The herald., 1894-10-28


not only a mistake, but that in conse-
ouenee of its provisions the Chinese
population will be increased. Tnia
charge is wholly uniounded. 1t has
been 40 often made that many who have
not investigated the facts believe it to
be true. / affirm that the Chinese
treaty, together with the supplemental
legislation which has been passed giving
the collectors OF customs absolute power
TO determine whether Chinaman
presenting himself is entitled to land,
regardless OF the intervention OF
any court. constitutes system which
will result in diminishing the Chinese
population. The censas and rezistra-
ton laws have demonstrated that the
Chinese have not been decreasing IN
California for some years. 1his has
been because OF the circumstance tnat
MongoIisns have walked over cur b0rd-
ers regardless OF cur laws, and until
Democratic assistance arrived. there wal
no means provided for identifying them.
The Geary and McCreary laws rectified
this defect. The registration and photo
graph form programme which the willy
heataen cannot very well avoid. When
it is suspected that a certain Chinese
laborsr 10 not properly in this country,
he can be called upon for his certificate.
II now remains to be seen whether
there is ANYTHING in the treaty that in
any way affects this legslatian. IL Is
easy for demsgogues to falsify, but it IL
not 40 easy to sustain them after argu-
ment. defy any one TO point to sim
gle provision OF the existing treaty W hich
gives Cinnamon any rights not hereto
fore enjoyed, with the exception OF this:
That the treaty allows registered Chi
nese laborers in the United States to
depart and come back. They have
right under existing laws TO stay here
until death. and it is not perceived that
any evil can happen to the United States
because of their temporary absence.
We would rather have them away
permanently, and therefore we can
not object to their permanent
absence, when our iegislation
outside Of the treaty sccords them the
privilege OF staying here without limit.
For myself, | came TO the conclusion
that our population WAS more apt to ba
reduced, and that there would bs lees
competition with American labor ii the
Chinese leborers now hers were per-
mitted to 20, even though the privilege
of returning was also accorded. Under
the old law, rs under the treaty, fner-
chants were sllowed to depart and to
return. and every Chinaman who really
desired 10 take trip to China qualified
himself very readily as member OF
some mercantile concern. Hence,
he obtained by indirection WHIST
he is now able to enjoy legally.
1t has been asserted that
Chinamen returning to this country
~ or or
ia certain: he must bs registered Chi
naman. He will be compelled to leave
his certificate with the collector OF GUS
toms, and il he ever desires to come
back he must produce the collectors
certificate and be subjected to idntlhcs-
tion and recognition by that official. Ii
the collector determines that he is
not the man, that will be the end of
it. He cannot enter but in no event
can one certificate land more than one
man, and whether All Sin visits us in
stead of Tom Bing. is to nae quite imme-
terial | have heard some people criti-
else that provision OF the treaty which
is known as the 3rd Article, and which
permits merchants and travellers to come
to the United States under restrictions.
But this provision ia not new.
1t was the law before the
treaty and can be found in
| the sixth section OF the statute OF 1894.
Moreover, the article itself distinctly
ssys that no new right ia conferred. be-
cause it states that the treaty shall not
affect the right at present enjoyed of
certain Chinese subjects. Some exceed.
ingly stupid people have objected TO the
| fifth article, which recognizes the pro-
priety of the rigid legislation already
referred to and known as the Geary
and McCreary laws. becauee it is said
that we ought not to subjeot our laws to
recognition by foreign power. We do
nothing OF the sort. We merely agree
with foreign power that Its subjects
now here shall perform certain acts.
We do not deny ourselves the right to
lsgislste as we please, but we prefer.
like civilized beings. to obtain the rec~
ognition OF the government with which
we are called upon to deal.
But in another aspect this pro.
vision is q most wise one and thor
oughly iustifes the entire treaty, if
it needs any justification. When the
| Gesry law was before the supreme court
of the United States it was. as you know,
vigorously and ably asqailed. For my
self, Il have always believed that con-
1
eised in the passage of that bill but
many able lawyers and judges claim
otherwise. At all events, the supreme
court of the United States was not unhn-
imons, but bare majority sustaining
the legislation. A loss of one in this
majority would be sufficient to avoid
the statute. Alter the decision had
besn rendered one of the judges
who joined in affirming the validity OF
the statute died, and new member had
been added to the court, whose views
upon this subject ere wholly problem
atical. But tne sanger lies in the fact
that the McCreary act contains one pro-
vision which is much more striking than
the 6eary law, viz. that proVid.
ing for registration; and whether,
with a new judge and the more
stringent provisions, these Icts OF
congress would be now main tanned,
cannot say. Bus the subject ia FORE
closed and terminated by the agree
ment between the TWO powers; end be-
cause OF the further fact that thsre is
now not a Cinnamon in the United
States who proposes to or who will
contest the statute. therefore think
that it was discreet act upon
the part OF the administra-
ton and congress to settle this
matter forever by treaty stipulation
The gum and substance OF the whole
affair is thia That no additional Chi
nese lRborers can come into the United
Statss. save under conditions provided
under exiating laws other than