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Show Tilt: VKIO Tho President VrHJVe llie Honor ot I lie NatJou Iu l'rrlVruee i Nutur-lull Nutur-lull livurufy's Vole. touKresdiiipn Ncored hy the Axecuilve. Washington. 1. Fullowing is the lull text oi the President's veto message mes-sage delivered to the houde of representatives repre-sentatives this morniog: To Ihe Uvuac of licpretenltilice?. Alter a very careful consideration of tho house bill 2,413, eulilltd "An act to restrict tho immigration ol Chinese to the United 8tatee," I herewith return it to the house of representatives, in which it originated, with my objections to its passage. The bill, as it was sent to tho senate from the house of representatives, wue confined in its provisions to the obji ot named in its litlo, which is that of "An act to restrict the immigration immi-gration of Cbiuese to the United Statea." The only means adopted to secure tho proposed object, of the limitation in the number of Chinese passengers which might be brought to this country by uny one vesasl to filteon, and as this number waa hoi fixed in any proproportion to the size or to liunuge of the veasel, or by any consideration of the safety or accomodation of these paeaeugerB, the simple purpose aud eflect ol the enactment en-actment were to repress ttnsicomigra-gration ttnsicomigra-gration to an extent falling but little short of its absolute exclusion. The bill, as amended in ibo senate ana now presented to me, includes an independent and additional provision which aims at, and in terms requires the abrogation by this government of aiticles fivo and six of the treaty with China, commonly called the Burlingame treaty, through the action of the executive, enjoined by this provision of the act. The Burlingame Bur-lingame treaty, ofwbich the ratifications ratifica-tions were exchanged at Pekin Nov. 23d, 1S89, recites, as the occasion and motive of its negotiation by the two governments, that since the conclu aion ol the treaty between the United Stales of America and the Taing empire em-pire (China) of the 18th ol June, i8o8, circumstances have arisen showing tho necessity of additional articles thereto and proceeds to an agreement as to BaiJ additional articles. ar-ticles. These negotiations therefore, ending by the signature of the additional article of July 23, 18GS, had for their object the completion o! our treaty rights and obligations towards the government of China by tho incorporation ol these new articles ns thenceforth part of the principal treaty to which they are made supplemental. sup-plemental. Upon the settled rules of interpretationappUcable to such supplemental sup-plemental negotiations, the text of the principal treaty and of these "additional articles thereto" constitute consti-tute one treaty from the conclusion of the now negotiations in all parts of equal and concurrent force and obligations obli-gations between the two governments and to all intents and purposes, as if embraced in one instrument. The principal treaty, ol which the ratifies tions were exchanged, August 16ib, 1859, recites that: "The United States of America and the Taing empire, desiring de-siring to maintain firm, lasting and sincere friendship have resolved to renew, re-new, in a manner clear and positive, by means of a treaty or general convention con-vention of peace, amity and commerce, com-merce, rules which shall in future be mutually observed in the intercourse of their rejpective countries," and proceeds pro-ceeds in ito thirty ariiolcs to lay out a careful and comprehensive system for the commercial relations of our people with China. The main substance sub-stance of all tho provisions of this treaty is to define and secure the rights of our peoplu in respect ofacceas to residence and protection in and trade with China. Tbe uctual provisions pro-visions in our favor in these respects were found to be and have been found to be adequate aud appropriate to the interests of our coawnerce and by the cencluding article we receive the im- nnrtit uiiamiiIv lhl. fclmnld at unv lime the Taing empire graut to any nation on the merchants or citizens of auy nation any right, privilege or tuvor connected o.tticr with navigation, naviga-tion, commerce, political or other intercourse whicli ia not conferred by this treaty, euch right, privilege and favor shall at once apply freely to tho benefit ol the United Slates, its public ollicers, merchants aud citizens. Too goneral promise of permanent peace and good otlicjs ou our part seems to be the only equivalent. For this the first article undertakes as lollows: ;,There shall be, as there have always boeu, peace and friendship friend-ship between Ihe Uuited States of America aud the Taing empire and between their people, respectively, Tney shall not insult or oppress each other lor auy trilling cause so as to produce an estrangement between them, and if any other nation should act unjustly or oppressively tho United States will exart loeir good offices, on : bciug inlormed oi the cause, to bring! about an amicable arrangement ot the question, thus Bbowiug their friendly feelings." At tho dato of the negotiation nego-tiation of Ibis treaty our Pacifio possessions had attracted considerable uluncse emigration, aud the advantages ad-vantages and the inconveniences felt or Uiued la ere from, had become more or Icsj manifest, but they dictated dic-tated no stipulations on tho subject to be incorporated in the treaty. The year ISoS was marked by the striking evtut of a Fpoulaneous embassy froiu tiie Chinese empire, headed by an American citizen, Anson Burlingame, who had relinquished his diplomatic representation of his own country in Ciima io Risuaie lhat ol Ihe Chinese empire to the Uuiltd S:a;es and the European cations. 