West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1882-04-14

opL-iaihloutfe report luht the Chinese Gov
eminent claim that IN this article they did,
by exclusion, provide that nobody should
b. entitled TO claim tnc benefit Of the
general provision ot the B%urlingame treaty
but those who might go to tho United
States in those capacities or for those
purposes. l accept this as the dodnition
Of The word '1aborers' as used in the
treaty.
POWER or LEGISLATION RESPECTING la
%BoRRRs
AS to the power IF i~cgisla,it z respect
ing this class of persons. the new treaty
provides that we ''may not absolutely
prohibit their Coming or residence. The
Chinese commissioner gave notice in the
outset that they would never agree 20 a
prohibition Of voluntary emigration. Not
w~ithstancing this the United States com.
missioners submitted a draft in which il
was provided that the United States might
regulate, limit, suspend or prohibit il.
The Chinese refused TO accept this. The
Americans replied that they we're "wiliiug
~ |ta"aA WV u VI NhL NulAGht wv
eminent 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 20 use its dis
erection 10 guarding against any possible
evile OF lnmigration of Chinese laborors
is distinctly recognized. Therefore, if
such concession removes all difficulties on
the part of the Chinese Out only in that
caae) the Unitfd States commission.
ers will agree 10 remove inc word ''rrl.
hibit' from their article, and to use the
words regulate, llmi. or suspend" The
Chinese reply TO this can ouly DC inferred
from tee fact that in The plsce of an
agreement as pfoT osed by our commission
ers, hat we might prohibit the coming or
residence of Chinese laberers, there was
Inserted in the treaty an agreement that
We might not do it.. The remaining
words regulate. limit ard suspend"
first appear in tho American draft. when
IL was submitted to the Chinese they
said: I'VE infer that Of the phrases reg
ulate, limit, suspend, or prohibit, The first
o a general expression, re erring to the
others. We are entirely ready 10 nego,1-
ate with your excellencies TO tae end that
a limitation, either in point OF time or of
numbers, mty be fixed upon the emigra-
tiol OF Chir ESQ laborers u tho United
States." At a subsequent interview they
said hat "by Limitation in plumber they
meant, for example, that the Tilted
States hcYiug, as they supposed, a record
OF the nu.nbcr of immigrants in each
year, as we'll as tho total number OF Chi
ne5e now here, that no more SHOULD be
allowed to go 10 any one year in future
Than either the greatest numbe- nhich had
gone IN any year ia the past, or that the
fetal lumber should never be allowed to
exceed the number now there. "A to lin.
itatioa of the time they meant, for exam
pie, that Chinese should be allowed To 90
in alternate years, or every third year, or.
ttr example, that they SHOULD not be al
lowed TO go for two, three or Eve years
AT a sub equent conference the Ameri-
cans said 'the Chinese com missioners have
in their project explicitly recognized the
right Of the United States TO use some
discretion, and have proposed a limitation
as to the time and number. This ia the
right TO regulate, limit or suspend"
WHEN TO CHISRsE IMMIGRATION.
In one of the conferences the Chinese
asked the Americans whether they could
give them any idea of the laws which
be passed to carry the powers into
execution. The Americans answered that
this could hardly be done; that the Uni
ted States Government might never deem
It necessary to exercise tbis rower. 1t
would depend upon circumstances. II
Chinese immigration concentrated In cit
es where it threatened public order, or
4 II confined itself to localities where il
an injury to the interests of the Amer
can people, the Government Of the Uni
led States would undoubtedly take steps
70 prevent such accumulation Of Chinese.
IL, 90 the contrary, there was no large i'm
migration, or If there were sections Of the
where such immigration vas ben.
then The legislation of the United
under this power, would ne adap-
ed to such circumstances. For example.
here might be 2 demand for Chinese Ia
Or 10 the South, and a surplus of such
lbor 10 California, Congress might Iegis-
IN accordance vita these facts. In
the legislation would be in view
and depend upon, circumstance Of the
i~ituation at the moment such legislation
became necessary. The Chinese commls.
said this explanation was sa'isfac.
.ory; that they had not intended 10 ask for
draft Of any special act, but for some
idea how the power would be OK.
What bad just been said gave
hen the explanation which they wanted.
With this entire accord as to The mean.
ing Of the words they we're about 10 en-
7loy, and the object OF The legislation
might be had ~ consequence. the
signed the treaty, ia article T. Of
which "the Government Of China agrees
that the Government Of tho United states
may regulate, limit or suspend such com
or residence, but may not absals,eiy
prohibit DO. The limitation or suspension
be reasonable, and shall apply only