Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1886-04-15
PRESIDENTS MESSAGE.
A Full Text Of the Presidents MesSarr
Respecting Treaty Rights of
Chinese Subj OTIS.
Individual ffsrdships Duo to Ambiguous
aud Defective Acts OF ConeSc..-
Conditions Physically Inpos-
slbic to Perform.
TIE MESSAGE


WASHINGTON, April THE followin,
Is the fun text OF the Presidents message
sent to the Senate yesterday respecting the
treaty rights of Chinese subjects:
OF the United states.
J transmit herewith tor the confederation
OF congress. with n view 10 approprintp icpls
lnton IN the PROMISES, "A report oi the score
,ary ot state. with certain correspondence
touching the treaty rights of Chinosa
subjects other than laborrrs to 90 an
come OF the own FREQ will and a.
cord In my annual message OF the Sth
vi W neccmncr last said "ln tho Rp
plcatton OF the acts lately passed to cx
sgnte the treaty af iS~l restrict ve of the
United states, Individual cases OF hRrdshin
have occurred beyond the power OF tho ~
detcrm nation" These cases Of Individual
hardship arc due TO the ambiguous aud dc
iccuNe provisions OF tho nets OF Congress
nppfoNch respectively on the 9th OF MAY
lsn., and ith OF July. iss4
The hardship has In SONS cases boon
rcmcded hy tho action OF tho courts I'm
other eases however. here the nhrNeeologv
oithc statutes has appeared 20 bo conclusive
@ asa,nst any scfct,ou on the part OF the ON
ccrs chargcd with the execution OF the law
Chinese persons expressly entitled To free
admission under the treaty have been 70.
fused landing nud sont back TO the country
whence they came without hcing Rnorsied
any opportun ~ TO show their right 10 their
privilege OF free ingress and egrcss which IL
was the purpose of the treaty 70 secure In
the language OF one OF the dccia ons OF the
supreme Court, 90 wh,c have referred;
The suppositon should not bc indulged
that Compress. wh le protesting to faithfully
execute the treaty stipuln lions and rccoF
ming me iacl That they secure 20 certain
class the right 20 no from and 10 tho United
States. Intended 10 make its protection do.
pend upon the performance OF condit ons
which ~ was physically impossible to per
form" United States reports
The act OF July D. 1854, imposes such an I'm.
possible conctuen not prov ding for tho
asrfIn Insuf -
Chinese travellers Of the exemtpod clnsses In
tho cases most likely 10 arise ri ordinary
treaty prov dos that the linn tatlou shall ap.
ply onlV 20 Chino g who may 20 10 Tie
nn,tcd states as laborcrs Article Says
That Chinese subjects whether proceed ng
To the United States as teachers, students.
merchants. or FROM curiosity. shall ho
aiowcd 70 go and come OF the own
free will and accord ana be granted
all Tho privileges accorded TO citizens
ot the most favored nation. section of the
1hlhesc liufniRrnt ON act OF 1884 purports 10
secure this right by means of cott licatos of
the status. which certificates shall bo the
solo evidence 20 establish their right OF
entry into the United states hut IA provides
Tor the Issuance Of certificates in two eases
on onl'; hnil.l'. hinese departing from China
OF some government other than China
statute - certainly most unusual which
purpuring 90 execute treaty with China ia
respect OF Chinese subjects onnots formal
ltles ns u regards subjects OF other govern
mcnts than China.
caii the attention Of Congress to the feet
that the statute makes no provisions for tho
pumerous class OF Oh nese persons subjects
or other countries than Chi mn. who desire 90
come from such countries 10 the United
states They fnuy not hc subjects of the
country where they RESIDE ard trade, yet II
euch Chinese subject. head of house nt
Kong Kong. FIonoluld. Havana or Colon dc.
sircs 60 come here nc must produce n pro.
tcrlbcd form of certificate n English. issiied
by the Chinese Government N there be ~
n n place OF residence no representative OF
ohlna competent 10 Issue such form Of Ger
fINHHfn faN 4
this law uniustiy debnrrod from entry
o. the United States There beng
therefore. no provision by which such
persons may prove their exemption. the Sec.
retary or the Treasury undertook 20 remedy
me omission by recognizing ~ lawful ccrtih-
Gates those issued 10y Chinese Consuls or
diplomatic officers at the foreign port when
advised by the United States Consul This
seems Just application Of the spirit 81 the
the act by providing q circular dated Jnnu
aIy y. ,it ~, 49, i9r Original issuance Of such
port Of departure ln tho absence OF n Chinese
reptesentgtivc for " - clear inst the inter
.enugn oi the t,ted states Consul WIS Ia.
tented - tire hct % be supervisory only. u
became necessary. therefore 20 amend th
circular. and this was done on the 18th of
june tollnWiuR. by striking out the clause
states Consuls.
Tne complaint OF the Chinese Minister lp
his note 81 Narch - iss. u that the Cbipose
merchant. Lay sang. Of King Leo & %. san
franci.co, having arrived nf san francisco
from Hong Kong ana cNhib tod "a cert ficate
Of the United States Consul 90 Hong Kong as
20 his status ns merchant WIS refused
e'finlsa on ~ iand nnd sent back 70 Hong
Kong while his certificate was fusu me ouf
undcr tho present lHw 10 b. 10 be- rtfncfn
bered that there o. - Hong Kong no repre-
sentative ~ thins competent 20 Issue the
required cert ncate
The intcnt of CONGRESS 10 execute the
Ircaty y thus defeated and cordiion ar
cNacted bF the ncf which. in the words of the
supreme court. arc "phFsicailT iupoaf bit
| 20 perform This anomalous feature should
% reformed IN order thnf tho recurrence Of
SUCH cafes may tc avoided p id Inc lmputa
tnh removed which would otherwise rest
upon the good faith N toe Cnifrd gfstos fn
the execution of their soicrfn engagements
GROfEH CbgvELANf.