The morning call., 1893-03-25
THEIR OWN FAULT.
Why the Chinese Need
Certificates.
THEY FORM A RACE APART.
By the Action of Their Own Govern
ment Was the Geary Exclusion
Law Made Necessary.
THEY FORM A RACE APART.
Special to THE MORNING CALL

WASHINGTON, March pa volume of
correspondence with foreign Governments
for 1892, Just published by the State Depart
ment, contains the first exposition OF the
views of this Government. as expressed by
the late administration, upon the Chinese
restriction and exclusion acts of 1889 and
1892, made in response TO repeated pro-
tests by the Chinese Minister residing in
this city.
Tsui Kwo Yin's last Communication on
the subject was dated November 7, 1892. In
it he referred to the previous communion
tions by both himself and predecessor, as
far back as January %, 1889. to both Secre-
taTies Blaine and Fos er, and stated that on
October 6, 1890. Blaine expressed the hope
of being able ''at an early date to convey to
you the views OF the President in an ample
and formal manner" but that he had not
yet received the promised statement
To this communication acting Secretary
Wharton replied on December -, closing
the correspondence to the date of tbs prep
aration Of The volume. He says: The act
Of October l. 1888 Qhe Scott law, was
brought about by the regretiabe failure to
complete the treaty signed at Washington
March u, 1855. The failure of that treaty,
through the withholdment of Imperial rati-
fcaton by China" says Mr.. Wharton.
''exerted a preiudicial influence upon
American sentiment"
Wharton calls attention to the fact that
the position of the Chinese IN other coun-
tries and Of foreigner in China as different
from that of the relations existing between
other natives and foreigners when brought
into contact with each other is due to the
inherent immiscbllity of the Mongolian
and Caucasian races.
Passing by the special occasions of griev-
anee by reason of acts of lawlessn ness,
Wharton proceeded to discuss the legislation
which forms the basis of the protests filed.
lie says: while more precisely providing
for the exclusion of new-comiug Chinese
laboTers from our shores, in pursuance Of
the policy in regard to which negotiations
of the Immediately preceding years have
shown the Government to be in substantial
accord, the new legislation is aimed TO meet
the case Of Chinese subjects actually resid-
ing and laboring in tile United States, by
providing means whereby their right to re-
main and enjoy the privileges Of residence,
stipulated In existing treaties, should be
confirmed to them by the orderly scheme Of
individual Identification and certifcation.
The statute as completely aims to protect
the persons and rights Of al Chinese per
sons entitled to residential privileges as 4:
does TO prevent their fraudulent enjoyment
by those not entitled thereto.
The necessity for this legislation"
Wharton observes, ''is due to the fact that
heretofore existing temporary legislation
was about to expire, and the further fact
that negotiations for fuller international
accord on the general subject failed, under
conditions which aroused the belief tnat the
attitude OF China was obstructive and the
claims Of China unreasonable"
Wharton continues: 'It is regretiable that
the attitude of the Chinese themselves
RpDears 10 be as much one of defiance of
the provisions Of the statute as that of your
Government Is of protest against it in
advance Of fair trial of Its workings. As
for the charge of unconstitutionality
brought against the penal provisions Of
the act in question. that is matter 20 be
determined, as you are doubtless aware,
only by the judicial branch of the Govern
ment. which IS as freely open to a Chinese
subject as to R citizen of the United States.
1t is the duty Of the executive to enforce
the law, and no executive power exists to
eYade or repeal it.
The province Of the executive branch in
this discussion is to bring about a better
uAit4EA 7tduu4b5 VI tllb uIdLLEI anu Ie9cl GOOQ
accord as to the principles involved. Such
accord should not be far to seek. AS you
say in your mole of November 6, 1T is con-
ceded the Imperial Government has not en-
couTaged the emigration of its people from
China TO the United States, but on the con-
trary. in the negotiations between the eoun-
tries OF the subject, has in most friendly
manner yielded to the suspension of emf
grafton 1t is perhaps unfortunate that the
tangible expression OF this friendly disposi-
tion went no further than the negotiations
which preceded the collapse of the treaty
signed in 1888. l see no reason whya better
understanding may not be brought about
whereby the position of China shall be one
Of amicable concurrence toward a rational
and practicable end, rather than one of OBJ
structiOn TO the working of a measure the
ed ption of which has been in a large degree
forced upon the legislative power of the
United States by the conduct of the Chinese
people in this country and by the attitude
of the Imperial Government in their in
terest."