The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1882-04-22
The American Anti, Chinese Bill Vetoed.

which has passed both Houses of Congress
by such important majorities. In comnlu
n~icating his decision 10 the Senate the
President sent a message of such length
we can on Y find space for the subj0ined
which. however, s~contaip the sub
stance of hi argument. Appended TO the
message was a memorandum from the
Chinese Ambassador whose opinion in re-
gard 10 the Bill had been sought. This
memorandum raised objections TO the Bill,
lst. Because the term of twenty years was
unreasonable, and therefore, not in accord
with the treaty. 81. Because the Inclusion
of d" skilled labor in the Bill was an addi-
ton both TO the words and the intent of
the treaty. Sd. Because the regulations as
to registration and passports was a veXa-
tious discrimination against Chinese sub
jects. 4th. Because the Bill if it became
law would prejudice the intelligent
class in China against the United States
Government and their people whom they
now greatly admire and respect" 9TH. Be
cause there was no provision in the Bill for
transit across the United States of Chinese
subjects residing in foreign countries.
The following extracts and abstract con-
tain the substance of the Presidents
message:
To the Senuh: After careful consideration
of the Senate III. No. Il, entitled, An Act
to execute certain j-raty stipulations relating to
the Chinese I herewith return 1t to the Senate,
i'll which II originated, with my objection to its
passage.
a nation Is justified in repudiating its treaty
obligations only when they are in conflict with
a great and paramount interest. Even then all
possible and reasonable means for modifying
or changing these obligations, by mutual agree
pleut slOulR he exhausted before raSOrtinO m
the supreme right OF refusal to comply with
them. These rules have governed the United
States in their past intercourse with other Pow
ers, as themselves one of the family of nations.
l am persuaded that when Congress can feel that
this Act violates the faith Of the nation as
pledged to China, it will concur with this view,
and VIII endeavor to find another Act which
shall meet the expectations of the people of the
United States without coming in contact Will the
rights of China.
"The present treaty relations between that
Power and the United States spring from the
antagonism which arose between our paramount
domestic interests and our previous relations
under the treaty commonly known as the Bur
lingame Treaty. This conferred upon the Chi
nese subjects the right of voluntary immigra-
ton to the United States for the purpose 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
voluntary immigrants coming to the United
States the right to travel there, or to reside there,
with all the privileges, immunities or exemptions
enjoyed by the citizens or subjects of the most
favored nations.
Under the operation of this treaty it was
found that the institutions of the United States
and its people, and their means of obtaining a
livelihood, might be seriously affected by the I'M
restricted Introduction of Chinese labor. Con-
gress attempted to alleviate the condition by
legislation, but the Act which it passed proved
to be in violation of the treaty obligations, and
being returned by the President with his objec-
+s,4- EnH1a1 90 InaAp,A q Low nf,1A,no%fa He
was then sought. A new treaty was concluded
with China, without abrogation of the Burlin-
game Treaty. 1t was agreed to modify it so far
that the Government of the United States might
regulate or suspend the coming of Chinese la
borers to the United States, or their residence
therein, but it was agreed that it should not alb
s~olutely prohibit them, and that the limitation
or suspension shonld be reasonable, and should
apply only to Chinese who might go to the
United States as laborers, other classes not be-
ing included in the limitation.
This treaty is international not reciprocal.
1t Is Il concession from China to the United
States, and is a limitation of the rights which
she was enjoying under the Burlingame Treaty.
1t leaves the United States, by its own act, to
determine when and how We will enforce these
limitations. China may, therefore, fairly have
the right to expect that in enforcing them we
viii take good care not to overstep this grant
and take more than has been conceded to u.s."
Tn President goes on to say that the Act, while
reciting the opinion that " the coming of Chinese
laborers to this country endangers the good
order of certain localities thereof, - is itself much
broader than the recital" and acts upon resi-
dents as well as immigrants - It's provisions
also are not framed for certain localities, > but
are to be operative throughout the United States.
He goes on to say 81 think it may fairly be
accepted 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 through
out the country. On this point / feel it my duty
to accept the views of Congress.
THE first article further confers the power
upon this Government to regulate, limit, or
suspend. but not to actually prohibit the coming
of such labOrers to or their residence in the
United States. The negotiators of the treaty
have recorded with unusual fulness their UNDER
Standing of the sense and meaning with which
these words were used, as to the class of persons
to be affected by the treaty. The Americans in
serted in their draft provisions that the words
- Chinese laborers " should signify all immigra-
ton other than that for teaching, trade, travel,
study and curiosity. The Chinese objected to
this. that it operated to include artisans in the
class of laborers whose immigration might be
forbidden. The Americans replied that they
could not consent that artisans should be ex-
Guided from the class of Chinese laborers, for it
is their very competition of skill and labor in
cities. where the Chinese labor immigration con-
centrates, which has caused the embarrassment
and popular discomfort.
The examination which 1 have made of the
treaty and of the declaration which its negotia-
tors have left on record of the meaning of its
language, leaves no doubt in my mind that
neither of the contracting parties. in concluding
the Treaty of 1880, contemplated the passage of
an Act prohibiting immigration for twenty years,
which is nearly a generation, or thought that
such a period would be a reasonable suspension,
or intended to change the provisions of the Bur
lingame Treaty to that extent.
IL regard this provision of the act rs a breach
Of our national faith, and being unable to bring
myself in harmony with the views OF Congress
on the vital point. the honor of the country con-
strains me to return the Act with this objection
to its passage.
Deeply convinced of the necessity of some
legislation on this subject, and concurring fully
with Congress in many of the objects which are
sought to be accomplished, ] will avail myself of
the opportunity to point out some other features
of the Act which, in my opinion, can be modi-
fed to advantage
He then points out that there are classes of
Chinese who now enjoy the privileges OF the still
unabrogated Burlingame Treaty, inferring that
these should be excluded from the operation of