The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-03-25
Official Correspondence Between
the Governments.
THE LEGISLATION DISCUSSED
Acting Secretary Wharton Explains
the Principles of the Law.
He Holds the Statute Protects the Persons
and Rights of All Chinese Entitled to
Residential Privileges, and Prevents
Those Not Entitled Thereto.


of correspondence with foreign govern
ments for 1892, just published 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 1889 and 1892, made in response to re-
peated protests by the Chinese minister
residing in this city. Tsui Kwo Yins last
communication on the subject is dated
Nov. Z, 1892. In it he referred to previous
communications by both himself and mis-
predecessor, as far back as Jan. 26, 1889,
to both Secretaries Blaine and Foster,
and stated that on Oct. 26, 1890, Blaine
expressed the hope that sat an early date
l will convey to you the views of the
president in an ample and formal man
ner, - but that he had not received the
promised statement.
TO this communication Acting Secre-
tary Wharton replied Dec. u closing the
correspondence to the date of the prepa-
ration OF the volume. He says the act of
Oct. l, 1888, (the Scott law was brought
about by regretable failure to complete
the treaty signed at Washington on
March u, through the Withholdment of
the imperial ratification by China, says
Wharton, exerted judicial influences upon
American sentiment. Wharton calls
attention to the fact that the position of
the Chinese in other countries and the
foreigner in China, is different from that
OF the relations existing between other
natives and foreigners when brought into
contact with each other, due to the in
herent, "immiscribability" of the mon
golian and caucasian races.
Passing by the special occasions of
grievances by reason of acts of laWless-
n a
legislation which forms the basis of the
protests filed. He says: "While more
precisely providing for the exclusion of
new coming Chinese laborers to our
shores, in pursuance of the policy in re-
gard to which the negotiations of the
Immediately preceding years, has shown
| the governments to be in substantial ac-
cord, the new legislation was aimed to
meet the case OF Chinese subjects. actu-
ally residing and laboring in the United
States, by providing means whereby their
right to remain and enjoy the privileges
of residence, stipulated in the existing
cases, should be confirmed to them, by an
orderly scheme of individual Identification
and certifcation. The statue as COM
pletely aims to protect the persons and
rights of all Chinese persons entitled to
residential privileges as it does to pre-
vent their fraudulent enjoyment by those
not entitled thereto. -
The necessity for this legislation, Whar-
ton observes, is due to the fact that the
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 that
the attitude of China was obstructive and
the claims of the Chinese unreasonable.
| Wharton continues: cit is regretaDle
that the attitude of the Chinese themselves
appears to be as much one of defiance of
the provisions of the statute as that OF
your government is of a 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, this is a matter to be
determined as you are doubtless aware,
only by the judicial branch OF the govern
lnent, which is as freely open to the
Chinese su Dject as to the citizen of the
United States.
It is the duty of the executive to enforce
! the law and no executive power exists to
evade or repeal it. The province of the
executive branch in this discussion is to
| bring about better understanding of the
matter and reach q good accord as to the
principles involved. Such accord should
note OF November s: SIT is conceded that
the imperial government has not encour-
aged the emigration of people from China
to the United States, but on the contrary,
in the negotiations between the countries
on the subject, has in a most friendly
manner yielded to q suspension of i'm
migration.
It is perhaps unfortunate that the tan
gible expression OF this friendly DISPOSE
ton went no further than the negotia-
tons, which preceded the collapse of the
! treaty signed in 1888. l see no reason
why a better understanding may not be
brought about, whereby the position OF
China shall be one of amicable concur
renee towards a rational and practical
end, rather than one of obstruction to
the working of the measures the adoption
of which has been in a great degree
forced upon the legislative power of the
United States by the conduct of the Chi
nese people in this country and by the
attitude of the imperial government in
their regard"