, 1879-03-02
And, Besides, Is an Unwarantable
Assumption Of Congress
sional Power.
On1y the President Can Make
and Modify Treaties.
The House Fails to Pass the
Measure Over the Veto.

the constitutional question: "Shall the bill
Dass, the veto Of the President to the contrary
uotwithstanding.'' The bill was rejected, the
vote being 103 yeas to s. nays, much less than
the necessary two-thirds. The majority was
much smaller than it was on the original pas
sage Of the bill.
TIE MESSAGE.
To tho Westerz Associated Psta
WASHINGTON, D. c., March 1.-Following Is
the full text of the Presidents veto message
delivered to the House Of Representatives this
evening:
To The House Of Representatives: After very
careful consideration Of House bill 2,4a3, enti-
tied "An act 10 restrict the immigration OF Chi
ncse to the United States" herewith return it
to the House Of Representatives, IN which body
it originated, with ny objections to its passage.
The bill, as it was sent to the Senate from the
House Of Representatives, was confined IN us
provisions to the object named in its title which
is that Of "An an act to restrict the immigration
of Chinese to the United States" The only
means adopted to secure the proposed object
WAS the Limitation on the number Of Chinese
passengers which might be brought to TINS
country by any one vessel to fifteen, and
rs this number was not fixed II any
nroportion to the size or tonnage OF the Vcs-
sci, or by any consideration OF the safety or ac-
commodation of these passengers. the principle,
PURPOSE, and effect Of the enactment we're to
REPRESENT this immigration to an extent falling
hut little short OF its absolute exclusion. The
hill as amended in the Senate and now present.
ed to me includes
AN INDEPENDENT AND ADDITIONAL PROVISION
which aims at and in terms requires the abro-
patIon by this Government OF Arts. 5 and 3 OF
the treaty with China, commonly called the
Bnrliueame treaty, through the action Of the
Executive enioined by this provision OF the
act
| The Burlfngam, treaty, Of which the ratifca-
tions were exchanged at Pckin Nov. %, 1869,
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 the Ia Tsing
Empire {Chipa) Of the 18TH june, 1855, circum-
stances have arisen showing the necessity OF ad-
ditional articles thereto" and proceeds to an
agreement as to said additional articles. These
negotiations, therefore, ending By the signature
of the additional articles July 2s, 1868, had for
their object the completion OF our treaty rights
and obligations toward 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 the
settled 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 negotiations in all
parts
| OF EQUAL AID CONCURRENT FORCE AND OBJ
LEGATION
| between the two Governments, and to all III
tents and PURPOSES Us II embraced in one instru-
| men,
| The principal treaty, Of which the ratifca-
| tions were exchanged Aug. 1G, 1859,
recitcs that The United States Of Amer
| ica and the Ia Tsing Empire, desiring to
| maintain firm, lasting and sincere friendship,
| have resolved to renew in manner clear and
! positive, by means OF q treaty or general con-
yeution Of peace, amit5, and commerce. the rules
| of which shall in future be mutually OBJ
| served in the intercourse Of their respective
| countries" and proceeds in its thirty articles
| to lay cut careful and comprehensive system
| for the commercial relations Of our people with
| China The main substance Of all the 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 provisions in Our favor in these respects
| we're framed to be, and have been found to be,
! ADEQUATE AND APPRoPRIATE
! to the interests of our commerce, and By the
| concluding article We receive the important
| guarantee ''that should at any time the Ia Ts ng
| Empire grant to any nation, the merchants or
! citizens Of ans nstton, any right, privilege. or
! fayor connected either with navigation, COM
niece, political, or other intercourse which is
not conferred bY this treaty, such right, privi-
lege, and favor shall at once freely issue to the
! benefit of the United States, its public officers,
! merchants, and citizens-n Against the
| body Of stipnlations in our favor, and this per
manent engagement of equality In respect Of all
| future concessions to foreign nations, the gen
I cral promise of permanent peace and good
Offices On our part seems to be the only equira.
lent. For this the first article undertakes as
| follows:
"There shall be, as there have always been.
peace aud friendship between the United States
Of America and the Ia Using Empire, and be.
tween their people respectively. They shall 4 not
| insult or opprcss each other for any trltlug
cause, so rs to produce an estrsngement between
them, and il any other nation should act
| uujustly or oppressiyclT the United States viii
exert their good offices, on being informed oi
the case, to bring about an atnicabic arrange
ment of the question, thus showing their friend
iy teelings"
At the date Of the negotiation OF this treaty
our Pacific possessions had attracted consid
erab!e Chinese emigration, aud the advantage:
and the inconv cniences felt or feared therefroM
had become more OF. less manifest, but the.
dictated no ssipulations on the subject to ot
incorporated in the treaty. The year 1865 va:
marked By the striking erent Of spontaneous
Embassy from the Chinese Empire, headed b,
an American citizen, Ansor Bu1lngame, whit
had relmqushed his diplomatic representation
OF his own country in China to assume
that OF the Chinese Empire to th'
United States and the European IA
tions. By this time the facts Of Chimes
immigration and lis nature, indueece. presen
and prospective, had become more noticeable
and were more observed BY the population in
mediately affected, and BY this Government
The principal feature OF the Burlingame treat.
was its attention to and its treatment OF th
Chinese immigration, and the Chinese as form
ing, OF as they should form,
| PAET OF OUR POPULATION.
Up to this time our uucoyenanted hospitaltt,
to emieration, our fearless liberty OF citizenship
our equal and comprehensive justice 70 all inhah
itants, whether they abiured their foreign nation