Evening capital. (Annapolis, Md.) 1884-1910, 1888-10-03

t0e TS4ksSS1t t1fS 1nllCSS governments 10 HA~
change ratifcations of tho treaty, unless
farther discussion should be had with a view
TO shorten the period stipulated in the treaty
for the exclusion Of the Chinese laborers, and
to change the conditions agreed on, which
should entisle any Chinese laborer who might
go back to China to return again to the
United States
BY note from the charge d'affaires 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 laborer
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 cbvious 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 be 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 exclusion 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 term of thirty years, and this
| term, upon the representations of the Chinese
| plenipotentiary, was reduced to twenty
| years. and finally agreed upon.
Article 2 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 United States laws for the
collection OF debts are 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 in any court of
| justice in the United States by subject of
| China, whether of the laboring or any other
| class.
| No disability accrues from non residence
/ 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 it cannot be alleged that
| there exists thu slightest discrimination
against Chinese subjects, and it is notable
fact that large trailing firms and companies
1 and individual merchants and traders of
that nation are pvo1tably established at nu-
/ merous points throughout the Union, in
whose hands every claim transmitted by an
absent Chinaman of just and lawful nature
could be completely enforced.
The admitted and paramount right and
duty of every government to exclude from
its borders all elements of foreign popula-
ton which for any reason retard its pros
perity or are detrimental to the moral and
physical health of its people must be re-
garded as a recognized canon of interna-
tiona2 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
enforce 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
l
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 deliberation,
an emergency has arisen in which the gov
ernment OF the United States is called upon
to act in self defense by the exercise of its
legislative power l cannot but regard the
expressed demand on the part of China for
denomination 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 the 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 legislatively 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 undoubted
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-
luton 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
are now on their way, may be permitted tc
land, provided they have duly aud lawfully
obtained and shall present certificates hereto
fore issued permitting them to return, In
accordance with the provisions Of existing
| law.
Nor should our recourse to legislative
measures Of exclusion cause us to retire from
the 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 al
the hands OF lawIess men Therefore, rec
ommend that, without acknowledging legal
liability therefor, but because it was stipu
lated in the treaty which has failed to taks
effect, and in spirit of humanity behtting
our nation, there be appropriated the sum oi
&276, ,GI0. IS, payable to the Chinese minister
ut this capital on behalf Of his government