EXECUTIVE MANSION, _Washington, April 4, 1882_.
_To the Senate of the United States:_
After careful consideration of Senate bill No. 71, entitled "An act to
execute certain treaty stipulations relating to Chinese," I herewith
return it to the Senate, in which it originated, with my objections to
its passage.
A nation is justified in repudiating its treaty obligations only when
they are in conflict with great paramount interests. Even then all
possible reasonable means for modifying or changing those obligations
by mutual agreement should be exhausted before resorting to the supreme
right of refusal to comply with them.
These rules have governed the United States in their past intercourse
with other powers as one of the family of nations. I am persuaded that
if Congress can feel that this act violates the faith of the nation as
pledged to China it will concur with me in rejecting this particular
mode of regulating Chinese immigration, and will endeavor to find
another which shall meet the expectations of the people of the United
States without coming in conflict with the rights of China.
The present treaty relations between that power and the United States
spring from an antagonism which arose between our paramount domestic
interests and our previous relations.
The treaty commonly known as the Burlingame treaty conferred upon
Chinese subjects the right of voluntary emigration to the United States
for the purposes of curiosity or trade or as permanent residents, and
was in all respects reciprocal as to citizens of the United States in
China. It gave to the voluntary emigrant coming to the United States
the right to travel there or to reside there, with all the privileges,
immunities, or exemptions enjoyed by the citizens or subjects of the
most favored nation.
Under the operation of this treaty it was found that the institutions
of the United States and the character of its people and their means of
obtaining a livelihood might be seriously affected by the unrestricted
introduction of Chinese labor. Congress attempted to alleviate this
condition by legislation, but the act which it passed proved to be
in violation of our treaty obligations, and, being returned by the
President with his objections, failed to become a law.
Diplomatic relief was then sought. A new treaty was concluded with
China. Without abrogating the Burlingame treaty, it was agreed to modify
it so far that the Government of the United States might regulate,
limit, or suspend the coming of Chinese laborers to the United States
or their residence therein, but that it should not absolutely prohibit
them, and that the limitation or suspension should be reasonable and
should apply only to Chinese who might go to the United States as
laborers, other classes not being included in the limitations. This
treaty is unilateral, not reciprocal. It is a concession from China to
the United States in limitation of the rights which she was enjoying
under the Burlingame treaty. It leaves us by our own act to determine
when and how we will enforce those limitations. China may therefore
fairly have a right to expect that in enforcing them we will take good
care not to overstep the grant and take more than has been conceded
to us.
It is but a year since this new treaty, under the operation of the
Constitution, became part of the supreme law of the land, and the
present act is the first attempt to exercise the more enlarged powers
which it relinquishes to the United States.
In its first article the United States is empowered to decide whether
the coming of Chinese laborers to the United States or their residence
therein affects or threatens to affect our interests or to endanger good
order, either within the whole country or in any part of it. The act
recites that "in the opinion of the Government of the United States the
coming of Chinese laborers to this country endangers the good order of
certain localities thereof." But the act itself is much broader than
the recital. It acts upon residence as well as immigration, and its
provisions are effective throughout the United States. I think it may
fairly be accepted as an expression of the opinion of Congress that the
coming of such laborers to the United States or their residence here
affects our interests and endangers good order throughout the country.
On this point I should feel it my duty to accept the views of Congress.
The first article further confers the power upon this Government to
regulate, limit, or suspend, but not actually to prohibit, the coming
of such laborers to or their residence in the United States. The
negotiators of the treaty have recorded with unusual fullness their
understanding of the sense and meaning with which these words were used.
As to the class of persons to be affected by the treaty, the Americans
inserted in their draft a provision that the words "Chinese laborers"
signify all immigration other than that for "teaching, trade, travel,
study, and curiosity." The Chinese objected to this that it operated to
include artisans in the class of laborers whose immigration might be
forbidden. The Americans replied that they "could" not consent that
artisans shall be excluded from the class of Chinese laborers, for it is
this very competition of skilled labor in the cities where the Chinese
labor immigration concentrates which has caused the embarrassment and
popular discontent. In the subsequent negotiations this definition
dropped out, and does not appear in the treaty. Article II of the treaty
confers the rights, privileges, immunities, and exemptions which are
accorded to citizens and subjects of the most favored nation upon
Chinese subjects proceeding to the United States as teachers, students,
merchants, or from curiosity. The American commissioners report that the
Chinese Government claimed that in this article they did by exclusion
provide that nobody should be entitled to claim the benefit of the
general provisions of the Burlingame treaty but those who might go to
the United States in those capacities or for those purposes. I accept
this as the definition of the word "laborers" as used in the treaty.
