The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-03-05

cuJ0ycQ Dy cltlZenS OF 8u0JcctS OF Inc lu0>b
favored nation, and reciprocaliy Chinese sub
lects visiting or residing in the United states
shall enjoy the SAM, privileges, immunities
and exemptions In respect TO travel or resi-
dence as may there may be enjoyed by citi-
zens or subjects Of the most favored nations,
confer naturalization upon citizens of the
United States in China, nor upon the subjects
OF China in the United rtates-
An examination of these two articles In the
light of experience, then influential in sug-
costing them, necessity will show that the
seemed the principal miscbiefio be guarded
against, to-wit: The Introduction of Chinese
laborers by methods which should have the
character of forced and servije Importation,
and not of voluntary immigration OF freemen,
seeking our SHORES upon n motives ana n In ia
struction, and approved by the experience of
a nation. Unquestionably adhesion OF the Gov
freedom in immigration, with which we were
SO familiar. and with which we we're so well
ouennee thS as empige to ou9 and
religion, and gave promise in the future of
greater and greater practicable results IN the
diffusion throughout that great population OF
our arts and Industries, our manufactures or
material Improvements, and the sentiments
o 1s 50 mportsns to the Welfare Of MANKIND.
The first clause OF this article secures this
acceptance by China OF american doctrines,
people and races of the earth.
Tue second clause, however, in its reproba-
tary immigration by both high contracting
parties and in reciprocate obligations where
by they secured solemn and unqualified
It a penal offense for citizen Of the United
subjects either to the United States or to any
other foreign country, without their free ana
and value of this article. Its Importance,
both in principe and its practical service
towards our protection against servile i'm
not be Over-estimated. 1t commits the Chinese
Government to active efficient measures to
suppress this Ubiquitous system, where these
measures are most necessary, and can be most
effectuai. 1t gives to the Government violat-
ing the treaty right to such means and oppor-
tunity of insisting upon their adoption, and of
complaint and resentment ct this neglect.
The fifth article. therefore, If 1t falls short of
Pacific States may urge upon the attention of
ihis Government as essential to public well
fare, seems TO be in the gnt direction, and to
contain important advantages, which once
reiinquished can not be easily recovered.
The second topic which interested the two
Governments under the actual condition o.
things, which prompted the "Burlingame
treaty." was the adequate protection, under
solemn and definite guarantees of the treaty,
of the Chinese already in this country and
those who should seek our shores. This was
the object, and forms the subject of the sixth
article, by whose reciprocal engagement the
Governs aoeernments " respectively visiting s or
other, are secured the same privileges, immu-
mites or exemptions therein enjoyed by ciii-
ZeuS subjects of the most favored nations.
The treaty of 1858, to which these articles are
made supplementary. provides for great
amount OF privilege and protection, both of
china But ii Is on this sixth article that the
main body of the treaty rights and securities
of the Chinese already IN this country de-
ponds. Its abrogation, were the rest Of The
treaty left in force, would leave them 10 such
treatment as we should voluntarily accord
them by our laws and customs. Any treaty OBJ
legation would be wanting TO restrain our lib
erty of action towards them or to measure or
sustain Inc Ilgnt OF sne inssr eIf REM
lapse OF 10 years since the negotiation OF the
"Burlingame treaty. has exhibited to the
notice of the Chinese Government, as
well as to our people, the working OF
this experiment OF immigration in great
numbers of Chinese laborers to this country,
and their maintenance here of all traits of the
race, religion, manners and customs habita-
ton mode of life segregation, and the keeping
up OF the ties of their original home, when
start them as strangers and sojourners, and
not as incorporated elements of our national
life and growth. This experience may natur-
ally suggest a reconsideration of the subject
as dealt with by the "Burlingame treaty, and
may properly become the occasion OF more
direct and cIrcumspect recognition in renewed
negotiations of the difficulties surrounding
this political and social problem. 1t may be
well TO say that, TO the apprehension OF the
Chinese Government, no less than our own,
the simple provisions OF the "Burllngame
treaty" may need to. be replaced by more
nese and ourselves against larger and
more rapid infusion OF this foreign race than
our own system of industry and society can
take up and assimiiate with ease and safety.
This ancient Government, ruling polite and
sensitive people, distinguished by high sense
of national pride. may properly desire the ad.
justment of their relations with the United
States which would In all things conform and
and amitv and growing commerce and pros
perity which IL has been the object and effect
of our existing treaties to cherish and per-
petuate.
l regard very grave the discontents of the
people of the Pacific States, with
the present working of Chinese EN-
apprehension therefrom in the future, as de-
serving the most serious attention of the peo
pie of the whole country, and solicitous in
terest on the part OF Congress and the execu.
tive. If this were not my own Judgment, the
passage of the bill by both Houses of Congress
would impress upon me the SERIOUSNESS of the
representatives of the people of the whole
country had thought it necessary to justify sc
serious a measure of reIlef. The authority o.
Congress to terminate a treaty with a foreign
power py m 'ie wi fr ., . fren
versy, under our constitution, as is the fur
Their proposition that the power making new
treaties or modifying existing treaties, is moi
lodged by the constitution in Con
gress, but in the president by
| OF the Senate, as shown by the concurrence O
two-thirds OF that body. A denunciation o
! a treaty by any Government is confessedly
highest justice and of toe highest necessity
| The action of Congress in the matter of the
| french treatleS IN loIS IL II De Regarded as aO
| rogation by this nation of the existing treaty
| strongly illustrates the character and degrees
/ of justification which was then thought suit
| able to such q proceeding. The preamble o
| the act recites that the treaties concluded
| between the United States and France have
been repeatedly violated on the part of tn,
i French Government, and the just claims OF
| the United States for reparation of injuries 81
committed have been refused, and their at
tempts to negotiate an amicable adjustment
| of all complaints between the two nations
have been repealed with indignity, and thai
under the authority of the french Govern
ment There is yet pursued agaios
the United States system of pred
| atory violence, infracting said law and hostile
to the rights of O free and independent nation
The enactment, as a logical consequence o
| these recited facts, declares that the United
| States are of right freed and exonerated from
the stipulation of the treaties and of the con
4 suiar convention heretofore concluded be
tween the United States and France, and tina
| the same shall not henceforth be regarded a
1 legally obligatory on the Government or citl
| zens of the United States. The history OF tn
Government shows no other instance of tn
/ ahropation q a treaty. by Congress- Instance