The true northerner., 1882-04-14
THE CHINESE BILL.

President Arthur's Reasons for Veto
Ing It-Fuil Text OF the Veto Mes-
sage.
The following is the full text of the Presi-
dents message vetoing the anti Chinese bill
To the Senate: After careful consideration
of Senate bill No. II, entitled San act to execute
certain treaty stipulatious relating to Chinese"
i herewith return it to the Senate in which il
originated, with my objections to its passage
A nation is justified in repndiating its treaty
Obligations only when thoy are in conflict with
great paramount interests Even then all pos.
sible reasonable means for modifying or chang
ing these obligations by mutual agreement
should be exhausted before resortng TO the
supreme right Of refusal to comply with
them. These rules have governed the United
States in their last intercourse with other
powers, one Of the family Of nations. l
am persuaded that il Congress can feel that
this act violates the faith of the nation, as
pledged to China, it will concur with me in re-
jecting this mode OF regulating Chinese Immi-
grafton, and will endeavor to find another which
shall meet the expectations of the people OF
the United States without coming in conflict
with the rights OF China The present treaty
relations between that power and the United
States spring from an antagonism which
terests and our previous relations The
treaty commonly known as the Burlin-
game treaty conferred upon Chinese sub
j3cts the right Of voluntary emigration
to the United States for the purpose OF
curiosity or trade, or as permanent residents,
and was in all respects reciprocal as TO citizens
of the United States in China. 1t gave to the
voluntary emgrant coming to the United
States the right to travel there or reside there
with all the privileges, immunities or exemp-
tions enjoyed by the citizens or subjects of the
most favored nation. Under the operations of
thiss treaty it was found the institutions
of the United States and the char
acter Of its people and their means Of OBJ
tanning a livelihood might be seriously af-
fected by an unrestricted introduction
of Chinese labor. Congress attempted
TO alleviate this condition by legislation,
but the act which 1t passed proved to
be in violation of our treaty obligations, and,
being returned by the President with bis OBJ
1ections, failed 70 become q law Diplomatic
relief was then sought new treaty was con-
cluded with China. Without abrogating the
Burllngame treaty 1t was agreed to modify 1t so
far that the Government of the United States
might regulate, limit suspend the coming Of
Chinese laborers to the United States, or their
residence therein, but that it should not abso-
lutely prohibit them, and that the limitation
or suspension should be reasonable, and
should apply only to the Chinese who might
go to the United States laborers, other
classes not being included in the limitation.
This treaty ID umlateral not reciprocal. Ii
il q concession from the Chinese Government
to the United States, or limitation OF the
rights which she was enjoying under the
Burlingame treaty. 1t leaves Us by our own
act TO determine when and how we will enforce
these limitations. China may therefore fairly
have the right TO expect that in enforcing them
We will take good care not to overstep this
grant, and take more than has been conceded
t1o Ia huta a win na
der the operation Of the constitution, became
part Of the supreme law of the land, and the
present act is the first attempt at the exercise
of the more enlarged powers which China re-
hnquishes TO the United States. In its first ar
tlcle the United States is empowered to decide
whether the coming Of Chinese laborers to
the United States, or their residence therein,
affects or threatens to affect interests or to
endanger good order, either within the whole
country or any part OF 1t. The act recites that
" III the opinion OF the Government oe the
United States, the coming of Chinese iaborers
to this country endangers good order in cer-
tain localities thereof" but the act itself is
much broader than the recital. 1t acts upon
residence as well as immigration its provisions
are effective throughout the United States.
think it may fairly be accepted as an express
sion Of the opinion of Congress that the coming
Sf such laborers to the United States, or their
residence here, affects our interests and en-
dangers good order throughout the country.
On this point should feel il my duty to accept
the views of Congress.
The first article further confers the power
upon this Government to regulate, limit or
suspend, but not actually prohibit the coming
of such labOrers TO, or their residence in, tho
United States. The neGotiators of the treaty
have recorded, with unusual fullness. their un-
derstanding OF the sense and meaning with
which these words were used. AS the class OF
persons to be affected by the treaty, the Amer
-
that the words "Chinese laborers" signifies all
immigration, other than that for teach
ing, trade, travel, study and curiosity.
The Chinese objected to this i'll that
it operated tc include artisans in class
of laborers whose emigration might be forbid
den. The Americans replied that they could
not consent that artisans shall be excluded
from the class Of Chinese laborers, for it is
their very competition OF skilled labor in cities
where Chinese labor immigrants concentrate,
which has caused embarrassment and popular
discomfort. In subsequent negotiations this
definition was dropped out, and does not ap-
pear in the treaty.
Article Of the treaty confers tho rights,
privileges, immunities and exemptions which are
accorded to citizens and subjects OF the most
favored nation upon Chinese subjects proceed
ing to us as teachers, students, merchants or
from curiosity. The American Commissioners
report that the Chinese Government claimed
that in this article they did, by exclusion.
provide nobod. should be entitled to claim
the benefit of the general provisions Of the
Bullingame treaty but those who might go to
the United States in these capacities or for
these purposes. / accept this as definition
of the word 'laborers" as used in the treaty.
As to the power or legislation respecting this
class OF persons, the new treaty provides: I'VE
NAV not absolutely prohibit their coming or
their residence. The Chinese Commissioners
gave notice in the outset that they would never
agree 20 the prohibition Of voluntary emigra-
ton notwithstanding this, the United States
Commissioners submitted draf. in which it
was provided the United States might "regu
late, limit, suspend or prohibit 1t. The Chinese
refused to accept this. The Americans re-
piled they were willing to consult the wishes
OF the Chinese Government in preserving
the principle Of free intercourse between the
people .of the two countries, as establishes
by existing treaties, provided the right OF tho
United States Government TO use its discretion
III guarding against any possible evils OF the
immigration OF Chinese laborers was distinctly
recognized. Therefore, il such concession
removes all difficulty on the part OF the Chinese
Commissioners (but only in that cause), the
United States Commissioners will agree TO re-
move the word "prohibit from their article,
and TO use the words regulate, limit or sus-
pend" The Chinese reply to his can only be
Inferred from the fact that-in place of the
agreement as proposed by our Commissioners
that we might prohibit the coming or residence