13 tbis li;ue the facts of CaiKtse immi tgrali-jn and i:s nature aud iufiuence, i present a:;d (.r.-ipeotivt, had bicomo i more uoticyal le and were more ob-iSTved ob-iSTved by ihe population immeii-ttrly atljcted and by this government. The; ! prii-i-ipal feature ot the Burlin jame j ticaiy was its attention to a a J its treatment of Cuinese immigration and ihe Chinese as forming or stiouLI form 1 apart ol our population. Up iotas' : i i our uucovenanteJ boa-j piialiiy lo emigration, our fearless . . liberty of citizenship, our equal and i ecmprthcusive justice to ail inhabi tants, whether they abj-ired their foreign nationality or no:, iir civ. I freedom and our reuus tulratiun had made all cufucra w Icom", and under tbese protections Uiu Cuiueny, in considerable number-, had tiide their lodgment up-m rur foil. The Burlingame treaty und-irt-ikv t ) deal with this aituUKi;, and its ti:ta ai.d sixth articles tm braced it-i nvt important im-portant provisiuna in this rc ;d and the main stipulations in which the Coiuceo u vera merit has m-cured an obligatory prowctioti ni i;s nubj"ctd within our territory- They re id as Jollows: Article 5 The United Siate.i of America and the emperor ol Uiiina cordially recognize the inherent and inalienable right of man to ehango hia home and allegiance, and also the mutual advantage of the Ire immigration immi-gration and emigration ot their citizens citi-zens and Bubjscia, respectively, from the one country to the other fur purposes ol curiosity, trade, or as permanent residents. The high contracting parties, there.'ore, join in reprobating auy other than au entirely voluntary emigration tor these purposes. pur-poses. Tney coustquenlly agre to paed laws making it a penal ullense (or a citizen ol the United Stales or Chinese subjects to take Cuiueso subjects either to the Uni'.ed Slates or to any other foreign country, or lor a Chinese subject or cuizeu of the United Slates to take citizens of the United States to China or to any other foreign country without their free aud voluntary consent respectively. Article six Citizens of the United States visiting or residing in Cuina shall enjoy the same privilege, immunities im-munities or exemptions io respect to travel or residence as may there be enjoyed by the citizens or eubjucti ot the moat lavored nation, aud reciprocally recipro-cally the Chinese subjects visiting ur residing in the United Statea shall enjoy the same privileges, immun.tiea and exemptions in reaped t travel or residence as may there be enjojed by the cilizens or subjects of the mosi. tavoretl nation. But no!.hing herein contained ehull be held to confer naturalization upon cilizsua of ihe United States io Cnina nor upon the subjects of China in the United States." An examination ot these two articles in the light oi the experience experi-ence Ihen influential in suggesting their necessity will show that tne huh article waa framed in hostility to what aeenaed the principal mischief to ba guarded against, to wit: Tho introduction intro-duction of Chinese laborers by methods which should havo the character char-acter of a forced and acr vil-3 importation im-portation and not of a voluntary immigration im-migration of freemen Beeking our shores upon motives and in a manner consistent with Ihe system of our institutions in-stitutions and approved bv theexneri ence of the nation. Unquestionably the adhesion of the government ot China to these liberal principles of freedom in emigration with which we were so familiar and with which we were so well satisfied, waa a great advance towards opening that empire to our civilization anil religion aud gave promise in the future of greater and greater practical results in tho diffusion throughout that great population of our arts and industries, our manufacture!!, our material improvements and the sentiments sen-timents of government and religion, whioh eeem to us so important to the welfare of mankind. The first clause of thia article secures this acceptance by China of the American doctrines of free immigration to and from among the peoples and races o( the earth. The second clause, however, in its reprobation of any other thun an en- tireiy voluntary emigration by both : the high contracting parties and iu; Ihe reciprocal obligations whereby we secured the solemn aud uu i qualified engagement on the part of ' the government of Cnina, lo pass !laws making a peoal oll'anse for a 1 citizen of the United Statea or Chinese, aubjecta to