Year: 1879

Chinese subjects visiting or residing In the
United States shall enjoy the same privi-
legcs, immunities and exemption In re.
speCt to travel or residence as may there
be enjoye by citizens or subjects OF the
most favored nation; but nothing herein
contained shall be held 10 confer natunli.
zation upon citizens OF the United States
in China nor upon subjects Of China in
the United States.


THE OBJECT OF ARTICLES 8 AND 0.


An examination Of these two articles,
in the light OF the experience then inhu.
ential in suggesting their necessity will
show that tho fifth article was framed In
hostility TO what seemed 10 be the princi.
pal mischief to be guarded against, to.
wit: The introduction OF Chinese labor.
ers by methods which should have the
character OF forced and servile immigra.
tion, and not Of voluntary emigration OF
free men seeking our shores with mo.
tives in manner consonant with the
system OF our institutions, and approved
by the experience OF nations. I'm
questionably the adhesion TO the princi.
pals oil freedom in immigration, with
which we were SO familiar. and with
which We were so well satisfied, was
great advance towards opening that EN-.
piro to our civilization and religion, and
gave promise in the future OF greater
and greater practical results in the difTu.
sion throughout that great population OF
our arts and industries, our manufactures,
our material improvements and senti. |
ments OF government and religion, which |
seem to us so important to the welfare OF
mankind.


The first clause OF this article secures the
acceptance by China OF American doc
trines OF free migration to and fro among
the people and races OF the earth. The
second clause, however, iniits reprObation
OF any other than an entirely voluntary
emigration by both high contracting par-
ties and in the reciprocal obligations
whereby we secured the solemn and un-
qualified engagement on the part OF the
Government OF China to pass laws making
It penal offence for the citizens Of the
United States or Chinese subjects To take
Chinese subjects either to the United
States or any other foreign country with.
out their free and voluntary consent, con-
stitutes the great force and value of this
article. Its importance, both in principle
and its practical service toward our pro.
lection against servlle importation in The
guise OF immigration, cannot be overesti.
mated. 1t commits the Cainese Govern.
ment to active and efficient measures to
suppress this iniqu:tous system where
those measures are most necessary and
can be most eiTectual. 1t gives to the
Government the footing OF a treaty right
to such measures and means and the op-
portunity OF insisting on their adoption,
and OF complaint and resentment at their
neglect.


The fifth article, therefore, lift falls short
OF what the pressure OF later experience
Of our Pacific States may urge upon the
attention OF this Government as essential
to the public welfare, seems to be in the
right direction and TO contain important
advantages which once relnquished can
not be readily recovered.


THE SITUATION on THE PACIFIC COAST
regard tue very grave discomfort OF
the people Of the Pacific States with the
present working Of Chinese immigration
and their still graver apprehensions there.
from in the future are deserving the most
serious attention OF the people Of the
whole country, and solicitous interest
on the part Of Congress and the Execu-
tive. II this were not my own judgment,
the passage OF tho bill by both houses Of
Congress would impress on me tile seri.
business OF the situation, when majority
OF the representatives OF the people Of the
whole country had thought 1t necessary
to justify so serious measure OF relief.


The authority Of Congress to terminate
n treaty with q foreign power by express.
ing the will OF the nation no longer 10 nd.
here to it, is US free from controversy un-
der our Constitution rs is the further pro.
position that the power of making new
treaties or modifying existing treaties is
not lodged by the Constitution in Con.
gress, but in the President, by and with
the advice and consent ot the Senate, as
shown by the concurrence Of two.thirds
OF that body.


The President, after still further discuss
Ing the effect OF the bill upon the treaty
as it exists, concludes as follows: A de-
nunciation OF part OF treaty not made
by the terms Of the treaty itself separable
from the rest, is denunciation OF the
whole treaty, as the other high contract.
ing party has entered into no treaty oLli-
cations except such as include the mart
denounced. The denunciation by one
party Of Q part necessarily liberates the
other party from the whole treaty,


am convinced that whatever urgency
might in any quarter or by any interest be
supposed to require the Instant suppre
sion OF further immigration from China,
no reasons can require the immediate
withdrawal OF our treaty protection OF the
Chinese already in this country, and no
circumstances can tolerate the exposure OF
our citizens in China 10 the consequences
OF so sudden an abrogation OF their treaty
protection.


! have no occasion to insistupon more
general consideration Of tho interest and
duty which sacredly guard The faith Of the
nation in whatever form OF Obligation IL
may have been given. These sentiments
animate the deliberations OF Congress and
ppryade the minds Of our whole people.
Our history gives little occasion ior any
reproach in this regard, and in asking the
renewed attention OF Congress 10 this hill
| am persuaded their action will maintain
pnblI9 duty and national honor,


[Signed1 r, D.'HAyRs


March /, 1870.


In the House the message was read, and
at first listened TO attentively, but before
half was read few members maintained
even semblance OF interest, The pre.
vious question was then moved and sec.
onded. Mr.. Butler and others obtained
leave to print their remarks, and a vote
E9s taken on passing the bill over the veto
which resulted yeas lQQ, nays Q3-not the
necessary twothirds,