The record-union., 1893-03-25
Special to the REcoRD-UNIoN.

Special to the RECoRD-UNIoN.
WASHINGTON, March pa volume of
correspondence with foreign Govern
ments for 1892 has just been published
by the State Department. 1t contains the
first exposition of the views of this Gov
ernment as expressed by the late Admin
istration upon the Chinese Restriction
and Exclusion Acts of 1889 and 1892,
made in response to repeated protest by
the Chinese Minister residing in this city,
Isui kwoyns. The last communication
on the subject was dated November Z,
1892. In it he referred to previous COM
munications, by both himself and pre-
decessors, as far back as January 26, 1889,
TO both Secretaries Blaine and Foster,
and stated that on October 6, 1890, Blaine
expressed the hope of being able lat an
early date to convey to you the views of
the President in an ample and formal
manner" but that he had not yet re-
ceived the promised statement to this
communication. Acting Secretary Whar-
ton replied on December 18th, closing the
correspondence to the date of the prepa-
ration of the volume He says the Act of
October l, 1888 Scott law was brought
about iby the regretable failure TO COM
plete the treaty signed at Washington
March i, 1SSS. The failure of that treaty,
through the withholdment of the i'm
perial ratification by China, says Whar-
ton, exerted prejudicial influence upon
American sentiment.
Wharton calls attention to the fact that
the position of the Chinese in other coun-
tries and of foreigners in China is differ
ent from that of the relations existing be-
tween other natives and foreigners when
brought into contact with each other, due
to the inherent "immiscibility of the
Mongolian and Caucasion races, and
passing by special occasions of grievance
by reason of acts Of lawlesspess."
Wharton then proceeds to discuss the
legislation which forms the basis of pro-
tests filed. He says: while more pre-
clsely providing for the exclusion of new
coming Chinese laborers from our shores
IN pursuance of a policy in regard to
which the negotiations of Immediately
preceding years has shown the Govern
ments to be in substantial accord with the
new legislation armed to meet the case of
Chinese subjects actually residing and
laboring in the United States. by provid-
ing means whereby they they have the
right to remain and enjoy the privileges
OF residence stipulated in existing treat
les. These rights should be confirmed
TO them by an orderly scheme of indi
vidual identification and certification.
The statute as completely aims to protect
persons and the rights of all Chinese per-
sons entitled to residential privileges as
II does to prevent their fraudulent eniov
ment by those not entitled thereto.''
The necessity for this legislation.
Wharton observes, is due to the fact that
the heretofore existing temporary Iegisla-
ton was about to expire, and the further
fact that negotiations for fuller inter-
national accord OF general subject failed
under conditions which aroused the be-
lief that the attitude of China was OBJ
structive, and he claims that China was
unreasonable. Wharton continues. .sTt
IS the regretable attitude of the Chinese
themselves, which appears to be as much
one OF defiance of the provisions of the
statute as that of your Government is of
protest against 1t, in advance of a fair
trial of its workings. AS for the CHARGE
of unconstitutionality brought against
the penal provisions ofthe Act in question.
that is matter to be determined, as Won
are doubtless aware, only by the judicial
branch of the Government, which is as
freely open to Chinese subjects as to a
citizen of the United States 1t is the
duty of the Executive to enforce the law.
The province of the executive branch
in this discussion is to bring about bet
ter understanding of the matter and reach
a good accord as to the principles in
volved. Such accord should not be far to
seek, as you say in your note of Novem-
Der Sth, 1T is conceded that the Imperial
Government has not encouraged the emf
grafton of its people from China to the
United States, but on the contrary in the
negotiations between the countries on the
subject has in most friendly manner
yielded TO the suspension of emigration.'
''lt is perhaps unfortunate that tangi-
BILE expression of this friendly disposi-
ton went no further than the ne
gotiations which preceded the collapse of
the treaty signed in 1855. I see no reason
why a better understanding can not he
brought about whereby the position of
China shall be one of amicable concur
renee toward rational, practical end.
rather than one ofobstruction to the work
ing of measure the adoption of which
has been in 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 this regard. y