in tho mat
ter Of the French treaties In 1898. II IL be re-
gnrded as an abrogaiion 10y this nation
OF suhsisting treaty; strongly, illus
hcaton which was then thought suitable
TO such proceeding. The preamble Of the net
recitcs that tho treaties concluded between the
United States and France have been repeat ndly
violated on the pnrt oi tho French Government.
and the Just claims OF the United states Tor
repRrntion of the injuries so committed have
brcn refused and their nitemrts 10 negotiate
IN amcnblc adjustment OF all complaints be-
tween the two nations have been repelled
with indienity, and that, under authority pi tho
French Government. there is yet pursued
agn MT thr United states sysfrm oi predatory
violence infracting the said trnrties and hostiln
70 the rights oi fr''H md independent nution.
The enactment ~ a logical consequence Of
thcso rr'itel facts. declares that the United
states are ~ right freed nui exon rated from
the siipuiatinns of the treaties and OF the con-
sular convention heretofore con 'lu lnd between
the United Strtps and France and that the same
=
- isaiVy ON ihc Government or cit1ens OF the
Tho history Of tho Government shows no
other instnnee ol an qnro-aiion ni q treaty by
Congress. II ttnres have sometimes occurred
whore the ordinary legislation of Congress hns.
hy iis conflict with som" treaty ohgntions ~
the Government toward a foreign power. taken
orect as un inirnfion Of the treaty and been
udicinlly declared To he operative to that re-
suit but neither such legislation nor such
Judicial sanction Of the same has been regarded
a. an abrusation. Gwen for the moment. OF
treaty. ON the contrary. the treaty II such case
stll suh-isi- between tho Governments md
the casunl iniractOn II rcpairrd 10y appropriate
s'Hdsiatii2,n d s, n .l i,nane" 81 tnn trs"y. cha
President the ahroraiiOn ot the entire Burln-
game treaty. much less Ot the principal treaty.
OF which IL Is made the supplement. As the
power Of modifying an exis ing treaty. whether
10y addition or striking out provisions. ia part
Of the treaty-making power under the Constitu-
nor would the assent Of China to this partial
abrogutiOn Of the treaty make the aeton OF
Congress In thus procuring nm amendment OF
n treaty competent exercise OF authority un-
der the Constitution. The importance. how
ever. OF this special consideration seems super
seeded by the principle that a denunciation OF n
part OF treaty not made by the terms Of the
treaty itself separable from the rest. Is n denun-
citation OF tho whole treaty As the other high
contracting party has entered Into no treaty OBJ
legations except such ns include the part de-
nounccd. the denunciatlon 10y ono party of tho
part necessarily lberates the other party from
Lam convinced that whatever urgency might
in anv quarter or by any interest be supposed
to require an instant suppression OF further
immigration from China, no reasons can re-
quire the Immediate withdrawal of our treaty
protection Of the Chinese already in this coun-
try, and no circumstances can tolerate an eX-
pOsura Of our citizens In China. merchants or
missionaries, to the consequences Of so sud
den an abrogation of their treaIy projections.
Fortunately. however the actual recession in
the flow OF emigration from China TO the Pacific
coast shown by Trustworthy statistics relieves
MS from any apprehension that the treatment OF
the subject IN the proper course OF Diplomatic
Of discomfort or disturbance among the
committees directly affected. We're such delay
fraught with more incOnyeniences than have
ever been suggested by the interests most ear
nest in promoting this legislation, | cannot but
regard the summary disturbance OF our exist
ing treaties with China rs greatly more incOn-
vcnient to much wider and more permanent in
terests Of the country
| have no occasion TO insist upon the more
general considerations OF interest and duty
which sacrcdly guard the faith Of the nation. In
whatever form of obligation IL may have been
given. These sentiments animate the delibera-
tions of Congress- and peryade the minds Of our
whole people. Our history gives litte occasion
for any reproach in this regard. and in asking
the renewed attention OF Congress y this bill, !
am persuaded that their action will maintain
the public duty and the public honor;
EXECUTIVE MANSION. March /. 1879.
Dog Fighters Arrested In New Orleans
New ORLEANS, March 1,-Harry Jennings oi