The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-10-02
MEMPHIS. TENN. TUESDAY, OCTOBER 9 1855

proved Senate bill No. 1904 ito prohibit
the coming of Chinese laborers to the
United States" This bill was intended
TO supplant the treaty and was approved
IN the confident anticipation of an early
exchange OF Publications OF the treaty and
Its amendments and the proclamation OF
the same, upon which event the legisla.
ton so approved was by its terms TO take
| effect.
No information OF any definite action
upon the treaty by the Chinese govern
ment was received until the 2lst ultimo,
the day the bill which | have lust APP
proved was presented to me, when a tele-
gram from our minister at Pekin to the
Secretary OF State announced the refusal
oil the Chinese government 10 exchange
| ratliications OF the treaty Unless further
| discussion should be had with view 10
shorten the period stipulated in the treaty
| Tor the exclusion of Chinese laborers, and
TO change the conditions agreed on which
should entitle any Chinese laborer who
might 60 back TO China TO return again TO
the United States.
BY note from the Charge d'Aflairs ad
interim of China TO the Secretary of State,
received on the evening Of the 25th ultimo
Ia copy OF which is herewith transmitted,
together with the reply thereto), third
amendment is proposed, whereby the con.
sulate, under which any departing Chinese
laborer alleging the possession OF property
in the United States would be enabled to
return TO this country, should be granted
by the Chinese consul instead of the United
states collector, Us had been provided in
the treaty.
The obvious and necessary effect of this
last proposition would be practically 10
place the execution of the treaty beyond
the control Of the United States.
Article OF the treaty, proposed TO be so
materially altered, had in the course Of
the negotiations been settled in acquies-
cence with the request OF the Chinese
pienipotentiary and to his expressed salts
faction.
In 1866, as appears in the documents
heretofore referred TO, the Chinese foreign
office had formally proposed to our minis.
ter strict exclusion Of Chinese laborers
from the United States, without limita-
ton, and had otherwise and more defn-
itely stated that no term whatever for
exclusion was necessary, for the reason
that China would Of itself take steps to
prevent It's laborers from coming to the
United States.
In the course Of the negotiations that
followed suggestions from the same quar-
ter 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 30 agreed |
upon.
Article was wholly of Chinese origina- |
tlon, and to that alone owes its presence
in the treaty.
And Il is here pertinent TO remark that
everywhere in the United States laws for
the collection Of debts are equally avail.
able 10 all creditors without respect TO
race, sex, nationality 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,
OF the laboring or any other class.
No disability accrues from non-residcnCo
Of plaintiff, whose claim can be enforced
in the usual way by him or by his as
signee or attorney in our courts OF Justice,
In this respect Il cannot be alleged that
there exists the slightest discrimination
against Chinese subjec.s, and Il is n nota-
bic fact that large trading firms and CON-
panies and indiyidna,- ------i.----.-s .ss.'ir
rsdera ai ,i.-s nalion are prodtably estab.
ished NJ numerous points throughout the
Union, In whose hands every claim trans.
mitted by an absent Chinaman, Of Just
and lawful nature, could be completely
The admitted and paramount right and
luty Of every government 10 exclude from
ts borders all elements Of foreign popula.
lion, which for any reason rctard ils pros.
pcrity or are detrimental 10 the moral and
physical health Of its people, must be re-.
,arled ~ a recognized canon Of interna-
.ional law and intercourse. China herself
has not descended from this doctrine, but
has, by the expressions 81 which | have
led Us confidently TO rely upon
such action on her part In cooperation
with Ms as would enforce the exclusion Of
Chinese laboren from our country.
This cooperation has not. however, been
accorded Ms. Thus fact unexpected and
the disappointing refusal Of the Chinese
government TO confirm the acls Of United
States authorized agent, and 10 carry into
effect an international agreement, the main
features OF which was voluntarily pre-
scntcd by that government for our accept.
lncc, and which has been the subject Of
long and careful dclibcmtion, an omcr.
gcncy has arisen, in which the govern
ment Of the United States is called on 10
net In scli-dciense by the exercise Of Us
legislative power.
] cannot but regard tho expressed de.
mand ON the part Of China for relaxation
and renewed discussion 81 the topics 20
covered by mutual treaty slip.
ulations rs m indefinite p0siponcmcnt
and practical abandonment Of the objects
We have In view 10 which tho government
Of China may justly be considered as
pledged.
The facts and circumstances which I
have narrated lead me, In the performance
Of what seems 90 me 30 be- my official duty,
90 Join the Congress in dealing lcgi.lat.
lively with the question oi the exclusion ol
Chinese laborcn, In lieu Of further at.
tompis to adjust Il by International agree
mcnt.
But while thus cxcrcisingou uudoubiod
rights In the interests Of our people aud
for the general welfare Of our country |
Justice and fairness seems 10 require that
some provision should be- made by act or
joint resolution under which such Chinese
laboreB ~ shall actually have embarked
on their return 10 the United States before
the passage Of the law this day approved,
and are now on their way, may be per
mittcd 10 land, provided they have duly |
and lawfully obtained, and shall .
shall present, certificates heretofore issued |
permitting them 10 return IN accordance
with the provisions Of existing law.
Nor should our recourse 10 legislative |
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