Morning journal and courier., 1882-04-05
News by Telegraph
FROM ALL QUARTERS.
THB VETO MESSAGE.
PRESIDENT ARTHUR RETURNS
THE CHINESE BILL.
His Grounds Of Opposition.
Am Arbitrary Violation of
the Treaty.
Opinions on His Course.
Interviews With q Number
of Congressman.
THE NATIONAL CAPITAL.
The Chinese Bill Vetoed-Text of the Pres
dents Veto Message.

ident's Veto Message.
WASHINGTON, April 1.-The following is
the Presidents message vetoing the anti
Chinese bill:
After careful consideration of Senate bill No II,
entitled to abrogate certain treaty stpuations
relating to China herewith return it to the Senate,
passage nation is justified in repudiating its
treaty obligations only when they in onct with
great paramount interests Even then all possible
reasonable means for modifying or changing those
obligations by mutual agreement should be exhaust
ed before ting 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 faulty of nations. am per
suaded Congress that this violates
the faith of the nation as pledged to China 1t will con-
cur it'll nue. in rejecting this particular mode of reg
ulating Chinese immigration, and will endeavor to
ud another which shall meet the expectations of the
hict with the rights of China The present treaty
lations between that power and the United states
spring from an antagonism which arose between orr
paramount domestic interests and previous rela-
lions. The treaty commonly known as the Buringame
treaty conferred upon Chinese subjects the right of
voluntary emigration to the United States 1or the
purposes of curiosity trade permanent resi-
dents, and al respects reciprocal as to citizens
of the United States in China. It gave to the volume
tary eigrant coming to the United States the right
to travel here reside here with all the privileges,
immunities or exemptions enjoyed by the citizens or
subjects of the most favored nation Under the OPP
Grafton of this treaty found that the institu
ions of the United States and the character o. It's
people and their of obtaining livelihood
might be seriously affected by the unrestricted intro
leviate this condition by legislation but the act
which it passed proved to be in violation of
dent with his objections failed to become Jaw.
Dip omatic rel eff was then sought and new treaty
! concluded with China. Without abrogating the
Burlingame treaty it was agreed to modify it SO far
that the government of the United States might reg
limit to e ne sates of or Re
residence therein, but that it should
the or shaad be
sonabe and should apply only to Chinese who might
to the United States as laborers other classes not
being includ d in the limitations. This trea is
unilatera not reciprocal. 1t is concession from
China to the United in Limitation of the rights
which she was enjoying under the Burl1ngame treaty
1t leaves us by own act to determine when and
how will enforce those limitations. China may
therefore fairly have ght to expect that in en-
forcing them will take good care not to overstep
the grant and take than has been conceded to
1t is but year since this new treaty under the
operation of the constitution became part of the
preme law of the land and the PRESENT act is the first
attempt to exercise the enlarged powers which
it renquishes to the United States In its first
ticle the United States is empowered to decide
whether the coming of hnese 1aborers to the United
States their residence therein, affects threatens
to affect interests to endapger good order
either within the whole country in any part of it.
The act rectes that the opinion of the govern
ment of the United States the coming of Chinese Ia
borers to this country endangers the go d order of
certain localities thereof But tho act itself is much
broader than the recital 1t acts upon residents as
well as immigrants an its provisions are effective
be accepted as expression of the opinion of Con
that the of such p t to the
country ooa 'A1 IN this s0 point should feel
1t my duty to accept the views of Congress.
The article further the power upon this
government to regulate, limit suspend. but not
actually to prohibit the coming of such aborers to
their residence in the United States The negeti
ators of the treaty have recorded with unusual full
their understanding of the sense and meaning
with which these words used. AS to the class
persons to be affected by the treaty the Americans
inserted in their draft provisi' that the words
"Chinese laborers" signify all immigration other
than that for teaching, trade travel study and Curl
! caCI1ion TN rio
include artisans in the class of laborers whose i'm
migration might be forbidden. The Americans
piled that they could not consent that artisans shall
be excluded from the class of Chinese laborers for it
s this very competition OF skilled labor in the cities
which has caused the embarrassment and popular
discomfort In the subsequent negotiations this def
milton was dropped out and does not appear in the
treaty.
