Rensselaer Union, Volume 11, Number 25, Rensselaer, Jasper County, 6 March 1879 — THE PRESIDENT'S VETO. [ARTICLE]

THE PRESIDENT'S VETO.

FrA«M«*nt Haye* DU*p»vove» of th* Pro vision* of the Chine** luimluMAon for So zjoln*, IL j The following run text of’tbe President’s Veto Message delivered to >tho Natiop&l Hour of Hepresentatives, on the evening of the l»t: ' To the Hoou of RepretentaUw: Afters very < nrt fm <!oihildjiatl»n bf; Home til £.448,tent14 tied ■'Ap »t t* rifatrlqt khe limnlttritthji ofCM-! neie io tliJUnftef BUtJI" I herewith return 111 to thrt Home of Khpresentatlvei, In which n<Hy If originated, with my objections to Its paeaago. The bill, as It was Mint to the Senate from the Homo of ItepreaeuUtlvaL .was confined In Its proviriohs to ths «bj|ci filmed 'Jn ns'til|le, which Is that of VAti a«t to t reilrlit the immigration of Chltfeae io, t|o‘Hpltfd The only means adopted to secure the proposed object was the limitation In the number of Chinese parfSingers which might bo brought to this country' by my ens vessel to fifteen, and as this number was not fixed in any proportion to the size or tonnagu of the vessel, or by any consld’eratioe of tin safety 6r, Acconunodutioif of tb«e f passepgerl, th# simple purpeaq ftfd eßiciofthe enactment were to repress thia Immigration to mi extent falling but little short of its absolute exclusion- ’ » . The billy as amended in the Senate, and now preecu ted t<> 11)e. Includes an independent and additional provision, which alms nt and in (esm* requires the abrotrnliou, by Iht* Government, of Arts. 5 and 0 of th? treaty with China, commonly '.called the Burllngstn* Treaty, through the action of the Executive, enjoined t>y thia provision of the act. The Burlingame Treaty, of which ratifications were exc hanged al I’ekln, Nov.* 23, IStlll. recites as the occasion and motive of its negotiation by the two Governments that •-since the conclusion of the.treaty between the .United State* of America and the Ta Tsing Empire (China) of the ]Bth June, 1858. clrcnm- ! stances have arisen showing the necessity of ivldillnuat firtiytlfs thereto," and proceeds tb in agreement as to said additional articles. There negotiations, therefore, ending by the signature ot the additional articles July 28, 1808, bail for their object the completion of our treaty rights and .obligations toward the Government of ChinabV the iucorporAllon of these new articles ns thenceforth parts Of the principal treaty te which they .are. mode supplemental*. Upou the settled rules of interpretation applicable to uncn shprilenipntal negotiations, the text of the principal 'treaty and of these “additional articles_thereto/’ constitute one treaty, from the conclusion of the new negotiations, in all parts of equal aniLcnucurrent force and obligation between the two Governments, and, to all intents aud purposes, as if embraced in one instrument. The principal treaty, of which the ratifications were exchanged Aug. 16. 18511, recites that “The United States of America and the Ta Tsing Empire, desiring to maintain firm, lasting and sincere friendship, have resolved to renew in a manner clear and positive, by means of a treaty or general convention of peace, amity and commerce, the rules of Which shall in future be mutually observed in the intercourse of their respeotlve . countries," and proceeds in. its thirty articles to lay out * careful and comprehensive system for the commercial relations of our people with China. The main substance of all the provisions of this treaty is to define nnd secure the rights of our people in respect of access to, residence and protection in, and trade with China. The aotnal provisions in our favor in the<*e respects were framed to be, and have, been found to be, adequate aud appropriate to the interests of our commerce, and by the -concluding article we receive the important guarantee “that should at any time the Ta Tsing Empire grant to »ny Nation, the merchants or citizens of any Nation, any right, privilege or favor connected cither with navigation, commerce, political, or other intercourse which is not conferred by this treaty, such right, privilege and favor shall at once freely inure to the benefit of the United States, its public ofUcers, merchants and citizens.” Against this body of stipulations in oiir favor,and this permanentengagement of equal, ity in respect of all future concessions to foreign Nations, the general promise of permanent peace and good offices on our part seems to be the only equivalent. For this the first article undertakes as follows: " There shall be, as there have always been, peace and friendship between the United Slates of America and the Ta Tsing Empire, and between their people respectively. They shall not insult or oppress each other for any trifling cause, sons to produce an estrangement between them, aud if any other Nation should act unjustly or oppressively, the