The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-16
HERE is THE LAW OF It.
The Action OF the Butte City Council
Sustained by the Attorney
General.
None of tho Treaty Articles With
tho Chinese Have Been
Violated.
4 Review of Legislation on tho Subject
and PROVISIONS Of tho Different
Treaties.

a Review Of Legislation on The Subject
and Provisions OF the Different
Treaties.
Alto ney General Haskell has submitted
. lengthy opinion to Gov. Richards In re.
spect to the action Of the Butte city council
in requesting all city employees NOT to
patronize Cinnamon. as asked for by
the Silver Bow Trades and Labor
assembly. The opinion 10 to tho
effect that the councils action wns perfectly
proper. Thompson Campbell. OF Butte. for
the Six companion. asked Gov. Richards to
consider whether OF not II did not initiate
against the treaty obligations OF tho United
States with China, and tho governor sent
all the parere in the case to the attorney
general. The questions submitted TO tho
attorney general were: First, IL the action
of tho Butte city council in contravention
with any law OF congress or any treaty.
stipulation or obligation Of the United
States government with that OF China and
the subjects thereof residing and being
within the United States under said treaty
Second, does this case present suoh a state
of facts. if true. as will warrant executive
interference in the absence of any COM
plant on the rart of the subjects Of the
Chinese government. who ars residing
within the jurisdiction of the state of Mon-
tAna. or a demand for an inquiry by the
department of state Of the general govern
ment? The first treaty of any note TINT
WAS entered into between the general gov
---.-A --a Cn:-~ -.n -.A~n
amity. and commerce., between tho United
States OF America and tho Ia Tsing empire.
concluded at Wang Hiya on July 8, 1874
and ratified by the president Jan. II, 1845.
One of the conditions of the treaty was
to the effect that there shall be a perfect.
permanent and universal peace. and a sim
cere and cordial amity. between the United
States of America on the one part, and the
Ia Tsing empire on tho other part. and be-
tween their people respectively, without e1-
ception of persons or places" The object
Of the treaty was to open to the citizens Of
the United States five Chinese ports and
permit the citizens of the United States to
proceed ut pleasure with their vessels and
merchandise to and from any foreign port
to either of the five ports and from either
of the Eve points to any other of them. At
each of the five ports citizens of the United
permitted to import from, their, owntbf any
other port into China, and sell ,there. and
purchase therein and exportsto their own
or any other ports all manner OK msrchnn-
disc of which the importation or expqttation
was not prohibited by the treass.' 81 ,T4cc for
NOR limitation of trade OF foteign' nhfions to
ettain persons appointed at by the
government, and commonly called hong
me- chants, was thereby abolished and citi-
zens of tho United States engaged in tho
purchase or sale of imports or exports were
by the articles of the treaty admitted to
trade with any md all subjects of China
without distinction, and were not TO be
subject to any new limitations, or impeded
in their business by m%onopolies or other in
furious restrictions. At tho places of an
chorage of the vessels Of tho United States,
merchants. Eeamen or others sojourning
there might pass and rcpass in the immedi-
ate neighborhood, but they could not at
their pleasure make excursions into the
country among the villages at large, nor
could they repair to public marts for the
purpose Of disposing of goods unlawfully
and in fraud of the revenue.
All citizens of the United States in China.
peaceably attending to their affairs. were
placed on a common footing Of entity and
good will with subjects of China. and were
entitled to receive n enjoy for themselves,
and everything appertaining to them. the
Special protection of the local authorities of
government, who were required to defend
them from oil insult or injury Of auy sort
on the part of the Chinese. II the citizens
Of the United States had special occasion
to address any communication to the Chi
nese To-, Al officer of government. they were
required to submit the same to their couu-
Sol or other officer to determine If the Ian
guage DO proper and respectful, and the
nntter just and right. in which event the
counsel would transmit the same to the ap-
propriate authorities for their considera-
lion and action ia the premises, And if
controversies should arise between citizens
pf the United States and subjects of China,
which could not DO nmicably settled other
wise, the same should be examined and de-
,ided conformably to Justice and equity bv
he public officers of the two nations acting
u conjunction.
ltiwas stipulated that the provisions of the
reaty should not be altered without grave
,ause, but innsmuch as the circumstances
pf the several ports of China open to for.
ign are different. experience
nav show that inconsiderablc notifications
re requisite in those parts which relate to
commerce and navigntiop; in which case
he two government will at tho expiration
twelve years from tho date of conven-
ion trent amicably concerning tho same
y the means Of suitable persons appointed
Q conduct the negotiation, ln 1858. which
Fu5 nearly tnlrteen years after the rntifi-
alton of the first treaty with China and
uring the administration Of President
buchanan, the two governments adopted
nd renewed in II manner clcar and positive
y means of a treaty or general convention
nence. amity and comMel ce, tho rulos.
ghioh were i'll future to be mutually oh
owed IN tho intercou' 80 of their ,espectiye
ountries. This treaty was substituted for
ne treaty Of 1874 so far as the provisions
elatad to identical subjects and had the
fleet of opening additional ports to com
nerce and permitted citizens of tho United
tntes with their families to trade therein.
nd to proceed at pleasure with their YES
oils and merchandise from any of the porta
, any other OF them. Prior to the ndop-
on of this last nEmed treaty the vesssela
+ the United States had not been admitted
b trnde freely with tho ports of China on
n equal footing with the vessels OF other
@puEtries. but this treaty had the effect to
pen to the United StateB all the ports of
(hina which we're at that time open to for
IN commerce.
Following the rule laid down in article "a
tho I enty of 1874, which provided that
dditional n ticles might be made thereto
very twelve years, the United States and
le In Using empire entered into articles
dditionnl to the treaty OF 1868 which were
ltified by the president in 1868, and which |
AZ known MS the Burlingnme treaty. In
30 last named I eaty the emperor of China