, 1879-03-02

States are of right freed and e1onerateo nom
the stIpulatIons Of treaties of the Consular cou-
yeution heretofore concluded pet"eeo
United States and France, and that the saute "
igatory on the Government or the c'izens ~
the United States" The history OF the 0o'eln-
ment shows
no OTHER INSTANCE
OF the abroeation Of treaty oy Conslsiis. ~
Instances have sometimes occurred Nlels ti1e
ordinary legislation Of Congress has, ov Us cor
flict with some treaty obligations OF the uo'ein-
meut toward foreign Powers, taken eneet as an
tnfraction Of treaty, and been gene;aily ~ ae.
clared to be operative to that result. nu'
ueither such legislation, nor such 1noacaai sane'
tion Of the same, has been regarded as an apro-
cation, even for the moment. Of the treaty.; ~
the contrary, the treaty, in such cases, SILL suo
sists between the Governments, and the casual
infraction is repaired by appropriate sats1aetlon
in the maintenance of the treaty.
The bill before me does not enjoin upon the
President the abrogatlon OF the entire BUT
of which 1t Is made the supplement. As the
power Of modifying an existing treaty, whethe1
by adding or striking out provision, is part
of the treaty-mah:ng power under the Constitu-
ton. its exercise Is not competent for congress,
nor would the assent Of China to this partial
abrogatton Of the treaty make the action
Of Congress in thus procuring an
amendment OF Il treaty, compe-
tent exercise OF authority under the
Constitution. The importance, however, OF
the principle that denunclation OF part OF q
treaty not made by the terms OF the treaty
itself separate from the rest IS
DESUSc1ArIoN OF THE WHOLE TREATY.
As the other high contracting party has entered
into no treaty obligations except such as lncluoe
the part denounced, the dennnciation by ono
party OF the part necessarily Aberates the oLner
$hA -hr1o
am convinced that whatever urgency might
In any quarter or By any interest be supposed to
require the instant suppression OF lurther 1t1-
migration from China, no reason can require
the immediate withdrawal OF our treaty protec
tion Of the Chinese already in this country, and
no circumstances can tolerate an exposure OF
our citizens in China, merchants OF missionaries
to tie consequences OF SO sudden an abrognt10n
0! their treaty protection.
Fortunately, however, the actual recession IN
the flow OF immigration from China to the
Pacific Coast, shown by trustworthy statistics,
relieves us from any apprehension that the treat
mcnt of the subject in the proper course OF dip
lomatic negotiations will introduce any features
Of discomfort or disturbance among the com
!nunittcs directly affected. We're such delays
fraueht with more Inconvenience than have
ever been suggested br the interests most
earnest in pronlotin. this legislation. cannot
but regard The summary disturbance OF our ex-
isting treaties with China qs
VASTLY MORE 1SCoSVESIENT
to much wider and more permanent interests ot
the country. -
| have no occasion to insist upon more gen
eral considerations OF the interest and duty
which sacrcdly guard the faith OF the nation in
whatever form OF obligation 1t may have been
given. These sentiments animate the Gelloera-
tions of Congress- and perVade the minds OF our
whole people. Our history gives liltle occasion
for any rouroacA In this regard, and in asking
the renewed attention OF Congress to this bill