Evening journal., 1888-10-02


for the exclusion of the Chinese ,aborers, and
TO change tho conditions agreed on, which
should entitle any Chinese laborer who might |
60 back to China 10 return again 10 the 1
United States
BY note from the charge d'aflaires ad |
interim of China to the secretary OF state, |
received on the evening Of the 25th ultimo IA
copy Of which Is herewith transmitted To-
gether with the reply theretol, a third amend |
ment is proposed, whereby the certificate
under which any departing Chinese laboror
alleging the possession Of property In the
United States would be enabled to return to
this country should be granted by the Chi
nese consul instead Of the United States col.
lector, as had been provided in the treaty
The obvious and necessary effect of this last
proposition would be practically TO place the
execution OF the treaty beyond the control Of
the United States
Article / Of the treaty, proposed 70 he so
materially altered, had, in the course OF the
negotiations been settled in acquiesence with
the request Of the Chinese plenipotentiary
and TO his express satisfaction.
In 1856 as appears in the document here
tofore referred TO, the Chinese foreign Office
had formally proposed TO our minister strict
exclusion Of Chinese laborers from the
United States without limitation, and had
otherwise and more definitely stated that no
term whatever for exclusion was necessary,
for the reason that China would Of itself take
steps to prevent its laborers from coming 70
the United States
In the course OF the negotiations that fol
lowed suggestions from the same quarter led
TO the insertion in bohalf Of the United
States Of term Of thirty years, and this
term, upon the representations Of the Chinese
/ I1f41q 4Ft
years, and finally agreed upon.
Article was wholly Of Chinese origina-
tion, and to that alone owes its presence in
the treaty.
And il is hero pertinent 70 remark that
everywhere in the Z United States laws for the
collection Of debts are equally available 70 all
freditors without respect 70 race, sex, nation
ality or place Of residence, and equally with
the citizens or subjects Of the most favored
nations and with the citizens of the United
States recovery can be had in any court Of
Justice in the United States by a subject Of
China, whether Of the laboring or any other
class.
No disability accrues from non-residenco
of plaintiff, whose claim can be enforced in
the usual way by him or his assignee or at
torney in our courts Of justice.
In this respect 1t cannot be alleged that
there exists the slightest discrimination
against Chinese subjects, ard it Is a notable
fact that large trading firms and companies
and individual merchants and traders Of
chat nation are proiltaby established at nu-
merous points throughout the Union, in
whose hands every claim transmitted hy an
absent Chinauan Of just and lawful nature
could be completely enforced
The admitted and paramount right and
iuty of every government to exclude from
lis borders all elements of foreign popula-
tion which for any reason retnrd its pros
perity or are detrimental to the moral and
physical health Of its people must be re-
garded rs a recognized canon Of interna-
tional law and intercourse China herself
has not dissented from this doctrine, but hns
BY the expressions to which | have referred
led rs confidently to rely upon such action
on her part in cooperation with as as would
enforce the exclusion of Chinese laborers
from our country.
The cooperation has not however. bean
accorded us Thus from the unexpected and
disappointing refusal Of the Chinese govern
ment to confirm the acts Of its authorized
agent, and to carry into effect an interim
tional agreement the main feature Of which
was voluntarily presented by that govern
ment for our acceptance, and which had been
the subject Of long and careful deiberation
an emergency has arisen in which the gov
8rnment OF the United States is called upon
to act in self defense by the exercise Of its
legislative power. / cannot but regard the
expressed demand on the part Of China for
q re-examination and renewed discussion Of
the topics SO completely covered by mutual
treaty stipulations as an indefinite postpone
ment and practical abandonment Of the OBJ
iects we have in view, to which tho govern
ment Of China may justly be considered as
pledged.
The facts and circumstances which have
narrated leave me, in the performance Of
what seems to be my official duty, to Join
the congress in dealing cgislatiyely with the
question Of the exclusion Of Chinese laborers.
in lieu Of further attempts to adjust it by
international arbitration
But while thus exercising our undoubtej
right in the interests Of our people and Tor
the general welfare Of our country. iustice
and fairness seem to require that some pro
vision should be made by act or Joint reso-
luton under which such Chinese laborers
is shall actually have embarked on their
return 10 the United States before the
passage Of the law this day approved, and
are nbw on their way, may be permitted to
lanS provided they have duly and lawfully
obtained and shall present certificates hereto
fore issued permitting them to return, III
accordance with the provisions Of existing
law.
Nor should our recourse 10 legislative
measures Of exclusion cause Us Is retire from
tile offer we have made to indemnify such
Chinese subjects as have suffered damage
through violence in the remote and compare
lively unsettled portions Of our country az
the hands Of lawiess men. Therefore, I rec
ommend that, without Acknowledging laeni
liability therefor, but because it was stiIu-
lated IN the treaty which has failed 10 take
oifect, and in spirit Of humanity befttinq
our nation, there be appropriated tha sum Of
id,Gl9f5, payable 70 the Chinese minister
&. this capital On behalf d bis government.
IS lul indemnity fer an losses ana injuries
us;ained by Chinese subjects ia the manner
aud under the circumstances mentioned.
GROVER CLEVELAND.
Executive Mansion, Oct 1, 1seS.
THE NEWS IN SAN FRANCISCO.