The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1893-03-25
ABOUT The CHINESE Law
AN IMPORTANT LAND CASE
The Southern Pacific Sufferers
silver Men Unsasy-Cievsiand
Wants q Good Pension
Commissioner.

SuV0E W0U eu0SDy -StSvSsotbS
Wants Good Pension
Commissioner.
WASHINGTON. March 2l.--A volume Of
the correspondents with foreign govern
ments for ls92 has just been published By
the state department, and contains the
first exposition Of the Views OF this govern
mont, as expressed by the late adminis-
tratiou. upon the Chinese restriction and
exclusion acts Of 1850 and 1892. made In
response to repeated protests by the CHI
ness minister residiug In this city. Tsui
Kwo Yin's last communication on this
subject 10 dated Nov. z, 1892. In Il he 10
ferrcd 10 the previous communications by
both himself and HE predecessor ~ far
back as Jan. 70, 1889. to both Secretaries
Blaine and Foster, AT an early date to
convey to you the views Of the president
in an ample and formal manner" but
that he has not yct received the promised
statement to this communication. Acting
Secretary Wharton replied December II,
closing the correspondence to the date Of
the preparation OF the volume. Hc says
that the act OF Oct. I, 1sss-the Scott Law
was brought about by tho reRrettable
failure 10 complete the treaty signcd At
Washington, March II, 1898. Tho failure
Of that treaty, through the withholdmcnt
Of the imperial ratification by China"
says Wharton, "oxcrtcd q prejudical In
fiucncc upon American sentiments"
Wharton calls attention to the fact that
tho position Of tho Chinese in other coun-
tries aud of foreigners in China 10 differ
ent from that OF tho relations existing
between other natives aud foreigners
brought INTO contact with each other, due
TO tho inherent immiscibility of tho
Monaghan and taucassian races. Pass
ing by special occasions of grievance. by
reason Of acts Of lawlessuess. Wharton
proceeds to discuss the legislation which
forms the basis of the protest filed. He
says: "While more precisely providing
for the exclusion of new-colning Chinese
laborers from our shores, in pursuance OF
the policy, In regard to which the nceotia-
tious Of the Immediately preceding years
have shown the governments to be In
substantial accord, now legislation, aimed
10 meet the case Of Chinese subjects &C.
tually residing and laboring In the United
States. by providing . means whereby
their right to remain aud to enjoy the
privileges Of residents. stipulated In the
existing cases. these should bs confirmed
to them by the orderly scheme Of individ-
ual Identification and ccrtification. Ths
statute ~ completely aims to protect the
persons and rights Of all Chinese persons
entitled to residential privileges, as Il
does to prevent their fraudulent enjoy.
mont by those not entitled thereto"
"The necessity for this legislation" /"
Wharton observes. ''is due to tho fact
that the heretofore existing temporary
legislation WAS about TO expire, and to tho
further fact that negotiations for fuller
international accord on tlis general sub
ject had failed under conditions which
aroused tho beliof that tho attitude Of
China was obstructive and that the claims
OF the Chinese were unreasonable"
Wharton continues: ut is reRretablc
that the attitude OF the Chinese them
selves appears to be as much one Of de-
fance Of tho provisions Of the statutes as
that eof your government 10 OF protest
against II, in advance Of . fair trial Of its
workings. As for tho charge Of uncon.
stitutionaiity, brought against the penal
provision Of the act In question,
this matter 10 10 bo determined,
as you arc doubtless aware, only by
the judicial branch Of this government,
which is as freely open to . Chinese sub.
| ject as to citizen Of the United States.
II ID the duty Of the executive to enforce
the law, and no executive power exists "a
evsde or Ia repeal IT. The province Of the
| executive branch in this discussion 10 "a
bring about better understanding Of the
matter and to reach good accord as 10 the
| principles involved. such accord should
not be far TO seek. rs you say In your note
| OF November s. IL 10 conceded that tho
A.