The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1882-04-07
VETO OF THE CHINESE BILL.

This at least ends the suspense. The Cabi-
net seems TO have been divided In opinion,
Frelinghuysen, Secretary of State, being
coin aud Kirkwood as strongly In favsr Of
approval. The text of the message not hay
ing been received at this writing, the rea-
sons therefor can only be surmised, but IT
is probably based on its assumed conflict
with the spirit of the 1880 treaty with China
which was negotiated by Angel, Swift, and
Trescot. This was the fourth treaty made
with China. The first in 1874, the second
In 1858 and the third, the "Burlingame
treaty." in 1868 having in view the Increase
of commerce and the amicable relations be-
tween the two governments. For few
years succeeding this the prosperity OF the
country and the demand for labor were
such that the effects of the Chinese influx
were scarcely felt. The financial reverse Of
1873 and the competition Of their labor then
began TO manifest itself disastrously TO
white labor on the Pacific coast, and the
problem of the merits and dement's Of the
ceived attention. The people of the Pacific,
where almost all the Chinese located, de-
cided almost unanimously that they were
an unmitigated evil and set about the en-
deavor to stop further importations Of them.
Their efforts illuminated in bill which was
properly vetoed by the President because in
direct violation Of an existing treaty, and
led to the appointment Of commission TO
proceed TO Pekin and with commission
appointed by the Emperor Of China draft q
new treaty. 1t was the purpose and intent
of this commission TO adopt a restrictive
treaty, one under which the Congress and
President of the United States might ifthey
deemed best enact a measure restricting the
further importation of Chinese laborers into
the United States. The evidence of this is
in the first article of the three which are
given below.
ARTICLE /. Whenever in the opinion Of
the Government Of the United States the
coming of Chinese laborers to the United
States, or their residence therein, affects or
threatens to affect the interests Of that coun-
try, or TO endanger the good order of the
said country or of any locality within the
territory thereof-the Government Of China
agrees that the Government of the United
States may regulate, limit, or suspend such
coming or residence, but may not absolutely
prohibit it. The limitation or suspension
shall be reasonable and shall apply only to
Chinese whs may 60 to the United States as
laborers, other classes not being included in
the Limitations. Legislation taken in regard
to Chinese iaborers will be Of such charac-
ter only as is necessary TO enforce the regu-
lation, Limitation, or suspension Of immigra-
ton, and immigrants shall not be subject to
personal maltreatment or abuse.
ARTICLE III. Chinese subjects, whether
proceeding TO the United States as teachers,
students, merchants, or from curiosity, to-
gether with their body and household ser
wants, and Chinese laborers who are now in
the United States shall be allowed to 60 and
come Of their own free will and accord, and
shall be accorded all the rights, privileges,
immunities, and exemptions which are &C
corded to the citizens and subjects of the
most favored nation.
ARTICLE LII. If Chinese laborers, or Chit
nese OF any other class, now either perma-
nently or temporarily residing in the terrific
ry of the United States, meet with Ill treat
ment at the hands of any other persons, the
Government Of the United States will exert
all Its power to devise measures for their pro-
lection and TO secure TO them the same
rights, privileges, immunities, and exemp-
tions as may be enjoyed by the citizens or
subjects oil the most favored nation, and to
which they are entitled by treaty.
This treaty was made November II, 1880,
and was duly ratified by both Governments.
In accordance Herewith the Senate and
House last month passed bill of which the
following are the main provisions:
Whereas, in the opinion Of the Govern
ment of the United States the coming Of
Chinese laborers TO this country endangers
the good order of certain localities within
the territory thereof; therefore
BE u Enacted, Etc. That from and after
ninety days next after the passage Of this
act, and until the expiration of twenty years
next after the passage Of this Act, the com
ing of Chinese labofers to the United States
be, and the same is hereby suspended; and
during such suspension 1t shall not be law
full for any Chinese laborer TO come, or,
having so come after the expiration of said
ninety days, TO remain within the United
States.
SEC. 2. That any master of any vessel
of whatever nationality, who shall on such
vessel bring within the jurisdiction OF the
United States any Chinese laborer from any
foreign port or place, shall be deemed guilty
of misdemeanor, and on conviction thereof
shall be punished by fine Of $500 for each
and every Chinese laborer SO brought, and
may be also imprisoned for term not ex-
ceeding one year.
SEC. 3. That the two foregoing sections
shall not apply to Chinese laborers who
were In the United States on the 18th day
of November, 1880, or who shall have come
into the same before the expiration Of nine
ty days next after the passage of this Act,
aud who shall produce to such master be-
fore going on beard such vessel, and shall
produce TO the Collector of the Port In the
United States at which such vessel shall ar
rive, the evidence hereinafter in this Act
required of his being one Of the laborers In
this section mentioned; nor shall the two
foregoing sections apply to the case OF any
master whose vessel, being bound to port
not within the United States, shall come
within the jurisdiction of the United States
by reason of being in distress or in stress
of weather.
The treaty provides that the United States
shall not absolutely prohibit the coming Of
Chinese laborers, but the bill does seem to
absolutely prohibit it for twenty years. 1t
appears from the report OF the Commission
ers that the question of the probable extent
and method of this restrictive legislation
which the United States might enact was
discussed with the Chinese Commissioners
before the treaty was drafted and they I'M
derstood from the American Commissioners
that 1t might be the prohibition would be for
two, or three, or five years, or it might be
alternate years, or that the importation
might be lessened, or that Congress might
prohibit importation to California where
there was a surplus Of Chinese and direct
them to the South or some other portion Of
the country where it was needed, and that
the Chinese Commissioners were satisfied
with this explanation and made the treaty
with this verbal understanding and without
draft Of the legislation proposed.
| While the TTnited States has N RIGHT tr