, 1888-10-02
SIGNED AND CONCLUDED

AooSs bOlhs cubLllIhCu " bhS duu
consent Of the senate and its confirmation
on the It'll day OF May last, accompanied
by two amendments which that body en-
grated upon it.
On the 18th day of the same month the
Chinese minister who was the p~lenipo-
Tertiary of his government in the negotia-
ton and conclusion of this treaty, in a
note to the secretary of the senate, gave
his approval of these amendments as they
did not alter the terms of the treaty and
the amendments were at once telegraphed
to China whittier the original treaty
had previously been sent Immediately
after Its signature on March IL. In the
course of time negotiations that followed
the suggestions from the same quarter led
to the insertion on behalf of the United
States of a term of thirty years, and this
term upon presentation to the Chinese
plenipotentiary was reduced to twenty
years and finally
so AGREED UPON.
Article 2 was wholly OF Chinese organi-
cation and to that alone owes its presence
in the treaty, and it is here pertinent to
remark that everywhere in the United
States laws for the collection of debts are
equally available to all creditors without
respect to race, sex. nationality or place
of residence, and equally with citizens or
subjects of most favored nations and with
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 laboring or any other class.
No disability accrues from the n%onresi.
dence of a plaintiff whose claim can be
enforced in the usual way by him or his
assignee or attorney in our courts of JUS
tice. In this respect it cannot be alleged
that there exists the slightest discrimina-
ton against Chinese subjects, and it is a
notable fact that large trading firms and
companies and individual merchants
and traders of that nation are proitably
established at numerous POINTS through
out the Union in whose hands every
claim transmitted by absent Cinnamon of
Just and lawful nature could be
COMPLETELY ENFORCED.
1t is an admitted and paramount right
and duty OF every government to exclude
from its borders all elements of foreign
population which for any reason retard its
prosperity or are detrimental to the moral
and physical health Of its people and must
be regarded as a recognized canon of inter
national law, and, indeed, China herself
has not dissented from this doctrine, but
has by the accessions to which l have re-
ferred led the United States confdentially
to rely Upon such action on her part in CO.
operation with the United States as
would enforce the exclusion of Chinese
laborers
FROM U COUNTRY.
This cooperation has not, however,
been accorded the United States, thus
from an unexpected and disappoting re-
fusal OF the Chinese government to con.
firm the acts of its authorized agent, and
to carry into effect an international agree
ment the main feature of which was vol.
unfairly presented by that government
for our acceptance, and which has been
the subject of long and careful delibera-
ton. An emergency had arisen in which
the government of the United States was
called upon to act in self defence by the
exercise of its legislative powers, and |
cannot but regard the expressed demand
on the part of China for a denomination
and renewed discussion of the topics so
completely covered by mutual treaty stip-
ulations as an indefinite -postponement Of
the objects we have in view to which the
government of China may Justly
BE CONSIDERED PLEDGED.
The facts and circumstances which |
have narrated lead me in the performance
of what seems to me my official duty to
isin ongress in dealing legislatively with
the question of the exclusion of Chinese
Iaborers in lieu of further attempts to ad-
Just it by international agreement. But
while thus exercising our undoubted
-tah q -, NHA ~F I
for the general welfare of our country,
justice and fairness seem to require that
some provision be made by act or joint
resolution under which such Chinese la
borers as shall have embarked on return
to the United States before the passage
of this law this day approved, and are now
on their way, may be permitted to land
provided they have duly and lawfully OBJ
tanned and shall present the certificates
heretofore issued permitting them to re.
turn in accordance with the provisions of
the
EXISTING LAW.
Nor should our recourse to this legisla-
tive measure of exclusion cause us TO de
part from the offer we have made to it,
demnify such Chinese subjects as have
suffered damage through violence in re-
mote and comparatively unsettled portions
Of our country at the hands of lawless
men. Therefore. | recommend without
acknowledging the legal liability therefor,
but because it was stipulated in the treaty
which has failed to take effect and IN
A SPIRIT OF HUMANITY
befttlng our nation, that there be appro.
nriated the sum of $276, 619.75 payable to
thn Nh,,n,n ,,,tou -. aI. III. -
behalf of his government as full indemnity
for all losses and injuries sustained by
Chinese subjects 10 the manner and under
the circumstance mentioned.
[Signed GROVER CLEVELAND.