Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-06
The Presidents Message Vetoing the
Chinese Immigration. Bill.

text of the President message TO the house oil
Representatives, vetoing the bill to restrict
Chinese immigration
To THE HOUSE OF REPRESENTATIVES,: After .
very careful consideration of House bill
24SS, entitled San act to restrict immigration
of Chinese to the United States" L herewith
return it to the House of Representatives, in
which itoriginated, with my objections to its
passage. The bill as it was sent to the Senate
from the House of Representatives, was con-
fined in its provisions to the object named in
its title which is that of ian act to restrict the
immigration of Chinese TO the United States
The only means adopted to secure the proposed
object was limitation in the way of the number
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 bat little
short of its absolute exclusion. - E
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 i've and six of the treaty with
China, commonly called the Burlingame
treaty. of which ratification was exchanged at
Picking, Nov. %, 1859.
This act reciues as the occasion and motive of
1IS n6gOClAUlOn ny tue TWO IudL
since the conclusion of the treaty between the
United States of America and Ia Using, empire
of China, of 18th of june 1853, circumstances
have arisen showing the necessity of additional
articles thereto, and proceeds to an agreement
as to such additional articles. These negotia-
tions therefore, ending by signature of addl-
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
1.-THE United States of America and the Using
Empire, desiring to maintain firm, lasting
and sincere friendship, have resolved to renew
in a manner clear and positive, by means of a
treaty or general convention of peace, amity
aud commerce, the rules which shall in future
be mutually observed in the intercourse of
their respective countries" and proceeds in its
S0th article to lay out a 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 i'll 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 inure to the benefit of the United States
its public officers, merchants and citizers."
Against this body of Populations in ouI
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 as follows: There
shall be, as there always have been, peace and
friendship between the United States OF
America and the Ia Using empire, and between
their people respectively. They shall not in.
suit or oppose each other for any triHing cause
SO as to produce estrangement between them
and if any other nation should act I'M Justly OF
oppressively the United States will exert theil
good offices, ON being informed of the case, tC
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.
BILE chance immigration, and the advantages
and inconvenience felt or feared therefrom hao
become more or less manifest, but they dictated
no stipulation on the subject 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
ahod ia nj
own country in China to assume that of thu
Chinese empire in the United States, and Eu
ropean nations. By this time the factsof Chi
nese immigration, and its nature and influence
present and prospective, had become NOR
noticeable and were more observed by the popu
lation Immediately affected, and by the govern
The principal feature of the Burlingam
treaty was its attention TO and its treatment o
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
pirality to emigration, our fearless liberty o
citizenship, our equal and comprehensive jus
tice to all inhabitants, whether they abjure
foreign nationality or not, our civil freedom
and our religious toleration had made al com
ers welcome, and under these projections tn
Chinese in considerable numbers had mad
their Judgment upon our soil.
The Burlingame treaty undertakes to des
with this situation, and its fifth and sixth art
Giles, embrace its most important provisions i
this regard, and the main stipulations in whic
the Chinese government has secured an obligs
tory protection of its subjects within our teri
tory. They read as follows
Article Five-The United States of Americ
and the emperor of China cordially recogni2
the inherent and inalienable right of man I
change his home and allegiance and also tt
mutual advantage of free emigration and in
migration of their citizens and subjects r
nS,-rT g. 3D.
the purpose of curiosity or trade, or as perm
nent residents. The high contracting partie
therefore, join in Reproduction of any other tina
entirely voluntary migration for these pu
poses. They consequently agree to pass Law
making it penal offense for citizens of I'll
United States, or Chinese subjects, to tai
Chinese subjects either to the United States
to any other foreign country, or for a Chine
subject or citizen of the United States to tai
citizens of the United States to China or to ar
other foreign country, without their free ar
voluntary consent respectfully. r rr
Article Citizens of the United States visi
ing or residing in China shall enjoy same pri
ileges, immunities or exemptions in regard
travel or residence as may there be engaged
citizens subjects of the most favored natio
and re ciprocally, Chinese subjects visiting
residing in the United States shall enioy t
same privileges, -immu nities and exemption
in respect TO residences or travel as may the
pc enJoyeu Dy clLlzenS OF suDJects OF the me
favored nation. But nothing herein contain
shall be held to confer naturalization up
citizens Of the United States in China, or
subiectsof China in the United States. $.
An examination of these two articles in t
light of experience, then influential in sugge
ing their necessity, will show that the fifth
ticle was framed in hostility to what seem
the principal necessity to be guarded again
to-wit: the introduction of Chinese laborers
methods which should have character of
vored servile importation and not of volunt.
emigration of free men seeking our shores
natives and in n manner Conaiafnnt with