The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-03-25
INHERENT IMM|SCIB|LI1Y'
That's the Reason Why the Chinese
Are not Wanted Over
Here.
Mr.. Wharton to MI. Yin, In Reply
to the Latter's Polite
,... Request.
Action Of Both Governments In tho Nsgo-
tintion Of Treaties and tho Enforce
mont OF Laws.

WASHINGTON, March 24.--The volume Of
correspondence with foreign governme nts
for 1897, published by tho state department.,
contains the frat exposition Of the views Of
this government as expressed by the late
administration upon the Chinese %restric-
tion and exclusion act Of 1889 and 1892,
made in response to repeated protests by
the Chinese minister residing In this city.
1,sui Kwo Yin's last communication on tho
subject was dated Nov. 2, 1892. In il he 70.
ferred to previous communications by both
himself and his predecessor. rs far back as
Jan. 90. 1889. to both Secretaries Blaine and
Foster, who promised ''at an early date to
couve to you the views Of the president in
ample and formal manner" but he had
not yet received the prom
ised statement. To this commu-
n~ication Acting Secretary Wharton
replied, Dec. II, closing tie correspondence
to date Of the preparation of tho volume.
He Gays the act of Got. l. 1883, tthe Scott
law, was brought about by a reRretable
failure to complete the treaty signed at
Washington. March IL, 1883. TIL failure Of
that treaty. through withholdment of inn
perial ratification by China. says Wharton,
exersed . prejudicial influence upon Amer
loan sentiment. Wharton calls attention
to the fact thst ths position Of Chinese in
other countries and of the foreigner in
China, 10 different from that Of the relations
between other nations and foreign
ers when brought into contact with each
other, 10 due to the inherent immisoibility
of the Monaghan and Cacausian races.
Passing BY special o~ccasionsJof grievance
by reason of acts of lawlessnsss. Wharton
proceeds to discuss the legislation which
forms the basis of the protests fled. He
says: "While more precisely providing for
the exclusion of new incoming Chinese
laborers for our shores. in pursuance Of a
policy in regard to which negotiations Of
the Immediately preceding yearshas swown
the government to be in substantial &C.
cord. the new legislation is aimed to meet
the case of Chinese subjects actually re-
siding and laborina in the United States,
by providing means whereby their right to
dence stipulated in existing cases should be
confirmed to them by an orderly scheme of
individual Identification and ceItificatiou.
The statute as completely aims to protect
the persons and rights Of all Chinese per.
sons entitled to residential privileges, as il
by those not entitled thereto"
The necessity for this legislation, Whar-
ton observes. Is due to the fact that hereto
tofore existing temporary legislation was
about to expire. and the further fact. that
negotiations for fuller international accord
conditions which aroused the belief that
the attitude of China was obstructive and
the claims of bhe Chinese unwarrantnble.
Wharton continues: 1t is regrettable that
the attitude OF the Chinese themselves ap-
pears to DO as much one OF defiance as to
kh0 oHnu{aiand ~ thu okokr$o n . kk.A ~ 1000.
government is of protest against il in i'd
vance of . fair trial of its workings. Az
for the charge Of unconstitutionalitv
brought against the penal provisions OF the
act in question, that is a matter to be de-
teImined, as you are doub,less aware,
Of the government, which is as freely open
to the Chinese subiect as TO the citizen of
the United States. 1t is the duty of the
executive to enforce the law, and no execu.
tive power exists to evade or repeal it. The
province of the executive branch in this
discussion Il to bring about a better under
standing of the matter and reach good &C.
cord as to tie principles involved. Such
accord should not be far to seek. as you |
say in your note of Nov. 6, 1t is conceded
that the imperial government has not en-
couraged the immigration of people from
China to the United States, but, on the
contrary. in negotiations between the
counties on the subject has, in u most
friendly manner. yielded to the suspension
OF immigration 1t is perhaps unfortunate
that the tangible expression Of this friendly
disposition went no further than the nepo- /!
~tiations which preceded the collapse of the
treaty signed in 1883. l see no reason why
a better understanding may not be brought
about. whereby the position of China shall
be one of amicable concurrence towards
q rational, practical end, rather than one of
obstruction to the working of measures the
adoption Of which has been in q large de-
gree forced upon the legislative power of
the United States by the conduct of the
Chinese people in this country, and by the
of the imperial government in that
regard"