Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-03-03

confer naturalization upon the subjects o
China in the United States.
An examination of these two articles in thi
light of the experience then influential in sug
costing their necessity, will show that the 5tl
article was framed in hostility TO what seem
ed the principal mischief to be guarded
against, to wit: the Introduction of Chinese
laborers by methods which should have the
character of a forced and servit importation.
and not of a voluntary emigration of free
man seeking our shores upon motives and in
a manner consistent with the system of our
! institutions, and approved by the experience
of the nation.
PROFESSIONALLY the adhesion of the govern
ment of China to these liberal principles O
freedom in emigration, with which we are sc
familiar, and with which we are well satisfied
was great advance toward the opening OF
that Empire to our civilization and religion
and gave promise in the future of great prac-
teal results in the diffusion throughout that
| great population of our arts and industries,
our manufactures, our national improve
ments and the sentiments of government of
religion, which seems to us so important to
! the welfare of mankind.
The first clause of this article secures this
acceptance by China of the American doe
trine Of free emigration to and from among
! the people and races of the earth
! Inc second clause, however, in its reproba-
ton of any thing other than entirely volun-
tary emigration by both the higher contract
ing parties, and in the reciprocal obligation
whereby were secured the solemn and un-
qualified engagement of China ito pass laws
making it a penal offence for citizen of the
United States or Chinese subjects, to take
Chinese subjects either to the United States
or to any other foreign country, without their
free and voluntary consent constitutes the
great force and value of this article Its i'm
portance. both in principle and in its practi-
cal service, aiiording our people protection
! against servilc importation in the guise OF
immigration, cannot be over estimated. 1t
commits the Chinese government to active
ana efficient measures to suppress this iniqui-
! tOus system where those measures are most
necessary and can be most etfectual.
IL gives TO this government the footing of a
treaty right 10 such measures and the means
| and opportunity of insisting upon their adop-
tion and VI complaint and resentment at their
neglect. The fifth article therefore if it fall
short of what the pressure of the later ex-
periencc of our Pacific States may urge upon
the attention vt this government as essential
to the public welfare seems to be in the right
direction and to contain important advantages
which once relinquished cannot be easily re-
covered.
The second topic which interested the gov
eminent under the actual condition which
prompted the Burlingamc treaty was adequate
protection under the solemn and definite
guarantee of a treaty of the Chinese already
in this country and those who should seek
our shores.
This was the object and forms the subject
of the sixth article by whose reciprocal en-
gagemCnt the citizens and subjects of the two
governments respectively visiting or residing
in the country of the other are secured the
same privileges, inimunities or exemptions
there enjoyed by the citizens or subjects of
the most favored nations.
The treaty Of 1855 to which these articles
made supplement, provide for a great
amount of privilege and protection both of
person and property to American citizens in
China, but it is upon this sixth article that
the main body of the treaty, rights and sure
ties of the Chinese already in this country
depend.
The abrogation were the rest of the treaty
to remain in force, would leave them to such
treatment as we should voluntary accord
them by our laws and customs. ANY treaty
obligation would be wanting to restrain our
liberty of action toward them to measure OF
sustain the right of the Chinese government
to complaint or redress in their behalf.
The lapse of ten years since the negotiation
of the Burlingame treaty has exhibited to the
notice of the Chinese government as well as
to our own people, the working of the exper-
iment of immigration in great numbers of
Chinese laborcrs to this country and their
maintenance here Of all the traits of races,
religion, manners and customs, habitation,
mode of life 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 life and
growth.
This experience may naturally suggest the
reconsideration of the subject as dealt with
by the Burlingame treaty, and may properly
become the occasion of more direct and cir
cumspect recognition in renewednegotiations
OF the difficulties surrounding this political
and social problem.
1t may well be that TO the apprehension of
the Chinese government no less than our own
the simple provisions of the Burlingame
treaty may need to be replaced by more care
full methods, securing the Chinese and our
selves against a large and more rapid infu-
sion of this foreign race than our own system
of industry and society can take up and as
simulate with ease and safety. This ancient
government ruling polite and sensitive peo-
pie distinguished by high sense of national
pride, may properly desire an adjustment of
the relations with us which would confirm in
degree and auger the permanent peace and
amity and the growing commerce and pros
perity which it has been the object and the
effect OF our existing treaties to cherish and
perpetuate.
regard the very grave discomfort Of the
people of the Pacific States with the present
working of the Chinese immigration, and
their still graver apprchensions therefrom in
the future as deserving the most serious at
tenton of the people OF the whole country,
and a solicitous interest on the part of con-
gress and the executive. If this were not
my own judgement the passage of the bill by
both houses of congress would impress upon
me the seriousness of thes situation when a
majority of the representatives of the people
of the whole country had thought it necessary
TO justify so serious u measure of relief.
The authority OF congress to terminate a
treaty with foreign power by expressing the
will Of the nation no longer to adhere, is rs
free from controversy under our constitution
as is the future proposition that the power of
making new treaties or modifying existing
treaties is not lodged by the constitution in
congress but in the president by and with the
advice of the senate, AS shown by the concur