United Slates will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing tbeif frieiidly feelings.", • ' At the date of the negotiation* of this treaty, our Pacific possessions had attracted a considerable Chinese emigration, and the advantages aud the inconveniences felt or feared therefrom had become more or less manifest, hut they dictated no stipulations on the subject to be Incorporated in the treaty. The year 18118 was marked by the striking event of a spontaneous Embassy from the Chinese Empire, headed by an American citizen, Anson Burlingame, who had bis diplomatic representation of his own country nrChfna to aH-uiuO that of the Chtncsb Empire to flbe United States aud the European Nations. By tills time tire facte of Chinese immigration nnd its nature, influence, present and prospective, had become more noticeable and were more observed by the, population immediately affected, aid by this Governmciit. The principal feature of the Burlingame Treaty was its attention to and its Ireatuieut of Uie Chinese Immigration, and the Chinese as forming, or as they should form, A par*ol onr population. Up to this time our nneovenanted hospitality to immigration, our fearless liberty of citizenship, our equal and comprehensive justice to aH inhabitants, whether they abjured their foreign nationality or hot, our civil freedom mid our religious toleration, had made all comers welcome, nnd under these protections the Chinese in considerable numbers had made their lodgment upon our soil. Tiie Burlingame Treaty under,akes to deal with this situation, and its fifth ami sixth articles embrace its most Important provisions in this regard, and the main stipulations in which theChlnese Government has secured an obligatory protection of its subjects within our territory. They read as follows: . “Abt. 5. The United Slates of America and the .Emperor bf China .cordially recognize the inker, rent and inalienable right of man to change l*is home and allegiance, and also the mutual advantage of the free migration and emigration of their citizens and subjects respectively from the one country to the other for purposes of curiosity, of traut*. or as permanent residents. The high contracting parties, therefore, join in reprobating any other than an entirely voluntary emigration for these purposes. They consequently .a-’ieo to puss laws making it a penal offense for a citizen of the United States or Chinese subjects to talii Chinese subjects dither to the United State* or to any other foreign chnntry; or for a Chinese subject or citizen of the United States to take Cltisens of the United States to Chinai or to any other foreign countQ-, withotU-Uxeir free and VolAntary consent, resnefitlvely. “Abt 6. Citizens-Of the VnitodStales visiting er residing in CTjifha'shfifl ■ enjoy thd Xaiuq privileges, exejnptions in respect to travel or resldonoe Mmav t hen* be fenfojed, by the citizens qr gnjActs -ot' fix! most favored -Nation ; and, rqCiiitbcaHj-. Chinese subjects visiting or residing ifi ,'Ui.e VfiiWA States shall enjoy flic snme priviiqtretglnimuhWcs aud exemptions in re81>ect to travel br reaNetft* as may there b« enjoyed by the titiaenk or subjects of-the most,favored Natiiyi, But, Jiothing herein contained shall be heM’lo confdr jMlfiirSlization Upon citizens of the United States-H chlua nor upon the, eutfleefi! of C-hrftaa in tbfe Ufitted Stalas." j* An examinauop of tliesctwo articles in the light, of the experieihte -illiret fufluehttrf’ their necessity, wilhftiow.that th* Atlh articlp’ivas framed In hostlllly*k> seemed the prtnofpnl mischief to be eutoded agaiusK ,Aft-wit: The introduction oT'-sCCntWe' Jahorers by methods which should havfi the character of h forced and sen'll* Importation, and not of a voluntary emigration of freemen seeking our shores upon motives and in a manner consistent with tlie system of our institutions and approved by the experience of the Nation. Unquestionably the adherence of the Government of China to these liberal principles of freedom in emigration with which we were so familiar, and with which we are so well satisfied, was a great advance toward opening that Empire Jo our civilization •nd religion, and gave promise in the future of greater and greater practical results in the diffusion throughout that great population of our Arts nnd industries, our manufactures, our material improvements, and the scutimenls of Government and religion, which seems to us sp Important to the welfare of mankind. The first clause of this article secures thia acceptance by China of the American doctrines of free miration to and fro among the peoples ami races of the earth. The second clause, howcvwr. In its reprobation of “ any other than an entirely Voluntary emigration" by both the high contracting parties, and in the j reciprocal obligations’Jhwreby are- secured the solemn and unqualified engagement on the part of the Government