Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1902-01-24
VIOLATION OF TREATY
Would Be the Enactment of
Mitchell Chinese Ex-
clusion Law.
JOHN W. FOSTER so ARGUED.
Gen. o. o. Howard Endorsed What
Foster SATISFACTORILY Produced
Before Senate Committee Two CHI
nese Who Had Fraudulently Entered


| Washington, Jan. 24.-Ex- Secretary
OF State John w. Foster appeared be-
fore the senate committee ON immi-
grafton and spoke in opposition to the
Chinese exclusion bills which have
been introduced in congress. His re-
marks We're directed more particularly
to the Mitchell or Pacific coast bill.
which, no said, was plain violation
OF our treaty with China.
Mr.. Foster said that our govern
ment had four times asked China to
modify existing treaties in the inter
est of American citizens, and that in
every instance China had acceded to
our request He then submitted for
the consideration of the committee
three propositions.
The first was that any law passed
by the present congress which contin-
ues the exclusion of Chinese laborers
beyond 1904 would not only be with.
out international authority, but would
be in violation of treaty stipulations.
He said that during the negotiations
resulting in the treaty OF 1894 the
United States sought to have the ex-
clusion of Chinese lahorers extended
to 20 years, and that the Chinese gov
eminent refused to make it for more
than 10 years. He also insisted that
when the treaty of 1894 came to an
end the Burlingame treaty of 1868
would be revived aud come into force,
which treaty stipulated for the free
and unrestricted immigration of Chi
nese of all classes into the United
States. That treaty, he said, had only
been suspended as to immigration, not
abrogated.
Should Not Apply to Hawaii.
His second proposition was that the
exclusion laws should not be made
applicable to all our insular posses
sions, and said the Hawaiian islands
presented the exact state of affairs
which was contemplated by the Amer
lean negotiators OF the exclusion
/ treaty, when they gave the assurance
that to such a condition of affairs the
exclusion laws would not apply when
all the interests Of the islands asked
for Chinese immigration, and the local
authorities agreed that it would not
in any way affect white labor.
Mr.. FOSTERS third proposition was
that the existing exclusion laws AID
the legislation proposed are in clear
disregard OF treaty stipulations. He
cited the provisions OF the treaty of
1894, which guaranteed to all Chinese
IN the unitea States the most favored
national treatment. and the provisions
OF treaties with other nations guaran.
teeing To them the same treatment as
to the protection of their persons
and property as that enjoyed by ma
tive citizens.
MIR. Foster read from the remarks
OF Minister WI before the committee
on foreign relations LAT session, in
which he spoke OF the indignihies and
humiliations alleged to have been suf-
fered by some OF his people at the
hands OF our immigration officers.
Major General O.. o. Howard said
he endorsed all that Mr. Foster had
stated. He had come in contact with
the Chinese on the Pacific coast, and
characterized the alleged undue dill
gence OF Chinese inspectors in the
performance of their duties as
among the iniquities of the present
execution OF the exclusion law
Senator McLaurin, OF Mississippi,
asked Mr.. Foster If Mr. Wu's state
ments were not exparte. Mr.. Foster
responded that the statements had
not been contradicted by the secre-
tary of the treasury or the commits
sioner of immigration, and that those
officers either did not give credence
to them or failed in their duty. Mr..
Foster protested against star cham
Der proceedings with respect to Chi
nese, saying they were given no op-
portunity to go in court and be heard
Mr.. Powderly, commissioner OF immi-
grafton, spoke of the matter referred
to by Mr.. Foster, and said he thought
1t grew out of an anonymous com
munication. The case, he said, was
investigated and found to be without
a scintiila OF truth. Mr.. Powderly
brought to the committee room, In
custody of United States marshal.
two alleged Chinese merchants. who.
he said, were fair samples of the
'''.es ants" Minister WI had re.
ferred to.
acknowledged Fraudulent Entry.
Through an interpreter the prison
ers, Lee Sang and Chan Ling, admit
ted that they had entered the United
States in 1897 on forged certificates
alleging that they were merchants
and that they knew on the deception.
Asked what disposition was to be
made OF them, Mr.. Powderly said they
would be given a fair hearing. but
that they would ultimately be de-
ported
Further on in the proceedings Mr..
Foster protested against what he
termed this spectacular perform
ance" without giving these two pris-
oners an opportunity to appear with
counsel.