The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1882-04-14
THE CHINESE BILL.

ia r
President Attributes Reasons for Veto
ing 1T Essil Text Of the Veto Mes
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Tie following is the full text Of the Presi-
dents message vetoing the anti Chinese bill Il. Il
To the Seaate: After careful nsideration
Of Senate bill No II, entitled san act to execute
certain treaty siipulations relating to Chinese
| herewith return 1t to the Senate, IN which it
originated, with my objections 70 its passage.
A nation Is justified in repudiating its treaty
obligations only when they are in conflict with
great paramount interests Even then all pos-
siblereasonable 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. These rules have governed the United
States in their past Intercourse with other
powers, as one of the family Of nations. I
am persuaded that If Congress can feel that
this act violates the faith of the nation, as
pledged to China, it will concur with rnein re-
jecting this mode of regulating Chinese lmmi- !.
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
arose between our paramount domestic in
terests and our previous FelationsT The
treaty commonly known as the sBurlin-
game treaty conferred upon Chinese sub
Jets 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 emigrant coming to- the United
Rtafo oh t0 frov do
with all tue privileges, immunities or exemp-
lions enjoyed by the citizens or subjects of the
most favored nation. 8 Under the operations Of
this treaty it, was found the institutions
Of the United States and the char
acter of its people and their means of OBJ
tanning 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 his OBJ
jections, failed to become a law. Diplomatic
relief was then sought. A new treaty was con-
GUIDED with China. Without .abrogating the
Burllngame treaty it was agreed to modify ii 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 thatlit should not aabso-
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 10 unilateral not reciprocal. It
is q concession from the Chinese Government
TO the United States,s or limitation of the
rights which she was enjoying under the
Buringame treaty. 1t leaves us by our own
act to determine when and how we will enforce
these limitations. China may. therefore fairly
have theright to expectthat in enforcing them
We will take good care not to overstep this
grant, and take more than has been conceded
Us. 1t is but a year since this new treaty. I'M
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.
hnqulshes to the United States In its first ar
tlce the United States is empowered to decide
whether the coming of Chinese laborers to
| the United States, or their residence therein,
% aood oads e egsr Wbs
country or anypart of it.. The act recites that
I" in the opinion of the Government of the
United States, the coming of Chinese laborers
to this country endangers good order in GER
tain localities thereof, but the act itself is
much broader than the recital. It acts upon
residence as we'll as immigration its provisions
are effective throughout the United States
think itmay fairly be accepted as an express
sion of the opinion of Congress that the coming
OF 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 feeli my duty to accept
the views of Congress. M a4p sa4
The first article further iconfers the power
upon this Government, to regulate, limit or
suspend, but not actually prohibit the coming
of SUCH laborers to, or their residence in, the
United States. The negotiators of the treaty
have rnc0rfa0 with y1ulIaual fullnoqc fhoiY
| derstanding Of the sense and meaning with
| which these words were used. AS the class OF
| persons to De affected by the treaty, the Amer
leans inserted in Their draft of the provisions
that the words "Chinese laborers y signifies all
immigration, other than that for teach
| ing, trade, travel, study and curiosity.
The Chinese objected to this, in that
it operated to include artisans in a eclass
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 APP
pear in the treaty. sas4Su- siiJ 81 SIS MTa
Article 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 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 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 these capacities or for
these purposes I accept this as a 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 1ts We
| may not absolutely prohibit their coming or
| their residence. The Chinese Commissioners
| gave noticein the outset that they would never
i agree. 10 the prohibition of voluntary emigra-s
ton. Notwithstanding this, the United States
| Commissioners st1bmitteda draft in which it
was provided the United States might "regu-'
late, limit, suspend or prohibit'' IT 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 established
| by existing treaties provided the right of tho
| United States Government to use its discretion
! in guarding against any possible evils of the
immigration OF Chinese laboregs was distinctly
recognized. Therefore, if such concession
removes all difficulty on the part of the Chinese
| Commissioners (but only in that cause) the
| United States Commissioners viii agree to re-
! move the word "pr0hlblt from their Rrt1cle,
and to use the words g regulate, limit or sus-
pend The Chinese reply to this 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
of Chinese laborers-there was inserted in the
treaty an agreement that we might not do it.
| The remaining words, regulate. limit and
| suspend, first appear in the American draft.
! When it was submitted to the Chinese, they
SAID !: " We infer that, of the phrases, regu-
late, 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 limitations. either
/ in point of time or numbers, may be fixed upon,
| of the emigration of Chinese laborers to the
| United States. A
/ Alta subsequent interview it was understood
| that by Limitation of number they meant
| for example, that the United States, having, as
| they supposed, by record, the number of inn
migrations in each year, asWell as the total
number Of Chinese now here, that no moro
should be allowed to go. In any one year in the
future than the greatest number which hid
| gone in the past, or that the total NUM- er
should never be allowed to exceed the number
now there. As to the limitation to time, thev
meant, for example, that the Chinese should be
allowed to, go IN alternate years. or every third
year, or, for example, that they should not be
allowed to go for two, three or five years.
/ At sUbseouent conference tbf Americans