The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-16
tho citizens or subjects

tho United States IN China, nor upon tho
subjects Of China in tho unitsd States. "
shonld enjoy al the privileges OF tho public
educational inEtitnttons under the control
OF tho governments Of tho United States
which arc enjoyed In the respective conn
tries by the citizens or subjects Of tho most
favored nssioni snd that Chinese subjects
within the United States at those places
whore foreigners are by treaty permitted to
reside.
Under the provisions Of the trenty Of
1868, as we'll as those OF TO mer t~rentiea.
hordes Of Chinese laborers who were sub
ieetG of the Ia Sing government took nd
vantage OF their plenary conditions md
literally poured into tho United States.
and not until protest after protest had gono
mp from the people against this influx Of i'm
migration. which ENDANGERED the good order
of certain localities within its boundaries,
namely. tho Pacific coast staten and terri
tories, did tho government OF the United
States by its congress take Legislative &C
ton thereon. and on May 6. 1882. passed
what was called the Chinese ex-
q 1sion act. The act provided that
the coming OF Chinese labOrers to the
United STATES be and the same is hereby
sus, ended after the passage Of the act and
until the expi alton OF ten years next there
after. The not further provided that no
state court or court of the United States
shall admit Chinese TO citizenship. This
act was intended to prevent and did have
!abo' ers from immiRrating into the United
states, and for its constitutionality de-
I ended upon the fact that il was a police
regulation. in this. that the coming of Chi
nese laborers to thia country endangered
the good order of certain localities within
EN- pted from Its provisions all Chinese la
borerB who were in the United States on
NOV. II, 1880. and as vol those wl.o came to
the same before the expiration of ninety
Gays after the passage of the act, it was in
itself, so far as the United States could
speak through that body. a congressional
declaration that the subjects Of the Ia
Using empire and the Chinese are objec-
tlon"ble to the people of the United States.
The people OF the United states spoke
through congress which was their sovereign
power, and declared in plain and unmis-
taxable language that Chinese cheap labor
which had taken or obtained so firm q root
In American soil should bs uprooted and
transplanted into the soil of its nativity"
1t was a declaration that the fttest shall
survive. and a further declai alton that
their presence in this county was preiu-
diclal to. and endangered the good order
OF certain localities within the territory
thereof. The act of congress of 1882, and
as amended BY the act Of 1884. was accepted
and must BIO understood as II prescription
against the admission of Chinese subjects
MTG the United states bv land or water,
and any Chinese pc son found unlawfully
within tho United States shall be caused 10
be removed therefrom to tho country
whence he came a. the cost of the United
States after being brought before some JUS
tioe or commissioner of q court of the
United States, and found to be one not
lawfully entitled to be or remain in the
United States.
Il he fi,Sf sfo,, Tint MN. x,1x.~ L. k
free white labor against competition with
chinese coolie labor. and discourage the
Immigration of Chinese into the United
States. was taken by the miners of Cali
fornia. in 1854 and in 1855 resulted in the
passage OF a law in that state which fixed
.ne late OF foreign miners tax at 81 a
month as to all foreigners ''eligible to be-
come citizens of the United States," and US
to all Foreigners 'ineligible to become citi-
zens of the United States.' increased it So
a month for every successive year, nd in
hnitum. The agitation of this question
winch was so vital to the people continued,
and their opposition thereto was nude
manifest by further legislation hy the leg
islatura of California in 1873. by m act en-.
titled IAN act to prevent ths further immi.
grafton OF Chinese, or mongoliana, to this
state" 1t made it unlawful after Oct. l,
1858. for any Lorson of the Chinese or Mon
gollan races to enter the state.
The attorney general holds that tho mu-
nicipality of Butte, being a com poneut part
OF the state of Montana and governed bv
the existing laws of this state, has a co.
ordinate right with the state to enforce such
rules and regulations which are not moon
slstent with the constitution and laws of
the state, TO protect such municipality from
danger OF paurei ISM. danger to health.
danger TO morals, danger to propertv or
danger to religion. He says The atto;nev
Tor the Chinese companies must concede
that the Chinese are not bona fde residents
in any sense of the word; they will not even
permit their bones to have sepulture in
American soil; that this request by the
Trades and Labor union of Butte. even if
incorporated into n rule by the municipal
lty OF Butte. would not int fere with the
possession" or enjoyment" of property
by the Chinese or prevent them from on.
in trade in common with American
citizens resident therein; that such a ,ule
docs not conflict with the treaty oblica-
of the United States government with
of China and the subjects thereof re-
siding and being within the United States
said treaty.
That these two first PROPOSITIONS are not
mooted must be conceded from tho fact
that the customs Il habits of the Chinese
are such AS negative the assumption TINT
are bonn fide residents of this state.
says the attorney general; and too, that the
laws o! Montana permit foreigners to en-
AA VAuae Oh AL eQuul IOOtlnR with the
thereof; and that this cannot be
in any sense as an inhibition upon
the right Of the Chinese TO engage in
The treaties that have been entered
into from time to time between the United
OF America and the Ia Using empire
show nothing more than that they were in
tended for tho purposes of trade and COM
between the two countries and for
maintaining permanent and universal
between the people of these govern
ments ,esf ectively.
The so called Burlingame treaty 10 the
treaty in existence which purports to
grant to the subjects of the Ia Using en-
piTe residing in the United States rights.
and imInunities %co-equai with
those granted to the citizens of the United
As to those privileges the treaty ,
provides that Chinese subjects visiting or
residing In the United States shall enioy
The same privileges, immunities and ex-
emptions in respect to travel or residence
az may there be enjoyed by the citizens or
of tho most favored nations. Ibis
after paragraph doas not. as Will be pct
ceived, grant to subjects of the Chinese
empire residing in tho United States the
to engage in trade or deal in .ands
and estates, and the holding OF any Office
The DIN is practically inhibited by pro-
soription of the right of naturalization.
10 aasovcrnte thnt citizens of the United
under the nrticlea of either t eaty
have the right to freely engage in trade in
any part or portion of the la Using empire
the articles would be- to contend for that
which is not therein written. All that is
not therein delegated is excluded therefrom.
Tor that SuCh treaties Nre n limitation of