New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-03-25
THE CHINESE CORRESPONDENCE.

VIEWS OF THE LAST ADMINISTRATION on THE
ENFORCEMENT CT THE EXCLUSION ACT.
Washington, March o4.-The volume OF correspond
ence with foreign governments for 1902 Just pub
lished by the State Department contains the first
exposition Of the views OF this Government as ex-
pressed by the late Administration upon the Chinese
Restriction and Exclusion acts OF 1883 and 1892 made
In response repeated protests by the Chinese Minister
in this city. Tsul Kwo WINS last communication on
the subject dated November Z. 1892. In II he
referred to previous communications by both hlhsel
and his predecessor. as far back January 90.
1885, both secretaries Blaine and Foster and stated
that OH October 6, 1890. Mr.. Blaine had expressed
the hope OF being able at early day TO convey
TO YOU the views OF the President in an ample ana
formal manner but that he had not yet received
the promised statement.
To this communication Acting Secretary Wharton
replied on December II. closing the correspondence
to the date OF preparation OF the volume. lie says
the act Of october L. 1883 1.-THE Scott law was brought
about by the rcgrettable failure TO complete the treaty
signed at Washington March IL. 1soo. The failure
OF that treaty through the wthholdment OF the III
peral ratification by China. says Mr.. WHARTON eA-
erted prejudicial influence upon American sentiment
Mr. Wharton calls attention to the fact that the
positiOn OF the Chinese In other countries anu Oh e
foreigner in China is different from that OF the re-
Iations existing between other natives and foreigners
when brought into contact with each o'her-oue "
The inherent "immiscihility" Of the Monaghan ana
Caucasian races. Passing by the special occas'ons
Of grievance by reason Of acts OF lawlessness' MT
Wharton proceeds discuss the legislation whch o'
the basis of the protests fled. He says
awhile more precisely providing FOR the e&ciusio" vi
newcoming Chinese laorers from Our shores, III pr-
suance Of policy In regard to which the hego'uoi
of Immediately preceding years had sho"h uie wv
Governments TO be in substantial accofu' ue Nv"
legislation aimed meet the case OF the Chinese
,ects actually residing and laboring IN the Ihi'ea
ding he
remain and enjoy the privileges OF residence stipulated
in the existing treaties should be confirmed 10 u"i
ly an orderly scheme OF individual deh'hcauoh an"
ort6ca,on The statute as completely aims TO pro-
ect the persons rights OF all Chinese persons Gu
titled to residential privileges as 1t does 10 proven.
their fraudulent enjoyment by those not eh'ltIea
thereto"
The necessity for this legislation, Mr.. Wharton Oh
serves was due TO the fact that heretofore eAsuhs
Temporary legislation was about 10 expire and the
further fact that negotiations for fuller ihterhauohai
accord on the general subject had failed under con
di,ions which aroused belief that the attitude OF China
wa, obstructive and the claims OF China UNREASONABLE
Mr. Wharton continues:
al" Is recrcttable that the attitude Of the Chinese
themselves appears TO be much one OF dchahce vi
the provisions OF the statute as that Of your govern
nent Is of protest against 1t in advance OF fair uai
| of its workings.
aAs for the charge OF unconstitutionality brought
against the penal provisions OF the act In question: thai
| !, n matter 10 be determined as you are aware. only
| Ay the judicial branch Of the Government which il
as freely open to Chinese subject as to the ciize
NJ the United States 1t Is the duty OF the Executive
| n enforce the law and no executive power exists
| 10 evade or repeal II.
"rbo nroypce OF the executive branch In this dis
| cusson Is to bring about "A better UNDERSTANDING VI
| the matter and to reach good accord as 10 th'
| urinciples involved. Such accord should not DE-
far to seek As you say in your note OF November u
:, conceded that the Imperial Government has not en-
couraced the emigration of Its people from China to W
United states but the contrary. in the negotiations
between the countries the subject IT has III u''
most friendly manner yielded TO the suspension -, 81
emigration II IS perhaps unfortunate ,ha' vi,
,ameiIle expression OF this friendly disposition wen
nn further than the negotiations which preceded ths
collapse Of the treaty signed In 1soe. see no r,S%
| ,vhw n better understanding may not De prousn
,ont whereby the position OF China sha U" OH
| NJ amcohle concurrence toward rational anu pncu,
| cal end rather than one OF obstrncon 10 III. w" 9,
| INC Of measures the adoption OF when iiaS Dell II
i"I derrcc forced upon the legislative power
The United states 10y the conduct OF ths on IN ,h'
| ncopr i'm this country and by the a,u'uue Va '"'
| imperial Government In tier regard