Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1879-03-08
AN EXECUTIVE VETO.
The Presidents Message vetoing the Anti.
Chinese Bill.

I NBIy COns1ueTHt1On HOUSE
bill 2.4S3, entitled "An act to restrict the i'm
migration of Chinese to the United States,"
herewith return it to the House of Represent
atfves, In which it originated, with my Objec.
| tions to its passage. The bill, as 1t was sent
| to the Senate from the House of Representa-
i tives, was confined in its provisions to the
object named in its title, which is that of "An
| act to restrict the immigration of Chinese to
| the United States" The only means adopted
| to secure the proposed object was limitation
| In the number of Chinese passengers which
| might be brought to this country by any one
| In any proportion to the size or tonnage of
| the vessel, or by any consideration of safety
simple purpose and effect of the enactment
/ were to repress this immigration to an extent
falling but little short of its absolute ex-
| clusiOn. The bill 40 amended in the
| Sonnte, and now presented to me, in.
| cludes an independent and additional pro-
vision, which aims at and in terms requires
| the abrogation by this Government of arti-
| cles and of the treaty with China, COM
monty called the Burlingame Treaty, through
| the action of the Executive, enjoined by this
provision of the act. The Burlingame Treaty,
| of which ratincations were exchanged ut Pc
king November %, 1863, recites, as occasions
and motive of its negotiations by the two
| Governments, that since the conclusion of
| the treaty between the United States of Amer
| lea and the Ta-Tsin Empire, China, of Sth of
| June, 1868. circumstances have arisen show
| ing the necessity of additional articles there
additionai articles. These negotiations.
| therefore, ending by the signature of addf-
tional articles July 2s, 1868, had for their OBJ
| obligations toward the Government of China
| by the incorporation of these new articles as
which they y are re- made M SUI suppemehtal upon y set t.
tied rules of interpretation applicable to such
supplemental Negotiations, The text of the
| principal treaty and OF these additional artf-
| cles thereto constitute one treaty from the
conclusion of new negotiations in all parts of
| equal and concurrent force and obligation
between two Governments, and, to all intents
and purposes, as if embraced in one instru
ment.
1aps tI,o
sions of the original treaty, the President
says: The principal feature of the Burlin-
Treatment OF Chinese Immigration, and the
Chinese, as forming, or as they should form,
part of our population. Up to this time our
our fearless liberty 9f citizenship, our e1uai
and comprehensive justice to all Inhabitants
resedom nd Snt tor Or
Grafton. had made all comer5 welcome, and
under these projections Chinese in consider
able numbers bad made their Judgment upon
our soil. The Buriingaiiie Treaty undertakes
to deal with this situation, and its fifth and
arucies t is iss nd mos. tb
lations in which the Chinese Government has
secured an obligatory protection of its sub
'e An examination OF these two af;ticies I'll the
light of experience then influential in suS
gesting their necessity" will show that the
nth article was framed in hostility to what
seemed to be the principal mischief to be
guarded against, to wit: the introduction of
have the character of forced and servle inn
portation, and not of voluntary emigration
of freemen seeking our shores upon motives
and in manner consonant with the system of
our instruction ana approved bS the expert
article secures this acceptance by China of
American doctrines of free migration to and
fro among the people and races of the earth;
The SECOND clause; however, Is reprobation
of "anS other than All entirely Voluntary
emigration by both high contracting partiesI
and in reciprocal obligations whereby we
and oil
gagement on the part of the Government
of China" to pass laws making 1t a penal Of
fense for the citizens of the United states or
either to the United States or to any ether
foreign country without their free and volun-
of this article. Its Importance, both in prin-
ciple and its practical service towards our
protection asanfs setsile impSFtais,I2fn' fhn I'm
Chinese Governments to active and sufficient
measures to suppress this infquitOus system
where those measures are most efeetual: IL
| gives to the Government footing OF treaty
| the right to such measures and means, anu
opportunity Of insisting UPON theit adoptiopi
neglect. The fifth article, therefore, If 1t fall
short of what the pressure OF the later ex-
