Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-10-02
the same, upon which event the legislation
30 approved was, by its terms, to take ef-
CHINA's ACTION.

tions Of the tleaty unless further discussion
should be had with view to shorten th'
period stipulated in the treaty for the ex
clusion OF the Chinese lsborers, and Il
change the conditions agreed on, which
should entitls any Chinese lsborer who
might 60 back to China to return again u
the United States, By note from the
Charge D'Affairs ad Interim of China Il
the Secretary of State, received on the
evening OF the 25th ulto., Ia copy of which
is herewith transmitted, together with ths
reply thereto); third amendment is pro
posed, 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 Re grant
ed by the Chinese Consul instead Of the u
s. Collector, as had been provided 10 the
1 treaty.
The obvious and necessary effect OF the
last proposition would be practically tC
place the execution of the treaty beyond
ths control of the United States.
| Article I. OF the treaty, proposed to bt
go materially altered, had In the course OF
the negotiations bsen settled in acqui-
escencs with the request of the Chinese
plenipotentiary and to his expressed satis.
| faction.
In 1885, 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
tion, and moro definitely stated that nc
term whatever for the exclusion was neces'
ssry for the reason that China would o.
i,aelf take steps to prevent its laborert
from coming to the United States.
la the course of the negotiations that
followed, suggestions from the same quar-
ter led to the insertion in behalf OF tht
United States of term of thirty years, y
and this term upon the representation o.
the Chinese Pienipotentisry was reduced
to twenty years." and finally 30 agreed
upon.
Article II. was wholly of Chinese origi,
nation, aud 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 o.
residence, and equally with the citizens OF
subiscts of the most favored nations, and
with the citizens of the United States re-
coyery can be had in any court OF justice
in the United States by subject OF China,
whether of the lsboiing or any other class,
NO DISABILITY ACCRUEs
from non-residence of plaintiff, whose
claim can be enforced in the usual way by
him or by his assignee or attorney IN our
courts of justice.
In this respect it cannot be alleged that
their exists the slightest discrimination
against Chinese subjects, and it is nota-
BILE fact that large trading firms, and com
panies and individuals, merchants and
traders OF that nation are profitably estab-
lished at numerous points throughout the
UGion, in whose hands every claim trans
mitted by an absent Cbinsmsn of q just
and lawful nature could be completely en-
forced.
The admitted and paramount right and
duty of every government to exclude from
its borders all elements Of foreign popula-
tion, which for any reason retard its pros
perity or are detrimental to moral and
physical health of its people must be
regarded as recognized canon OF
international law and intercourse. China
herself has not descended from this doc
trine, but has by the expressions to which
have referred, led Ms confidently to rely
upon such action on her part in oo-opera-
tion with MS as would enforce the exclu-
sion of Chinese laborers from our country.
TIE corporation has not. however, been
accorded us, thus from the unexpected
and disappointing refusal of the Chinese
government to confirm the acts of its su-
tf,orized agent and to carry into effect an
international agreement, the main feature
of which was voluntarily presented by
tn Vt government for our acceptance, and
which has been the subject of long and
careful deliberation, an emergency has
arisen, in which the government
of the United States is called upon to act
in sell. defence, by the exercise ofits legis-
lasiye power 1csnnot but regard the eI-
pI Iessed demand on the part Of China for
re-examinatiop of and renewed discussion
of the topics 80 completely covered by mu'
tual treaty stipalstiops as an indefinite
postponement and practical abandonment
| of the objects we have in view to which the
Government Of China may justly be con-
sidsred as pledged.
The facts and circumstances which
have narrated lead me in the performance
of what seems to be my official duty to
Join the Congress in dealing legislatiVely
J with the question of the
EXCLUSION OF CHINESE LABoRERs
in lieu of further attempts to adjust it by
International agreement.
| But while thus exercising our undoubted
right in the interests of our people, and
| TO the general welfare Of our country, JUS
tice and fairness seem to require that some
provision should be made by act or joint
resolution, under which such Chinese Ia
borers 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 permit.
ted to land, provided they have duly and
lawfully obtained and snail present Ger
tificates heretofore 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 tt
indemnify such Chinese subjects as have
suffered damage through the violence, In
remote and comparatively unsettled por'
tions Of our country, at the hands Of law
less men.
Therefore, recommend that without
acknowledging legal liability therefore,
but because it was stipulated in the treaty
which has failed to take effect, and in
spirit of humanity BETTING our nation,
there be appropriated the sum Of $276. l6
payatls to the Chinese Minister at this
capital, on behalf of his government as full
indemnity for all losses and injuries sus
tanned by Chinese subjects in the manner
and under the circumstances mentioned.
GROVER CLEVELAND,
Executive Mansion, October /, 1883.
| Plaadipx for spencer's Life.