A Compilation of the Messages and Papers of the Presidents. Volume 8, part 2: Chester A. Arthur
History
A Compilation of the Messages and Papers of the Presidents. Volume 8, part 2: Chester A. Arthur
Arthur, Chester Alan, 1829-1886; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Under the operation of this treaty it was found that the institutions
of the United States and the character of its people and their means of
obtaining a livelihood might be seriously affected by the unrestricted
introduction of Chinese labor. Congress attempted to alleviate this
condition by legislation, but the act which it passed proved to be
in violation of our treaty obligations, and, being returned by the
President with his objections, failed to become a law.
Diplomatic relief was then sought. A new treaty was concluded with
China. Without abrogating the Burlingame treaty, it was agreed to modify
it so far that the Government of the United States might regulate,
limit, or suspend the coming of Chinese laborers to the United States
or their residence therein, but that it should not absolutely prohibit
them, and that the limitation or suspension should be reasonable and
should apply only to Chinese who might go to the United States as
laborers, other classes not being included in the limitations. This
treaty is unilateral, not reciprocal. It is a concession from China to
the United States in limitation of the rights which she was enjoying
under the Burlingame treaty. It leaves us by our own act to determine
when and how we will enforce those limitations. China may therefore
fairly have a right to expect that in enforcing them we will take good
care not to overstep the grant and take more than has been conceded
to us.
It is but a year since this new treaty, under the operation of the
Constitution, became part of the supreme law of the land, and the
present act is the first attempt to exercise the more enlarged powers
which it relinquishes to the United States.
In its first article the United States is empowered to decide whether
the coming of Chinese laborers to the United States or their residence
therein affects or threatens to affect our interests or to endanger good
order, either within the whole country or in any part of it. The act
recites that "in the opinion of the Government of the United States the
coming of Chinese laborers to this country endangers the good order of
certain localities thereof." But the act itself is much broader than
the recital. It acts upon residence as well as immigration, and its
provisions are effective throughout the United States. I think it may
fairly be accepted as an expression of the opinion of Congress that the
coming of such laborers to the United States or their residence here
affects our interests and endangers good order throughout the country.
On this point I should feel it my duty to accept the views of Congress.
The first article further confers the power upon this Government to
regulate, limit, or suspend, but not actually to prohibit, the coming
of such laborers to or their residence in the United States. The
negotiators of the treaty have recorded with unusual fullness their
understanding of the sense and meaning with which these words were used.
Public-domain text, read in full here on John Shaqi.
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