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


WASHINGTON, March Tho dc facto Prcsl-
dent at 81 2. NJ. to-day sent the following mes
saRo to tho House OF Representatives. votoing
the bill restricting Chinese immigration;
To re Bouse Of Reprc~niance,i
After very careful consideration Of House
bill 2433. entitled AN Act to Restrict tho I'm
migration OF Chinese to tho United States"
herewith return 1t IN the House OF Representa-
tives. in which 1t originated. with my objections
10 its passage.
Tho bill ns 1t WINS scnt to the Senate from tho
House OF Representatives was confined in lis
provisions to tho object named in its title.
which In that OF AN Act TO Restrict tho
immigration Of Chinese TO the United
States" Tho only means adopted TO secure
the proposed object was the limitation
OF the number OF Chinese passengers which
might be brought to this country by any one
vessel to Gfteon and rs this number was not
fixed In any proportion to the sizo or tonnage
OF tho vessel or 10y any consideration OF the
safety or accommodation OF these passengers.
tho simple purpose and effect OF the enactment
were to reprcss this immigration 10 an extent
falling hut little short Of iis absolute exclusion.
The bill ns amended In the Senate and now pre-
ecnted to me includes an Independent and nd
ditonal provision. which aims at. and In terms
requires. tho abrogatiOn by this Government OF
articles 3 and Of the treaty with China. COM
monty called tho Burlingame treaty. through
the action OF the Executive cnjoned by this pro-
vision Of the net
The Burlingame trcnty. oi which the ratnca-
tons we're exchanged at Pekin. Nov %. 1869.
rpcitps ~ the occasion and motive ol Its negO-
tation by the two Governments. that " since
the conclusion OF the treaiy between the Y nited
States OF America and the Tn-Tsing Empire
tChinal OF the 18th OF June. 1858, circumstance
hive arisen showng the necessity OF additional
articles thereto" and proceeds 70 mn agree
ment IA to said additional articles. These me-
gotations therefore. ending by the signature
Of the additional articles On July 2S 1858 hus for
their object the completion of our treaty rights
and obligations toward the Government OF
China 10y the Incorporation OF these new arti-
clcs IA thenceiorth parts OF the principal treaty
to which they are made supplemental. Upon
the settled rules ot Interpretation npphcnblet 10
such supplemental negotiations. tho text OF tho
principal treaty and of these " additional ar
iices thereto" constitute one treAty from the
conclusion Of the new negotiations, in AL parts
OF equal and CONCURRENT iorte ana ohhE9tion
between tho two Governments, and to all IN
tents and purposes as II embraced in ono in
The principal irooiy. Of which tho ratinca-
/ tions were exchanged Aug. lb lo39, recitez that
! the United States oi Americannd the Th-Tsing
| Empire, des ring 10 maintain iirm. lasting. and
sincere friendship. have resolved 10 renew. in
| manner clear and positive. by means of a treaty
| or general convention OF peace, amity and
| commerce. the rules which shall in future be
| mutually observed In tne intercourse Of their
| respective countries" and proceeds IN It's thirty
! articles to lay out a careful and comprehensive
system for the commercial relations OF our
people with China. Tho main substance oi all
| the provisions ot this treaty Is To define and SCI
cure the rights of our people in respect
| in ana trade with China. Tho actual provis-
! ions In our favor in these respects werN framed
tobe and have been found 70 BE-. adequate aud
| appropriate To the interests 81 our commerce
| and bY the concluding article We receive
| the imporunt guarantee that should at any
| time the rA-Tsing Empire grant to any nation
| or the merchants or citizens OF any nation any
| right. privilege or favor. connected either with
| navigation commerce. political. or other inter
! course which is not conferred by. this treaty
| such right. privilege. and favor shall At once
| freely inure a. the benefit OF the United states,
ffg an
| Against this body II stipulations In our favor
ana thus pernnncnt engagement OF equ4liiy IN
! tinn=. the general promise Of permanent p"are
| and good ON res on our part seems tn ie tho
| only equivli"ni. For this the irat nrtc.e un-
| dcrtAkrs as follows:
There s,all &c., there have slwss. been. peace sud
l-irni.hir between te vuied states aui tle ~ ins
| Lmpru aud between Their people respectively lhel
s.! ,oi .uit aud oppr, - each Other ior any trHs
coy % an' .is,, o.. ~ ,u','. .,' n'Gu'", a. eDp r
lechus..
