The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1879-03-05

llgatlOns whereby we secure the solemn ana
unqualified engagement on the part Of the gov
eminent of China, to pass laws making it
penal Offense for citizens of the United States,
or Chinese subjects, to take Chinese subjects to
the United States or to any other foreign coun-
try, without their free and voluntary consent,
constitutes the great force and value of this
article. Its Importance, both in principle and
in it's practical service towards protection
against servile Importation in the guise of i'm
migration, cannot be overestimated. 1t COM
mands the Chinese government TO take active |
and efficient measures to suppress this iniqui-
GUS system where those measures most !
ecessary and can be most effectual.
Therefore, if the fifth article falls short OF |
what the pressure of the later experience of |
our Pacific States may urge upon the attention |
of this government essential to the public |
welfare it seems to be in the right direction and
relinq uished, cannot easily be recovered.
The second topic which interested the gov
ment under the actual conditions of things |
which prompted the Burlingame treaty, was
adequate protection, under solemn and definite
guarantees of the treaty, of the Chinese
seek our shores. This the object, and
forms the subject of the sixth article by whose
reciprocal engagement the citizens and sub
jects of two governments, respectively, visit
ing or residing in the country of the other, are
secured the same privileges, immunities or ex-
emptions there en- joyed by the citizens or sub
jects of the most favored nation.
The treaty of 1885, 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
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 Burlingane treaty has exhibited to the
| notice of the Chinese government as we'll 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 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
| we'll 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. &-.y
I This ancient government ruling polite and
sensitive people, distinguished by high sense
of natural pride, may properly desire adjust
| ment of their relations with which would in
all things conform and in no degree endangel
permanent peace and amity, and the growing
commerce and prosperity which it has been the
object and effect of our existing treaties, tc
cherish and perpetuate.
denunciation of 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 l708, If 1t
be regarded as an abrogation by this nation Of
the subsisting treaty, strangely illustrates tn
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 ant
France have been repeatedly violated on the
part of the French government and just claims
> of the United States for reparation of injurie
. | so committed have been refused, and their at
! tempts to negotiate an amicable adj ustmcnt o
f all complaints between the two nations hav'
, been repealed with indignity, and that unde
Il
q | vet pursued against the United States a sys
| TEN of predatory violence, lnfracting SAT-
= treaties and hostile to the rights of free ant
r Independent nation.
n The enactment, as logical consequence o
% these recited facts, declares that the Unite
), States are of right freed and exonerated fror
" the stipulations of the treaties of the consula
a. convention heretofore concluded between th
40 United States and France. and that the sam
d shall not henceforth be regarded as legally ol
ID ligatory on the government or citizens OF tt
ri | United States.
W The history of the government shows I
" other instance of the abrogation of a treaty
! Congress. Instances have sometimes occurrt
n where the ordinary legislation of Congress b.
lis by its conflict with some treaty obligations,
he the government. toward a foreign power, take
~ effect as an infraction of the treaty, been &c
II. orally declared to be operative to that resu
" but neither such legislation nor such judlc
re | sanction of the same has been regarded as
NJ abrogation even for the moment OF the treat
~ On the contrary, the treaty in such cases st
subsists between the governments, and cast
ne infraction is repaired by appropriate satisf'
of ton in maintenance of the treaty.
M The Importance, however, of this spec
m consideration seems superseded by the pr
~ ciple that denunciation of part of the trea
If not made by the treaty itself separable fir
red As the other high contracting party has ent
om ed into no treaty obligations except such as
o m- olude the part denounced the denunciation
The no party of the part necessarily iberates
ade other party from the whole treaty.
The bill before me does not enjoin upon
ga, President the abrogation of the entire B
I'll lingame treaty, much less of the princi
!, in treaty, of which it is made a supplement-
ich the power of modifying an existing trea
oa. whether by addition striking out pro
ri ions, is part of the treaty-making power
der the constitution, its exercise is not con,
r;ca tent for Congress, nor would the assent OF I
i've ma to this partial abrogation of the treaty m
to the action of Congress in thus procuring
tho amendment of the treaty be a competent
i'm ercise of authority under the constitution.
re- am convinced that whatever urgency mi
FIR in any quarter or by any interest be suppo
ma to require the instant suppression of furt
los immigration from China no reason can req
ha,, the immediate withdrawal of and treaty
W. lection of Chinese already in this country,
owa no circumstances can tolerate an exposur
+hs our citizens in China merchants or miss
oLe aries, to the consequences Of SO sudden an a
. ~ CATION of their treaty protection.
nesa The very grave discomfort of the peopl
dc the Pacific States with the present working
anv Chinese immigration, and their still graver