Daily Los Angeles herald., 1881-01-20
The Chanese Treasies-ExplsnRtion
~ CEN, ,nnasulOuer 9wsss.


~ cemlnassionsr Swsss.
SAN FRANCISCO, Jan. 19th.-In
an interview to-day John +. Swift
reviewed ct considerable length
tho objections which have been
brought against the Chinese treaty.
The first article has been attacked
because It fails to.prohibit the i'm.
migration Of Chinese lAcorers,
merely reserving the right to regu-
late, limit or suspend such immi-
grafton. Mr.. Swift explains that
the words have reference solely to
time; that the i'm migration Of la
borers may be entirely stopped for
any specific length of time, but
that the Chinese Commissioners
were averss to committing them
selves to the proposition that 1t
might be stopped absolutely for all
time to come. The word laborers
includes all kinds of artizans or
merchants. This was expressly
understood, ms the Chinese at fret
desired to except all but unskilied
lsborers, which proposition
was successfully combAtted
by our Commissioners. 1t has also
been objected that, under the word
ing Of article two, Chinese laborers
now residents In this country may
come and 60 ut their pleasure.
This, Mr.. Swift admits, is the cor.
rect construction of the clause, but
holds that it is within the pro vince
of Congress to take such steps, by
demanding the production Of GER
ti6cate or such other means as will
effectually prevent the influx of a
new lot of laborers In evasion of
the spirit of the treaty. Much OPP
position has also been made to the
clause In the third article by which
Chinese residents Of the United
States are guaranteed the same
rights, privileges, immunities and
exemptions as may be enjoyed by
citizens or subj ects Of the most fA-
vored nations and to which they
are entitled by treaty. This, it has
been claimed, has the effect to en-.
title the Chinese to naturalization.
Mr.. Swift explains that there is
absolutely no ground for argu ment
on this point; that nothing Is more
clearly established than the fact
that the whole question Of natural.
ization is strictly within the con.
troll of Congress-; that the subjects
Of no foreign nation, black, white
or red, have any right, inherent or
acquired by treaty, to naturali2a.
tion In the United States, and that
1lA 81 "A
treaty excluding the Chinese from
naturalization, was unnecessary
and nonsensical. AS to article 4,
which has been by some construed
to mean that any legislation on
subjects connected with the treaty
must, before gaining validity, be
submitted to the Chinese Govern
ment for approval, Mr.. Swift ex.
plains that it simply confers upon
the Chinese Minister the right
to complain il he thinks
such legislation is likely
to bear hardly upon his country-
men. The Chinese CommIssi oners
did wish to have the clause SO read
that legislative measures might be
subject to Chinese objections be-
fore going into force, but the Com.
mIssioners promptly repudiated
any possibility Of such provision,
and the article was amended to Its
present condition. AS to the right
of complaint by Chinese officials,
that is inherent and indefeasible,
and II 1t does them any good to see
1t recognized In the treaty it can dc
US no harm. Mr.. Swift concluded
by eayiug that the treaty was al
near to the wishes of California al
the Chinese government Wpplif " hi
probAbi1fty, worse fortune woult
follow an attempt to better it BY
further negotiation; that tn,
treaty is not statut0ryin its natur,
but 10 simply designed to clear tn,
way for unimpeded Congressiona
action.
Damage by Fioods In OscgoR.
SAN FRANCISCO, Jan. 19th.-Tel
egraphic communication will
Portland has been reOpened, after
weeks Interruption by storms
Heavy rains have prevailed an
the Willamette river has over
flowed its banks, flooding a larg
section of country. In POrtiant
the lower part of the town is flood
ed and the damage is estimated q
forty to fifty thousand dollars. tn
railroads have suffered from wash
outs and some bridges have beeI
carried away. The total da mag
In the valley is estimated ut owe
5000. .OCO.