The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-04-06


within the United States" The examination
which | have made of the treaty and OF the de-
clarations which its negotiators have lett on
record of the meaning of its language leaves
no doubt in my mind that neither contracting
party, in concluding the treaty of 1850, contem-
plated the passage OF an act prohibiting lmm'-
grafton Tor 20 years, which is nearly genera
ton, or thought that such period would DO a
reasonable suspension or limitation, or htenu-
ed to change the provisions of the Burlingame
treaty to that extent 1 regard this provision
of the act as a breach of our national faith,
and being unable to bring myself in harmony
the views of Congress on this vital point, the
honor of the country oonstrains 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 present act which,
in my opinion, can be modified to advantage.
The classes of Chinese who still enjoy the pre-
lection of the BurliI gametreaty are entitled to
abe privileges, immunties and exemptions &C
corded to citizens and subjects of the most
favored nation. We have treaties with many
powers which permit their citizens and sub
jects to reside within the United States, and
carry on business under the same laws and
regulations which are enforced against citi-
zens of the United States. think it may be
doubted whether provisions requiring personal
IeRlSlrdbtOu, anu tu6 ldklUg OUT Vi pdSspUr To-
which are not imposed apon natives can be
required of Chinese Without expressing an
opinion on that point, l may invite the atten-
ton Of Congress to the fact that the system OF
personal registration and passports is undemo-
cratic and hostile to the spirit of our instltu-
lions. doubt the wisdom OF putting an enter
ing wedge of this kind into our laws. A nation
like the United States, jealous of the liberties
of its citizens, may well hesitate before 1t in
corporates into its policy system which is
fast disappearing in Europe before the progress
of liberal institutions. A wide experience has
shown how futile such precautions are, and
how easily passports may be borrowed exchang-
cd or even forged by persons interested to do SO.
II it is nevertheless thought that passport is
the most convenient way for identifying the
Chinese entitled to the protection of the Bur
lingame treaty, it may still be doubted
whether they ought to be required to register
1t is certainly our duty, under the Burlingame
treaty, to make their stay in the United
States, in the operation of general laws upon
them, as nearly like that of our own citizens as
we can consistently with our right to shut out
the laborers. No good purpose is served in
requiring them to register My attention has
been called by the Chinese minister to the fact
that the bill, as it stands, makes no provision
for the transit acr,ss the United States of
Chinese subjects now residing in foreign
countries 1 think that this point may we'll
claim the attention of Congress in legslating
on this point. have said TINT good faith re-
quires us to suspend the immigration of Chinese
laborers for a less period than 20 years. l now
add that good policy points in the same direc-
tion. Our intercourse with China is of recent
date. Our first treaty with that power is not
yet 40 years old. 1t is only since we acquired
California and established great seat OF com
merce on the Pacific, that we may be said to
have broken down the barriers which fenced
that ancient monarchy. The Burlingame
treaty naturally followed. Under the spirit
which inspired it many thousand Chinese
laborers came to the United States. No one
Can say that the country has not prohted by
their work. They were largely instrumental
in constructing the railways which connect the
Atlantic with the Pacific. The states of the
Pacific slope are full of evidences of their in
dustry, enterprises, profitable alike to the capt.
talist and to the laborer of Caucasian origin,
which would have been dormant but for them.
A time has now come when it is suggested that
they are not needed, and when it is thought by
Congress and by those most acquainted with
the subject that it is best to try to get along
without them. There may, however, be other
sections of the country where this species of
labor may be advantageously employed with
out interfering with the laborers OF our own
race In making the proposed experiment, it
may be the part of wisdom as well as of
good faith to fix the length of the experimental
| period with reference to this fact. Experience
has shown that the trade of the East is the key
to national wealth and influence. The opening
| OF China to the commerce of the world has
benefited no section of it more than the states
of our own Pacific slope. The state of Califor-
| MA and its great maritime port reaped enor-
nous advantages from this source Blessed
| with an exceptional climate, enjoying an un-
rivalled harbor, with the riches of great agri-
| cultural and mining state in the rear, and the
wealth of the whole Union pouring into it over
| its lines of railway, San Francisco has before
| it an incacuable future, if our friendly and
smicable relations with Asia remain undis-
turbed. 1t needs no argument to show that the
policy which we now propose to adopt must
| have direct tendency to repel oriental nations
| from us, and to drive their trade and COM
| merce into more friendly hands. 1t may be
that the great and paramount interest of pro-
| tecting cur labor from Asiatic competition
| UTILITIES us in a permanent adoption OF this
policy, but it is wiser ia the first place to make
| shorter experiment with view hereafter of
| maintaining permanebtlyonly such features as
| time and experience may commend trans
| NIT herewith copies of the papers relating TO
| the recent treaty with China, which accom-
| panied the confidential message of President
Hayes to the Sanate of Jan. 10, 1881, and also a
| copy of memorandum respecting the act
herewith returned, which was handed to the
Secretary of State by the Chinese minister at
Washington.
(Signed) CHESTER A. ARTHUR.
Executive Mansion, Washington, d. c.,
April a. 1882.
Memorandum l. The time fixed in the bill
udiuolf3 ~ years. - uuTSdoOudUlo. = no IAN
guage of art. 1, that 'laborers' shall not be
absolutely prohibited from coming to the Uni
ted States, and that the suspension shall be
reasonable" as we'll as the negotiations, in
dictate that brief period was sintended. The
total prohibition of the immigration of Chi
nese laborers into the United States for 20
years, would, in my opinion, be unreasonable
and a violation of the meaning and intent of
the treaty.
2. The inclusion of "skilled labor in the
L. i LA.
the treaty. 1t will operate with harshness up
on a class of Chinese merchants entitled 10 adj
mission to The United States under the terms of
the treaty. The shoe merchants and cigar
merchants of China manufacture the goods
they sell at tt cir places of business, .nd to
shut out the skilled labor they need would
practically shut them out as well, since it
would prevent them from carrying on their
business in this country. The laundryman
who keeps his shop and has small capital
with which to prosecute his trade cannot, ID
any just sense, be included in the class of Ga
borers," and the merchant tailor comes in the
same category.
s. The clause of the bill relating to regis
tration and passports is a vexatious discrimina-
ton against Chinese residents aud emgrants,
when art. 2 provides explicitly that they shall
be entitled to all the privileges conceded to the
subjects of the most favored nation. The ex-
ecution of these provisions of the bill will cause
irritation and, in case of the loss of the pass
port or certificate of registration, Chinese resi-
dents entitled TO remain may be forcibly expeli-
ell from the country.
4. If the bill becomes q law it will leave the
impression in China that its government
strangely misunderstands the character of the
treaty, or that Congress has violated some
of its provisions and this will tend to prejudice
the intelligent classes against the United States
government and people whom they now great
" admire aud respect There is no provision
in the bill for the transit across the United
States OF Chinese subjects now residing in for
eign countries. Large numbers of Chinese
live in Cuba, Peru and ether countries W no
cannot return home without crossing the terri
tory of the United States or touching at San
Francisco. To deny this privilege, it seems to
me, is in violation of international law and til g
comfy of nations and if the bill becomes
law it will ia this respect result ia great hard
ship to many thousand of innocent Chinese in
foreign countries
RHODE ISLAND ELECTION.