take Chinese .subjects' either to the Uoitei States or to any , other foreign country without their free and voluntary consent, consli-j lutes the great force and value ef mis article, Its importance, both iu principle and in practical service1 towards our protection against ser-1 vile importation io the guise ol im-' migration, cannot be over-estimated. It commits the Coinese government i to active and efficient measures to suppress this iniquitous system where thouo measures are moat necessary and can be most effectual. It gives to ibis government the footing of a treaty right to such measures and the means and opportunity of insisting upon their adoplion, and of complaint com-plaint and resentment at iheir mg lect, Ihe filth article, therefore, il it (alls Bhort of what the pressure ol the later experience of our Pacific states may urge upon the attenlion of this government as caaen-, tial to the public welfare, Eeems to be in the right direction and, to contain important advantages which once relinquished cannot be easily recovered. Tho second topic! which interested the two governments' under the actual condilious of things which prompted ihe Burlingame treaty was the adequate protection, under the solemn and definite guarantees guar-antees of a treaty, ol the Chinese al-' ready in thia country, and those who should seek our shores. This waa the object and formi the subject ol iLe aixth article by whose reciprocal en gagement the citizens and subjects of the two governments respectively viait-iDg viait-iDg or res ding in the country ol the other are secured the same privileges, immunities or exemptions there enjoyed en-joyed by the cilizema or subjects of the most favored nation. The treaty o! 1858, to which these articles arc made supplemental, provides for a great amount of privilege and protection, both of person and property, lo American Amer-ican citizens in China, but it is upon tbis sixth article tbat ihe main body of the treaty rigdts and securities of tho Cuinee aiready in this country depends. Its abrogation, were the rest ol the treaty lafl in force, : would leave them to such treattneut as we should voluntarily accord them by our lawa and cu3toma. Any treaty obligation would be wanting to restrain res-train our liberty of action towards them or to measure or sustain the right of the Chinese government to complaint or redress in their behalf. The lapse of ten yeara since the ueo tiatinn of tho Buriiugamo treaty has exhibited to the notice of the Cairiese government as well as lo our own people, the wonting or mis expen ment of tho emigration, in gr-a' numbers ol Chinese laborers lo ibis country and their maintenance hereof all the traces of race, relrtjion, manners and customs, bauitatinn, mode ol lift, segregation here and the J keeping up of tne lies of iheir originn! I home, which s'aiup ttiem as st rangers aud sojourners and not tss iucr.rpnr-, ated eleniPutM ol our national life aud j growth. 'Puis esp.-rieuce may naturally natur-ally suggest the reconsideration o? J the subject deiH with by the Bur- ( imgme tieaty, aud may p'tipL-rly become the occsiou of moro direct' and c'ircum;p?ct recognition in rj : newed negoiiatirn? of the dithcu!t'c i surrounding this p sir.iCal tin.! ai i; : problem. It may well bo liiht, to the uppie I hensbn of the Coir.ere govtrumcLl, J no !eii tuan our own, the eiuip'ej provisions of the Buriinfi'me tretry may need lo be replaced by inure ; careful methods, securing the C.iine;.'; and ourselves atainat a larger audi more rapid infusion of this foreign' race than our eystt-m of industry aud eo-it'y can take up and u-iiruiluto wi:ii eai9 aud saleiy. tuis ancient government, ruling a polite and sensitive sen-sitive peop.e, distiugu:sued by a high 'sense ot national pride, may properly desire an adjustment of their rciliuus with ttie United Slates which Wuuid, in ail ihios, confirm and tn uo degree endanger the permanent peace and amity au! the gru ving commerce and pro-purity winch it tun be?n the nljeet and the ellcct of our existing in atka lo cherish and perpetuate. 1 regird the wry gravn discontents of ihe puople of ttio i'ac.lic stati a with ihe prest-ui working oi it.e Chmcvj iinuiignuiuu and iheir s'.ni grave up-preheinious up-preheinious therefrom In tnu luture, as deserviui; the most serious attention atten-tion ol the puople of ihe whole country coun-try and a tolicitus inter. -st on the pari of congress and the executive. II mis were nut my own judgment the! passage ol ihia bill by bulU bouses of cougrees wou!d impress upon ine the seriuusuesa of the situation wheu a majority of the representatives of the people of the whole couutry had thought it necessary to justify eo aeriuui a measure of relist. The authority of congress to terminate a treaty with a foreign power by expressing the will of the nation no longer to ad htra i to it, is as trtefrom coutruversy under! our Constitution as ih ths further! proposition that the power of making' new treaties or uiodiljirg existing! treaties is not lodgei by the Couatitu I lion in congress, but iu the p.eaidenl, ! by and with the advice aud consent uf the