National Republican. (Washington City (D.C.)) 1872-1888, 1881-03-12
The Chinese Treaties aad NaturaIiza-
tinn

4
We have before called attention to the
fact that the pending treaty with China
proposes to guarantee to the subjects of
China in the United States all the priv
ieges enjoyed by the subjects of the most
favored nations. We have also shown
that when the Burlingame treaty of 1868
was under consideration clause in this
same language was SO amended as to ex-
clude naturalization from the privileges
| so guaranteed. It has seemed to us that,
the right of naturalization being con-
/ ferred by our laws on the subjects of some
nations, any sweeping favored nation"
clause, as it is called, in new treaty with
China would pledge our Government to
admit Chinese subjects to naturalization.
II has also appeared to us that the Senate
in 1868 gave similar construction to the
language when they voted in an amend
ment to neutralize such an implication.
We regret that our commissioners to
China who negotiated the pending
treaty did not follow this example
of abundant caution in framing the
treaty and send it back for ratl-
fication of the amendment may peril
and defeat the whole. Its concessions on
the subject Of immigration are Of inn
mense importance, placing that subject,
as they do, under the control of our Gov
eminent. The number of Chinese now
in the country is not great. We shall
ourselves be to blame if it is greatly in
| creased in the future. Those now here
will. not be here five years from now.
Few remain longer than four years.
Outlaws do not admit to naturalization
any but the white and the black races;
these are specified in the laws. The sub
ject of naturalization is by the Constitu-
ton committed exclusively to Congress,
and this is held by some very able men
as taking it out of the matters concerning
which the treatymaking power can act.
There remains, however, the danger that
if we admit that Congress may refuse to
carry into effect any treaty stipulation,
we do not thereby lessen the offense
which such action may give treaty
power thus disappointed. OF course Con-
gress can make Ear, and would give cause
for war if at any time it should refuse to
do the things promised by our treaty
makers We dismiss, therefore, the idea
that China is under any notice not to
treat with our President and Senate con-
corning naturalization.
There is, however, one view which is
very strong, and which, il correct, solves
the question satisfactorily. 1t is this:
"The subjects of the most favored ma
tons" do not enjoy the privilege of nat
uralization under our laws as such SUBJ
iects. If an English-born subject is black
he is admitted because of his " African
descent" and not because he is the sub
ject of the favored Nation of his birth.
If there were whites residing in Central
Africa who were born elsewhere they
would be admitted to citizenship, al
though neither of african nativity"
moro african descent" as the law ex-
presses it. They would not come in as
subjects of favored nation, but because
they were white" Our laws concern
of men than with nations. We have
conferred with some very eminent men
on this subject, whose opinions are val
liable. Our desire has been to get the
best instruction on difficult question.
The danger of the favored nation
cause" has doubtless been exaggerated.
Certainly it has if our uniform ,naturali-
cation laws do not necessarily include
within their privileges all the subjects of
any nation If an English-born subject
who is neither of the white nor the Afri-
can race cannot be lawfully naturaliZed
in our courts, then we can deny the privi
lege to Chinese subjects, who are of
neither of the favored races, without any
violation of the pledges in the proposed
treaty.
Judge Sawyer, of the United States Cir
cult Court of California, long ago decided
against Chinese applicant for naturali-
zation, on the ground that he was neither
white nor of African descent. We are
informed that in that decision the pro-
yiso in the Burlingame treaty cut no
uSuTt. Ii lhcIt IS any StiluSc1 Liidb lllG
treaty in question would be defeated by
an amendment, we hope twill be ratified
sit is. The very great benefit that may
be derived by the stipulations concerning
immigration far outweighs the very
slight probability that Congress would
feel called upon to extend the naturaliza-
ton laws to the Chinese. Unless so ex-
tended, no court would be likely to re-
gard the treaty as the supreme law in
the sense of furnishing it with authority
to grant privileges originating in statutes,
even if such court should differ with
Congress as to its duty toward Chinese
subjects.
The Senate will undoubtedly take up
these treaties There are two and act
upon them at the present session. Upon
the whole, we think it would be unwise
to strain at the gnat of naturalization and
swallow the camel of continued unre-
stricted immigration.
Agricultural Items.