Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-03-06
mr. Pacific States az ,,rga noo,, the attention

ment under the actual cor ditions of things
which prompted the Burlingame treaty, was
adequate protection, under solemn and definite
guarantees of the treaty, of the Chinese
already in this country and those who shall
seek our shores. This was the object, and
forms the bject of the sixth article by whose
i reciprocal engagement the citizens and sub
fleets of two governments, respectively, visit
ing or residing in the country of the other, are
| secured the same privileges immunities or ex-
emptions there enjoyed by the citizens or sub
jects of the most favored nation.
The treaty of 1858, to which these articles
are made supplemental, provides for a great
amount of privilege and protection, both of
person and property, of American citizens in
China, but upon the sixth article that main
body of the treaty rights and securities of the
Chinese already in this country depends. Its
abrogation, were the rest of the treaty left in
force, would leave them to such treatment as
1--we shall voluntarily accord them by our laws
and customs. Any treaty obligation would be
wanting to restrain our liberty of action to-
wards them, or to measure or sustain the right
of the Chinese government to redress in their
| behalf.
The lapse of ten years since the negotiation
| of the Burlingan,e treaty has exhibited to the
notice of the Chinese government, as well as to
our own people, the working OF this expert
ment, of the immigration in great numbers of
| Chinese laborers to this country, and their
| maintenance here of all the traits of the race,
| religion manners and customs, habitatlOn,
mode of life, segregation here and the keeping
up of the ties of their original home, which
stamp them as strangers and soJouners, and
not as incorporated elements of our national
life and growth. This experience may natur
| ally suggest reconsideration of the subject as
dealt with by the Burlingame treaty and may
| properly become the occasion.
A more direct and circumspect recognition
in renewed negotiations of the difficulties sur
rounding this political and social problem may
| well suggest themselves to the Chinese govern
ment no less than our own. The simple pro-
visions of the Burlingame treaty may need be
replaced in more careful methods securing the
Chinese and ourselves against larger and more
rapid infusion of this foreign race than our sys-
tenn of industry and society can take up and
assimilate with ease and safety.
| This ancient government ruling polite and
sensitive people, distinguished by high sense
| of natural pride, may properly desire adj ust-
| ment of their relations with US which would in
isaH things conform and in no degree endanger
permanent peace and amity, and the growing
| commerce and prosperity which it has been the
| object and effect of our existing treaties, to
| cherish and perpetuate.
A denunciation of a treaty by any govern
ment is confessedly justi6able only on some
reason both of the highest justice and of the
highest necessity. The action of Congress in
the matter of the French treaties in 1913, if it
be regarded an abrogation by this nation of
the subsisting treaty, strangely illustrates the
character and degree of the Justification which
was then thought suitable to such proceedings.
The preamble of the act recites that the treat
les concluded between the United States and
France have been repeatedly violated on the
part of the French government and just claims
of the United States for reparatlon of injuries
so committed have been refused and their at
tempts to negotiate an amicable ad justmcnt of
all complaints between the two nations have
been repealed with indignity, and that under
authority of the French government there Is
yet pursued against the United States sys-
TEN of predatory violence, infractng said
treaties and hostile to the rights of free and
independent nation.
The enactment, as a logical consequence of
these recited facts, declares that the United
States are of right freed and exonerated from
the stipulations of the treaties of the consular
convention heretofore concluded between the
United States and France, and that the same
shall not henceforth be regarded as legally OBJ
ligatory on the government or citizens of the
United States.
The history of the government shows no
other instance of the abrogation of a treaty bv
Congress. Instances have sometimes occurred
where the ordinary legislation of Congress has
bV its conflict with some treaty obligations of
the government, toward q foreign power, taken
effect as an infraction of the treaty, been gen.
orally declared to be operative to that result,
but neither such legislation such judicial
sanction of the same has been regarded as an
abrogation even for the moment of the treaty.
On the contrary, the treaty in such cases still
subsists between the governments, and casual
infractien is repaired by appropriate satisfac
ton in maintenance of the treaty.
The Importance, however, of this specia
consideration seems superseded by the prin
ciple that a denunciation of part of the treaty
not made by the treaty itself separable from
the rest, is dennnciation of the whole treaty
As the other high contracting party has enter
ed into no treaty Obligations except such as in
clude the part denounced the denunciation o.
no party of the part necessarily iberates the
ether party from the whole treaty.
The bill before me does not enjoin upon thu
President the abrogation of the entire Bur
lingame treaty, much less of the principa
treaty, of which it is made supplement. Al
{ the power of modifying an existing treaty
whether by addition or striking out provis
= IONS is part of the treaty-making power un
: der the constitution, its exercise is not compe
| tent for Congress, nor would the assent of Chi
: ma to this partial abrogation of the treaty max
the action of Congress in thus procuring al
4 amendment of the treaty be competent ex
: ercise of authority under the constitution.
e am convinced that whatever urgency nigh
e in any quarter or by any interest be suppose'
to require the instant suppression of furthe
/ immigration from China, no reason can requir
: the immediate withdrawal of and treaty pro
q lection of Chinese already in this country, an
b no circumstances can tolerate an exposure o
: our citizens in China, merchants mission
: aries, to the consequences of SO sudden an abro
cation of their treaty protection.
a The very grave discomfort of the people o
e the Pacific States with the present working o
o Chinese immigration, and their still graver ar
e prehensions theretrom in the future, is deserV
l. ing the most serious attention of the people O
> the whole country, and the solicltous interes
n on the part of Congress and the executive.
J. this were not my own judgment the passag
5, of this bill by both Houses of Congress woul
n impress on me the seriousness of the situation
r When the majority of the representatives c
Is the people of the whole country had thought
e necessary TO justify so serious a measure of n
,e lief, the authority of Congress to terminate
" treaty with foreign power, by expressing ii
,e will of nation no longer to adhere to it, is
.e free from controversy under our constitution
y the further proposition that the mower of NAL
d ing new treaties, or modifying existing treatie
is not lodged by the constitution in Congress
= but in the President, by and with the consel
= of the Senate, as shown by the concurrence
~ two-thirds of that body.
~ fortunately, however, the actual recession
~ the flow of immigration from China to Il
- Pacific coast, shown by trustworthy statistic
10 relieves us from any apprehension that trea
~ ment of the subject in the proper course
!. diplomatic negotiations will introduce al
- - feature of discomfort or disturbance among q
81 communities directly affected.
=, Were such delay fraught with more inco
e veniences than have ever been suggested
the most earnest in promoting this Legislation
bo cannot but regard the summary disturbanc
= of our existing treaties with China as great
more inconvenient to the much wider and me
"A permanent interests of the country.
= / have no occasion to insist upon the mo
-, general considerations of the interest and dut
~ which sacredly guard the faith of the nation
-, whatever form of obligation IL may have be
~ given. These sentiments animate the delib
6a ations of Congress and pervade