New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-04-03
CHINESE EXCLUSION.
Ex-sECRETARY FOSTER CONDEMNS FRO
POSED LEGISLATION IN CONGRESS
AND POINTS OFT INJUSTICE.

IN this weeks issue Of The Christian Endeavor
World" John W Foster, eX-seoretary Of State.
writes Of Congress and the Chinese Exclusion
Bills" In the course Of his article he says:
The laws az Congress now IN force enacted
ostensbly carry the terms of the treaty, ex-
pire by limitation in May Of this year; and it be
in their place. Hence the present discussion ana
the bills now pending in Congress on this SUD
It is to be borne in mind that the United States
has entered with China INFO a solemn treaty for
this country and that the legislation now pending
he enacted to give erect 20 the treaty,
Article II of the treaty sets forth with unusual
isborer might temporary leave the United States
and return BIT this bill b senate dd measGre
not warranted by the treaty, some Of them absurd
and impossible Of ascertainment
After considering the conditions in regard TO
laborers. Mr. Foster takes UP the conditions in re-
gard TO Chinese not of the laboring class which.
he says are more unjust After discussing them.
he adds:
Here are five conditions each of which is made a
requisite 70 Inc IL ,t9 b rf fb treaty and
to crown the absurdity Of the proposed degisa on
San Francisco custom house. who knows not a
single word Of the Chinese language and little; II
cultured psSe shall pass uPH Pen the Il s2bet
OF me az Of The 5erticste which the
teacher must present and no Other can be required
When the provision of the bin as students IS
examined il will found be equally absurd
and impossible of observance .
Here are four or conditions. two being In the
alternative. none of which warranted by the
treaty which must be established to the satisfac-
tfon of the immigration inspector before STUDENT
can be admitted the United States.
In regard 10 merchants. the writer says after
considering the provisions Of the bill;
In many cases Of bona fide merchants these
conditions will prove impossible of fulflment ANA
It is repugnant the ideas of justice and to orde
nesses upon a whole or nationality ana II Is
Certainly in violation of 'the favored ma tor
clause OF the treaty already cited, no such RUE
is against either our own cltzens or those
of any other nation with which we nave tTeaues.
I could cite other provisions OF the bill as re
nugnant to the treaty and TO justice as those ABOVE
given did the limitations Of this article permit
Mr. Foster quotes follows from recent opin-
ion of the Attorney General in a case which came
before him
Il must find however, that under the pecunar
nature and language of those laws II Is not posi-
bic TO recognize the appeal to considerations OF eIs
rlentary Justice and humanity (even II Wen foGhu-
ed1 or TO bring the case within the scope or an
act of executive clemency. The Chinese exclusion
laws are necessarily rigorous, ana OF the mig
degree Of technicalty, and do not permit the I'M
noSition Of maxins Of equity, which commend ana
command judicial authorities TO search with scrup-
uIous care for a way to do justice Wnen tle tech-
nicaiities of the law present distractions
When the highest legal authority IN our govern
-oent is forced TO make such Illuminating adInis-
siens as the foregoing, submit TO every fair-
minded and Christian citizen who has regard for
the honor of his country whether 1t Is not incuI-
ta1t 11non him 10 make his voice heard at WASH
ington in renonstrance against the penoihg iesis-