Speech #470041107

Ostensibly and in theory this purports to he a bill "to execute certain treaty stipulations relating to the Chinese." but practically and in fact it is to violate a treaty and prohibit for twenty years all Chinese laborers. whether skilled or unskilled. from coming to the United States. And this prohibition is intended to be so guarded and hedged abost with liies. penalties. and imprisonments as to absolutely prevent its evasion or infringement. To the other nations of the earth. not affected by this legislation. it must appear strange and unaccountable that a country inhabited by a people made up of immigrants from every race tnder Heaven should. at the very beginning of the second century of its existence. attempt to build around its tcrri. wall :iainst foreinters. deeper and broader and higher than that which hept China froi civilization and Christianity eighteen hundred years. It nmst seem strauge to them that a government founded and built upon the broad foundations of justice and equality should. after having stood in the high places of its power for a hundred years.and with si) tstretched arms welcomed to itsshoresthe oppressed and downtrodden of the whole earth. that a people who have grown rich and powerful and prosperous through the skill and courage and labor of this vast influx ofinn from everyland and clime. that a nation which for a century has nnarehed to success and victory under a banner upoi whose broad folds is emblazoned. in characters of living light. the immortal declaration that all men are politically free and eiual before the lawI say it must seem strange that such a people should. in the noontido light of such a history. forget their record. repudiate their principles. and tarnish their good name by placing upon the nation al statutebook a declaration which not only violates a solemn compact. makes a distinction between races. but which actually discriminates against labor. The great principle of the right of every man to life. liberty. and the pursuit of happiness is the cornerstone of our republican edifice. and this principle carries with it the right to seek that liberty and happiness anywhere ot earth lie may choose to go. This right of emigration is a part and parcel of his liberty. an inherent. vested. Godgiven right. indispensable to his happiness. and one which is far above and beyond all imnan laws and constitutions. The Conoress of the United States long ago declared by public statute in t&a most solemn manner that this igfit is beyond thelegal control of the Government when it said: .Whereas the riht of expatriation is a natural and inherent right of all people. indisansable to he cnoyment. of the rights of life. liberty. and the pursuit of ha wit ss. anild Whoreas in the recognition of this nmniislO this Governmenthias freely received emigrants flom all nations. and invested tlimn with the rights of citizenship. The late Senator Morton. when speaking of this subject. declared: liat a mans right to withdraw from iiis native country and make his lome in another. and thus ut himself off from all connection with his native country. is a part of his natural liberty. and without that his liberty is defective. We claimi that the right to liberty is a natiral. inherent Godgiven right. and ]its liberty is imperfect unless it carries with it the right of expatriation. This bill is a bold and audacious denial of this great principle of expatriation. it is a declaration limiting and circumscribing hunan rights. it fliesa in tine face of the spsirit and genius of onrinstatutious. and would. if it should become at law. fix a stigi ad a blot uponl the history of oar country of the past huntded year.. The title of this bill indicates. as I have already said. that its object is "to execute certain treaty stipulations relating to Chinese." NoW. sir. in order to ascertain whether this is the true intent asd purpose of this legislation. let us look for a moment at the terms of the treaty made with China in 18S0. relating to this subject of immigration. In article 1 of thattreaty it is declared thatWhenever in the opinion of the Government of the United States the coming of Chinese laborers to tho United States. or their residence therein. affects or threatens to affect the interests of that eountry. or to endanger the good order of the said country or any locality within the tenritory thereof. tbe Government of China agrees that ho Government of the United States may regulate. limit. or sspsid such coming or residence. bnt may net absolutely prohibit it. The limitation eln sasponston shall be reasonable and sht apply only to Chinese who may to to the Unlied States as laborers. other classes .ot being incldd in the lmitations. Legislation taken in regard to Chineso laborers wilt beeof such a character only as is necessary to otiferee the reguflation. limitation. or suspension of immigration. and immigrants shaoll not be shjet to psotal ialtroatient or abuse. The terms of this article of the treaty are clear. concise. and freo from all ambiguity. It is as plais as the English language can make it. that the only power we have tnidr this treaty is to "regulate. limit. in a reasonable Icomig or residence" of Chinese laborers. and this powver isnueconipatnied with a distinct affirmative declaration that we caic "not absolutely iprohibit it." It seems to me that this point tieeds and admuits of no argustent.