Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-01-28
THE CHINESE QUESTION.
Publication of Interesting Diplo-
matte Correspondence.
BAYARD's ALLEGED ASSURANCES.

president has sent to the senate q report
from the secretary Of state, with accom-
panying documents, in relation 70 the exc
cution Of the acts Of congress approved May
9, 1882, and Oct i, 1885. concerning Chinese.
The secretary Of state forwards all the cor
respondcnce which has taken place between
the state department and the Chinese gov
ernment ON this subject. Under the date Of
Oct. 10, 1888, the Chinese minister COM
planned that number OF Chinese laborers
holding return certificates had been refused
permission 70 land at San Francisco The
state department forwarded TO the Chinese
minister a copy Of the law OF Oct l. 1898,
under which they were excluded, and under
date Of Jan. 90 1889, the Chinese minister
complained at some lcngth that this law is
in violation Of the treaty Of 1850 He also
claimed that Secretary Baynrd had assured
him during the negotiation Of the unratifled
treaty that the president would veto any
legislation which violated the treaty then
existing
Mr. Bayards Denial.
In a reply to this letter under date Of Feb
2, 1889, Mr.. Bayard wrote; II must assure
you with great distinctness that you labor
under misapprehonsion, and that no such
assurance was made or could have been
made by me in the course OF the conversa-
tion prior to the negotiation Of the treaty.
what Mr.. Bayard said.
In a letter dated Feb. 10, 1885, Chang Yen
Hoon, the Chinese minister wrote To Mr..
Rayard that he regretted that he should
have written anything 10 cause Mr.. Bayard
embarrassment: that he had not iutened to
hold him responsible for the action OF con-
gress or the president, but he had under
stood Mr.. Bayard ito be giving me your
view Of how his excellency the president
regarded the proposed legislation then pend
ing in congress- etc.
He did not understand, however, that this
twas made in the form of promise. He
inelosed memorandum Of his interview
with Mr.. Bayard, nttested by Shun Chean
Pom and D. w. Bartlett, of the Chinese lega-
tion, who were present In this memoran-
dunn Mr.. Bayard is quoted as saying. "Un-
less you and ! soon agree upon some salts
factory measures in our negotiations, con-
gress will certainly enact laws regardless OF
the treaty stipulation. Should such be the
case, they would violate the treaty and the
president would Of course veto them; but
still the executive would not like TO raise any
difficulty with congress. AS congress has
such object in view II would be better to
meet its wishes, etc. y
China Did Not wish Exclusion.
Proceeding, the Chinese minister says fur.
ther, that he was under the impression that
he could not discuss officially the presidents
message TO congress, but as Mr. Bayard has
stated in his note that that message reached
''the irresistible conclusion that the passage
Of the act Of exclusion was in consonance
with the expressed wishes Of China, he feels
IL his imperative duty to enter his respect.
full but earnest protest against any such as
sumption" The act, he says, was in direct
opposition 10 the wishes Of China
How the Bill Pissed.
Under date Of Feb 2s, 1889, Mr. Bayard
wrote to the Chinese minister that he was
not disposed to question the accuracy Of the
recollection Of the minister and the gentle
men Of his suite He then says in explana-
tion Of the presidents signing the Scott bin
that the fact that the news of the rejection
Of the treaty between the United States and
China came from Great Britain "gave inn
petus 10 the popular belief that influences
exterior 10 the two nations had been at
work. etc Under this condition of affairs
the Scott bill twas suddenly and without
notice brought forward in congress and
passed with an unanimity IN both houses
which palpably rendered an interposition
by a veto Of the executive wholly futile
The Celestial Grows Sarcastic.
In letter written July s, 1889, to Mr.
Blaine the Chinese minister speaks Of the
decision of the supreme court Of the United
States in the Chinese matter. The supreme
court, he says, has decided that the act Of
October, 1883, is In contravention Of ex-
press stipulations of the treaty, but it is
done in the exercise Of sovereign power
vested in congress, and must be respected
as the supreme law Of the land The su-
preme court cannot inquire whether the
reasons for this action we're good or bad
The minister continues: "You will par
don me, Mr.. Secretary, if / express my
amazement that such a doctrine should be
published TO the world by the august trib-
unal, for whose members, by personal ac.
quaintance, entertain such profound re-
spect. It forces upon me the conviction
that in the three years which have resided
In this country have not been able fully
and correctly 10 comprehend the principles
and systems Of your great government. In
my country we have acted upon the convic-
tion that where two nations deliberately
and solemnly entered upon treaty stipula-
tions they thereby formed a sacred com.
pact, from which they could not be honor
ably discharged except through friendly ne
gotiations and new agreement,
His Five Reasons.
He then asks Mr.. Blaine's interpositlon
with the president TO have the wrongs Of
the Chinese righted. He calls attention to
the facts that; First--The existing treaty
relations were brought about at the express
solicitation Of the United States Second
The action Of congress is not justified by its
conduct toward other nations nor by any
action Of the Chinese government. Third
| The action of congress is virtually a denun-
citation Of all existing treaties, and an in
vitation to China TO terminate all diplo-
matte and commercial relations Fourth
The action of congress must be held to be an
effront TO the government Of China. Fifth
| The government OF the United States must
accept accountability for all the injuries
| and damages resulting from the enforce
ment Of the act of congress-
Hayes and Arthur compIimented.
These five points the minister elaborates
| and argues at some length In conclusion
he says be trusts some way will be found
whereby "the hasty and unprovoked action
Of congress- may be undone. u cannot but
| feel" he says "that if the late president had
followed the example Of his predecessors,
| Presidents Hayes and Arthur when it was
attempted by congress to disregard treaty
stipulations. like happy result would have
! followed
Under date of Oct l6 the new minister,
Tsui Kwo Yen, complained 10 nr. Blaine
4 tket q new regulation had been ade pied