Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1886-09-17


treaty. Under the fifth article the
contracting powers agreed to pass laws
making it penal offence for citizen
Of the United States to take Chinese
subjects either to the United States OF
to any other foreign country, or for a
Chinese subject or citizen of the Uni
ted States to take citizens Of the Uni
ted States to China or any other for
eign country without their free and
voluntary consent respectively" The
United States has kept its part Of this
compact by Sections 2,15S to 2,l64 in.
elusive of the Revised Statutes, the
provisions of which are positive in
their terms and almost extreme in
their penalties. China, however, has
utterly neglected to make such law
or to take any effective steps to pre-
vent emigration under duress, Of hei
subjects.
1t has been already shown that in
California the Cinnamon are held un-
der the despotic control of the Six
Companies, and it. is beyond dispute
that the Companies obtain their i'm
migrants through process Of sale
which amounts to nothing more or less
than an infraction of the treaty. With
characteristic cunning and farsighted-
ness the Chinese place the barracoons
OF coolies within the territories allotted
to foreigners. They were at one time
located in Hong Kong, which is under
British control; but when the outrage
became too manifest they were re-
moved to the Portuguese territory of
Macao. TO prove i'm any individual in
stance that Chinaman passed from
the Chinese population Of Canton to
the Chinese population Of Hong Kong
or Macao is, OF course, practically inn
possible, although the fact that such is
the case with the thousands thus trans
ferred is demonstrated by the very ex-
istence of the barracoons. Further,
although the passage OF Chinese sub
jects to territories controlled by Eu-
reopeans is Il matter with which the
United States can have no legal con-
Germ, and in which by international
law it is prevented from interfering,
the obigation assumed by China is
not qualified by any exception, and so
far as her own action is concerned is
as obligatory as if Hong Kong and
Macao did not exist. The fact that
the Chinese Government has not
thought proper to contribute even the
empty form of an edict to the observ-
ance Of the treaty is a practical repu-
diation of its provisions. Renounced
by China that treaty is not binding
upon the United States. Thus the
strictest Interpretation of law, as does
all else, makes manifest the right OF
our Government to avoid in its turn
the disregarded compact. The duty,
also, is clear, for except through Con-
gressional action there is no remedy.
The Burlingame treaty, in fact and
substance, is an estoppel upon the full
and free administration Of our munich
pal affairs. It is true that China has
rendered the treaty void; true that its
existence is continual injury to this
country. But before q declaration on
the part OF the political branch Of the
Government, neither the States in
their corporate capacity, nor the Fed
eral courts in considering the treaty
as a law, can take cognizance of the
truth however manifest. Thus, the
action of State legislatures has been
repeatedly made impotent and useless
by Federal decisions founded upon a
treaty nullified by non-performance on
the part of the very power in behalf
of whose subjects it has been invoked.
ITO be continued.l