Speech #470034200

President. whatever may be said about the propriety of the enactment of this bill into a law as it now stands under the provisions of the treaties between the United States and China. I think there can be no difference whatever in the judgment of thoughtful men that the amendment now pending offered by the Senator from California is open to two very serious objections. This bill. in its terms. is one to carry out treaty stipulations with China. and the amendment proposes to declare that no State or Federal court shall naturalize Chinese subjects. In the first place. therefore. this amendment does not belong upon this bill. it is not germane. it has io connection whatever with the subject that it is proposed to treat upon and the ends that are sought to be accoiplished by the Senators from California and Nevada. Besides that. it is exactly in contravention of and in direct opposition to the stipulations of two existing treaties. Article 5 of the treaty made at Washington on the 28th of July in the year of our Lord 1868 begins with this language: The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his homs and allegiance. andalso 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 trade. or as permanent residents. Article II of the treaty that was last made declares thatChinese subjects. whetherproceeding to the United States as teachers. students. merchants. or from curiosity. together with their body and household servants. and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord. and shall be accorded all the rights. privileges. inmunitis. and exemptions which are accorded to the citizens and subjects ofthe most favored nation. This amendment. therefore. proposes hot only to exclude from naturalization as citizens of the United States the class that is regarded by the citizens of the Pacific coast as objectionable. but declares that those Chinese who are hero with the concurrence of all parties shall be excluded from advantages which have been guaranteed to them solpcmnly by two treaties. that is to say. that a Chinese merchant or a Chinese trader or a Chinese scholar or a Chinese traveler. who may come here for purposes admitted by everybody to be innocent and lawful. shall be excluded from naturalization by the courts of the States and by the courts of the nation if they desire to become. naturalized and are declared by the courts to be proper subjects of naturalization. I should hope. Mr.