The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1879-03-06
EXECUTIVE VETO.
The Presidents Message Veroing the
Bill Restricting Chinese
immigration.

To the House of Representatives.:
After very careful consideration of House
bill 2,443, entitled Gan act to restrict the mmi-
grafton of Chinese to the United States" here
with return it to the House of Representatives
in which bodyit originated, with my objections
to its passage.
The bill, as it was sent to the Senate from
the House of Representatives, was confined in
its provisions to the object named in its title,
which is that of Gan act to restrict the immigra-
ton of Chinese to the United States" The
only means adopted to secure the proposed OBJ
ject was the limitation on the number of Chi
nese passengers which might be brought to this
country by any one vessel to fifteen, and, as
this number was not fixed in any proportion
to the size or tonnage of the vessel, or by
any consideration of the safety or accommo-
dation of these passengers the principle, pur-
pose and effect of the enactment were to
restrict this immigration to an extent falling
but little short of its absolute exclusion. The
bill as amended in the Senate and now present
ed to me includes an independent and addition
al provision which aims at and in terms re-
quires the abrogation by this Government of
Arts. 5 and 6 of the treaty with China,
commonly called the Burlingame treaty,
through the action of the Executive enioined by
this provision OF the act
The Burllngame treaty, of which the ratiica-
tons were exchanged at Pekin Nov. %, 1863
recltes as the occasion and motive Of it's
negotiation by the two Governments that
"since the conclusion of the treaty between the
United States of America and the Ia Using
empire (China) of the 18th june 1853, crcum-
stances have arisen showing thenecessity OF ad-
ditional articles thereto" and proceeds to an
agreement as to said additional articles These
negotiations, therefore, ending by the signature
of the additional articles July %, 1868, had for
their object the completion of our treaty rights
and obligations toward 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 the
settled! 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 negotiations in all
parts of equal and concurrent force and obi
cation between the two Governments and to all
lntents and purposes as if embraced in one
instrument
The principal treaty, Of which the ratifica-
tons were exchanged Aug. 16, 1850, rectes
that " The United States of America and the
Ia Using empire, desiring to maintain firm,
lasting, and sincere friendship, have resolved
to renew In manner clear and positive, by
means OF treaty or general convention of
peace, amity, and commerce, the rules of
which shall i'll future be mutually observed in
the intercourse of their respective countries"
and proceeds in its thirty articles to lay out a
careful ana comprehensive system for the
commercial relations Of our people with China
The main substance Of all the 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 Ill our favor i'll these respects
were framed to be, and have been found to be.
adequate and appropriate to tie inter
ests of our commerce, and by the
concluding article we receive the important
guarantee that should at any time the
Ia Using empire grant to any nation, the mer-
chants or citizens of any nation, any right,
privilege, or favor connected either with navi-
cation, commerce, political, or other intercourse
which is not conferred by this treaty, such
right, privilege and favor shall at once freely
issue to the benefit of the United States, its
public officers, merchants and citizens"
Against the body of stipulatlons in our favor
and this permanent engagement of equality i'll
respect OF all future concessions to foreign ma
tons, the general promise of permanent peace
and good offices on our part seems to be the
only equivalent. For this the first article I'M
dertakes as follows:
There shall be, as there have always been.
peace and friendship between the United States
of America and the TIA Using empire and be-
tween their people respectively They shall not
insult or Cypress each other for any tritling
cause, SO as to produce an estrangcment be-
tween them, and if any other nation should act
unjustly or progressively the United States will
exert their good offices, on being informed of
the case, to bring about an amicable arrange
ment of the question, thus showing their friend.
ly feelings"
At the date of the negotiation of this treaty
our Pacific possessions had attracted consid-
cradle Chinese immigration, and the advantages
and the Inconvenience feto feared therefrom
had become more or less manifest, but thew
dictated no stipulations on the subject to be
incorporated i'll the treaty. The year 1868 was
marked by the striking event of spontaneous
embassy from the Chinese empire, headed by
an American citizen, Arson Burlingame, who
had relinQuished his diplomatic representation
of his own country in China to assume
that of the Chinese empire to the
United States and the European nations
By this time the facts of Chinese imnli-
grafton and its nature, influence, present
and prospective, had become more noticeable
and we, Q more observed by the population inn
medately affected, and by this Government
The principal feature of the Buringame treaty
was its attention to and its treatment of the
Chinese immigration, and the Chinese as form
ing, or as they should form, part of our popu-
latlon. Up to this time our uncovenanted hos
pitality to emigration, our fearless liberty of
citizenship, our equal and comprehensive JUS
tice to all inhabitants, whether they abjured
their foreign nationality or not, our civil free
dom, and our religious liberation, had made all
corners welcome, and under these protec-
tons the Chinese in considerable numbers had
made their Judgment upon our soil. The Bur
ingame treaty undertakes to deal with this
situation, and its fifth and sixth articles en-
brace its most important provisions in this re-
gard, and the main stipulations in which the
Chinese Government has secured an obligatory
protection of its subjects within our territory.
They read as follows: .a
ART. 5. The United States Of America and
the Emperor of China cordially recognize the
inherent and inalienable right of man to change
his home and allegiance, and also the mutual
advantage of the free migration and emigration
Of their citizens and subjects respectively from
the one country to the other for purposes of
curiosity, of trade, or as permanent residents
The high contracting parties, therefore, join in
reprobating any other than an entirely volun-
tary emigration for these purposes. They con-
seouenty agree to pass laws making it a penal
otfense for citizen of the United States or
Chinese subjects to take Chinese subjects either
to the United States or to any other foreign
country or for a Chinese sui ie t or citizen of