Hand County press. (Miller, Dakota [S.D.]) 1882-1893, 1882-04-12
ARrHURs vETo.
Message 10 Congress Setting Forth Hfs
Objections 10 the Anu-Chtnese Bii.


The following is the full text Of the Presi.
dents message vetoing the anti Chinese bill
To g,e Senate: After careful consideration
Of Senate bill No. II, entitled "Anact TO execute
certain treaty stipulations relating to Chinese"
/ herewith return 1t tothe Senate. In which IL
originated, with my objections to its passage.
A nation is justified in repudiating its treaty
great paramount interests. Even then all pos
sihle reasonable means for modifying or chang
ing these obligations by mutual agreement
should be exhausted before resorting TO the
supreme right OF refusal to comply with
} them, Thete rules have governed the United
STATES in their past intercourse with other
powers, as ono OF the family Of nations. I
am persuaded that il Congress can feel that
this act violates the faith Of the nation, as
pledged to China, IL will concur with me IN re-
jscting this mode OF regulating Chinese liimi-
grafton, and will endeayor 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
arose between our paramount domestic in
terests and our previous relations. The
treaty commonly known as the Buriin-
game treaty conferred upon Chinese sub
let's the right OF voluntary emigration
to the United States for the purpose OF
curiosity or trade, or as permanent residents,
ana was ia all respects reciprocal as TO citizens
OF the United Stales in China 1t gave TO the
voluntary emigrant coming TO tho United
States the right to travel there or reside there
with all the privileges, immunities or exemp-
tons enjoyed by the citizens or subjects OF the
most favored nation. Under the operations Of
this treaty ii was found the institutions
OF tho United States and the char
ac.er OF its people aud their means Of OBJ
tanning q livelihood might be seriously af-
fected by an Unrestricted Introduction
OF Chinese labor. Congress attempted
To alleviate this condition by legislation,
but the ret which 1t passed proved &c
be in violation OF our treaty obligations, and,
being returned by the President with his OBJ
jections failed TO become law. Diplomatic
relief was then sought. A new Treaty was con-
cluded with China. Without abrogating lie
Burlingame treaty it was agreed TO modify IL SO
far that the Government OF the United States
might regulate, limit o. suspend the comiug OF
Chinese laborcrs to the Ucited States, or their
residence therein, but that 1t 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 as laborers, other
classes not being included in the limitation.
This treaty is un lteral not recipfo al. IL
IL concession from the Chinese Government
10 the Dnlttu NlattS, OF UfnIatlOn OF tne
rights which sho was enjoying under the
BuriDgams treaty. Ii leaves Us by our own
act 10 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 oyerstep this
grant, aud take more than has been conceded
us. II is bat n yeit sirce this new treaty. un-
der the operation Of the constitution, became
part OF the supreme law OF tho land, and the
present act IL the first attempt at the exercise
OF the more enlarged powers which China re.
linqui.hes TO the United States. In its first ar
tIce the United States is empowered TO decide
whether the coming Of Chinese lsborers TO
the United States, or their residence therein,
affects or threatens 10 affect our interests or 10
endanger good order, either within the whole
country or any part OF IT. The act recltes that
'in the opinion OF the Government OF the
Unit d States, the coming Of Chinese laborers
10 this country endangers good order in GER
tain localities thereof" but the act itself is
much broader than tho recital. 1t acts upon
residence as well IN immigration; its provisions
are effective throughout the United States. /
think il may fairly be accepted as an express
sion OF the opinion Of Congress that the coming
OF such laborers 10 the United States, or their
residence here. affects our interests and en-
dangers good order throughout the country.
On tnis point should feel 1t 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 pgohibIt the coming
Of such labGrers to, or their residence in the
United States. The. negotiators OF the treaty
have recorded. with unusual fullness, their uIl-
derstanding OF the sense and meaning with
which these words we're used. As the class OF
persons to 5e affected by the treaty, the Amer
leans inserted in their draft OF the provisions
that the words "Chinese laborers" signifies oil
immigration, other than that for teach
ing, trade, travel, study and curiosity.
The Chinese objected to this, in that
II operated 10 include artisans in class
Of laborers whose emigration might be forbid
den. The Americans replied that they could
not consent that artisans shall he excluded
from the class OF Chinese laborers, sor IL il
their very competition OF skilled laborfn cftes
where Chinese labor immigrants concentrate
which has caused embarrassment aud popular
discontent. In subsequent negotiations thu
definition was dropped out, and does not ap
pear In the treaty.
Article Of the treaty confers the rights
privileges, immunities and exemptions which ar
accorded to citizens and subjects OF the mos
favored nation upon Chinese subjects proceed
ing TO US az teachers, students, merchants O
from curiosity. The American Commissioner
report that the Chinese Government claimet
that in this article tLcy did, by exclusion
provide nobody should be entitla1 to CLAIM
the benefit Of the general provisions OF TN
Burngame treaty but those who might go y
the United States in these capacities or 10
these purposes. l accept this as DEFINITION
of the word .. laborers" as used IN the treaty
As 10 the power OF legislation respecting IN,
class of persons, the new treaty provides; w
NAV not absolutely prohibit their coming o
their residence. The Chinese Commissioner
gave notice in the outset that they would neve
agree to the prohibition OF voluntary emiyra
ton. Notwithstanding this, the United state
Commissioners submitted draft IN wnicn
was provided the United States might "regu
late, limit suspend or prohibit" 1t. The Chimes
refused to accept this. The Americans re
piled they were willing TO consult the wisne
OF the Chinese Government in preserving
tho principle Of free intercourse between tn
people .of the two countries, as estatlisne'
by existipg treaties, provided the right OF tn
United States Government to use its discretion
In guarding against any possible evils OF TN
immigration OF Chinese laDorers was distinctiy
recognized. Therefore, IL such concessiol
removes all difficulty on the part OF the Cnines
Commissioners (but only in that causel IN
United States Commissioners viii agree 10 re
move the word "prohibit from their article
AMI to use the words regulate, limit or sus
pend" The Chinesa reply to :his can only .
inferrd from tho fact that-in place OF I'M
agreement rs proposed by our Commissioner
that we might prohibit the coming or residence
OF Chinese laborers there was inserted in th'
treaty an agreement that we might not 90 IL
Tho remaining words, " regulate, limit. sns
suspend" first appear In tho American drsft
When 1t was submitted to the Chinese, the'
SAID: eve infer that, OF tho phrases, regu
late, limit, suspend or prohibit, the first is
general expression referring to the others
We are entrey ready 10 negotiate with you
Excellencies TO the end that limitations etne
In point OF time or numbers, may bc liked upon
Of The emigration Of Chinese laborers to th
United States.
At q subsequent interview IL was understood
that by Limitation OF number" they meant
for example, that the United States. having, a
they supposed, by record, tho number cf I'M
mgrations On each year, ~ vol a. the tota
Number Of GhinAaa now here. thAt no NOR