The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1886-04-15
PRESIDENTS MESSAGE.
A Full Text Of the Presidents Message
Respecting Treaty Rights Of
Chinese Subjects.
Individual HardshIps Due 10 Ambiguous
and Defective Acts Of Congress-
Conditions Physically Impos-
sibis TO Perform. T4
rHis MESSAGE.


WAsHIseToS, April THE following
Is the full text of the Presidents message
sent to the Senate yesterday respecting the
treaty rights Of Chinese subjects:
To tho senate and House OF Representatives
OF the United slhfeG isHa I ~ ~ -
transmit herewith for the confederation
pt NonKress. With Wow % anproprate legis
tnry 81 state, with certain corrcspondenoe
touching the treaty rights OF Chlnest
subjects other than lnborers, to no and
cord IN my annual message Of M. s,h
oi December last | said "In the an
pllcatson Of the acts lately passed 70 OK
Smsrasoa iTSsI sSs srsS ot cSns e S g otihs ~,
United states, indNldnRI cntcs of hardsilif
have occurred beyond the power Of the III
Sss.rc sr,n,., 20 remedy and calling ior judicial
hardship are duo 20 the Ambiguous and de
fectiyc provisions Of the acts OF Congress
approved respectively on the 9Th OF May.
lng. aud hth OF July. issJ.
The hardship has IN SONS cnsea beon
ronedicd bg the action OF tho oourta Ia
other eases however where the phraseoloRy
oIlhc statutes has appeared 10 bo conclusive
aKhin.t any discretion on tho pprt of the on.
GERS charged with tho c1ccutoh on tho law.
'hinese persons expressly entitled to free
almteion under tho treaty have been ro.
iused alnnding and Eont back 10 the country
whence they came. without being afforded
any opportunity 10 show their right 10 their
psNl.kc OF free inHrcss and cgfess which "
was the purpose OF tho treaty % secure In
tho language uf one Of tho dcoisoUs Of the
supreme Court, TO which have Toferredi
The suppositlon should not DO indulaed
That Consiess, VII le processing 60 falthfniiy
execute the treaty stipulh tons aud recoR
nlHine the fact that they secure 20 a eertnn
class the right TO 20 from and To- lie United
states. intended to make It's protection de-
nrnd upon the performance of condlt ons
which " was physically Impossible 20 per
form" United States rCportsl
The act of July 5. issi, imposes such an I'm.
posslhlr condition nnoi providing for the
admission, under proper ccrtlneaie OF
Chinese travellers OF the nkemiped classes In
the cases most likely to ariso In ordinary
commerce al intercourse. Article OF tho
treaty provides that the limitation shall nm.
piy only 10 Chinese who may go To tho
emitted States as laborcrs Article saws
that Chinese subjects wlSihcr proceeding
10 the United States rs fcachcrs sindonis,
merchants or from curiosity, shall he
allowed 20 go and come OF thor own
frce VIII and accord and be granted
MI tho privileges accorded 10 citizens
Of the most favored nation. koOtibn OF the
Shnoee immiErat on act OF isl purports 20
secure this right ~ means of certificates of
their statue. which certificates shall be tho
sole evidence 10 establish thelr right az
cntry into the United states. hut ID provides
Tor the Issuance of certificates IN two cases
only nanely. Chinese departing from China
and chinese who may At the time no subjects
OF some government other than China
statute u certainly most unusual witch,
purrortlnF 90 execute strrnty with China in
respect OF Chinese subjects enacts formal.
tiles a. u regards subjects OF other govern.
ments than China
I call the attention OF Congress 10 the fact
numerous class OF chinese persons, subjects
of othefcountrics than China who dcaito 10
como from such countries 10 the United
stsio.. They may not hc subjects Of the
country where they rosde aud trade, YET IL
such Chinese subject bead OF house At
Kong kong, Honolulu. Havana or Colon de.
nlres 70 come herc he must produce prr.
scrinod form OF certificate IN English. issucd
by the Chinese Government II there be nj
be place OF residence no representative OF
China competent to issue such form OF ocr-
this law ~ unjusily Hs f debarrea as rom @ entry n
20 the United States. There being,
therefore, no provision by which such
norsons may prove their esempiion, the Sec
the omission by recognizing ns lawful cortih,
Gates those issued by Chinese Cohsuls or
diplomatic Officers At the foreign port when
advised by the United States Consul, This
seems Just application OF the spirit Of the
law. He. however. wont beyond tho spirit OF
the act hy providing q circular dated Janu'
AIRY n, 1sSb. for original Issuance OF such
certificate By tho United states Consul at the
port OF departure the absence OF Chinese
representative, For Il Is clear that the inter
vcn,ion Of the upted states Consul was In.
tended by tho act 20 be supervisory only II
became Necessary. therefore. 10 amend this
circular. and this was done ON the 18th OF
Juno following, by striking out tho clause
prescribing original certinoaton by United
States Consuls
the complaint OF the Chinese Minister IN
bis note OF March ~. iSsd. Is that the Chinese
merchant, Lay Sang, of King Lee & Co.. San
Francisco, having arrived AZ san francisco
FROM Hong Kong and exhibited certificate
OF the United States Consul Mt Hong Kong us
10 his status ms a merchant. was refused
PERMISSION 10 land and sent back TO Hong
Kong While hia certificate was ineuffic cnt
under the present law, II Il to be remeur
bered that there Is AZ Hong Kong no repro.
sentative OF China Competent 10 issue the
required cert ncate.
The intent of Congress to execute tho
treaty Is thus defeated aud conditions are
ekacted by the not which, In the words OF the
supreme Court. are physically impose bic
20 perform" This anomalous feature should
DO reformed In order that the rccurrencefof
such cases may be avoided aud the, lmputa-
tion removed which would othcrwlse rest
upon the good faith Of the United States In
tho execution Of their solemn engagements
GROVER CLEvnLAND.