Chapter 9

In further answer to the Senate's resolution of the 12th of December last, I transmit herewith a report of the Secretary of State and its accompanying paper, in regard to the modification of the Clayton-Bulwer treaty.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 14, 1882_.

_To the Senate and House of Representatives_:

I transmit herewith a letter from the Secretary of the Interior, respecting the Louisiana private land claim of Antonio Vaca, deceased, to which, with the accompanying papers, I invite the attention of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, June 14, 1882_.

_To the Senate of the United States_:

I transmit herewith, in response to the resolution of the Senate of the 5th instant, a report from the Secretary of State, submitting copies of the full correspondence between the Department of State and Hon. William Henry Trescot, special envoy extraordinary to the Republics of Peru, Chile, and Bolivia, and Walker Elaine, Third Assistant Secretary of State.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 16, 1882_.

_To the Senate and House of Representatives:_

I submit herewith, for the consideration of Congress, a communication from the Secretary of the Interior, in which he recommends that the sum of $245,000, the amount which the Superintendent estimates will be required to complete the work of the Tenth Census, be appropriated for the purpose.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 16, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith, for the consideration of Congress, a letter from the Secretary of War, dated the 14th instant, covering plans and estimates for repairs, additions, and alterations to public buildings at the depot of the mounted recruiting service, Jefferson Barracks, Mo., and in which he recommends that the sum of $24,938.44 be appropriated for the purpose, in accordance with the estimates, during the present session of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 16, 1882_.

_To the Senate:_

I transmit herewith a report from the Secretary of State and its accompanying papers, concerning the Smoke Abatement Exhibition which was held at South Kensington, London, last winter.

CHESTER A. ARTHUR.

WASHINGTON, _June 16, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for its consideration with a view to ratification, a convention between the United States and His Majesty the King of the Belgians, touching the reciprocal surrender of fugitives from justice, signed on the 13th day of June, 1882, and intended to supersede the convention for extradition of criminals between both countries which was concluded on the 19th day of March, 1874.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 19, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication, dated the 16th instant, from the Secretary of the Interior, inclosing, with accompanying papers, a draft of a bill "to enlarge the Pawnee Indian Reservation in Indian Territory."

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 19, 1882_.

_To the House of Representatives:_

I transmit herewith a letter from the Secretary of State, referring a communication from the Mexican minister at this capital touching the arrest and imprisonment in Mexico of Thomas Shields and two other American citizens, to which the resolution of the House of Representatives of the 6th day of February last relates.

CHESTER A. ARTHUR.

WASHINGTON, _June 23, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, with a view to ratification, a convention between the United States and His Majesty the King of Spain, for securing reciprocal protection for the trade-marks and manufactured articles of their respective citizens and subjects within the dominions or territories of the other country, signed on the 19th day of June, 1882.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 26, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of War, dated the 9th instant, and its accompanying copy of the telegram from the general commanding the Military Division of the Pacific and Department of California, relative to the construction of additional quarters, barracks, storehouses, etc., within the limits of the Military Department of Arizona.

The Secretary of War recommends that for the purpose of constructing the additional buildings referred to the sum of their estimated cost, $205,000, be appropriated during the present session of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _June 28, 1882_.

_To the Senate and House of Representatives:_

I transmit herewith a communication from the Secretary of the Interior of the 22d instant, with accompanying papers, submitting the draft of a proposed clause for insertion in one of the pending appropriation bills, to provide for the payment for improvements made by certain settlers on the Jicarilla Apache Indian Reservation, in New Mexico.

The subject is presented for the consideration of Congress.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _July 3, 1882_.

_To the House of Representatives:_

In answer to the resolution of the House of Representatives of the 25th of April last, calling for information in regard to the reassembling of the Paris Monetary Conference during the current year and other matters connected therewith, I transmit herewith a report on the subject and its accompanying papers.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 20, 1882_.

_To the Senate of the United States:_

I transmit herewith a report of the Secretary of State and accompanying papers, furnished in response to the resolution of the Senate of December 21, 1881, calling for the correspondence with the Mexican Government in regard to the claims of Benjamin Weil and La Abra Silver Mining Company against Mexico.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 20, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for its consideration with a view to ratification, a convention between the United States and Mexico, providing for the reopening and retrying of the claims of Benjamin Weil and La Abra Silver Mining Company against Mexico, which was signed on the 13th instant.

A report of the Secretary of State, with its accompanying correspondence, transmitted to the Senate this day in response to the resolution of December 21, 1881, will show the antecedents of the negotiation which resulted in the accompanying convention. In view of the accumulation of testimony presented by Mexico relative to these two claims, I have deemed it proper to avail myself of the authority given to the Executive by the Constitution, and of which authority the act of Congress of June 18, 1878, is declarative, to effect a rehearing of these cases. I therefore empowered the Secretary of State to negotiate with the minister of Mexico a convention to that end.

The more important correspondence preliminary to the treaty is herewith transmitted.

It will be seen by the stipulations of the treaty that the rehearing will have no retroactive effect as to payments already distributed, that the _bona fide_ interests of third parties are amply secured, and that the Government of the United States is fully guarded against any liability resulting from the rehearing.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 26, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for consideration with a view to ratification, a supplementary convention between the United States and the French Republic, signed at Washington on the 19th instant, extending the term of duration of the commission organized under the convention of January 15, 1880, between the two countries.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 29, 1882_.

