Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-03-24
THE CHINESE EXCLUSION ACT.
cmcfa Correspondence Explaining tn,
Views of This Government.

Cmcial Correspondence Explaining the
Views of This Government.
The volume Of correspondence with foreign
governments for 1892. just published by the
State Department, contains the first exposition
OF the views Of this government a. expressed by
the late administration upon the Chinese re-
E.rictton and exclusion acts of 1888 and 1892,
made in response to repeated protests by the
Chinese minister residing in this city Tsui
kwo Yui's last communication on the subject
was dated November Z. 1892. In it he referred
to previous communications by both himself
and his predecessor far back January g.
1889, to both Secretaries Blaine and Foster, and
stated that on October 6. 1890. Mr.. Blaine had
expressed the hope Of being able '.at an early
day to convey to you the views Of the Presi-
dent in ample and formal manner" but that
he bad 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. He says that the act of October l.
1855 the Scott law. was brought about by the
regrettabie failure to complete the treaty signed
ut Washington March IL. lSSs. The failure of
that treaty. through the withholdment of the
imperial ratification by China. saws Mr.. Whar-
ton. exertel prejudicial influence upon Ameri-
sentiment. Mr.. Wharton calls attention to
the fact that the position of the Chinese in
II
different from the relations existing between
other natives and foreigners when brought
into contact with each other-due to the
inherent ''inyiscibi!ity' Of the Monaghan and
Caucasian races. Passing by the special occa-
sions OF grievance by reason of acts of lawiess-
ness. Mr.. Wharton proceeds to discuss the
legislation which forms the basis of the protests
fled. He saws:
while more precisely providing for the ex-
clusion OF new-cOming Chinese laborers from
our shores. IN pursuance OF policy in regard
10 which the negotiations of Immediately pre-
ceding years had shown tine two governments
10 be in substantial accord. the new legislation
aimed to meet the case of the Chinese subjects
actually residing and lsboring in the United
States bv providing the means whereby their
right TO remain and enjoy the privileges of res
idence stipulated in the existing treaties should
be confirmed TO them by an orderly scheme of
individual Identification and certification. The
statute as completed aimed to protect the per-
sons and rights of all Chinese persons er titled
to residential privileges. as i: does to prevent
their fraudulent enjoyment by those not en-
titled thereto"
The necessity for this legislation. Mr..
Wharton observes. vas due to the fact that
heretofore existing temporary legislation was
about to expire and the further fact that
negotiations for a fuller international accord
on the general subject had failed under condi-
tons which aroused belief that the attitude of /
China was obstructive ami the claims of China
unreasonable.
Mr.. Wharton continues:
lit is regrettable 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 protest against 1t
in advance of fair trial of is workings
''As for the charge of uneonsttutionality
brought against the penal provisions of the act
in question that Is a matter to be determined,
as you are doubtless aware. only by the judicial
branch of the government, which Is as freely
open to the Chinese subject to the citizen of
the United States. Ii is the duty Of the e1ecu- |
tive 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 a better under |
standing of the matter and to reach a good ac-
cord as to the principles involved. Such &C
cord should not be far to seek. As you say in
your note of the It'll November: 1T is con-
ceded that the imperial government has not en-
couraged the emigration of its people from
China TO the United States, but the con-
trary, in the negotiations between the countries
on the subject 1t has in the most friendly man
ner yielded to the suspension of emigration.
II is perhaps unfortunate that the tangible ex-
preston of this frierdiv disposition went no
further than the negotiations which preceded
the collapse of the treaty signed In 1888. L see
no reason WHY n better understanding may not
be brought about whereby the position of
China shall be one of amicable concurrence to-
ward q rational and practical end rather than
one Of obstruction to the working of measures
the adoption OF which has been in a 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 attitude of
The imperial government in their regard