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

has by its conflict with some treaty obliga-
lions of the government towards q foreign
power taken effect as an infraction of the
treaty and has been judicially declared to be
operative of that result, but neither ouch leg
isiation nor such judicial sanction Of the
same has been regarded a. an abrosstion
even for moment of the treaty.
On the contrary the treaty in such cases
still subsists between the governments and
the casual infraction is repaired by appro-
pirate satisfaction in the maintenance Of the
treaty.
The bill before me does not enioin upon
the president the abrogation of the entire
Buriingame treaty, much lees Of the princi-
pal treaty of which it is made the supplement
as the power Of modifying an existing treaty
whether by addition or striking out the pro-
visions In part of the treaty making power
under the constitution. Its exercise is not
competent for congress, nor would the assent
of China to this partial abrogation of the
treaty make the action Of congress in Thus
procuring an amendment Of treaty compe-
tent of the exercise of authority under the
constitution. The importance, however, of
this special consideration seems superseded
by the principle that a denunciation Of part
of treaty not made by the terms of ths
treaty itself separable from the rest in a de-
nunciation of the whole treaty.
As the other high contracting party has en-.
tered into no treaty obligation except such a.
include the part denounced, the denunciation
by one party necessarily liberates the other
party from the whole treaty. am cow inctd
that whatever urgency might in any quarter
or by any interest be supposed to require an
instant suppression of further immigration
from China. No reasons can require the i'm
mediate withdrawal of our treaty protection
OF the Chinese already in this country, and
no circumstances can tolerate an exposure of
our citizens in China, merchants or mission
AIRY, 10 the consequences Of so sudden abrc-
cation of their treaty.
Fortunately, however, the actual recession
in the flow of the immigration from China to
the Pacific coast, shown by Trustworthy sta
tstcs, relieves us from any apprehension
that the treatment of the subject in the prop
er course of diplomatic regulation will intro
duce any future of discomfort or disturbance
among the communities directly affected.
Were such delay fraught with more incon-
venienccs than have ever been suggested BY
the interests most earnest in promoting this
legislation. / cannot but regard the sum-
mary disturbance of our existing treaties
with China as greatly more inconveuient to
the much wider and more permanent interests
of the country.
have no occasion to insist upon the more
general considerations of the interest and du-
ty which sacredly guard the faith of the na-
ton in whatever form of obligation i. may
have been given.
These sentiments animate the deliberations
of Congress and pervade the minds Of our
whole people. Our history gives little &C.
casion for any reproach in this regard, and in
asking the renewed attention of Congress to
this bill, am persuaded that their action
will maintain the public duty and the public
honor.
(Signed) r. b. HAYES.
Executive Mansion,
March |, 1879.