of China to pass laws maklng.lt a penAl offense for a citizen of the United States or Chi nese subjects to take Chinese suMectt eitberlo the United States or td any other foreign cotinfrv without th to; free and voluntary consent, couslb tntes the great force and value of this article. Its importance both in principle and in its practical service toward our protection agiiinst servile importallon In the guise vs Immigration cannot he overeatimated. It com mlts the Chinese Governtnent to active mid efficient measures to suppress this iniquitous system Where those rA'-'asurt s nr* most necessary and can be most effectual. Itgive< to the Government a footing of ir-'tdy right to such measures mul means, and opportunity of inslating upon tftslr adoption and tn complaint and resentment st their neglect. The fifth article, therefore, If It fall short of what the pressure of-lM** experience of our Pacific State* may nrg* npon the attention of this Government, as essential to public welfare, seems to lie in the right direction and to contain Important advantages whiob, once relinquished, canned bo easily recovered. The second topic which interested the two Governments under the actual conditions of thing* which prompted the Burlingame Treaty was the adequate protection under the solemn apd definite gttaraatess of the treaty, of Chinese .Alrerifly, tn this country and, I those who should seek Olik, shores. This ,was the object and forms the subject of the sixth I,Article by whose reciprocal engagetaent the citizens anu sublects of the two Governments respectI other are secured the same privileges, Irnlniinnles, or.exemptions tbgre etjjoyea by the citizens of subjects of the most favored NatiotiS, Ibe tj-eakv of 1858, to which these .ajtiC|loa are made eupptamental. provide* for KWreal amount or privilege and protection both "of ths persons aiid propertv or American citizens In China. But k in upon the sixth article that, the

main body or the treaty-right* and aecurttiea of the Chinese already In this country depend. It* abrogation, were tUc rest of the treaty left In force, would leave them to each treaiml pt a* w* should volentarlly accord them by ouidaw* and customs. Any treaty obligation would he wuntlpg 'to restrain our liberty of action toward them. Or measure or anythin the right of tlldChinese Uov'ernnient to rodresb In their buhalf. The hqme of ten years since the negotiation of the Bt'r llngame Treaty ha* exhibited to the notice of the Chinese Government, as, wall aa to our own people, the working of thia experiment of Immigration In great numbers of L'bluetiv' laborers to thia country, and their main!*nance here of all tialta of race, religion, manners and ctiatoms, habitation, mode of life, rerrtgstion Imre. ahd the keeping up of the ties of their i rlgimo Ifomix which atatnp them ns stranger* and sojonrtiOts, mid not aa Incorporated element* of out hutlonal life and growth. This experience may naturally suggest a reconsideration bf the subject ns dealt with by the Burlingame Treaty, and may properly become the occasion for more direct and circumspect recognition In renewed negotiations of the difficulties atirrunndlng this political uud social problem. It may well be that, to the apprehension of the Chinese, Government tioiis* than our own, the simple provisions of the Bur lingamp Treaty may need to bo replaced by more careful methods, securing the Chinese and ourselves ngulnst a larger and more rapid Infusion of this fb race than our system of Industry and so claty/tan take up and assimilate with case and Safety. This ancient Government, rullag n polite and sensitive people, distinguished by a high sense of Mgtlonal pride, ytay properly desire the adjustment of their relations with us, which would In all things confirm and lit no degree endanger the .permanent peace, and amity, and growing commerce, and prosperity, which it has been the object and effort of our existing treaties to cherish and perpetuate. I regard the very grave discontent of the people of the Pacific States with the present working of the Chinese Immigration, and their still graver apprehensions therefrom In the future, ns ne-ervlng [he most serious attention of the people of the whole countiy, a solicitous Interest on the part of Congress and the Executive. If this were not my own Judgment, the passage of this hill by both houses of Congress would impress upon me the serionsnesa of the situation, when a majority of (he representatives of the people of the whole eotfntry bud thought It necessary to Justify so serious a* measure of relief. The authority of Congress to terminate a treaty with a foreign Power by expressing the will of the Nation no longer to adhere to it Is us free from controversy under our Constitution as is the Birther proposition that the power of making new treaties or modifying existing treaties is not lodged by the Constitution in