Year: 1879

me the seriousness Of the situation,
when majority of the representa-
tives of the people of the whole
country had thought it necessary
to justify so serious q measure of
relief. The authority of Congress
to terminate treaty with for
eign power by expressing the will
of the nation no longer to adhere
to it, is as free from controversy
under our Constitution as is the
further proposition that the power
of making new treaties or modify.
ing existing treaties is not lodged
by the Constitution in Congress,
but in the President by and with
the advice and consent of the Sem
ate, as shown by the concurrence of
two-thirds of that body. A denun-
citation of treaty by any govern
mept is confessedly justitiable only
upon some reason of the highest
necessity. The action of Congress
in the matter of the French
treaties in 1898, if it be regarded as
an abrogation by this nation of the
subsisting treaty, strongly illus-
trates the character and degree of
justification which was then
thought suitable to such proceed
ing. The preamble of the act
recites that "the treaties concluded
between tho United States and
France have been repeatedly vio-
lated on the part of the French
Government and the just claims of
the United States fer reparatiOn for
the injuries so committed have
been refused and their attempts to
negotiate an amicable adjustment
of all complaints between the two
nations have been repelled with


indignity, and that under the au-
thority of the French Government
there is yet pursued against the
United States a system of preda-
tory violence infracting the said
treaties and hostile to the rights of
free and independent nation. The
enactment, as logical conse-
quence of these recited facts, de-
clnres that the United States are of
right freed and eXonerated from
the stipulations of the treaties and
of the Consular Convention here
tofore concluded between the
United States and France and that
the same shall not hereafter be re-


garded as legally obligatory on the
Government or citizens of the
United States" The history of the
Government shows no other in
stance of the abrogation of q treaty
by Congress. Instances have some-
times occurred where the ordinary
legislation of Congress has, by its
conflict with some treaty obliga-
tions Of the Government with for
eign power, taken effect as ap in
fraction of the treaty, and been ju-
dicially declared to be operative to
that result; but neither such legis.
lation nor such judicial action OF
the same has been regarded as an
abrogation, even for the moment,
of the treaty. On the contrary, the
treaty in such cases still subsists
between the Governments and the


caused infraction is repaired by ap-
propriate satisfaction in mainte-
nance of the treaty.


The bill before me does not en-
join upon the people the abroga-


tion of the entire Burlingame
treaty, much less of the principal


treaty of which it is made the sup


plement. AS the power of modify


ing an existing treaty, whether by


adding or striking out provisions,


is part of the treaty-making pow


er under the Constitution, its eXer-
else is not competent for Congress,


nor would the assent of China to


this partial abrogation of the treaty


make the action of Congress in


thus procuring an amendment of the
treaty competent exercise of au-


thority under the Constitution.


The Importance, however, of this
special consideration seems eX-


pressed by the principle that de-


nunciation of o part of treaty not
made by the terms Of the treaty
itself separable from the rest, is u
denunciation of the whole treaty.


AS the other high contracting par
ty has entered into no treaty Obli-
cations, except such as include the
part denounced, the denunciation
by one party of the partnership
liberates the other party from the


whole treaty. 1 am convinced that


whatever urgency might in any
quarter or by any interest be sup


posed to require an instant sup.
preston of further immigration
from China, no reason can require
| the immediate withdrawal of our


treaty protection from the Chinese
already in this country, and no cir
cumstances can tolerate an expos.


ure of our citizens in China, mer-
chants or missionaries, to the con-
sequences of q sudden abrogation of


this treaty protection. Fortunately
however, the recession in the flow


of immigration from China to the
Pacific Coast, shown by trustworthy
statistics, relieves us from any
apprehension that the treatment of
the subject in the proper course of
diplomatic negotiations will intro.
duce any new features of discomfort
or disturbance among the commu-
mites directly affected, were such
delay fraught with more inconven.
fence than has ever been suggested
by the interests most earnest in
promoting this legislation. can.
not but regard the summary dis
turbance of our existing treaties
with China as greatly more incon-
venient to much wider and
more permanent interest Of the
country. l have no occasion to in
sist upon the more general censid-
GRAFTON of the interest and duty
which sacredly guard the faith of
the nation in whatever form of OBJ
legation it may have been given.
These sentiments animate the de.
liberations of Congress and pervade
the minds of our whole people. Our
history gives little occasion for any
reprOach in this regard aud in ask