The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-03-25
CHIMES e RESTRICTION.
How the Harrison Administration Answer
Minister Tsui Kwo Yin's Protesr.

How the Harrison administration Answered
Minister Tsui Kwo Wins Protest..
WASHINGTON, March 2A-The volume Of
correspondence with foreign governments
for 1892, just published by tho State De-
partment contains the first exposition of
the views Of this government as expressed
by the late administration upon the
Chinese restriction and exclusion acts of
1859 nnd 1892. made in response to repeated
protests By the Chinese minister residing
In this city. Tsui Kwo Yin's last commune
cation ON the subject was dated Nov. Z.
1892 In it he referred to previous com.
munications by both himself and his prede-
cessor as far back as Jan. 26. 1889. to both
Secretaries Blaine and Foster. and stated
that on Oct. 6. 1890. Mr.. Blame had ex-
pressed the hope of being able lat an early
day to convey 10 you the views Of the Pres
idcnt in ample aud formal manner" out
that he had not Yet received the promised
statement.
To this commun mic alton acting Secretary
Wharton replied on Dec. II. closing the cor
respondence to the date of the preparation
of the volume. He says that the act OF
Oct. /, 1883, (the Scott law), was brought
the treaty signed at Washington on March
IL, 1888. The failure of that treaty through
the withholdment of the imperial ratifica.
tion by China. says Mr.. Wharton. exerted
q prejudicial influence upon American eenti-
ment. Mr.. Wharton calls attention to the
fact that the position of the Chinese in
other countries and of the foreigner in
China is different from that of the relations
existing between other natives and for.
eigners when brought into o contact with
each other, due to the inherent 'immisei-
bility of the Monaghan and Caucasian
races" Passing by the special occasions Of
grievance by reason of acts of lawlessness.
Mr.. Wharton proceeds to discuss the legis-
lation which forms the basis of the pro tests
filed. He says:
While more precisely providing for the exclu-
sion OF new-coming Chinese laborers from our
W6rh th M Of ~
ing years has shown the two governments TO be
I'm substantial accord. the new legislation aimed
10 meet the case OF the Chinese sublects actually
residing and laboring in the United States by
providing tina means whereby their right to re =
main and enjoy the privileges OF residence stip-
ulated in the existing treaties should he co n
firmed To them by orderly scheme OF lndvid :
ual Identification and certification. The statute
as completely aims to protect the persons and
rights OF all Chinsse persons entitled 10 resi-
Dental privileges as IL does To prevent the fraud
ulent enjoyment by those not entitled thereto
The necessity for thIs legislation. Mr..
Wharton observes. WINS due to the fact that
heretofore existing temporary legislation
Was about TO expire. and the further fact
that negotiations for fuller international
accord on the general subject had failed
under conditions which aroused a belief
that the attitude of China was obstructive
and the claims OF China unreasonable. Mt.
w harton continues:
Itisregrettable that the attitude of the Chinese
themselves appears to be IA much one OF defi-
ance OF the provisions OF the statute az that OF
their government Is OF protest against IL in ad-
vance OF fair trial OF Its workings. AS for the
charge of unconstitutionality brought against
the penal provisions OF the act in question that
is matter TO he determined. you doubt
less aware. only By the judicial branch OF the gov
crnmeEt. which is "a freely open 10 the Chinese
subject to the citizens OF tn. United states. IL
Is the duty of the executive TO enforce the law.
and no executive power exists tn evade or
! peal It.
The province of the executive branch IN this
discussion il to bring about better understands