New-York tribune., 1879-09-30
C1LIEuRNI.rS TROEBLE.

In the Sprlng or 1919 10 less thul lNo uothl't
bills we're actively urged in Congress, having the
general purpose Of relieving California from Chi
nese immigration. They all faicd apparently
under the objection that modification of the Bur-
lingane Treaty must. in common honesty, bc nego-
tiated with the Chinese Government before Con-
qress could legislate to exclude Chinese subjects.
For that Treaty very explicitly recognizes that free
migration from either country the other is desr
able and assures, set terms, to the subjects Of
each residing in the other all privileges accorded
there to persons from the nations most favored.
The Nation is unde: contract that California shall
allow the Chinese all privileges which English,
Irish. French or German immigrants enjoy.
A renewal Of tie discussion in Congress,
Mt an early day, and under conditions
somewhat new. is strongly focshadowed. The
effort made in 1873, falling to procure an act re-
suited in recommendation that the State Depart
meut would procure modification OF the treaty.
What attempt or progress has been made in any
saeh endeavor may not be fully known. Rumor, how
over. saws the Chinese Government would willingly
abandon the mutual migration policy, and even re-
call her snhocts domcied here, if the United states
will do the same but that commercial interests in
the United states are by agreed n willing
ness u renquish the advantages OF trade with
China and residence there which the Treaty assures
10 our people.
Meantime a new and emphatic assertion of the
exclusion policy has been made in California. The
new Constitution dating this year, forbds that
any native of China shall ever exercise the
privileges of an elector; aud devotes an en-
fire article TO the question how to get rd OF JohD
1t commands tho Legislature to protect the state
from the incoming of these foreign vagrants, pau
pers and criminals and to impose conditions on
their coming erremaning and provide for their re-
g flo re- % r.
poration can employ in any capacity Chnaman !;
nor can hc serve on any description OF public works
And the Legislature is directed to pass laws which
will enable cities and towns to cast out the Chinese
who have already, come. and prevent the arrival of
any more. Upon the other hand, there is series OF
decisions in the Federal Courts developing steadily
and firmly the view that the whole subject Of Chi
nese immigration into any State belongs 10 Congress
TO regulate and IL regulated at least until Congress
shall explicitly declare otherwise, by the Burlin-
game Treaty. The coming of foreigners to this
country to reside is declared to be branch of
commerce with foreign nations, subject which
the Constitution ntrlsts exclusively to the National
Government And the right of the Chinaman to
work, unvexed by State laws to the contrary, for
any one willing to employ bin. is deduced very di-
rectly from the Treaty for the right t. live this
country implies say the judges, the right to earn
ones living. And these positions certainly have
some support from the acts of Congress which de-
clare that the right OF expairation is natural and
inherent right of all people, In recognition of which
our Government has freely received emigrauts from
all nations; aud that all persons shaih the
right in every State to make and enforce contracts
and TO have the full benefit of all laws for tie
security of persons and property. as Is enjoyed by
white citizens.
II is fortunate for the general interests of the
whole country that the subject must thus come be-
tore Congress for final decision for only thus can
due consideration Of tho advantages attamanle by
the commerce which the Treaty authorizes. com
pared with the inconvenonces of the iumigra tion
il sanctions, be attained. Trado with China, as well
as Justice 10 John" will doubtless claim hearing