Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1886-04-15
SPECIAL MESSAGE.

| fext of a Special Message From the Presi-
/! dent to the Senate In Respect of Chinese
Treaty Rights-Inconsistencie of Exist
ing Laws, Which Impose Physical Impos-
sibilities.
WASHINGTON, April 6.-The following
| Is the full text of the Presidents message,
sent to the Senate to-day, respecting the
treaty rights of Chinese subjects:
To the Senate and House Of Representatives Of
transmit herewith for the consideration
of Congress, with a view to appropria ate
Secretary of State. with certain CORE
| spondence touching the treaty rights of Chi
come of their own free will and accord. In
my annual message of the sth of December
| last sail:
passed to execute the treaty of $780, re-
strictive of the immigration of Chinese
laoorers tn.o tHe oYe on.nrred havnna tue
power of the executive to remedy, and call
ing for judicial determination"
These cases of Individual hardship are due
to the ambiguous and defective provisions
of the acts of Congress approved respect
lively on the 9Th of May 1885,, and 5th of July.
been remedied by the action of the courts.
In other cases, however, where the phrase
ology of the statutes has appeared to be
conclusive against any discretion on the
part of the officers charged with the execu
W,
entitled to free admission under the treaty
have been refused landing and sent back
to the country. whence they came, without
being afforded any opportunity to show
their right to their privilege of free ingress
and egress, which 1t was the purpose of the
treaty to secure.
In the language of one of the decisions of
the Supreme Court to which Ihave referred:
''The superstition should not be induced
that Congress. while protesting to faithfully
execute the treaty stipulations and recog-
nizing the fact that they secure to certain
United St.tes Intended to make its protec-
ton depend upon the performance of con
ditioas which it was psIsiea'ix aposst 1,s
page 554l The act of July 5. 1884, imposes
such an impossible condition In not provid
ing for the admission, under proper certifi.
cate, of Chinese transfers of the exempted
classes In the cases most likely to arise in
ordinary commercial intercourse.
Article l of the treaty provides that the
limitation shall apply only to Chinese who
may go to the United States as lahorers
proceeding to the United States as teachers
Students merchants or from curiosity. shall
will and accord and be granted all the priv
ileges accorded to citizens of the most
favored nations. Section of the Chinese
immigration act of 1884, purports to secure
this right by means of certificates of their
status, which certificates shall be the sole
evidence to establish their right of entry
into the United States. But it provides for
the issuance Of certificates in two cases only,
whe maV at the tme
iects OF some Government other than
China.
purporting to execute treaty with China 10
respect to Chinese subjects enacts formaIi-
ties as regards subjects of other govern
ments than China. l call the attention of
Congress to the fact that the statute makes
no provision for the numerous classes of
Chinese persons, subjects of other countries
than China VIII o desire to come from such
other countries to the United States. They
may not be subjects of the country whore
how do ar,6f rn6 xynfi 1oh
subject, head of a house at Hong Kong, Hon
oiuiu. Havana or Colon desires to come here
of certificate in English issued by the
Chinese Government. If there be at his
place of residence. no representative of
China competent to issue such form of GER
tificate he can obtain none, and is by this
law uninstly deharred from entry. to the
United States. There being. therefore. no
provision by which such persons may prove
their exemption: the Secretary of
the the to remedy
lawful certificates those issued by Chinese
consuls or diplomatic Officers at the foreign
port when vfsed by the United States Con
sui. This seems a just application of the
spirit of the law He. however. went
providing. in a circular dated January ii,
1885, for original issuance of such certih Gates
by the United is! States Consul at the port OF
resentative, for it is clear that the interven-
ton of the United States Consul was intend
ed by the act to he supervisory only It be-
came necessary, therefore, to amend this
circular, and this was done the 18th of
June following by striking out the elansee
prescribing original certificates by United
States ConsuIs.
One complaint of the Chinese Minister. in
his note of March q, 1855. is that the Chinese
merchant, Law Sang, of King, Lee & Co., San
Francisco, having arrived at San Francisco
from Hong Kong and exhibited certificate
of the United States Consul at Hong Kong as
to his status as a merchant. was refused per-
mission to land and sent back to Hong Kong.
While his certificate was insufficient, under
the present law. it is to be remem.
bered that there is at Hong Kong
no representative of China competent |
to issue the required certificate. |
The intent OF Congress to execute the treaty |
is thus defeated. Conditions are exacted |
by the act which. in the words of the Su-
preme Court are physically impossible to |
perform" This analogous feature should |
be reformed in order that the recurrence of |
such cases may be avoided and the imputa- |
ton which would otherwise rest upon the |
good faith of the United States in the execu-
tion of their solemn engagements.
fSignedl GROVER CLEVELAND.