The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-09-04
Chinese CHEAP LABOR.
A Bill Absolutely Prohibiting Its
Entry to America
is PASSED UNANIMOUSLY
by the Lower House-surplcmentary
Enactment to the Present Law. .
Debate in the sennte-A
Non.Partizan Action.

consent to introduce for present consid
Grafton, a bill supplementary to an act t
execute certain treaty stipulations relat
ing to the Chinese, approved May
1882. The bill passed without objection
or division.
SECTION provides that from and afte
the passage OF this act, it shall be unlaw
full for any Chinese laborer, who shal
at any time heretofore have been or who
may now or hereafter be q resident with
in the United States, and who shall hav,
departed or shall depart therefrom
and shall not have returned before th,
passage OF this act, to return to the
United States.
SECTION provides that no certificates
OF identity provided for in the fourth
and fifth sections OF the act to which
this is u supplement, shall hereafter be is
sued, and everyCertifcate hereafter issued
in pursuance thereof is hereby declared
void and OF no effect; any Chinese Ia
borer claiming admission by virtue
thereof shall not be permitted in the
United States.
SECTION 3 provides that all duties
prescribed and liabilities, penalties and
forieitures prescribed by the second,
tenth, eleventh and twelfth sections Of
the net to which this is supplementary
are hereby extended and made applica-
bic 10 the provisions OF this act.
Mr.. Scott stated that the proposed
legislation was the only means by which
the Chinese laborcr could be kept out
OF the country.
In the Senate at first Mr.. George
moved the bills reference to the Com
mittee on Foreign Relations, but that
course was resisted by Senators Stewart,
Mitchell and DOlph, and Mr.. Vest de-
clared himself prepared to vote for the
bill Immediately. Under these Circum-
stances, Mr.. George withdrew the
motion to refer.
Mr.. Sherman made statement us to
the course OF the Committee on Foreign
Relations on the subject and advocated
the passage OF the bill on the ground
that every nation had right to provide
for its own preservation, even in contra
vention OF existing treaties.
Mr.. Sherman gave u detailed statement
Of the course Of the Committee on For.
eign Relations in regard to the treaty
recently ratified by the Senate, with
including an interview
with the Secretary Of State. No one
doubted the power OF the United States
to make the exclusion OF
Chinese absolute, even without nego-
tiation, and neM treaty, and even in
OF the existing treaty. Every
nation had IL right to provide by law for
its own safety. BUTT had been the gen.
eral desire OF the Committee on Foreign
Relations to have the Chinese govern
ment assent by treaty to the absolute
exclusion. II the object could be accom-
plishcd in that way, and without direct
act OF Congress, mot in harmony with
the treaty. the committee preferred to
have it done in that way. A sub.cOm-
mittee OF three had talked tho matter
over in most friendly manner with
Secretary Bayard, and the Secretary had
entered into negotiations with the Chi
nese government in view Of the proposed
OF the treaty, The new
treaty had been negotiated and had been
ratified by the Senate with amendments
to make ii clear, and which amend
ments, it was supposed, the Chinese
would have agreed TO.
He supposed from what the newspa-
pers said that the rejection OF the treaty
by the Chinese government was connect
cd with the Australian complications and
with the idea that the Chinese govern.
ment would have to conCede to Great
Britain in reference TO It's Australian col.
onies the mcterms which are conceded
to the United States. He therefore
would not make any objection to the
passage OF the bill and he hoped 1t would
pass; but this was with the distinct
understanding that the House had pass
cd II with the knowledge that tho new
treaty had been rejected by the Chinese
II that should prove
the fault would not be that OF
the Senate.
Mr.. Butler-If this bill should become
n law, would it not be in direct contra.
vention OF the treaty between the
United States and China?
Mr.. Sherman-I think that the bill is
isconsistent with the treaty, but as the
Chinese government declines TO make
the proposed changes we have the un-
questioned right to pass this bill.
Mr.. Butler-So that there is treaty
now existing between the United States
and China with which this bill comes
in conflict?
Mr.. Shcrman-Undoubtedly, because
under it, it is provided that Tor II certain
time and under certain circumstances
Chinese laborers who have becn here
have n right to come back, and it is only
because its provisions have been viO-
lated by fraud and perjury that such n
law as this is justiiiable.
Mr.. Butler-Then you admit that this
bill is violation OF the treaty and there
fore violation OF the Constitution Of
the United StatesFs,
Mr.. Sherman-l deny the ergo.
Mr.. Butler-I will take back the ergo
because it is not a violation of the con-
stitution, but you admit that it is u
violation OF an existing treaty?
Mr.. Teller-The term violation rs not
a proper term where there is n legisla-
latiYe displacement OF n treaty. Abro-
CATION is the term.
Mr.. Butler-Now I understand the
Senator from Ohio to state that this act
will be violation Of an existing
treaty.
Mr.. sherman-I did not use the word
"violation."
Mr.. ButIer-What is the word?
Mr.. Sherman-It is the abrogation OF
a treaty; just as law may be a6rogated.
A treaty is law.
Mr.. Butler-This is m ahrogation then
OF the treaty between the United States
and China.
Mr.. sherman-It is n substantial
change.
Mr.. Butler-Is this the form in which
it is provided the treaty may be abrO
gated?
Mr.. Sherman-It is not, but there il
no doubt OF the power OF Congress L
repeal a treaty II 1t chooses to exercise
that power. Every nation has that right
Mr.. Butler-I think there is a goot
deal OF the game OF politics in this whole
business, and 1t is not a very seemly
thing either. But for the fact that eact
party wants to get the vote OF the Pa
citic coast this scene would not be en-
acted in the Senate.
Mr.. Mitchell-The Senator is speaking
about his own party.