The San Francisco call., 1903-12-04
THE OBSERVANCE OF TREATIES.

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Chinese exclusion law brings up vexed question.
The subject illustrates the change and swing in
public opinion. When the Buringame treaty made
with China the principal interest in its favor mani
tested in California. The Chinese were then regarded
with favor here and obstruction was offered to their
coming
Though the immigration under it was not large, for
it is doubtful we got exceed 100000 Chinese here
from the beginning of that mmgration the stress and
strain of hard times preceding 1879 caused them be
felt dangerous increment. and we attempted by va
rious devices in local laws to restrict further in
Aux of that clement But the constitution makes treaty
the supreme law OF the land, and the Supreme Court
held that local legislation could not set the Burngame
treaty aside 1t pointed out that the only way to
restriction was by amending the treaty Since then it
has been amended substituted three times but each
time certain treaty rights have been preserved for the
Chinese. Those who here under any of the trca-
ties permitted to register in evidence of their right
be here and aborers returning to China still per-
ted return upon evidence of certain qualifications
of family property.
No is exactly that the present exclusion law
conforms the treaty, and the Supreme Court in col
lateral proceeding indicated its purpose pass upon the
constitutonaty of the law by bringing it judgment
the most favored nation clause of the treaty 1t
remembered that when this last exclusion law be-
fore Congress Mr.. Gompers strongly advised that it
should not include the Japanese. Those people, there
fore, have been coming without restriction other than
that imposed by the general immigration laws.
regarded demonstrated that the Japanese are
far less desirable element than the Chinese and we have
the singular result of evident rise in favor of the
Chinese by of the contrast between them and
their island neghbors
The enforcement of the Chinese treaty by preserving
to the few Chinese here the rights it gives hem raises
issue that applies to other treaties as we'll The un-
lawful expulsion of Chinese from Colorado and the
acts at Tonopah Nevada accompanied by robbery
murder and their expulsion from localities in this State
which has recently occurred bring the fact that the
Federal Government cannot enforce the observance
treaty by direct action. Foreigners who under
the most favored nation clause treaties are like
zens entitled to the protection and subject the pen
ates of local laws If they denied the or are
denied justice in the imposition of the other their
is to the local authorities In of the denial
of justice they have the right of appeal their
Government Such cases. however, do arise for
the glory of Jurisprudence that Chinese coole is
safe in the hands of American courts any citizen.
The expulsion of these people from localities by un-
lawful physical force and threats raises another question
that exactly like the Boxer tactics against foreigners in
China, and like the various outrages in this country
against the subjects of Italy Under existing laws all
that the Federal Government do is to respond in
money damages, it has in the of the Chinese in
Wyoming and elsewhere and of the Italians in Louisi-
In the expansion of influence among the ma
tons be that further power of direct action
in the enforcement of treaty rights will have be de-
posted in the Federal Government and the whole ques-
ton may UP in considering the proposition to e
cude japanese
We have treaty of amity and comfy with Japan
and we have also commercial and extradition treaties
with that empire These treaties place her and her peo-
pie in exactly the relations those which
exist between the United States and Great Britain or
other European power. Japanese have the right to
and 60 subject only the immigration laws which
apply to Europeans The Government of the Mikado
time ago indicated its intention to oppose and re-
any different classification of its people, declaring
that would be degrading and offensive to the national
spirit.
question In her controversy with Russia she is
ing her right to equality of treatment as world power
influential in the affairs of Asia Her future depends
upon maintaining this position and her retention of ner
feet equality of right in international matters This she
hardly do compelled submit to what she regards
the degradation of her people. This makes the issue
one of extreme deicacy and difficulty and one of the
chief vexations originating in anti Chinese egsa
tion Japan at time proposed protect her national
dignity by fobddng the migration of her people to the
United States in order to avoid the necessity of what
she regarded as formal disgrace by legislation
committee of the Board of Supervisors is investi
eating what to be gross frauds in the probate