Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1882-04-07
DaiIp kennrbel JournaI.
Veto of the Chinese Bill.
To The SENATE :

(
herewith return il to the Senate, in which it
originated. with NV objections to its passage
| A nation is justified in repudiating its treaty
obligations only when they are in conflict
with great paramount interests. Even then
| all possible reasonable means for modifying
| or changing those obligations bv mutual
agreement should be exhausted before resort
ing to the supreme right of refusal to comply
with them.
These rules have governed the United
States in their past intercourse with other
powers. as one of the family of nations.
am persuaded that if Congress can feel that
tins act violates the faith of the nation as
pledged IN China, it will concur with me in
| rejecting this particular mode of regulating
Chinese immigration. 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 sprung from an
antagonism which arose between our para
mount domestic interests and our previous
relations. The treaty commonly known as
the Burlingame Treaty conferred upon
Chinese subjects the right of voluntary emf
grafton to the United States for the purposes of
curiosity or trade, or as permanent residents
and was in all respects reciprocal as to
citizens of the United States in China. Ii
gave to the voluntary emigrant coming to the
United States the right to travel there or
re- ide there, With all the privileges. immu-
mites or exemptions enjoyed by the citizens
or subjects of the most favored nation.
Under the operation of this treaty it was
found that the institutions of the United
States and the character of its people and
their means of obtaining a livelihood might
he seriously affected by the unrestricted in
production of Chinese labor Congress
attempted tn alleviate this condition bv legis-
lation but the act which it passed proved to
be in violation of our treatv obligations, and,
being returned hy the President with his
objections, failed TO become law
Diplomatic relief was then sought new
treaty was concluded with China Without
abrogating the Burlingame treaty, il was
agreed tn modify it so far that the government
of the United States might regulate. limit or
suspend the coming of the Chinese laborers to
the United States. or their residence therein.
bnt that it should not absolutely prohibit
them. and that the limitation or suspension
should be reasonable and should apply only
to Chinese who might go to the United States
as laborers, other classes not being included
in the limitations. This treaty is unilareral,
not reciprocal. 1t is a concession from China
to the United States, in limitation of the
rights WHICH she was enjoying under the Bur-
lingame treaty. 1t leaves us by our own act
TO determine when and how we will enforce
those limitations. China may. therefore,
fairly have right to expect that in enforcing
them we will take good care not to overstep
the grant and take more than has been con-
ceded to
1t is but year since this new treaty, under
the operation of the constitution, became part
Esl. Al.
ent act is the first attempt to exercise the
more enlarged powers which it relinquishes
to the United States.
In its first article the United States is en-
powered to decide whether the coming of
Chinese laborers to the United States or their
residence therein affects or threatens to affect
onr interests or to endanger good order,
either within the whole country or in anv part
of II. The act recites that sin the opinion Of the
government of the United States. the coming
of Chinese laborers 10 this country endangers
the good order of certain localities thereof"
But the act itself is much broader than the
recital. 1t acts upon residence well as i'm
migration, and its provisions are effective
throughout the United States. ] think it
may fairly he accepted as an expression of
the opinion of Congress that the coming of
such lahorers to the United States, or their
residence here, affects our interests and en-
dangers good order throue hout the country.
On this point should feel it my duty to &C.
cept the views of Congress. The first article
further confers the power upon this govern
'ment to regulate. limit or suspend. but not
actually 10 prohibit. the coming of such la
borers 10 or their residence in the United
States. The negotators of the treaty have
recorded with unusual fullness their under
standing of the sense and meaning ith which
these words were used.
As to the class of persons to be affected by
the treaty. the Americans inserted in their
draft a provision that the words "Chinese
aborers" signify all immigration other than
that for teaching. trade, Iravel. study and
curiosity. The Chinese objected to this that
it operated to include artisans in the class of
| lahorers whose immigration 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
this very competition of skilled labor in the
cities where the Chinese labor immigration
concentrates which has caused The embar-
rassment and popular discomfort. In the
subsequent negotiations this definition is
dropped and does not appear IN the treaty.
Article III. Of the treaty confers the rights.
privileges. immunities and exemptions which
are accorded to citizens and subjects Of the
most favored nation upon Chinese subjects
proceeding TO the United States as teachers,
students, merchants, or from curiosity. The
American commissioners report that the
Chinese government claimed that in this arti-
Gle they did nv exclusion provide that nobody
should be entitled to claim the benefit of the
general provisions of the Burlingame treaty
but those who might go to the United States
in those capacities or for those purposes.
accept this as the definition Of the word "la-
borers' as used in the treaty.
The TREATY NEGOTIATIONS
As to the power Of legislating respecting
this class of persons, the new treaty provides
that .'mav not absolutely probibit'' their
coming or their residence. The Chinese
commissioners gave notice in the outset that
they would never agree TO prohibition Of
voluntary emigration Notw outstanding this,
the United States commissioners submitted
draft in which it was provided that the United
States mi rht regulate. limit, suspend or
prohibit" ii. The Chinese refused to accept
this. The Americans replied that 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 established BY existing
treaties, provided that the right of the United
States Government to use its discretion in
- rdin1 a0ninaf anv ma sihla evfla ~ 4rnn,3