Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1882-07-07


OF hinu.
Arguments o: Pso-Cnina Advocates.
taiiucy of the Veto Of the Anti-Chi-
nes- Bal.
CnconstI utiomal Doctrin- of the Veto.
In these seven articles is comp Used
the whole of the Buiiin1ame treaty
1t Is composed OF these seven articles
and no more. Not one of these ar
;lcles has ever brought, or is capable
of ever bringing, any advantage to
this country IN return for the con-
cessions OF China. Yet it was this
treaty which was ratified by our
Government and hailed by large
portion of our people with an atf1u-
ence of delight as inauSurating a
new era OF peace and goodwill to
men. Never was human folly more
thoroughly exempl.ied, and never
has it been punished more speedily
or with greater bitterness. 1t is
twelve years since the ratification of
the Burlingame treaty, and today Oh
our Pacific coast the Mongol is
stronger than we, and in the eastern
portion of our country his advent
adds Il new element to the complex
problems of our restless society and
lays new burden on the already
overwei1 hted shoulders of the pro-
ducing classes. That an inierna-
tional contract in which the advan-
tages are all on one side and all the
disadvantages on the other; in which
no equivalent is rendered for bene-
hts offered or incOnveniences en-
dured, can be morally or equitcbly
binding, Is a proposition absurd
upon its face.
There is, moreover, another solu-
ton of the question of right, which
should satisfy even those who, deem
ing equity Insufficient and expedi-
ency thing of evil growth, contend
for legal forms as the embodiment OF
Justice. 1t is an axiom of all law
that where contract is broken by
one of the parties thereto it caunot
be held to be obligatory on the other.
Grotius authorita,ively declares that
every article of a treaty carries
with it condition, by the non-per-
Torrance of which the treaty is
wholly cancelled" and Vattel en-
forces the same idea in the following
words, the party who is offended
or injured in those particulars which
constitute the basis of the treaty is at
liberty to choose the alternative OF
either compelling faithless ally to
fulfill his engagement or OF declaring
the treaty dissolved by his violation
of it." The principle indeed cannot
DO controverted, for were it other
wise one party aaSrantly violating
an international compact could
still compel another to fulfil pledges
given in consideration of the very
pledges fasitiously broken.
This is precisely the condition OF
affairs with reference to the Burlin-
game treaty. Under the fifth article
the contracting powers agreed to
pass laws making it penal offence
for citizen of the United States to
take Chinese subjects other to the
United States or to any other for.
eign country, or for Chinese sub
ject or citizen of the United States
to take citizens of the United States
to China or any other foreign coun-
try without their free and voluntary
| consent respectively" The United
States has kept its part of this CON-
pact by sections PISS to 2lG4 inclu'
sive of the Revised Statutes, the
provisions of which are positive in
their terms and almost extreme in
their penalties. China, however
has utterly neglected to make such q
law or to take any effective steps to
prevent emigration, under duress o.
her subjects.
1t has been already shown that il
California the Cinnamon are held
under the despotic control OF the
Six Companies, and it is beyond dis
pute that the Companies obtain theil
immigrants through process of sale
which amounts to nothing more Oh
less than an infraction of the treaty
With characteristic cunning and far
sightedness the Chinese place the
barracoons of coolies within the ter.
ritoriss allotted 20 foreigners. They
were at one time located in Hong
Kong, which is under British con
troll; but when the outrage became
too manifest they were removed tt
the Portuguese territory of Macao
To prove III any individual instance
that Chinaman passed from thu
Chinese population of Canton to the
Chinese population of Hong Kong
or Macao is, OF course, practically
impossible, although the fact tha
such is the case with the thousands
thus transferred is demonstrated by
the very existence of the barracOons
Further, although the passage O.
Chinese subjects to territories con
trolled by Europeans is a matter
with which the United States cal
have no legal concern, and in which
by international law it is prevented
from interfering, the obligation as
sumed by China is not qualified by
any exception, and SO far as her OWL
action is concerned is as obligatory
as if Hong Kong and Macao did no
exist. The fact that the Chinese
Government has not thought proper
to contribute even the empty form
Of an edict to the observance Of the
treaty is a practical reputation Of
its provisions. denounced by China
that treaty is not binding upon the
United States. Thus the strictesl
into rpre!ation of law, as does al
else, makes manifest the right of oul
Gnyarnmonf IN avoid in itS turn this