perience of our Pacific States may urge upon
| the attention of this Government as essential
| to the public welfare seems to be In the right
| direction. and to contain important advanta-
| ges, which, once rel1nqu1Sneu, can not De
The second topic, which interested the two
| Governments under the actual conditlon OF
| things which prompted the BuIliDgame Trea-
| ty was adequate protection under the solemn
| and definite guarantees OF the treaty OF the
UhineSse In, eSo,,,d saa nur Chores. This was the
| object and forms OF the subject of the sixth
| article, by whose reciprocal engagement the
| citizens and subjects Of the two Governments
| respectively visiting or residing In the coun-
| try of the other, are secured the same privf-
leges immunites or exemptions on ,h therein s EN- sa
| yored nations. The treaty of 1858, to which
these articles are made supplemental, pro-
cS tection nj both of person and properly of Amer
ican citizens in China, but lt Is on TINS sixth
| article that the main body OF the treaty rights
| and securities of Chinese already in this
| country depends. Its abrogation, were the
rest of the treaty left in force, would leave
tarily accord them by our laws and GUS
| toms. Any treaty obligation would be want
| ing to restrain our liberty OF action towards
| them or to measure or sustain the right OF
| the Chinese Government to complaint of re
| dress in their behalf. The lapse of ten years
| since the negotiations of the Burlingame
| Treaty has exhibited 20 the notice OF the
| Chinese Government. as well as to our peo-
| pie, the working of this experiment OF 1mm1-
| gration in great numbers of Chinese laborerS
| TO this country and their maintenance here
| of all their traits of race, religion, manners
| and customs, habitation, mode OF life, segre-
| CATION here, and the keeping up OF the ties OF
| their original home, which stamp them as
strangers and sojourners, and not as incor,
| porated elements OF our national LIE ana
| growth This experience may naturally sug-
2est a reconsideration of the sabiect as dealt
by ts II
rect circumspect recognition In the re-
newed negotiations OF the difficulties
problem. It may well be that, to the appre-
hension of the Chinese Government no less
than our own the simple provisions OF the
Buringame Treaty may need to be replaced
by more careful methods, securing the Chi
nese and ourselves against a larger ana more
rapid infusion of this foreign race than oui
| own system of industry and society can take
| up and assimilate with ease and safety. Thi:
ancient Goyer1ment ruling Up po5hG hgb ana sees,
of national pride, may properly desire an ad
justment OF their relations with us. which
| would in all things confirm and In no degret
endanger, the permanent peace and amitil
| and q owing commerce and prosperity which
it has been the object and effect OF our exist
ing treaties to cherish and perpetuate.
| / regard the very grave discontents of thu
people of the Pacific States with the presen
working of Chinese immigration, and thef
still graver apprehensions therefrom in fI
ture, as deserving of the most serious atten
ton of the people OF the whole country am am
: and the Executive. If this We're not my owl
Judgment, the passage Of this bill by boti
the seriousness OF the situation, when ma
tority of the representatives of the people o
the whole country had thought 1t necessar
, 20 Justify so serious measure OF rel1ef.
The authority of Congress to terminate
, treaty with a foreign power. by expressin
the will of the nation no longer 20 aaneTe E>t,
= it. is as free from controversy under our Con
stitution as is the further proposition that tn
, power of making new treaties or mod1iyln
3 existing treaties is not lodged by the Constl
D tuition in Congress, but in the President, b
and with the advice and consent OF th
thirds of that body. A denunciation OF
: treaty by any Government Is eoniesseal u
= justihable only upon some reason both OF th
| highest Justice and of the highest necessit.
:, The action of Congress in the matter OF th
French treaties in lI9s, II 1t be regarded as AZ
, | ropation by this nation of the subsistin
!, treaty, strongly illustrates the character an
: | degree of Justification which was the
d | thought suitable to such a proceeding
a The bill before me does not en1oin upo
the President the abrogation OF the entii
BurIingame Treaty, much less of the prime
pal treaty of which it is made supplemental
As the power of modifying an existing treat.
. whether by addition or striking out proVI
}, ions is part of the treaty making power VI