The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-04-06
TIE VETO.
Full Text of the Message.
THE PRESIDENTS OBJECTIONS TO
THE BILL GULLY AND CLEAR
LY STATED.
WASHINGTON, April 8.

WASHINGTON, April 5.
To the Senate-After careful conera-
ton of Senate bill No. II, entitled can act
to execute certain treaty stipulations relating
to Chinese" herewith return it to the SEN
ate, in which it originated, with my objections
to its passage. A nation is justified in repudi-
ating its treaty obligations only when they are
in conflict with great paramount interests.
Even then all possible reasonable means for
modifying or changing those obligations by
mutual agreement should be exhausted before
resorting to the supreme right of refusal to
comply with them. These rules have governed
the United States in its past intercourse with
other powers as one of the family OF nations.
am persuaded that if Congress can feel that
this act violates the faith of the nation as
pledged to China, it will concur with me in
rejecting this particular mode OF regulating
Chinese immigration, and will endeavor to
find another which shall meet the expectations
of the people of the United States without
coming in conflict with the rights of China.
The present treaty relations between that pow
er and the United States sprung from an an
tsgonism which arose between our para
mount domestic interests and our previous re-
lations. The treaty, commonly known as the
Burlingame treaty, conferred upon Chinese
subjects the right of voluntary emigration to
the United States for the purposes of curiosity
or trade, or as permanent residents, and was,
in all respects, reciprocal as to citizens OF the
United States in China. 1t gave to'the volun-
tsry emigrant ceming to the United States the
right to travel there or reside there, with ali
the privileges, immunities or exemptions en-
loved by the citizens or subjects OF the most
favored nation. Under the operation of this
treaty, it was found that the institutions OF the
United States and the character of its people
and their means of obtaining a livelihood
might be seriously affected by the unrestricted
introduction of Chinese labor. Congress at
tempted to alleviate this condition by legisla-
H. IL. crn1 Ax-A6 In
in violation of our treaty obligations, and, be
ing returned by the President with his objec-
lions failed to become law. Diplomatic re-
lief was then sought. new treaty was con-
cuded with China. Without abrogating the
Burlingame treaty, it was agreed to modify 1t
SO far that the government of the United
States might regulate, limit or suspend the
ceming of Chinese laborers to the United
States, or their residence therein, but that 1t
should not absolutely prohibit them, and that
the Limitation or suspension should be reasoDa-
BILE, and should apply only to Chinese who
might go the United States are laborers, other
classes not being included in the limitations
This treaty is unilateral, not reciprocal. Ii is
q concession from China to the United States
in limitation of the rights which she was en-
ioying under the Burlingame treaty. Ii leaves
us by our own act to determine when and how
we will enforce those limitations. China may,
therefore, fairly have right to expect that. in
enforcing them, we will take good.care not to
overstep the grant and take more than has
been conceded to US. 1t is but year since the
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 to
exercise the more enlarged powers which it
reinauishes to the United States. In its first
article the United States is empowered to de-
eide whether thescoming of the Chinese labor
FRS to the United States or their residence
therein affects or threatens to affect our inter-
ests or to endanger good order either within
the whole country or in any part OF it, The
act recites that, Sin the opinion of the govern
ment of the United States, the coming of Chi
uese laborers to this country endangers the
good order of certain localities thereof: but
the act itself is much broader than the recital
1t acts upon residence as we'll as immigration,
and its provisions are effective throughout the
United States. I think il may fairly be ac-
cepted as an expression of the, opinion
Of Congress that the coming of such laborers
10 the United States or their resi-
dence here affects our interests and
endangers good order throughout the country.
On this point should feel it my duty to ac-
cept the views of Congress. The first article
ment to regulate, limit or suspend, but not
actually to prohibit the coming of such laborers
to or their residence in the United States The
negotiations of the treaty have recorded with
unusual fulluess their understanding OF the
sense and meaning with which these words
fected by the treaty, the Americans inserted in
their draft provision that the words Chinese
laborers" signify all immigration other than
that for teaching, trade, travel, study ard Gu
rosity. The Chinese objected to this that it
orerated to include artisans in the class of
sborers whose emigration might be forbid
den. The Americans replied that they could
not consent that artisans shall be excluded
from the class of Chinese laborers, for it is this
very competition OF skilled labor in the cities
trates which has caused the embarrassment and
popular discomfort. In the subsequent nego-
tiations this definition dropped out, and does
not appear in the treaty. Article 2 of the treaty
confers the rights, privileges, immunities and
exemption which are accorded to citizens and
subjects of the most favored nation upon Chin
ese subjects proceeding to the United States as
teachers Students merchants or from cur iosi-
ty The American commissioners report that
the Chinese government claims that, in this
article, they did by exclusion provide that mo-
body should be entitled to claim the benefit of
the general provisions of the Burlingame
treaty, but those who might go to the United
States in those capacities or for those purposes
l accept this as the definition of the word "la-
borers' as used in the treaty. AS to the power
of legislatipg respecting this class OF persons,
the new treaty provides that "we may not alb
solutely prohibit their coming or their resi-
dence.' The Chinese commissioners gave
notice in the outset that they would never
agree to prohibition of voluntary emigration.
Notwithstanding this the United States COM
missioners submitted draft, in which it pro-
vided that the United States might regulate,
limit, suspend or prohibit 1t. The Chinese
refused to accept this. The Americans replied
that they were willing to consult the wishes
of the Chinese government in preserving the
principle of free intercourse between the people
of the two countries, as established by existing
treaties, provided that the right of the United
States government to use its discretion in
guarding against any possible evils OF
immigration of Chinese laborers is distinctly
recognised" Therefore if such concession re-
moves all difficulty on the part of the Chinese
commissioners, but only in that case, the Uni
ted States commissioner will agree to remove
the word 'tprohibit" from their article, anc
to use the words "reg ulate, limit or suspend"
The Chinese reply to this can only be inferred
from the fact that, liz the place of an agree
ment as proposed by our commissioners, that
we might hrohibit the coming or residence OF
Chinese laborers, there was inserted
in the treaty an agreement that we
might not do it, The remaining
words, REGULATE, limit and suspend" first APP
pear in the American draft. When it was SUBJ
mitted to the Chinese, they said: "We infer
that of the phrases regulate, limit, suspend or
prohibit, the first is general expression refer
ring TO the others. We are entirely ready to
negotiate with your excelencies to the end that
limitation, either in point of time or numbere,
may be fixed upon the emigration of Chinese
laborers to the United States" At a subse-
qaent interview they said that Shy limitation
10 number they meant, for example, that the
United States having, as they supposed re-
cord of the number OF immigrants in each
year, as we'll as the total number OF Chinese
now here, that no more should be allowed to
go in any one year in future than either the
greatest number which had gone in any yesr in
the past or that the total number should never
be allowed to exceed the number now there.
AS to Limitation of time they meant, for ex-
ample, that Chinese should be allowed to go in
alternate years or every third year, or, for ex-
ample that they should not be allowed to go
for two, three or five years" At subsequent
conference the Americans said: "The Chinese
commissioners have in their project explicitly
recognized the right of the United States to
use some discretion, aud have proposed limi-
tation as to time and number. This is the
right to regulate, limit or suspend In one
of the conferences he Chinese asked the
Americans whether they could give them any
idea of the laws which would be passed to G. r.
~ the powers into execution. The Americans
answered that this could hardly be done;
0that the United States government might