Speech #490140078

The gentleman from Virginia was interrogated a moment ago by mycolleague as to why it is that we propose to indemnify the Chinese Government for assaultsupon Chinese subjects when we would not do so upon the demand of any other government for assaults upon other subjects. This condition of affairs grows somewhat out of the terms of the treaty negotiated between this country and China in 1880. For thirty years the people of the Pacific Coast had been protesting against Chinese immigration. The agitation finally.resulted in the appointment of a commission to go to China for the express purpose of securing a treaty that would effectually prevent the further immigration of Chinese subjects to this country. The negotiations took form in the treaty known as the treaty of November 17. 1880. the title of which is a "Treaty between the United States and China concerning immigration." The first paragraph reads: Whereas a treaty between the United States of America and China for the modification of the existing treaties between the two countries. by providing for the future regulation of Chinese immigration into the United States was concluded and signed. &c. Then it goes on to say: Whereas the Government of the United States. because of the constantlyincreasing immigration of Chinese laborers to the territory of the United States. and the embarrassment consequent upon such immigration. now desires to negotiate a modification of the existing treaties which shall not be in direct contravention of their spirit. &c. In the first section of the treaty the two governments provide that Chinese immigration to this country may be regulated. limited. or suspended. and in section 2 it is provided that " Chinese subjects. whether proceeding tothe United States as 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. immunities. and exemptions which are accorded to the citizens and subjects of the most favored nation. " This last provision of this treaty. taken in connection with our supposed duty to other nations. has been construed as the basis upon which this claim is made by China against the United States. Now. I desire to call the attention of this House to the fact that while the expressly declared purpose of this treaty was to stop Chinese immigration. and while there has been an effort on the part of Congress by appropriate legislation to prevent further immigration. the legislation in that direction has practically failed. and the invasion has continued chiefly because China has not aided in carrying out the purpose of the United States in this respect. and this treaty is now relied upon by China to secure a special indemnity which we would not accord to the subjects of any other nation. Awhile ago I asked the chairman of the Committee on Foreign Affairs what would be done concerning the bill amending the restriction act. and he informed us that the bill for that purpose. which passed the Senate and came over here with this bill. is not to be brought before the House at the present session. on the ground that negotiations are pending for another treaty. Now. I am not going to oppose the indemnification of the Chinese in this case in a proper way. and I prefer the Senate bill for that purpose. but while we are indemnifying the Chinese. I say that the Congress of the United States ought also to consider the fact that the main effect and material provision in this treaty was and is the stoppage of Chinese immigration into this country. which has not been accomplished. If we fail to act upon that important feature of this case Congress will have failed to perform its duty to the people of this country. and I protest against this course.