Article two of the treaty confers the rights priv
| ieges immunities and exemptions which are &C
corded to citizens and subjects of the most favored
nation upon Chinese subjects proceeding to the
from curiosity. The American commissioners report
that the Chinese government claimed that in this
should be entitled to claim the benefit CT the general
provisions of the Burlingame treaty but those who
might go to the United States in those capacities or
for those purposes accept this as the definition OF
| the word flaborers" as used in the treaty. As
to the power Of legislating in respect to this
that not absolutely prohibit their coming or
| their residence. The Chinese commissioners gave
notice in the outset that they would never agree to
prohibition of voluntary emigration. Notw1thstand-
ing this the United States commissioners submitted
draft in which it was provided that the United
ates 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 pr1ncf
pie of free intercourse between the people of the two
countries established by existing treaties provided
the right the United States to
its discretion in guarding against possible evils
of the immigration of Chinese laborers is distinctly
recognized. Therefore. if such concession removes
all difficulty on the part of the Chinese commits
sione,s tbut only in that CASEY the United States
commissioners will agree to remove the word pro
bibit' from their article and to the words regu
late limit or suspend The Chinese reply that this
only be inferred from the fact that in the place
OF an agreementas proposed by our commissioners,
sne in the eay an
| agreement hat we might not do it. The remaining
words regulate, limit and suspe d" first appear IN
| the American draft. When it was submitted to the
Chinese they said infer that of the phrases regu
late, limit, suspend prohibit the first is general
expression referring to the others. We are entirely
ready to negotiate with excelencies to the end
that limitation either in point OF time of num-
lsborers to these United States At subsequent in
terview 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 we'll the total number of Chinese
now here, that no more should be allowed to go IN
any year in future than either the grestest
Der which had gone in in the past, or that
the total number should be allowed to exceed
the number there. AS to limitation of time they
| meant, for example, that the Chinese should be al
lowed to go in alternate every third year. or
for that they should not be allowed to go for
two, three or five years At a subsequent conference
in their project explicitly recognized the right of the
United States to use some discretion and have pro
| posed Limitation as to time and number This is
| the right to regulate, limit suspend
| In one of the conferences the Chinese asked the
the laws which would be passed to the powers
into execution. The Americans answered that this
ment might never deem it necessary to exercise this
power. 1t would depend upon circumstances If the
Chi csc immigration concentrated In cities where 1t
threatened public order or if 1t confined itself to To-
caies where injury to the interests OF the
american people, the government of the United eS
accommodations of Chinese. If on the contrary there
large immigration. or if there were sections
of the country where such immigration was clearly
beneficial then the legislation of the United States
under this power would be adapted to such circum-
stances For example there might be a demand for
Chinese labor in the South and surplus of such la
b'r in California. and Congress might Nigh
| legslate in accordance with these facts
general the legislation would be in view of and de-
pend upon the circumstances of the situation at the
moment su h legislation became necessary. The Chi
nese commissioners said this explanation salts
factory that they had Rot intended to ask for draft
of any special act but for general idea how
power would be exercised. What had just been said
gave them the explanation which they wanted With
as ba Of thu
ton which might be had in Congress, the parties
signed the treaty in article of which "The govern
ment of China agrees that the government of the
United States may +: gulate, limit or suspend such
it, The limitation or suspension shall be reasonable
and shall apply only to Chinese who may go to the
United States aborers other classes not being in
gard to Chinese laborers will be of
| such charaster only is necessary
to enforce the regulation imitations-or suspension
of immigration. The nrst section of the act pro-
vdes that and after the expiration of sixty days
next after the passage of this act and until the
pration of twenty years next after the passage of
this act the coming of Chinese 1aborers be- and the
same is hereby suspended, and during such suspen-
sion it shall not be lawful for any Chinese aborer to
come, or having come after the expiration of said
sixty days to remain within the United States"
The examination which have made of the treaty
and of the declarations which its negotiations have
left record of the meaning of it's language leaves
no doubt in my mind that neither the contracting
party in concluding the treaty of 1880 contemplated
the passage of an act prohibiting immigration for
twenty years, which is nearly generation, or
thought that such period would be a reasonable
suspension Limitation intended to change the
pro- isions of the Burlingame treaty. To that ex.
tent regard this provision CT the act breach OF
national faith, and being unable to bring sell
in harmony with the views of Congress this vital
point, the honor of the country compeIs me to re-
turn the act with this objection to its passage
Deeply convinced of the necessity of some legisla
ton this subject and concurring fully with Con
gress in many the objects which sought to bt
accomplished will avail myself Uf the opportunity
to point out some other features of the present ac
which, In my opinion, can be modified to advantage
The classes Chinese who still enjoy the protection
of the Burngaine treaty entitled to the p iv
tIeges, immunities and exemptions accorded to cit
zens and subjects of the most favored nation. We
have treaties with many powers which permit theil
citizens and subjects to reside within the United
States and carry business under the same laws