Congress, but in the President by and with the advice and consent of the f’eiinte. ns shown by the concurrence of two-thirds of that body. A denunciation of a treaty by’any Govern-” meut Is confessedly Justifiable only upon some reason, both of the highest justice and of the highest necessity. The action of Congress fit the matter of the French Treaties In 1798, If it be regarded as an abrogation by this Nation of the subsisting treaty, strongly Illustrates the character and degree of juslifleation which was then thonght suitable th such a proceeding. The preamble of the act recites that “ The treaties concluded between the United States and France have been repeatedly violated op the part of the French Government, and hist claims of the United States for the reparation of injuries so committed kpve been refused, ai.dlheir attempts to negotiate the amicable adjustment of all complaints between the two Nations have been repelled with indignity*." and that “ under the authority of the French Government there is yet pursued against the United States a system of predatory violence, infracting said treaties and hostile to the rights of a free and independent Nation." The enactment as a logical consequence of these recited facts declares " that the United States are of right freed and exonerated from the stipulations of treaties of the Consular Convention heretofore concluded between the United States and-France, and that the same shall not henceforth be regarded as legally obligatory ou the Government or the citizens of the. United Slates.” The blstorv of the Government shows no other instance of the abrogation of a treaty by Congress. Instances have sometimes occurred yhere the ordinary legislation of Congress has, by its conflict with some treaty obligations of the Government tow ard foreign Pow ers, taken effect as an infraction of a treaty, bad been generally declared to be operative to that result. But neither such legislation, nor such judicial sanction of the same, has been regarded aa an abrogation, even for the moment, of the treaty. On the contrary, the the treaty, in such cases, still subsists between the Governments, and the casual infraction is repaired by appropriate satisfaction in the maintenance of the treaty. The bill before me does not enjoin upon the President the abrogation of the entire Burlingame Treaty, much less of the principal treaty of which it is made the supplement. As the power of modifying an existing treaty, whether by adding or striking out a provision, is a part of the treaty making power nnder the Constitution, its exercise is not competent for Congress, nor would the assent of China tothis partial abrogation of the treaty make the action of Congress in thus procuring an amendment of the treaty a competent exercise of authority under the Constitution. The importance, however, of this special consideration seenu superseded by the principle that a denunciation of a part of a treaty not made on the terms of the treaty itself separate from the rest is a denunciation of the whole treaty. As the other high contracting party has entered into no treaty obligations except such aa include tbc part denounced, the denunciation by one party of the part necessarily liberates the other party from the whole treatv. I am convinced that whatever urgency might in any quarter or by any interest be supposed to require the instant suppression of further immigration from China, no reason can require the immediate withdiawalol'our treaty protection of the Chinese already in this country, and no circumstances can tolerate an exposure of our citizens In China, merchants or missionaries, to the consequences of so sudden an abrogatiou.of their treaty protection. Fortunately, however, the actual recession In the flow of immigration from China Io the Pacific Coast, shown by trustworthy statistics, relieves us from any apprehension that the treatment of the subject in the proper course of diplomatic negotiation* will introduce any features of discontent or disturbance among tbc comuMinitira directly affected. Were such delays fraught with more inconveniences than have ever been suggested by the interests most earnest in promoting this legislation, I cannot but regard the summary disturbance ofonr existing treaties with China as vastly more inconvenient—to much wider and more permanent inter ests of the country. J have no occasion to insist upon more general consideration of the interest and dnty which sacredly gnard the faith of the Nation in whatever form of obligation ft may have been given. These sentiments animate the deliberations of Congress and pervade the minds of our whole people. Our history gives little occasion for any reproach in this regard, and In asking the renewed attention of Congress to this bill, I am persuaded their action will maintain public duty and public honor. It B. Hayes. Executive Mansion, March 1,1879-