The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1879-03-02

pressing the will of the nation no long
er to adhere to 1t, Ia as free from con-
troversy under our constitution, as is
the further proposition that the power
of making new treaties, or modifying
the existing treaties, is not lodged by
the constitution in congress, but in the
president, by and with the advice and
consent Of the senate, as shown by the
concurrence of two-thirds of that body.
A denunciation of treaty by any gov
ernment Is confessedly iustifiable only
upon some reason, both OF the highest
necessity. The action Of congress in
the matter of the French treaties in
1T9S, If it be regarded as an abrogation
by this nation of the subsisting treaty,
strongly illustrates the character and
degree of justification which was then
thought suitable to such proceeding.
The preamble of the act recites that
"The treaties concluded between the
United States and France have
been repeatedly violated on
the part of the French
government; the just claims Of
the United States for recognition for
the injuries SO committed have been re-
fused, and their attempts to negotiate
an amicab.e adjustment of all COM
plants between the two nations have
been regarded with indignity, and that
under authority of the French govern
ment there is yet pursued against the
United States a system of predatory
violence, infracting the said treaties,
and hostile to the rights of free and
independent nation. The enactment,
as logical consequence of these re-
cited facts, declares that the United
States are of right freed and exonerated
from the stipulations of the treaties
and of the consular convention here
tofore concluded between the United
States and France, and that the same
shall not henceforth be regarded us
legally obligatory on the government
or citizens of the United States.n The
history of the government shows no
other instance of an abrogation of a
treaty by congress. Instances have
sometimes occurred where the ordinary
legislation Of congress has, by its con-
fict with some treaty obligations of the
government towards foreign power,
taken effect as an infractIon Of the
treaty, and been judicially declared to
be operative to that result, but neither
such legislation nor such judicial action
has been regarded as an abrogation,
even for the moment of the treaty. On
the contrary, the treaty In snch case
still exists between the governments,
and the casual infraction is repaired by
appropriate satisfaction in the main
tenance of tile treaty.
The bill before me does not enjoin
upon the pr. Sl,l-nt the abrogation of
the entire Bulimga,ne treaty, much
less of tho principal treaty of which it
made the suppliment, as the power of
modifying an existing treaty, whether
by adding or striking out provision, ia
part of the treaty making power un-
der the constitution. Its exercise is
not competent for congress, nor would
the assent of China to this partial alb.
rogation of the treaty, make the action
of congress in thus procuring an
amendment of the treaty competent
exercise of authority under the consti.
tuition. The Importance, however,
of this special consideration seems to
be superseded by the principle that a
denunciation of part of a treaty, not
made by the terms of the treaty itself
separable from the rest, is denuncia-
tion of the treaty itself, rs the other
high contracting party has entered into
no treaty obligations except such as
include the part denounced. The de-
nunciation by one party of the part
necessarily liberates the other party
from the whole treaty. 1 am con
vinced that whatever urgency might il
any quarter or by any interest be sup
posed to require an instant suppression
of further immigration from China, nj
reason can require the immediat,
withdrawal of our treaty protection o
the Chinese already in this country
and no circumstances can tolerate al
exposure of our citizens in China
merchants OF missionaries-to the con
sequences of 30 sudden an .abrogatioI
of their treaty projections. Fortu
nately, however, the actual recession in
the flow of immigration from China t.
the Pacific coast, shown by Trustworthy
statistics, relieves us from any appre.
hension that the treatment Of the sub
ject, in the proper course Of negotia
tions, will introduce any new features
of discomfort or disturbance among tn,
communities directly affected.
Were such delay fraught with NOR,
inconvenience than have ever been sug
gested by the interests most earnest il
promoting this legislation, | cilnno
but regard the summary disturbance
of our existing treaties with China n
greatly more inconvenient to mucl
wider and more permanent interests o
the country. 1 have no occasion tt
insist upon the general consideration
of the interest and duty which sacredl.
guard the faith of the nation in what
avar form of nh1i0afion II NAV bo VI