The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-04-13
Veto of the Chinese Bill.

| hltCl StsiSiut ConoluCldtlOu vi DtudUc Dill
| No. II, entitled, AN act To execute certain
| treaty stipulations relating to Chinese"
| herewith return it to the Senate, in which i
| originated, with my objections to Its passage
| A nation isjustified in repudiating its treaty
! obligations only when they are in conflict Will
| great paramount Issues. Even then, all DOS
sible reasonable means for modifying or chang
| ing those obligations by mutual agreement
| should be exhausted before resorting to the
| supreme right of refusal to comply with them
| These rules have governed the United States
| in the past intercourse with other powers as
one of the family of nations / am persuaded
that if Congress can feel that this act violates
the faith of the nation as pledged to China, il
will concur with me in rejecting this particular
mode of regulating Chinese immigration, and
will endeavor to find another which will meet
| the expectations of the people of the United
States, without coming In conflict with the
| rights of China.
TREATY RELATIONS WITH CHINA. N.
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 re-
lations The treaty commonly known as the
Burlingame treaty conferred upon Chinese
subjects 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 volun-
tarY emigraM coming to the United States the
right to travel there, or reside there, with all
the privileges, mmunities or exemptions en-
| joyed 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 be Sc
riOusly affected by the unrestricted introduce
ton of Chinese labor. Congress attempted to
alleviate this condition of legislation; but the
act which it passed proved to be in violation
of our treaty obligations, and being returned
by the President with his objections failed to
become a law.
Diplomatic relief was then sought. A new
treaty was concluded with China. Without
abrogating the Burlingame treaty, it was
agreed to modify it so far that the government
OF the United States might regulate, limit or
suspend the coming OF Chinese laborers to the
United States or their residence therein, but
that it should not absolutely prohibit them,
and that the limitation or suspension should
be reasonable and should apply only to the
Chinese who should 60 to the United States as
labOrers, other classes not being included In
the limitations. This treaty is unilateral no.
TcClpIOCdl. LII Is d COuCcSSlOu HULL Oulud W
the United States in limitation of the rights
which she was enjoying under the Burlingame
treaty. 1t leaves us by our own act to deter
mine when and how we will enforce those
limitations. China may, therefore, fairly haye
right to expect that in enforcing them we will
take good care not to overstep the grant, and
take more than has been conceded to us.
THE TREATY PART OF THE SUPREME LAW.
1t is but year since this new treaty, under
the operation of the Constitution became part
of the supreme law of the land, and the pres
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 empowered to decide whether the
coming of Chinese laborers to the United
States or their residence therein affects or
threatens to affect our inter ests, or to endanger
good order, either within the whole country
or in any part of it. The act recites that "in
the opinion of the government of the United
States the coming of Chinese laborers to this
country endangers the good order OF certain
localities thereof" but the act itself is u UGH
broader than the recital. 1t acts upon resi-
dence as well as immigration, and its provis-
ions are effective throughout the United
States. | think it may fairly be accepted as
an expression of the opinion of Congress that
the coming of such laborers to the United
States or their residence here affects our inter
ests and endangers good order throughout the
country On this point should feel it 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 TO prohibit the coming of
such labOrers or their residence in the United
States. The negotiations of the treaty have
recorded with unusual fulness their under
| standing of the sense and meaning with which
these words were used.
AS to the class of persons to be affected by
| the treaty, the Americans inserted in their
draft prOvisO that the words "Chinese la
berers signify all immigration other than for
| teaching, trade, travel, study and curiosity"
The Chinese objected to this, that it operated
| to include artisans in the class of laborers
whose immigration might be forbidden. The
Americans replied that they could not consent
that artisans shall be excluded from the class
of Chinese aborers, for it is this very compe-
tition of skilled laborer in the cities where the
Chinese labor immigration concentrates which
has caused the embarrassment and popular
discomfort, In the subsequent negotiations
this definition dropped out and does not ap-
pear in the treaty. Article II, of the treaty
cenfers 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 claim that
| In this article they did, by exclusion, provide
that nobody should be entitled to claim the
benefits of the general provisions of the Bur
lingame treaty but those who might go to the
United States in those capacities or for those
purposes. l accept this as the definition of
the word "laborers' as used in the treaty.
POWER OF LEGISLATION RESPECTING LABOR
ERS.
As to the power of legislating respecting
this class of persons, the new treaty provides
that we may not absolutely prohibit" their
coming or their residence. The Chinese COM
missioners gave notice il the outset that they
would meyer agree to prohibition of volunta-
ry emigration Notwithstanding this the Uni
ted States commissioners submitted draft in
which it was provided that the United States
might regulate, 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 the two countries as es-
tablished by existing treaties, provided that
the right of the United States government to
use its discretion in guarding against any pos
sible evils of immigration of Chinese laborers
cession removes all difficulties on the part of
the Chinese commissioners (but only in that
case) the United States commissioners will
agree to remove the word prohibit from the
article, and TO use the words regulate, limit
or suspend" The Chinese reply to this can
only be inferred from the fact that in the place
of an agreement as proposed by our commits
sioners, that we might prohibit the coming or
residence of Chinese laborers, there was insert
ed in the treaty an agreement that we might
not do it. The remaining words regulate,
limit and suspend" first appear in the Ameri-
can draft. When it was submitted to the Chi
nese they said: "We infer that of the phrases
regulate, limit, suspend or prohibit, the first is
a general expression, referring to the others.
We are entirely ready to negotiate with your
excellencies to the end that limitation, either
in point of time or of 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
haying, as they supposed, record OF the num-
Der of immigrants in each year, as well as the
total number of Chinese now here, that no
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, OF
that the total number should never be allowed
| to exceed the number now there. As to the
| limitation of the time they meant, for example,
| that Chinese should be allowed to go in alter
| nate years, or every third year, or, for exam
| pie, that they should not be allowed to go for
| two, three or five years." At a subsequent
conference the Americans said "the Chinese
commissioners have in their project explicitly
| recognized the right of the United States to