At the date Of the negotiation of this tr'oty
! our Pacific possea-ions hal attracted "a cor-ld-
/ cradle Chinese emigration, and tuc advantage r.
! and inuonyonruces felt or feared thcr"ir'm
! had lcr0me mora or more less manifest. but
| be- incorporated IN the treaty. The year lSoS
| was marked hy the striking oyont OF a suon-
| tana1us embassy from tho Chimes + pire.
| headed 10y an American cltiZ'n-Anson Bur
| hngamr--who had rrlinQuished his Diplomatic
assume that ~ the Chinese Empire 10 the United
| Stntes md the European n1tons. By this time
| the facts OF tho Chinese immigration Rnd It's
| nature nnd Influences. present ana pt, sprc-
| tive, had become more Noticeable. ana were
more observed by the population Immediately
| affected, and byrhis Government Tue prlnci-
! pal feature Of the Burlingamr treaty WAS It's
attention to and its treatment of the Chinese i'm
| migration and the Chinese, as forming. or rs
| they should form. "A part oi our population. Up
| To- this tlmc our uncoNenanted hospitality to
| emigration our fearless liberty Of citizcnsh 10.
| pnnnl and cOm urpnpuglyR IlStlpp 10 All IN
| hahtants whether they nhlured their foreign
| nationality or not our ciVil freedom ahd our re-
| ligious liberation. had made all comers well
| come. and under these projections the Chinese
| in considerable numbers had made their lodg-
| undertakes 10 deal with this situation. and its
| hlth and sixth articles embrace its most i'm
portant provisions in this regard. and the main
| stpulations in which the Chinese Government
has secured nm obligatory protection OF its sub
jects within our territory. They read as fol-
| lows:
ARTICLE Y Tho United States Of America and the I'm.
peror o Chna cordially recognize the Inherent and IN
glance and also i6e mutual sISS tasc OF irce mlrauon
ana tinsrhllnn o ueI cliIeh ana subjects respectively
oftraie, permanent residents. Tie high contract,
Az cuury voluntary emisrauop Tor trc,e purpose,
6fcHee ior ciilSn Of the United states or Chnr.9 sub
ccts to take Chimes subjects either TO the nltd states
Of zen Of the umed state, to take culcn, OF The
yi1bont tScir ee st Vol1nsrv consent
ARrIclE " Cuncns Of the United states wishing or re.
ties exemptions In respect 10 travel or residence as
there be enjoyed by the citizens subjects o the
most favored nation; and rcciWocHly Chne-e subjects
wishing residing In tho United states shall enjoy the
privileges, tmmuncs. exemptions In respect To
travel or residence be enjoyed by the citiens or
subjects al the most favored nations Bat nothing herein
contained shall be held TO confer naturalization upon
citizens Of the United states in China upon the sub
| Jects Of China IN the United States.
An examination OF those two articles, in the
light Of the experience then influential in sug-
costing their necessity" will show that tho
| NTH article was framed in hostility to what
seemed the principal mischief to be guarded
against to wit, the Introduction Of Chinese
laborers by methods which should have tho
character OF a forced and seryile importation.
! and not OF a voluntary emigration OF free men
| seeking our shores upon motives and in man
| ner cOnsonant with the system OF our institu-
tions and approved by tho experience Of the
| nation. Unquestionably the adhesion Of tho
| Government OF China to these liberal principles
| OF freedom in emigration with which we
were so familiar and with which we were so
well satisfied, was great advance toward open-
Ing that empire 70 our civilization and religion,
and gave promise In the future OF greater and
| greater practical results in the diffusion
throughout that great population OF our arts
| and Industries. our manufactures. our material
| improvements. and the sentiments OF govern
| mcnt and religion which seem to US so i'm
| pOrtant to the welfare OF mankind.
| The first clause OF this article secures this
| acceptance by China OF the American doctrine
| Oft ~ ia mud fro . "a