The morning call., 1894-03-26
AMENDMENTS ARE REQUIRED.
It Is Substantial Victory in
Chinese Legislation.
VERY FEW LooPHoLEs ARE LEFT
With Minor Changes That the Senate
Will Make the Agreement Will
Be Most Binding.


tive Geary says concerning the new pro-
posed Chinese treaty: "While think the
treaty is not all that it ought to be,
yet. with some changes which l could point
out, | think it must be recognized as i
substantial victory. l think Mr.. Gresham
is entitled to credit for the success of the
treaty. The existing laws are, in my opin-
ion. sufficient TO protect us against any
further invasion of Chinese laboreIs.
While it is believed that such laws are
justified by the spirit and letter of old
treaties, yet tits idle to ignore the fact that
throughout all our attempts at legislation
upon the Chinese question we have in
Cured the hostility of very large umbc
of people in the East who look upon all
legislation as in bad faith because as vio-
iations of treaties between this country
and China.
"The substantial feature in the treaty
is in the advance that is made in our
rights to deal with the Chinese and their
further coming. The existing treaty
merely provides that we may suspend but
not entirely exclude their coming, and this
has been stumbling block in the way of
the adoption of Chinese legislation ever
since the administration of Mr.. Hayes.
"This treaty recognizes and provides for
absolute prohibition of Chinese immigra-
ton and removes strong argument that
has been used by friends of Chinese in
their efforts to defeat previous legislation.
This Is not small advantage when one
considers the difficulties we have had to
contend with in the past Section meets
entirely with the cry that is constantly
raised throughout the East that our treat
ment OF resident Chinese is barbarous, and
that We refuse the right accorded to all
other citizens. and in fact accorded to all
other aliens in all civilized countries, of
visiting their native land except by sever
ing their family relations or forieiting
the property they have in this country.
To those who know Chinese character this
is ridiculous. as very few have any fami-
lies. and their property is usually in such
shape that they carry it with them when
they go. Notwithstanding, this has been
strong argument against US. l believe the
Intention of Secretary Gresham was simply
TO deal fairly with the Chinese, and not to
permit this right to return to be used as
means OF introducing other Chinese into
the United States. The much-abused reg
lstry system is recognized at last even by
tue CulueS6 government
This is also gain for US, as when the
Chinese accept this mode of Identification
their over-Zealous friends have no cause to
complain. This right of emigration and
return is conferred to Cinnamon who have
registered under existing laws. / think
this section should be amended for the
purpose of preventing fraud. and have no
doubt that our Senators will see that the
proper amendment is made in the Senate,
l think all possibility of fraud can be
prevented by requiring Chinaman to de-
posit his certificate of registration with
the custom officer at the port of departure,
who issues the return certificate. A pho
tographic copy of this certificate of regis
tration should be inserted In the return
certificate. This would prevent any posi-
bility of fraud, as there could be no
change or alteration in the Photographic
copy without great possibility of detec-
ton. The danger, of course. is that if we
allow them to take the certificate issued
by our Government under the existing
laws, alteration may be made by substi
tuting the photograph. This could be
avoided by keeping the original certificate
and using copy of the ph otograph.
II have no doubt that our Senators will
call the Senate's attention to this. Article
D should be amended by inserting the
definition OF merchant, SO as to prevent
the abuse of this right by those who are
not merchants. l think as TO merchants
now residing here who go abroad and re.
turn, the existing defnit on is sufficient.
AS to merchants now residing in China
who desire to come to this country. the
treaty should limit this right to some par
ticular class of merchants. 1t is a difficult
question to deal with. Those who are
legit mate merchants engaged in mercan-
tile pursuits exclusively we cannot very
we'll deny the right to come here, while
our merchants are allowed to engage in
business in China, but there should be
some means of Identifying this class of
merchants which would prevent the abuse
OF the exclusion clause by those who
merely come here for the purpose of labor.
L have no doubt this will also be amended.
1t is possible, however, that the lam
guage used in article might be con-
sidered as a definition of merchant az
used throughout the entire treaty, but it
would be better to make this more certain
SO lar as the registration of American
laDorers in China is concerned. This is
only reciprocal, but as the number of our
people engaged as laborers In China is
very small, this right is more formal than
practical. With the amendments above
suggested, which l have no doubt will be
agreed to by our Government and by the
Chinese Government. we havo retained all
The advantage Of the legislation of the
past few years, as all the rights contended
for by the people of California in dealing
with the Chinese are recognized as proper
by this treaty."