Los Angeles daily herald., 1888-10-02

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view to shorter period than stipulated
in the treaty for the exclusion of Chinese
laborers, and to change the conditions
agreed on which should entitle any
Chinese laborer who might go back to
China to return again to the United
States.
A THIRD AMENDMENT WANTED.
BY note from the Charge d'Affaires
ed Interim of China to the Secretary OF
State, received on the evening of the
25th ultimo "a copy of which is hereby
transmitted, together with the reply
thereto), a third amendment 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 Chinese
Consul instead of the United States Col
lector, as had been provided in the
treaty. The obvious and necessary effect
of this last proposition would be to prac-
tically 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 acqui-
escence with the request of the Chinese
Plenipotentiary and to his expressed sat
isfaction.
In 1886, as appears on the documents
heretofore referred to, the Chinese For
eign Office had formally proposed to our
Minister the strict exclusion of Chinese
laborers from the United States, without
limitation, and had otherwise and more
definitely stated that no terms whatever
for exclusion were necessary. for the rea-
son that China would of itself take steps
to prevent its laborers from coming to the
United States.
In the course of the negotiations that
followed, suggestion from the same
quarter led to the insertion in behalf of
the United States, the term of thirty
years, and this term was upon the repre-
sentations of the Chinese plenipotentiary
reduced to twenty years, and was finally
so agreed upon.
NO DISCRIMINATION AGAINST CHINESE SUB
JECTS.
Article II was wholly Of Chinese origin
alton, and to that alone owes it's presence
in the treaty, and it is here pertinent to
remark that everywhere in the United
States the 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 the 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 SUBJ
ject of China, whether of the laboring or
any other class. No disability accrues
from the non-residence of the plaintiff,
whose claim can be enforced in the usual
way by him or his assignee or attorney
in any court of justice. In this respect
it cannot be alleged that there exists the
slightest discrimination against Chinese
subjects and it is notable fact that
large trading firms and companies and
individual merchants and traders of that
nation are proftably established at
points throughout the
Union, in whose hands every claim
transmitted by an absent Chinaman, of
just and lawful nature, could be COM
pletely enforced.
The admitted and paramount right and
duty OF every government to exclude
from the borders all elements of foreign
population which, for any reason, retard
its prosperity or are detrimental to the
moral and physical health of the people,
must be regarded as recognized canon
OF international law and intercourse.
CHINA's NFIDELIrY.
China herself has not dissented from
this doctrine, but has by expressions to
which 1 have referred, led us confidently
to rely upon such action on her part in
cooperation with the United States as
would enforce the exclusion of Chinese
laDorers from our country.
This cooperation has not, however,
been accorded us. Thus from the unex-
pected and disappointing refusal of the
Chinese Government to confirm the acts
of it's authorized agent and to carry into
effect an international agreement, the
main feature of which was voluntarily
presented by that Government for our
acceptance, and which has been the SUBJ
ject of long and careful deliberation, an
emergency arises in which the Govern
ment of the United States is called upon
to act in self-defense by the exercise of
its legislative powers.
cannot but regard the expressed de-
mand on the part OF China for a re.exam-
ination and renewed discussion of the
topics so completely covered by the
mutual treaty stipulation, and an in
definite postponement and practical
abandonment of the objects we have in
view, to which the Government of China
may justly be considered pledged.
JUST AND FAIR RECOMMENDATIONS.
The facts and circumstances which
have narrated lead me on in the perform
ance of what seems to me my official
duty, to join Congress in dealing legis-
latively with the question OF the exclu.
sion of Chinese laborers, in lieu of the
further attempt to adjust it by interna-
tional agreement. But while thus exer.
cising our undoubted right in the inter-
eests of our people and the general well
fare OF our country, business and fairness
seem to require that some provision be
made by an act or Joint resolution
under which 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 the way, may be permit
ted to land, provided they have duly and
lawfully obtained, and shall present GER
tificates heretofore issued permitting
them to return in accordance with the
provision OF the existing law; nor should
our recourse to legislative measures of
exclusion cause US to retire from the Of
fer we have made to indemnify such Chi
nese subjects as have suffered damage
through violation in remote and compar-
atively unsettled portions of our coun-
try at the hands of lawless