New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-04-05
President with his objections failed to become a

Diplomatic relief was then sought. new treaty
was concluded with China. Without abrogatlng
the Buringame Treaty it was agreed to modify so
far that the Government of the United States might
regulate limit or suspend the coming OF Chnese Ia
borers to the United States their residence therein
but that it should not absolutely prohibit them,
and hat the limitation or suspension SHOULD DC Iea
sonable and should apply only to Chinese ohop MMp
classes not being included in the limitations This
treaty is unlatera not reciprocal IL ~ a concession
from China TO the United States, in Limitation OF inc
rights which she enjoying under the Burlingane
Treaty. II leaves us by our own act to q eInIno
when and how we will enforce those Limitations;
China may. therefore, fairly have right 10 eApeeo
that in enforcing them Will take good care no. 10
overstep che grant and take more thah HIS oeoA
conceded TO lis. ,.,
1t is bat a year since this new treaty, under the
operation of the Constitution became part Oh @ .ne
supreme law of the land and the present act IS the
first attempt to exercise the more enlarged powers
which il relinquishes to the United states
In its first article the United states Is empowered
to decide whether the coming OF CDese W
the United States their residence therein ahects
OF threatens to affect our interests or 10 cnalhger
good order, either within the whole country or III any
part of it. The act rectes that IN the opinion of
the Government of the United States the coming o
Chinese abOreTS to this country endanges the gooa
order of certain localities thereof" But the act
itself is much broader than the recital Hacts upon
residence as well as immigration, and its PROVISIONS
are effective throughout the United states: tniuk
it may fairly be accepted as an expression OF tne
opinion of Congress that the coming OF suGn @ laoot
ers to the United States their residence here ~
fects our interests and endangers s3od 9IrIcI rI
throughout the country On this point should leei
il my duty to accept the views OF Congress
The first article further confers the power upon TINS
Government to regulate, limit or suspend put hoc
actually 10 prohibit the coming OF such laDoreTs 10
or their residence in the United States. he nego,
tiators of the treaty have recorded with unusual
fullneSs their understanding of the sense ana meah
ing with which these words were used A..
As TO fhc class of persons to be affected by the
treaty the Americans inserted Ill ther drait pro-
vision that the words "Chlnese laborers" SIGNIFY
ali Immigration other than that for teaching trade
81 ctu1 anH
10 this that il operated to include artisans Ill inc
| class of laborcrs whose immigration might D. lor
hidden. The Americans replied that they cOuld not
consent that artisans shall be excluded from lhe
class of Chine Sc laborcrs, for II is tins very cOmet
ton of skilled labor in the clies Wnfrs Sr,trs
the Chinese labor immigration concentrates
which has caused the embarrassment ana popuii9r
dlscontent. In the subsequent negotiations tnls
definition is dTOpp, d and does not appear Ill the
treaty. Article H. of the treaty confeIs tie nghtS
privileges, InnulitieS AM eXenp IJhS WHICH
are accorded 10 citizens and subjects OF the most
favored nation up on Chinese subjects proceeding 10
the United states as teachers students, merchants
or from curiosity The American COMMISSIONERS
report that the Chinese Government claimed that
III lis article they did by exclusion provide that no
body should be entitled to claim the beEeht OF the
general provisions of the Builingane treaty out
those who might go to the United states IN those
capacities or for those purposes. | accept thls as
the definition of the word "laborerS" rs used III
the treaty.
THE TREATY NEGOTIATIONS.
As to the power of lgslating respecting this class
OF persons lle new treaty piONlutS iHdt VIC ihhy
not absolutely prohibit" their coming or their resi-
dence The Chinese commissioners gave notice in the
outset that they would never agree to a prohibition
of voluntary emigration. Notwithstanding this
the United States commissioners submitted draft
in which it was provided that the United states
might "rcgulste, limit, suspend or prohibit" it,
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
treaties provided that the right of the United states
Government to use its discretion i'll guarding
against any possible evils of immigration OF
Chinese laborers is distinctly recognized. There,
fore, if such concession removes all
missioners but only in that case) the
United States commissioners Will agree to remove
the word prohibit from their article. and 10 use
the words regulate, limit or suspend The
Chinese reply 10 this can only be inferred from the
fact that in the place of an agreement, as proposed
by our commissioners, that we might prohibit the
coming or residence of Chinese Iaborers. there was
inserted in the treaty an agreement that we might
not do il.
ped first appear in the American draft. When IL
was submitted 10 tie Chinese they sald " We infer
that of the phrases regulate, limit, suspend or pro-
hbt, the first Is general expression referring to
the others. We are entirely ready to negotiate
with your Excellencies to the end that limita-
tion either in point of time or numbers may
be fixed upon the emigration of Chinese laborers
to the United States" At subsequent interview,
they SAID that "by limitation in number they
meant. for example, that the United States, having,
as they supposed, record of the number of
immigrants In each year, as well as the
total number of Chinese now here that 10 more
should be allowed TO go in any one year in future
than either the greatest number which had gone IN
any year in the past, or that the total number
should never he allowed to exceed the number now
there AS TO limitation of time. they meant for ex
ample that the Chinese should be allowed TO 20 III
alternate years or every third year. tor example
that they should not be allowed to go for two,
three OF five years" AZ subsequent conference
the Americans said: The Chinese commissioners
.l..tv .I
of the United states 10 use some discretion, ana
have proposed llmtauon as 10 time and number.
| Tins is the right To regulate. limit suspend"
In one of the conferences the Chinese asked the
| Americans whether they could give them any idea
OF the laws which would be passed 10 carry the
powers into execution. 1le Americans answered
that this could hardly be done; that the United
States Government might never deem it necessary
TO exercise this power. IL would depend upon cir
cumstances II Chinese immigration concentrated
in cities where II aened public order, if il
confined itself 10 localities where 1t injury to
the interests Of the American people, the Govern
ment of the United states would undoubtedly take
steps TO prevent such accumulatIOns OF Chinese. If
the contrary there was 10 large Immigration
If there weIe sections of the country where such i'm
migration clearly beneficial. then the legislation
OF the United States under this power would be |
adapted TO such circumstances. For example. there
might be demand fOr Chinese labor IN the South |
and surplus of such labor IN California, and Con-
grcss might legiSate i'll accordance with these facts
In general the legislation would bo in view OF and
depend upon circumstances of the situation at the
moment such legislation became necessary. The |
Chinese commissioners saH this explanation was |
satisfactory; That they hadnOt intended TO ask Tor
q draft of any special act, bIJ for general idea
how the power would be exercised. What had just |
been SAID gave them the explanation which they |
wanted.
With this entire accord as to the meaning of the
words they about TO employ, and the object of
the legislation which might he had in consequence |
the parties signed the treaty. in article j. of which
the Government of China agrees that the Govern |
ment OF the United States may regulate, limit or
suspend such coming or residence but may not ab-
solutely prohibit il. fhe Limitation or suspension
shall be reasonable and shall apply only to Chinese
who may 90 the United States as laborers, other
ILL