New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-01-15


the use Of hands and brains they transform the
vice. Last and lowest of ali come the 4shang''
variety of commerea e osafo These are 50
placed because thus occupied they add nothing 70
transform; but trade upon the labor and needs OF
change In the Chinese text Of the original treaty
immigrato is confined in SPECIFIC terms to the
hung alone natives OF the other three classes
being guaranteed freedom to enter or leave this
GSuntry at their pleasure and assured Of an OF
other nationality while here.
Compare similar utterance IN Mr. Holcoube's
work. The Real Chinese Question pp. My
The United States Commissioners having eliminated
the class OF artisans, therefore adopted the pre-
vailing view that the admission Of all non-laooreTs
had been provided for by treaty which excluded
only laborers, skilled and unskilled. No other
classes Of non-aborers were under discussion even
Even without Mr.. Hocombe's valuable controU-
ton this inquiry. I think il is easily demon
strable from this correspondence that only
'Taborers'' intended to be excluded. and ali
other classes were to continue to enjoy the right
OF entry and residence Judge Ross. writing thir-
teen years after the treaty signed, not
only unfamiliar with the argument adduced by Mr.
Holcombe this subject. but read this GORE
spondence' with the eye OF overzealous. BIASED
victim Of anti-Chinese race prejudice
Elk PARTE INTERPRETATION WRONG.
It is however furthermore in order to ask the
question: Since when is It admissible TO construe
treaty to which we have pughted our national
troth. not by Interpretation OF the language found
in the signed treaty, but by reference TO the
strained ex psrte reports OF our own negotistors
as TO what was intended. but omitted from The
signed treaty. A vicious doctrine. calculated
at every point to embrof Us in international dr.
cultes, can scarcely be formulated and Il -
natural that such principles OF treaty construction
have so far been strictly confined TO Chinese
treaties, and in lower courts Fortunately.
the Supreme Court OF the United States has laid
down oanons OF construction here applicable IN
+ba oS Y0r<
10 L. s. l. e. 3. Mr.. Justice Brown. speaking fer
the Supreme Court, said:
There Is something too. which shocks tho con
as em6odyiag the terms Of an arrangement with
foreign power or 7. an Iaan IL r 6 O. ne eonrg
ing parties, and is kept in the background 70 be
gsd 6 the case o ay od sa Tfq fh so
appears have been called TO the attention Of the
embodied IN the Presidents den Proclamation Coz
JUDGE STORY on SPANISH TREAET.
In the case of the Aniable Isabsns, Wheaton /
Judge Story. speaking for the Supreme Court IN
holding that treaty provision, n q treaty with
Spain referring form OF passport a. snnszed-I
which omitted from the treaty. could not be
| enforced by our courts, said in Isl:
To alter amend or add to any treaty. By inserting
any clause, whether email or great important o.
trivial. would be on our part an usurpaIIon 9L
would be TO make. and not TO consrrQe. a treaty
The treaty does not leaxe It 70 ne disoTsdon
# REQUIRES it to be the joint OF both; and that
manner known between independent parions-by a
Solemn compact through agents specially dslegaisd;
has This court to presume that our government
by a colonial governor for want OF royal pass
ports7 It has not been so stipulated n the treaty
OF the form Of the passport TO the treaty Even Il
one m b b g6 0 aI sh 20 o Wss also
willing and, II both were willing II w0ao sTI re-
contaminated by solemn renuncatton; for the
varied but by the same formalties with which thsF
introduced or al least by some act OF as nlgA
| an import and of unequfvocal an authority.
| In Tucker VS. AIexandron, 1SS Q. g. - ".
| Justice Brown delivered tbs opinion OF TIA court
concerning treaty with Russia saytns.
As treaties are solemn engagements entered into
between 4 and the interests OF
civilization, and their main object is not only 70
but to promote friendly feeling 6etTeen The pes
In that broad and liberal spirit which is calculated
for the existence Of perpetual arity, SO fr as y
lights or those principles Of perpetual liberty which
ne az me 4re3 info r,tten engagements with
express stiPuatQns It Is Esnitesty not 6e9
pressed all the conditions BY which they intend 10
| Be bound under that instrument
So also. IN the case Of Fourteen Diamond Rings
| agt United States d8 Z. s. no. the Supreme
Court declined to give effect TO Senate resoIuuon
| adopted by that body February -, 1893 de-
!
Of peace with Spain was not intended as an IN
/ CORPORATION Of the inhabitants OF the Phuippins
Islands into citizenship OF the United States JUS
+,ca Brown IN his opinion IN that case. says sue
/ cinctly:
! Obviously. the treaty must contain me whole
contract between the parties, and tns power OF To
/ senate is limited TO ratification Of such terms.
/ as have already been agreed upon between thei
President acting for the Omitted States, and tns
sou resolution would be imperative as an amend
ent to the treaty since Il had nos EsSefyS9 5ns
| assent OF the PRESIDENT OF LILO 0[S-
sioners
Chief Justice Fuller IN delivering ths opinion On
ths court in the same case saidI
The meaning OF the treaty cannos b conuonedj
nv subseduenE explanations OF some or those Wno
may have voted to ratlfy IL
Moreover where negotiations ca-Tisd On with
q foreign power, where there isn't even common
medium Of expression and hence innunns-sols OPP
rortuni,iez for misunderstanding arise the larl~
g71age OF the Supreme Court IN the Transrrissou-1
Freight Association case 1Ss Q. 8. SD. whsrs Is
was sought to establish intent TO exclude rsf~-
roads from the operation OF the Sherman Anti
Trust act BY reference the legislative history
of the act and committee reports and debates ta
Congress concerning IT, IS particularly appIcaoleF
Justice Peckham said there. for tbs courts ;
-Tbera is too a general acquiescence "a the doc-g
soIIrces Of information from which 70 discovery
the meaning Of the language OF statute passed
D39ssibIe 10 determine with certainty what con-
struction was put upon an act py the mem2ers OK
the Speeches Of individual members thereof Thoss4
who did not speak may not aaye SgESssf f Tra
from each other; the result being that the only
proper way TO construS Iegls1auVe a's Is Igo1a
by resort the history OF the times "nSn II "as
passed
So much, then for the attempted Inference from