seuaie,, as shown by Iho concur-! ! rence ol two-thuds ol thai bdy. A denunciation of a treaty by any government gov-ernment is confusedly justifiable only upon Borne reason .ol Ih'j highest necessity. The action of congress iu the matter of the French treaties in 17'JS, it it by regarded as au ahrogatiou by this nation ot the subsisting treaty, strong1)' illustrates the character and degree ot justification which waa theu thought suitable to such a procee-ling. The preamble of the act recites tnat, the treaties concluded between the United States and trance have been ! repeatedly violated on the part of ihe French government, and Ihe just claims of the United Slates for repara tioo lur the injuries no committed havo been refused and their attomp'.s to neiiotiute an amicable adjustment o( all complaints between the two nations havo been repelled with in-Idignity in-Idignity and that und,rr the authority !of ttie French government there i ia yet pursued sgninst the United ! States a system of predatory violence, vio-lence, infracting the Bail treaties land hostile to the rights of a Iree land independent nation. Tbe en-l&ctmenl en-l&ctmenl as a logical causeqnence Of these recited facta declares : ' That I the United Sta'.oa are of right freed 'aud exonerated from the stipulations ;ot the treaties aud of the consular ! convention heretofore concluded between be-tween tne Uuited Slates and France, and that the same ahull not hence"-j hence"-j forth be regiirded aa legally obligatory I on the government or citizens ot ihe United States." The history of the government shows no other instance of an abrogation of a treaty by cou-jgre83. cou-jgre83. Instances have sometimes occurred oc-curred where the ordinary legislation of congress has, by its confiict with the snme treaty obligations of the goverumput to?;arda a foreign power, taken t fleet aa an infraction of the treaty aod been judicially declared to be operative to tnat result, but neither such legislation nor such judicial ac tion of the eume his been regarded as an abrogation, even for the moment, mo-ment, of the treaty. On toe contrary, the treaty in euch case Btill subsists between the governments and the casual infraction ia repaired by appropriate ap-propriate satisfaction in the maintenance mainten-ance of the treaty. The biil before me does not enjoin upon the president the abrogation ol the entire Burlingame treaty, much less of the principal treaty oi which it ib made the supplement. As the power of modifying an exibiing treaty, whether by adding or striking out provisions, is a part of the treaty making power uuder the Constitution, its exercise ia not competent for congress, nor would tho absent of China to this partial abrogation of the treaty make the action of congresi in tbus procuring an amendment of a treaty a competent compe-tent exercise of authority under the Constitution. The importance, however, how-ever, of thia special consideration eeems superseded by the principle that a denunciation of a part ol a I treaty not made by the term of tho treaty itsell separable from the rest, is ja denunuiatioa of the whole treaty. Ai the otner high contracting con-tracting party has entered into no treaty obligation except Buch s in-cluile.the in-cluile.the part denounced, the denun- j ciation hy one party of the I part necessarily liberates the other 'party from the whole treaiy, I am convinced Ih it whatever urgsntiy might, in any quarter or by any interest, be supposed lo require an instant suppression of further immigration from China, no reason can require Ihe immediate withdrawal ol our treaty protec'inn of the Chinese already in Ihia country and no circumstances cir-cumstances can tolerate an pi po jure of our citizens in Cbina merchant or missionaries, to the conssquences of so Budden an abrngition ol their protection. Fortunately, however, the actual recession in tho flow ol immigration from China to the Pacifio coast shown by trustworthy statistics relieves us from auy j apprehension that the treatment of the subject in the proper courae of diplomaiic npgotiatious will iutro Iduce any new features of discontent or disturbance among the com-niuuitiea com-niuuitiea directly aflcded. Vv ere such delay fraught with more inconvenience in-convenience than biis ever been suggested by the interela most earnest in promoting this legislation, I cannot but regard ihe aummary disturbance of our existing treaties with Cnina as greatly more inconvenient to much wider and more pormanent interests of the country. I nave no occasion to insist upon the more general consideration con-sideration of the interest and duly which sacredly guard the faith of the nation in whatever of obligation ob-ligation it may have been given. These sentiments animate the deliberations of congress and pervade per-vade the minds of nur whole people. Our history gives little occasion for any reproach in this regard, and in asking the renewed attention of congress con-gress to thia bill I am persuaded that their action will maintain the public iduty and the public honor. (Signed) R. B. HAVfS. I Executive Mansion, I March , 1879. |