As to the power of legislating respecting this class of persons, the new
treaty provides that we "may not absolutely prohibit" their coming or
their residence. The Chinese commissioners gave notice in the outset
that they would never agree to a prohibition of voluntary emigration.
Notwithstanding this the United States commissioners submitted a draft,
in which it was provided that the United States might "regulate, limit,
suspend, or prohibit" it. The Chinese refused to accept this. The
Americans replied that they were "willing to consult the wishes of the
Chinese Government in preserving the principle of free intercourse
between the people of the two countries, as established by existing
treaties, provided that the right of the United States Government to use
its discretion in guarding against any possible evils of immigration of
Chinese laborers is distinctly recognized. Therefore if such concession
removes all difficulty on the part of the Chinese commissioners (but
only in that case) the United States commissioners will agree to remove
the word 'prohibit' from their article and to use the words 'regulate,
limit, or suspend.'" The Chinese reply to this can only be inferred from
the fact that in the place of an agreement, as proposed by our
commissioners, that we might prohibit the coming or residence of Chinese
laborers, there was inserted in the treaty an agreement that we might
not do it.
The remaining words, "regulate, limit, and suspend," first appear in the
American draft. When it was submitted to the Chinese, they said:
We infer that of the phrases regulate, limit, suspend, or prohibit,
the first is a general expression referring to the others. * * * We
are entirely ready to negotiate with your excellencies to the end that
a limitation either in point of time or of numbers may be fixed upon
the emigration of Chinese laborers to the United States.
At a subsequent interview they said that "by limitation in number they
meant, for example, that the United States, having, as they supposed,
a record of the number of immigrants in each year, as well as the total
number of Chinese now there, that no more should be allowed to go in any
one year in future than either the greatest number which had gone in any
year in the past, or that the total number should never be allowed to
exceed the number now there. As to limitation of time they meant, for
example, that Chinese should be allowed to go in alternate years, or
every third year, or, for example, that they should not be allowed to
go for two, three, or five years."
At a subsequent conference the Americans said:
The Chinese commissioners have in their project explicitly recognized
the right of the United States to use some discretion, and have
proposed a limitation as to time and number. This _is_ the right to
regulate, limit, or suspend.
In one of the conferences the Chinese asked the Americans whether they
could give them any idea of the laws which would be passed to carry the
powers into execution. The Americans answered that this could hardly be
done; that the United States Government might never deem it necessary
to exercise this power. It would depend upon circumstances. If Chinese
immigration concentrated in cities where it threatened public order,
or if it confined itself to localities where it was an injury to the
interests of the American people, the Government of the United States
would undoubtedly take steps to prevent such accumulations of Chinese.
If, on the contrary, there was no large immigration, or if there were
sections of the country where such immigration was clearly beneficial,
then the legislation of the United States under this power would be
adapted to such circumstances. For example, there might be a demand for
Chinese labor in the South and a surplus of such labor in California,
and Congress might legislate in accordance with these facts. In general
the legislation would be in view of and depend upon the circumstances
of the situation at the moment such legislation became necessary. The
Chinese commissioners said this explanation was satisfactory; that they
had not intended to ask for a draft of any special act, but for some
general idea how the power would be exercised. What had just been said
gave them the explanation which they wanted.
With this entire accord as to the meaning of the words they were about
to employ and the object of the legislation which might be had in
consequence, the parties signed the treaty, in Article I of which--
The Government of China agrees that the Government of the United
States may regulate, limit, or suspend such coming or residence, but
may not absolutely prohibit it. The limitation or suspension shall
be reasonable, and shall apply only to Chinese who may go to the
United States as laborers, other classes not being included in the
limitations. Legislation taken in regard to Chinese laborers will be
of such a character only as is necessary to enforce the regulation,
limitation, or suspension of immigration.