Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-03
CALIFORNIA; CALAMITY.

lCALlFORNlA'S CALAMITY.
TETO OF THE ANTI-CRINESE BILL
BY THE ACCIDENTAL PRESIDENT.
WASHINGTON, March 1.-The following is the
text of the Presidents message to the House of
Representatives, vetoing the bill to restrict
Chinese immigration:
| To THE HOUSE OF REPRESENTATIVES: After a
very careful consideration of House bill
2,433, entitled San act to restrict immigration
| of Chinese to the United States" I herewith
return it to the House Of Representatives, in
which it originated, with my objections to its
passage. The bill as it was sent to the Senate
! from the House of Representatives, was con-
fined in it's provisions to the object named in
its title, which is that Of 'an act restrict the
| immigration of Chinese TO the Omitted States"
The only means adopted to secure the proposed
object was limitation in the way of the mum Der
of Chinese passengers which might be brought
| to this country by any one vessel to fifteen,
| and as this number was not fixed in any pro-
portion to the size or tonnage of the vessel, or
! by any consideration of safety or accommoda-.
ton of these passengers, the simple purpose
and effect of the enactment was to repress this
| immigration to an extent falling but little
short of its absolute exclusion.
The bill as amended in the Senate, and now
presented to me, includes an Independent and
additional provision, which aims at and in
terms requires the abrogation by the govern
ment of articles five and six of the treaty with
China, commonly called the Burlingame
| treaty." of which ratification was exchanged at
Picking, Nov. %, 1859.
This act recires as the occasion and motive of
| its negotiation by the two governments, that
since the conclusion of the treaty between the
United States of America and Ia Using, empire
of China, of 18th Of June, 1855, circumstances
have arisen showing the necessity of additional
| articles thereto, and proceeds to agreement
as to such additional articles. These negoti ia
t!ons, therefore, ending by signature of addi-
tional articles, July 20. 1868, had for their OBJ
ject the completion of our treaty rights and
obligations towards the government of China
by the incorporation of these new articles as
thenceforth parts of the principal treaty, to
which they are made supplemental upon set
tied rules Of interpretation applicable to such
supplemental negotiations.
The text of the principal treaty and of these
additional articles thereto constitute one
treaty, from the conclusion of the new negotia-
tions IN all parts of equal and current force and
obligation between the two governments, and
to all interests and purposeses as if embraced
in one instrument.
The principal treaty of which notifications
was exchanged August 16, 1859, recites that
''the United States of America and the Using
EN- pire, desiring to maintain firm, lasting
duu slICtIe friendship, nave Resolved 20 renew
In manner clear and positive, by means of
treaty or general convention of peace, amity
and commerce, the rules which shall in future
be mutually observed in the intercourse of
their respective Countries and proceeds in it's
3Oth article to lay out careful and comprehen-
sive system for commercial relations Of our
people with China.
The main substance of all provisions of this
treaty is to define and secure the rights of our
people in respect of access to, residence and
protection in and trade with China. The
actual provisions in our favor iu those respects
were framed to be and have been found ade-
quate and appropriate to the interest of our
commerce, and by the concluding article we re-
ceive the important guaranty THAT should at
any time the Ia Using empire grant to any ma
ton, or merchant 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 lnure to the benefit of the United States
its public officers, merchants and citizens"
Against this body of deputations in our
favor, and this permanent engagement of
equality in respect of all future concessions to
foreign nations. the general promise of per-
manent peace and good offices on our part,
seems to be the only equivalent, for this, the
first article, undertakes follows: There
shall be, as there always have been, peace and
friendship between the United States of
|
their people respectively. They shall not in
suit or oppose each other for any trihing cause
so as to prOd'lc estrangement between them
and if any other nation should act unjustIy or
oppressively, the United States will exert their
good offices, on being informed of the case, to
bring about an amicable arrangement of the
question, thus showing their friendly feelings"
At the date of the negotiation of this treaty
our Pacific possessions had attracted considera-
bic chance immigration, and the advantages
and Inconvenience felt or feared therefrom had
become more or less manifest, but they dictated
no stipulation on the subje O. to be incorporated
in the treaty. The year 1868 was marked by
the striking event of spontaneous embassy
from the Chinese empire, headed by an Ameri-
can citizen, Arson Burlingame, who had relin-
pushed his diplomatic representation of his
own country in China to assume that of the
Chinese empire in the United States, and Eu-
| ropean nations. By this time the facts of Chi
nese immigration, and its nature and influence,
present and prospective, had become more
noticeable and were more observed by the popu-
lation Immediately affected, and by the govern
ment.
The principal feature of the Burlingame
treaty was its attention to and its treatment of
Chinese immigration and the Chinese as form
ing or as they should form, part of our popu-
| lation. Up to this time our uncovenanted hos
pitality to emigration, our fearless liberty of
citizenship, our equal and comprehensive JUS
| foreign nationality or not, our civil freedom
| and our religious federation, had made all COM
| ers welcome, and under these projections the
| Chinese in considerable numbers had made
| their Judgment upon our soil.
The Burlingame treaty undertakes to deal
with this situation and it's fifth and sixth arti.
| cles, embrace its most important provisions in
| this regard and the main stipulations in which
| the Chinese government has secured an obliga-
tory protection of its subjects within our terri
tory. They read as follows:
Article Five-The United States of America
and the emperor of China cordially recognize
| the inherent and inalienable right of man to
| change his home and allegiance. and also the
mutual advantage of free emigration and i'm
migration of their citizens and subjects re-
spectively, from one country to the other for
| the purpose of curiosity or trade, or as perma-
| nent residents. The high contracting parties,
therefore, join in reprobation of any other than
entirely voluntary emigration for these pur-
| poses. They consequently agree to pass laws
making it penal offense for citizens of the
United States, or Chinese subjects, to take
Chinese subjects either to the United States OF
to any other foreign country, or for Chinese
subject OF citizen of the United States to take
citizens of the United States to China or to any
other foreign country, without their free and
voluntary consent respectfully.
Article six-Citizens of the United States visit
ing or residing in China shall enjoy same priv.
ileges, immunities or exemptions in respect to
travel or residence as may there be engaged by
!: citizens or subjects of the most favored nation
and re ciprocally. Chinese subjects visiting OF
residing in the United States shall enjoy the
same privileges, immnnities and exemptions
in respect to residence or travel as may there
be enjoyed by citizens or subjects of the most
favored nation. But nothing herein contained
Ioho hA hold $rRn