Speech #580069724

I will now make the remarks which I desire to submit upon those amendments. Mr. President. in order clearly to comprehend the questions involved in sections 5 to 13. inclusive. of the bill under consideration. which are the amendments to which I referred. it is necessary to review our treaties with China on the subject of Chinese immigration and the principal Chineseexclusion acts passed by Congress. The first treaty containing any reference to immigration between the United States and China was the Burlingame treaty. of 1868. Article V of that treaty provided thatThe United States and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance. and also the mutual advantage of the free migration and immigration of their citizens and subjects. respectively. from the one country to the other. for purposes of curiosity. of trade. or as permanent residents. Article VI of the treaty of 1868 provides thatChinese subjects visiting or residing in the United States shall enjoy the same privileges. immunities. and exemptions in rcspect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nations. Those two articles in the treaty of 1868 are the only articles that refer to the question of immigration between the two countries. But Chinese laborers came to the United States in such numbers that the people of our Pacific coast appealed to Congress to pass a law against such immigration. Congress. not desiring to violate the treaty of 1868. appropriated money to send a commission to China to negotiate a modification or substitute for Articles V and VI of the treaty of 1868. That commission negotiated the treaty of 1880. Article I of which provides thatWhenever. in the opinion of the Government of the United States. the coming of Chinese laborers to the United States or their residence therein affeacts or threatens to affect the interests of that country or to endanger the good order of said country or of any locality within the territory thereof. 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 he reasonable. and it shall apply only to Chinese who may go to the United States as laborers. other classes not being included in the limitation. Legislation faken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation. limitation. or espensien of immigration. That is the main provision of the treaty of 1880. which gives only the power to suspend or limit or regulate. Congress thereupon passed the act of 1882. suspending the coming of laborers into the United States for a period of ten years. An amendatory act was passed in 1884 containing further restrictions. In 1888 a new and more drastic treaty on the subject of Chinese immigration was negotiated between the United States and China by which we were given the right to prohibit the coming of Chinese laborers to the United States. That treaty was never ratified by the Senate. but Congress. anticipating its ratification. passed a very stringent Chineseexclusion act. sections 1. 2. 3. and 4 of which were absolutely dependent on the ratification of the treaty. and were never considered in effect because the treaty of 1888 was not ratified. Sections 5 to 14. excepting 12. were considered in effect by the Treasury Department. those sections not being dependent on the ratification of the treaty of 1888. That opinion was given by the Solicitor of the Treasury. and the Treasury Department has always acted upon the theory that those sections were in force. while the first four sections of the act of 1888 were not in force because the treaty upon which they depended was not ratified. The law of 1882 expiring by its terms in ten years. Congress passed the act of 1892. which continued all laws in force for the period of ten years and provided additional stringent rules governing Chinese immigration. An amendatory act was passed in On December 8. 1894. a new treaty was negotiated between the United States and China providing that for a period of ten years the coming of Chinese laborers to the United States is absolutely prohibited. That treaty was to remain in force for ten years and for an additional ten years if neither party denounced it. This is the treaty which has recently been denounced by China and which. unless such denunciation is withdrawn. will expire December 7 of this year. The act of 1892 and the acts which it continued in force expiring by their terms in ten years. in 1902 the last act on the subject of Chinese exclusion was passed. These are the immigration treaties and the principal acts of Congress on the subject of Chinese exclusion. The act of April 29. 1902. in brief provides: That all laws now in force prohibiting and regulating the coming of Chinese persons and persons of Chinese descent into the United States and the residence of such persons therein. including sections 5. 6.7. 8. 89. 10. 11. 13. and 14 of the act approved September 13. 1888. be. and the same are hereby. reenacted. continued. and extended so far as the same are not inconsistent with treaty obligations. until otherwise provided by law. That is the act of 1902. which contains the provisions I have just recited as part of the treaty. and which gives rise to the question whether the law is sufficient to keep out Chinese immigrants if the treaty should expire. as it will. unless the Chinese Government withdraws its denunciation. On the termination of the treaty of 1894 on December 7. 1904. will the treaty of 1880 or the treaty of 1868 recur. the treaty of 1868. in Articles V and VI. having reference to immigration and nothing else. which I have read? My opinion is that the treaty of 1880 was a complete modification of Articles V and VI of the treaty of 1868. The treaty of 1880 says that" it is a modification of existing treaties which shall not be in direct contravention of their spirit." The treaty of 1880 contains no limit as to the time when it shall remain in force.