Waterbury evening Democrat., 1888-10-02

to shorten the period stipulated in the treaty for the exclusion of the Chinese laborers, and to change the conditions agreed on, which should entitle any Chinese laborer who might go back to China to return again to the United States
 By a note from the charge d'affaires ad interim of China to the secretary of state, received on the evening of the 25th ultimo "a copy of which is herewith transmitted, to- gether with the reply thereto), third amend ment is proposed, whereby the certificate under which any departing Chinese laborer alleging the possession of property ln thsz United States would be enabled toreturn eo 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 to te 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 1886, 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 excursion was necessary, for the reason that China would of itself take steps to prevent its laborers from coming to the United States
 In the course of the negotiations that fol lowed suggestions from the same quarter led to the insertion in behalf of the United States of a term of thirty years, and this term, upon the representations of the Chinese plenipotentiary, was reduced to twenty years" and finally agreed upon.
 Article 3 was wholly of Chinese origina- tion, and to that alone owes its presence in the treaty.
 And it is here pertinent to remark that everywhere in the U United States laws for the collection of debts arc equally available to all creditors without respect to 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 i'll 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-residence of a 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 it cannot be alleged that there exists the slightest discrimination against Chinese subjects, and it is notable fact that large trading firms and companies and individual merchants and traders of that nation are profitably established at nu- merous points throughout the Union, in whose hands every claim transmitted by an absent Chinaman of q just and lawful nature could be completely enforced,
 The admitted and paramount right and duty of every government to exclude from it's borders all elements of foreign popula- Hxyoio for p-ofo ard tS perity or ara detrimental to the moral and physical health of its people must be re- garded as a recognized canon of interna- tional law and intercourse, China herself has not dissented from this doctrine, but has, by the expressions to which have referred, led us confidently to rely upon such action on her part in cooperation with us as would snforce the exclusion of Chinese laborers from our country.
 The cooperation has not, however, been 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 interna- tional agreement the main feature of which was voluntarily presented by that govern nent for our acceptance and which had been the subject of long and careful dellberation, an emergency has arisen i'll which the gov ernment O. the United States is called upon to act in self defense by the exercise of its legislative power. 1 cannot but regard the expressed demand on the part of China fer | a 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 ob- l jects we have in view, to which the govern ment of China may justly be considered as 1 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 legislatively with the l question of the exclusion of Chinese laborers, in lieu of further attempts to adjust it by international arbitration.
 But while thus exercising our undoubtel right in the interests of our people and for the general welfare of our country, justice and fairness seem to require that some pro vision should be made by act or joint reso- 1 lution under which such Chinese laborers as shall actually have embarked on their return to the United States before the passage of the law this day approved, and 1 are now on their way, may be permitted to land, provided they have duly and lawfully obtained and shall present certificates hereto fore issued permitting them to return, in accordance with the provisions of existing | law.
 Nor should cur recourse to legislative measures of exclusion cause us toretire from the offer we Lave made to indemnify such Chinese subjects a. have suffered damage through violence in the remote and compara- lively unsettled DO. tions of our country at the hands of lawless men. Therefore, rec ommend that, without acknowledging legal liability therefor but because it was stipu- lated in the treaty which has failed to take effect, and in a spirit of humanity befittine our nation, there be appropriated the sum ot S276, ,6l9. 75, payable to the Chinese minister at this capital on behalf of his government as full indemnity for all losses and injuries sustained by Chinese subjects in the manne, and under the circumstances mentioned
 GROVER CLEVELAND.
 Executive Mansion, Oct. 1, 1888