Speech #450105307

Up to this extent there is no restriction upon the action of the United States Government. and for this end both general and special laws maybe enacted and enforced. The prqposed introduction of any objectionable population. whether pauper. criminal. cooly. or any other class who may be deemed dangerous and undesirable by the people. will furnish appropriate and suflolienit occasion fo the interposition and action of the Government. We have enacted naturaiiation laws that discriminated against the Mongelian as a race. we have enacted laws against the cooly tradehat discriminates against them as a specific classof populationfand the great State of New York is now. by memorial of her people. teeking to reenact under national jurisdiction and authority a system of legilation once in force under State authority for a period of thirty years. by which it is proposed to rogute the matter of immigration. through the impositionof aper ccrio tar on the immigrant. or impositions of guarantee bondsupon the officers or owners of the vessels that bring immigrants to our shores. Now. Mr. Speaker. the pending measure is of the same blass. in principle. with this general legislation sought by New York. but is supplemental and rendered necessary thereto to meet social and industrial conditions of the Pacific States and to relieve us of a danger that grows out of these conditions. 1 objection is made by gentlemen that this measure is exceptional and not in accord with the established policy of the Government on the subject of immigration. we reply that the restrictions proposed to be placed upon the Chinese aliens who have cursed California by their advent are in accordance with the discrimination against them in the naturalization and cooly laws. and recognized in the treaty itself. Hence the measure cannot be opposed to the policy of the Government or in violation of the provisions of the existing treaty between the two countries.- A -vague impression exists in the minds of some gentlemen that in the matter of emigration the Chinese stand on the same plane with the most favored nations. and enjoy equality of rights with them. This impression proceeds upon a total misapprehension of the provision of our treaty with China. and a reference to the fifth and sixth articles of the treaty will sustain the conclusion I have reached and now state. In the fifth article the right of free migration and emigration is recognized. but. as is evident by reference to the concluding clause of this article. the word "free" is used as the opposite of "involuntary." and does not convey nor is intended to convey the idea or the right of unrestricted introduction of the Chinese into this country. nor does it debar the United States. by legislation or otherwise. from limiting and regulating the volume of this people that may seek our shores. Further consideration confirms the intepretation that I have placed on the fifth article of the treaty with China. and will show beyond a peradventure the character and extent of the right recognized. What is recognized? "TIie inalienable right inherent in both the Chinese subject andAmoricau citizen of free" migration and emigratiou." Take notice that this is not a right originating in the treaty. but inalienable and inherent. is not a rght belonging to the empire of China. but to a subject of that empire. and a right not helonging to him as a Chinese subject. but as a mana natural right belonging to all men. The right of the person. Chinese or American. whatever it may be. is naturally and equally recognized by the two governments. aud it cannot be given a meaning and significance in the one ease that does not equally apply to the other. I repeat. what is the right recognized in the phrase "free migration and emigration?" Does it mean that each party in question possesses the inalienable right of voluntary in contradistinction to coerced migration and emigration from one to the other country? This would seem to be the meaning of the word "free." and the latter section of the article sustains this signification. Does it mean by free. unlimited. andunrestricted enilgration that the several governments themselves cannot and will not impose any restribtion on the volume of population that may attempt and seek to move from one countryto the other? Thiscaunot be the import of the word or phrase. because China excludes all migration from some of its territory. It permits immigrants only to land at certain ports of the empire. An unlimited volume of emigration at the will of the parties was certainly not contemplated by China.� There is an additional and further view of this article which is conclusive of this question and unanswerable. The article under consideration contains two sentences. The first contains the recognition of a right. and the second the guarantee of the right mutually recognized bythe two governments. Thetwo sentences of this article not only interpret but measure each otherno more. nodless. Whatever right is recognized applies to the population alike of each land. and the respective governments agreed. under the sanction of a treaty. to protect it. "What is guaranteed?" Voluntary migration and emigration in opposition to involuntary. "It is agreed and guaranteed by the two governments that emigration shal be free" and not coerced. or. in other words. not cooly in its character. This is the full significance of the guarantee. which not only determines but measues the right confirmed. There is. therefore. I repeat. nothing in the article that precludes such legislative and administrative limitation. out of the volume of Mongolian population who may seek our shores. as the sentiments and interests of the country may make desirable and necessary. -By reference tothe sixth article. which confers certain rights upon Chinese subjects equally with the most favored nations. it will be fofnd that the.provision does not refer to the introduction of this alienpopulation. but onlyto their rightsafter they shall have reached our shores. It does not confer any rights of immigration at all. but deals with them after they shall become residents. securing them. simply and only. "rights of residence and travel" similar and equal to those of he most favored nations. I affirm that not only does the United States possess the power to legislate adequately on this sjabjeet. not only has it heretofore legislated in this direction. but the eontmplated measue is in strict harmony with the policy of the Government. and perfectly consistent with the provisions of existing treaties and the good faith upon which said treaties proceed. We urge this measure in the interest of society. for the preservation of the purity. order. and prosperity of the intelligent communities that make up the great commonwealths of our free Republicd.