Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-05

WASHINGTON, April 4.-FOllowing is the
full text of the presidents message vetoing
the anti-C Chinese bill.
To the senate: After careful consideration
OF senate bill No. 7. entitled tan act to execute
certain. treaty stlpulations relating to the Chi
neee," I herewith return it to the senate in
which it originated with my objections.
A nation is justified in repudiating its treaty
obligations only when they are in conflict with
great permanent interests. Even then all pos
sible reasonable means for modifying or
changing these obligations by mutual agree
ment 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 family OF nations. l am per-
suaded that II congress can feel that this act
violates the faith Of the n ition as pledged to
China, it will concur with me in rejecting
this mode of egulating Chinese immigration,
and will endeavOr to find out then which shall
meet the expectations of the people of the
United States without coming in conflict with
the rights of China. The present treaty rela-
tions between that power and the United
st ates spring from tie antagonism which
arose between our paramount domestic inter-
est and our previous relations.
The treaty commonly known as the "Bur-
lingame treaty" conferred upon Chinese sub
jects the right of voluntary emigration to the
United States for the purpose of curiosity or
trade, or as a perma nent residents, and was in
all respects reciprocal as to the citizens of the
United States in China. 1t gave to the volun-
tary emigrant coming to the United States the
right to travel there or reside there with all
privileges, immunties or exemptions enjoyed
by citizens or subjects OF that most favored
nation. Under the operation of this treaty, it
was found that the institutions of the United
States and the characters of the people and
their means of obtaining livelihood might
be seriously affected by the unrestricted intro
ductlon of Chinese labor. Congress attempted
to alleviate this condition by legislation. but
the act which 1t passed proved to be in VIOLA
tion Of our treaty obligations, and being re-
failed to become law. Diplomatic relief was
then sought.
NEW TREATY
was concluded with China. Without abrOgat-
ing 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 rea-
sonable, and should apply only to Chinese who
might 20 to the United States as laborers,
other classes not being included in the limita-
ton of rights which she was enjoying under
the Burlingame treaty. It leaves us by our
own act to determine when and how we will
enforce these limitations. China may there
fore fairly have the right to expect that in
enforcing them we will take good care not to
overstep the grant and take more than has
been conceded US.
1t is but year since this new treaty, under
the operation OF the constitution, became a
part of the supreme laws of the land, and
the present act is the first attempt to exercise
the more enlarged powers which it relin-
pushed to the United States
In the first article the United States is en-
powered to decide whether the coming of
Chinese laborers to the United States or their
residence therein, affect or threaten to affect
the interests 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 labor
ers to this country endangers good order in
certain localities thereof"
But the act itself is much broader than the
recital. Itacts upon residence as we'll as i'm
migration. Its provisions are effective
throughout the UnlLeQ Slaless
l thlnk it may fairly be accepted as an ex-
preston of the opinion of congress that the
coming of such laborers to the United States
or their residence here affects our interest 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
power of this government to regulate, limit
or suspend, but not actually prohibit the
coming Of such laborers to or their residence
in the United States. Negotiations of the
treaty have recorded with unusual fullness
their under standing of the sense and
meaning with which these words were used
as do the class Uf person to be affected by the
treaty. The Americans inserted in their draft
Of the provisions that the words "Chinese
laborers" signify all immigration other than
that for teaching, trade, travel, study and
curiosity. The Chinese objected to this that
it operated to include artisans in the class of
laborers whose emigration might be forbid
den. The American 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 the
cities where Chinese labor immigration con-
centrates, which has caused the embarrassment
and popular discomfort. In subsequent nego-
tiations this definition was dropped out and
does not appear in the treaty.
Article of the treaty confers the rights priv
ileges, immunities and exemptions which are
accorded to citizens and subjects of the most
favored nations upon Chinese subjects pro-
ceeding to the United States as teachers, stud
ents, merchants or from curiosity. The
American commissioner reports that the Chi
nese government claimed that in this article
they did by it provide that nobody should be
entitled to claim the benefit of the general
provisions of the Burlingame treaty, but
those who might 60 to the United States in
these capacities, or for these purposes. ac-
cept this as the definition of the word 'labor-
ers" as used in the treaty. AS to the power
of legislation respecting this class of persons
the new bill provides that 1--WE may not abso-
lutely prohibit" their coming on their resi-
dence. The Chinese commissioners gave
notice in the outset that they would never agree
to the position of voluntary emigration
Notwithstanding this the United States
commissioner submitted draft in which il
was provided that the United States might
''regulate, limit, suspend or prohibit" it. The
Chinese refused to accept this. The Ameri-
cans replied that they were willing to consult
with the wishes of The Chinese government
in preserving the principle of
FREE INTERCOURSE BETWEEN THE PEOPLE
of the two countries, as established by the
existing treaty, provided that the right of the
United States government to use its discretion
in guarding against any possible evils of the
i'm n, oraflOc of Chinese lahnrera ic dictinofIv