The Milan exchange. (Milan, Gibson County, Tenn.) 1874-1978, 1882-04-15
VETO OF THE ANTI.CHINEsE ELL.

Chinese Immigration Btil.
Ht WASH yGToN April4
The following is the fun text Of the
Presidents message vetoing the Anti
Chinese bill:y afr1 lIfalr.ft
To The senate: After a careful oonsidera-
ton Of Senate bill No. II, entitled IAN act to
execute certain treaty stipuiatious relating 10
Chinese" herewith return it to the Senate, in
which it originated. with my objections TO its
passage. A nation is justified IN repudiating
Its treaty obligations only when they are ir
conflict with great paramount interests. Even
then all possible reasonable means for modify
ing or changing these obligations by mutual
agreement should be exhausted before resort
ing 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 families
of nations / am persuaded that if Con-
gress can feel that this act violates
the faith of the Nation. IA pledged
to China, 1t will concur with me in re-
jecting this mode of regulating Chinese immi-
grafton, and will endeavor TO find another
which shall meet the expectations of the peO-
pie of the United States without coming in con-
hict 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 inter-
ests and our previous relations The treaty
commonly known as the Burlingame treaty
conferred upon Chinese subjects the right Of
voluntary emigration to the United States for
the purpose of curiosity or trade, or as perma-
nent residents, and was in all respects recipro-
cal rs to citizens of the United States in China.
1t gave to the voluntary emigrant coming TO
the United States the right to travel there
or reside there, with all the privileges, immu-
mites, or exemptions enjoyed by the citizens
or subjects of the most favored nation. I'm
der the operations of this treaty ii was found
the institutions of the United States and
the character OF its people and their means
or obtaining livelihood might be serious
iy affected by an unrestricted introduce
ton of Chinese labor. Congress attempt
ed to alleviate this condition by egfs-
lation, but the act which il passed proved to
and, being 'f retirned by by the President with
his objections failed to become a law.
Diplomatic relief was then sought. A new
abrogating the Burlingame treaty it was
agreed to modify ii so far that the Govern
mTent of the United States might regulate,
limit or suspend the coming of Chinese labor
ers to the United States, or their residence
therein, but that it should not absolutely pro-
hibit them. and that the limitation or suspen-
only to the Chinese who might go to the United
States rs laborers, other classes not being in
cluded in the limitation. This treaty is unlat-
eral, not reciprocal. 1t is a concession from
the Chinese Government to the United States,
or a limitation of the rights which she was en-
1oying under the Burlingame treaty. 1t
leaves us by our own act to Determine
when and how we will enforce these linn
ttations. China may therefore fairly h-ve
the right to expect that in enforc-
ing them we will take good care not
TO overstep this grant, and take more than has
been conceded us. 1t is but year since this
new treaty, under the operation of the Consti-
tuition, became part of the supreme law of the
land, and the present act is the first attempt at
tho exercise of the more enlarged powers
which China relinquishes to the United States.
In its first article the United States is empow-
cred to decide whether the coming of Chinese
laborers to the United States, or their resi-
dence therein, affects or threatens to affect our
interests, or to endanger good order either
within tho whole country or in any part of it
Government of the United States, the coming
of Chinese laborers to this country endangers
the good order of certain localities thereof"
but the act itself is much broader than the re-
ctal. 1t acts upon residence as well as immi-
grafton. lts provisions are effective throughout
the United States. / think it may fairly be ac-
cepted as AN expression of the opinion of Con-
gress that the coming of such labOrers to the
United States or their residence here affects
our interests and endangers good order
throughout the country On this point j
should feel it my duty to accept the views of
Congress The first article further confers
power upon this Government TO regulate,
limit, or suspend but not to actually prohibit
the coming of such laborers to or their resi-
dence in the United States. The negotiatOrs
of the treaty have recorded with unusually
fullness their understanding of the sense and
meaning with which these words were used.
As tho class of persons to be affected by the
treaty, the Americans inserted in their draft
the provision that the words Chinese labor
ers' signify ALI immigration other than
that for teaching, trade, travel study and
curiosity. The Chinese objected to this, that
II operated to include artisans in the class of
laborers whose emigration might he forbid
den. The Americans replied that they could
mot consent that artisans should he 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 embarrassment
and popular discomfort. In subsequent nego-
tiations this definition dropped out and does
not appear in the treaty. Article l of the
treaty confers the rights, privileges, immuni-
ties and exemptions which are accorded TO
citizens and subjects of the most favored ma
ton upon Chinese subjects proceeding to
the United States as teachers, students,
merchants, or from curiosity. The Amer
lean Commissioners report that the Chinese
Government claimed that In this ar
ticle they did by exclusion provide that
nobody should be entitled TO claim the benefit
of the general provisions of the Buringame
treaty but those who might go to the United
States in these capacities, or for these pur-
poses. / accept this as the definition of the word
"laborers' as used in the treaty. Asst the power
OF legislation respecting this class of persons
the new treaty provides we may not absolutely
prohibit their coming or their residence.
The Chinese Commissioners gave notice in the
outset that they would never agree TO a pro
hibition of voluntary emigration. Notwtth-
Standing this the United States Com
missioners submitted draft in which
it was provided that the United States
might "regulate limit suspend, OF
prohibit it. The Chinese refused to
accept this. The Americans replied that
they were willing 10 consult the wishes of the
Chinese Government in preserving the prin-
ciple of free intercourse between the people
of the two countries, as established by exist
ing treaties provided that the right of the
United States Government to use its discre
ton in guarding against any possible evils OF
the immigration of Chinese laborers is dis
tinctly recognized. Therefore, if such conces
sion removes all difficulty ON the part of the
Chinese Commissioners but only in thai
case, the United States Commissioners will
agree to remove the word prohibit" from
their article, and to use the words regulate
limit or su 'pend." The Chinese reply to this
Can only he inferred from the fact that in place
of the agreement as proposed by our Com
missioners that we might prohibit the