A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
History
A Compilation of the Messages and Papers of the Presidents. Volume 7, part 2: Rutherford B. Hayes
Hayes, Rutherford Birchard, 1822-1893; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The bill before me does not enjoin upon the President the abrogation
of the entire Burlingame treaty, much less of the principal treaty of
which it is made the supplement. As the power of modifying an existing
treaty, whether by adding or striking out provisions, is a part of
the treaty-making power under the Constitution, its exercise is not
competent for Congress, nor would the assent of China to this partial
abrogation of the treaty make the action of Congress in thus procuring
an amendment of a treaty a competent exercise of authority under the
Constitution. The importance, however, of this special consideration
seems superseded by the principle that a denunciation of a part of a
treaty not made by the terms of the treaty itself separable from
the rest is a denunciation of the whole treaty. As the other high
contracting party has entered into no treaty obligations except such
as include the part denounced, the denunciation by one party of the
part necessarily liberates the other party from the whole treaty.
I am convinced that, whatever urgency might in any quarter or by any
interest be supposed to require an instant suppression of further
immigration from China, no reasons can require the immediate
withdrawal of our treaty protection of the Chinese already in this
country, and no circumstances can tolerate an exposure of our citizens
in China, merchants or missionaries, to the consequences of so sudden
an abrogation of their treaty protection. Fortunately, however, the
actual recession in the flow of the emigration from China to the
Pacific Coast, shown by trustworthy statistics, relieves us from any
apprehension that the treatment of the subject in the proper course of
diplomatic negotiations will introduce any new features of discontent
or disturbance among the communities directly affected. Were such
delay fraught with more inconveniences than have ever been suggested
by the interests most earnest in promoting this legislation, I can not
but regard the summary disturbance of our existing treaties with
China as greatly more inconvenient to much wider and more permanent
interests of the country.
I have no occasion to insist upon the more general considerations of
interest and duty which sacredly guard the faith of the nation, in
whatever form of obligation it may have been given. These sentiments
animate the deliberations of Congress and pervade the minds of our
whole people. Our history gives little occasion for any reproach in
this regard; and in asking the renewed attention of Congress to this
bill I am persuaded that their action will maintain the public duty
and the public honor.
R.B. HAYES.
PROCLAMATION.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
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