The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1879-02-20

bIlPSTOI Oi CulDd anu say LDaJ IQe exD6-
perlence of the nation and of the world
since that time has convicted US of the
error of that profession, and that not
withstanding the mistake under which
we entered into the contract at that time
we desire to make the correction with
their consent, as with their consent we
entered into it.
Suppose, Mr. President, this were a
treaty with Great Britain suppose it
were treaty with France or Germany or
any other fighting nation suppose it
were treaty with Christian nation and
not with pagans and heathens would it
be consistent with the obligations of in
ternational law, would it be consistent
with the courtesy that prevails in inter-
| national intercourse, would it be consist
ent with our own self respect, would it be
consistent with that wholesome fear
which every man and people have when
they are on the brink and verge of doing
that which they are conscious to be
wrong, that we should approach them in
any other way than by the peaceful way
of amicable negotiation Would we dare,
in the face of the opinion of the civilized
world and in the fear Of the consequences
of exciting the Indignation and just anger
of a proud and high spirited people, be
guilty of this act af Punic faith, repudiat-
ing the obligations of treaty, without
the ordinary and poor politeness of Civ
ing an antecedent notice of our intention,
much less soliciting the consent which
binds nations by moral obligation as
strong, as high, as great, as those which
affect the consciences of private individ-
| uals?
We have the constitutional power to
do this thing, Mr.. President 1 do not
question that. We have the right by
law to repeal any other law and we have
the power by law to violate all our treat
les; and when it has passed into the
form OF an enactment and received the
sanction of the whole law-making power
of the body-politic, it is then the binding
law of the country but it is law never
theless in breach of treaty and in vio-
lation of solemn and plighted faith.
Whenever we wish to make war we
break treaties of peace; and doubtless
there are occasions when the cause and
provocation are sufficient and when the
emergencies of selfpreservation and de-
fense are so great as that we are morally
justified in throwing off the shackles of
an obligation which ought in morals no
longer to bind US. But is that this case?
Has anything been done by the govern
ment of the Chinese Empire or by the
people and inhabitants of that country
in derogation of this treaty and in viola
tion of our rights under it?
1t is alleged, as l understand, in me-
mortal of the Legislature of the State of
Oregon, that such is the fact. If so, then
the natural suggestion of the occasion is
to make the proper representation to
| that government for q redress of that
wrong Ii Chinese emigration has been
carried on not in conformity with the
letter and spirit of this treaty, but in vi
olation of its terms, we have remedy
unoer the treaty, and not by abrogating
it. We have the ordinary remedy of ap-
pealing to the empire itself to put in
execution preventive measures, or by
passing laws of our own to execute the
treaty, but not to break it; to exact its
performance, but not to destroy its obli-
cation; to compel those who come to
only as they are permitted to come,
and not as they are brought.
This body, as one of the two co-ordi-
nate branches or the Government charg-
ed by the Constitution with the negotia-
ton and ratification of treaties, at its
last session in this Congress adopted a
resolution requesting the Executive, to
whom that duty specially belonged, to
institute and originate negotiations look
ing to notifications Of the treaty, if mod
ifcations be needed, in order to arrest
and prevent the evils that may naturally
spring up under it. For aught we know
these negotiations may be in progress
this day. For aught we know they may
have resulted or may result in all that
we desire
Mr.. Morgan. Will the Senator allow
me to ask him a question
Mr.. Matthews. Certainly.
Mr.. Morgan. would ask the Senator
if he has any information that such ne
gotiations are in progress or have result
ed in anything?
Mr.. Matthews. My answer to that is
that have not and if l had would
not be at liberty to disclose it here.
Mr.. Hamlin. If my friend from Ohio
will allow me
The Presiding Officer (Mr. Eaton in
the chair.) Does the Senator from Ohio
give way again
Mr. Matthews. l yield to the Senator
from Maine
Mr.. Hamlin Though l might have
stated it perhaps more appropriately fur
ther on, L am authorized to say that there
have been conferences between our Gov
ernment and the present embassy with
the view of carrying out the precise OBJ
iects named in the resolution to which
the Senator from Ohio has referred
Mr.. Sargent Will the Senator allow
me moment?
Mr.. Morgan 1 desire to say, as a
member of the Committee on Foreign
Relations
Mr.. Matthews. One at time
Mr.. Morgan. AS a member of the Com
mittee on Foreign Relations l desire to
say that l have not received any informa-
ton that the President of the United
States and the Secretary of State were at
all averse to devolving upon Congress the
solution of this question by law.
Mr.. Matthews. Nor, Mr. President.
have | had any intimation, nor to my
knowledge has any Senator had any init
nation, from the Executive as to the
propriety of the passage of any law and
whenever it comes l will repudiate and
reject that as q matter beyond its prov
ince.
Mr.. Sargent. l should like the Sena
tor to allow me to supplement the state
ment which the Senator from Maine
says he is authorized to make | suppose
he is also authorized to state, or the truth
would authorize him to state, that the
embassy rejected any proposition to re-
view that treaty. | feel authorized to
state that fact
Mr.. Matthews Mr.. President | do
not know by what authority the Senator
from California speaks on such ques-
ton He has exhibited no credentials,
of which l am aware, that authorize him
to disclose the proceedings of the State
Department in the conduct of its nego-
tIatlons with foreign power. Such in
formation is usually communicated to
the Senate upon request, but only when
in the opinion of the Executive it may
be made public without prejudice to the
public interests. No such information
has come to my ears and it is matter of
no consequence to my argument. What
| was stating was simply this, that this