Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1882-06-30
TIL E CHIN E s f
CHINA QUESTION
origin Of our Domestic SeIu. ions with
China.
origin of the BurIingame treaty.
AM, THE

China.
origin of the BurIingame treaty.
Tine Treaty Considered Article by Ar
| tiCl-.
AT This point we are to bear in
mind another and very Gear dis,
tiuction which exists between a
treaty considered as a law, and Il
treaty considered as contract. As
regards the powers of the legislative
branch of our government the mat
Ter must be considered from the
former aspect, for this is enjoyed by
I the express language OF the Constr
tuition. Is as concerns the equities
OF moral uulIgations OF treaty, rs
| betwt en- nation and nation, 1T is to
be looked upon in Il different light.
I The provision of the Constitution
deiles the status of Il treaty within
our own territory: 1t does not estab-
i lush its eX'rs-ierrltolial position
/ This last depends upon the general
principles OF tie law of nations,
aud under tl,is-as defined by Chief
Justice Marshall III Foster y Elan V.
( Nelson, and by all the commenta
! tors before AID since" Il treaty is
i'll its nature contract between two
nations" The legal power to re-
send contract beng conceded, Its
! sanctity and permanence should
/ depend upon its fairness. In other
words. upon the absence of those
elements Of deceit, error, or uncon-
scionable hardship which would
nulllfy an agreement between indi-
vlduals. For it can hardly be main
tanned that Il principle which would
destroy Il contract between man and
man should not be held to apply 10
one i'll which the welfare of fifty mil
lions of people is involved.
Before proceeding to the broader
consideration of this phase of the
matter. it may be we'll To- remark that
our courts have carried this idea into
effective decisions, as notably shown
in the Cherokee Tobacco Case above
referred to, which was in part de
cided upon the fact that the treaty
would have protected illicit gain
within the Cherokee territory and
interfered with the general welfare
of the community. 1t is also recog-
nized in the broad statements of doc.
trine which l have quoted from
Eattel, Wheaton and others, as tc
the lack of inherent power in any
country to lawfully injure itself by
the unwiso use of the treaty-makin 9
power. As l have already referred
to the injury wrought to American
industries and institutions bv the
inflow Of Chinese under the provi-.
ions OF the existing treaty, it i, hard.
ly necessary to further insist thai
this alone should be held sufficient
reason why the lawful authority oil
| Congress should be exercised with {
view to its prevention.
We may now pass to another por
ton of the subject, that relating to
the origin and effects of the Rurlin
game treaty. In doing this w.
necessarily revert to our early diplo
matte relations with China the latte
designated in the treaties as the Ia
Using Empire.
In 1913, at m expense of fort,
thousand dollars, Caleb Cushing was
sent to Envoy Extraordinary, ETC.,
"to establish the future CONNER
cial relations between tie United
States and the Chinese Empire Oh
terms Of national equal recipro
city" A treaty was concluded il
following year and ratified by tn,
Senate early in 1915. Within sever
years from that date, the influx o.
Chinese into California had alarmed
the inhabitants and led to protest.
which were disregarded by publ,
opinion east of the Rocky Mountains
and treated with contempt by the
Government. In 1850, an America,
Commissioner was sent to cooperate
with the ENJOYS of other foreign
countries in the accomplishment O
the objects sought by the selfish ant
aggressive diplomacy Of Europe
This WAS but n continuation of oul
national subserviency to the interest.
of Great Britain, France, and Other
European countries who were seek
ing to establish themselves in Chi
nese waters for the purpose of con
trolling Chinese trade. This resulted
in second or additional convention
ostensibly for the regulation of com
merce. Although these two treatie,
in many respects bore in favor of he
{ Chinese and against the Americans
their defects were rather negativ,
than positive. There was nothing
in them that Invested the United
States of the right to control immi
grafton to its own territories, or tt
restrict or regulate the privileges O
an alien people in its midst.
1t was left for an American either
to resign the proud position of al
American plenipotentiary. and t,
accept in its place the paying pat
ronage of the Chinese Emperor; ant
through this to fasten upon his coun
try obligations that in every line
were betrayal of her interests and ,
thrust at her permanent prosperity
In 1861 Arson Burlingame was sen
. to China as the Envoy of the Unite,
States. In 1867 he left the service
of his own country, and returned a.
the head of Chinese commiss on
his associates being two native Mon
gul statesmen whose inferior station
and astute humility provided deli
cate foil to the ostentatious vanit,
and empty assumption of the tinse
Ambassador. While the nomina
chief of this Chinese embassy wa.
| ovarN nwip,r will, onl