Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1904-10-26

upon the lines of the existing
treaty, continuing the present rigid
exclusion of coolie labor and simply
moderating the conditions under
which Chinese merchants and
scholars may be admitted to the
United States. Something of that
kind is regarded as necessary in
view of the fact by direction of
his government the Chinese minis
ter last spring formally denounced
the Chinese exclusion treaty. That
notice will take effect December 7
next, and there will be no treaty
relations between the two govern
ments governing that subject until
new treaty is agreed upon. 1t is
true that the President has decided
to enforce the existing Chinese ex-
clusion laws after the abrogation
of the treaty, but there is just suf-
iicient doubt in the official mind as
to the extent of the powers that
may be employed legally to effect
the exclusion that a new treaty is
regarded as desirable"
The treaty of 1894 contains a
provision that it may be terminated
at the end of ten years from the
date of the exchange of ratification,
If either party shall give six months
notice therefor. Notifications of
this treaty were exchanged Decem-
ber Z, 1904. The Chinese govern
ment gave the required notice that
the treaty would be terminated
December Z. 1904.
Congress was not then in session,
and unless called in extra session
will not meet until the 5th of next
December.
The treaty of 1894 contains the
following liberal provision in its
third article:
The provisions of this conven-
tlon shall not effect the right at
present enjoyed, of Chinese sub
jects, being officials, teachers, stu
dents, merchants or travellers for
curiosity or pleasure, but not
laborers. of coming to the United
States and residing therein.
a new treaty could do no more,
except to admit Chinese of other
classes who are now excluded.
The motive for a new treaty must
therefore be to secure some advan-
tage not contemplated in the pres
ent treaty or in existing law. The
people will not known what il con-
tains until it has been considered
in secret session, behind the closed
doors of the Senate. And yet it
is to replace all existing law on
the subject"
1t is an extraordinary attempt
to secure by hidden methods, what
should only be considered in open
session by both houses of Congress.
More than this: 1t is an attempt to
secure legislation by the treaty
making power, which has repeat
edly been refused by the House of
Representatives.
Our only hope is that two-thirds
of the Senate can not be dragooned
into such scheme, for the mOdifi-
cation of the Chinese exclusion
law demanded only by the Chinese
government, and by the American
advocates of free trade in Chinese
labor.
We are assured by the State
Department that new treaty will
continue in force ''the principle of
exclusion of Chinese Coolies. :"
The existing treaty says nothing
of Coolies. :" 1t speaks of Chi
nese laborers" in all cases. If
only Coolies" are to be excluded
it would be easy for the executive
department to construe the word
to mean unskilled labOrers only.
Indeed, that is its commonly ac-
cepted meaning. All classes of
skilled laborers could then be ad-
mitted. Or every Chinese Iaborer
or whatever class might find that
under the new treaty he could,
upon his own statement, be classed
as scholar, student, teacher,
traveller or other ''high-class'
Chinaman.
Forewarned is forearmed. Let
every wage-earner watch the Off
| cials who sit in secret conclave
with the Chinese minister to re
place all existing laws" on the sub.
jeot of exclusion. with a treaty
satisfactory to the Chinese govern.
ment, and to its allies In this
country,