_To the Senate of the United States:_

I transmit herewith, in response to the Senate resolution of the 15th instant, a report of the Secretary of State and accompanying papers, relating to the Clayton-Bulwer treaty.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, July 29, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for consideration with a view to ratification, a treaty between the United States and the Kingdom of Korea, or Chosen, concluded on the 22d May last. For the information of the Senate the accompanying letter of the Secretary of State is also transmitted.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, August 1, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, for consideration with a view to ratification, a convention concluded on the 29th of July, 1882, between the United States and Mexico, providing for an international boundary survey to relocate the existing frontier line between the two countries west of the Rio Grande.

CHESTER A. ARTHUR.

OFFICE OF THE PRESIDENT OF THE UNITED STATES,

_Washington, August 4, 1882_.

_To the Senate of the United States:_

In reply to a resolution of the Senate passed April 25, 1882, I transmit herewith a communication, with accompanying papers, from the Secretary of the Navy, in relation to the title by which the United States holds the land now occupied as a navy-yard at Boston, Mass.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _August 5, 1882_.

_To the House of Representatives:_

I transmit herewith a report of the Secretary of State, submitted in compliance with the resolution of the House of Representatives of the 28th of June, calling for additional information respecting the case of American citizens under arrest in Ireland.

CHESTER A. ARTHUR.

EXECUTIVE MANSION, _Washington, August 7, 1882_.

_To the Senate of the United States:_

I transmit herewith to the Senate, with a view to ratification, a convention concluded this day between the United States of America and His Majesty the King of Spain, supplementary to the extradition convention concluded between said countries on the 5th day of January, 1877.

CHESTER A. ARTHUR.

VETO MESSAGES.

EXECUTIVE MANSION, _Washington, April 4, 1882_.

_To the Senate of the United States:_

After careful consideration of Senate bill No. 71, entitled "An act to execute certain treaty stipulations relating to Chinese," I herewith return it to the Senate, in which it originated, with my objections to its passage.

A nation is justified in repudiating its treaty obligations only when they are in conflict with great paramount interests. Even then all possible reasonable means for modifying or changing those obligations by mutual agreement should be exhausted before resorting to the supreme right of refusal to comply with them.

These rules have governed the United States in their past intercourse with other powers as one of the family of nations. I am persuaded that if Congress can feel that this act violates the faith of the nation as pledged to China it will concur with me in rejecting this particular mode of regulating Chinese immigration, and will endeavor to find another which shall meet the expectations of the people of the United States without coming in conflict with the rights of China.

The present treaty relations between that power and the United States spring from an antagonism which arose between our paramount domestic interests and our previous relations.

The treaty commonly known as the Burlingame treaty conferred upon Chinese subjects the right of voluntary emigration to the United States for the purposes of curiosity or trade or as permanent residents, and was in all respects reciprocal as to citizens of the United States in China. It gave to the voluntary emigrant coming to the United States the right to travel there or to reside there, with all the privileges, immunities, or exemptions enjoyed by the citizens or subjects of the most favored nation.

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.

As to the class of persons to be affected by the treaty, the Americans inserted in their draft a provision that the words "Chinese laborers" signify all immigration other than that for "teaching, trade, travel, study, and curiosity." The Chinese objected to this that it operated to include artisans in the class of laborers whose immigration might be forbidden. The Americans replied that they "could" not consent that artisans shall be excluded from the class of Chinese laborers, for it is this very competition of skilled labor in the cities where the Chinese labor immigration concentrates which has caused the embarrassment and popular discontent. In the subsequent negotiations this definition dropped out, and does not appear in the treaty. Article II of the treaty confers the rights, privileges, immunities, and exemptions which are accorded to citizens and subjects of the most favored nation upon Chinese subjects proceeding to the United States as teachers, students, merchants, or from curiosity. The American commissioners report that the Chinese Government claimed that in this article they did by exclusion provide that nobody should be entitled to claim the benefit of the general provisions of the Burlingame treaty but those who might go to the United States in those capacities or for those purposes. I accept this as the definition of the word "laborers" as used in the treaty.

As to the power of legislating respecting this class of persons, the new treaty provides that we "may not absolutely prohibit" their coming or their residence. The Chinese commissioners gave notice in the outset that they would never agree to a prohibition of voluntary emigration. Notwithstanding this the United States commissioners submitted a draft, in which it was provided that the United States might "regulate, limit, suspend, or prohibit" it. The Chinese refused to accept this. The Americans replied that they were "willing to consult the wishes of the Chinese Government in preserving the principle of free intercourse between the people of the two countries, as established by existing treaties, provided that the right of the United States Government to use its discretion in guarding against any possible evils of immigration of Chinese laborers is distinctly recognized. Therefore if such concession removes all difficulty on the part of the Chinese commissioners (but only in that case) the United States commissioners will agree to remove the word 'prohibit' from their article and to use the words 'regulate, limit, or suspend.'" The Chinese reply to this can only be inferred from the fact that in the place of an agreement, as proposed by our commissioners, that we might prohibit the coming or residence of Chinese laborers, there was inserted in the treaty an agreement that we might not do it.

The remaining words, "regulate, limit, and suspend," first appear in the American draft. When it was submitted to the Chinese, they said:

We infer that of the phrases regulate, limit, suspend, or prohibit, the first is a general expression referring to the others. * * * We are entirely ready to negotiate with your excellencies to the end that a limitation either in point of time or of numbers may be fixed upon the emigration of Chinese laborers to the United States.

At a subsequent interview they said that "by limitation in number they meant, for example, that the United States, having, as they supposed, a record of the number of immigrants in each year, as well as the total number of Chinese now there, that no more should be allowed to go in any one year in future than either the greatest number which had gone in any year in the past, or that the total number should never be allowed to exceed the number now there. As to limitation of time they meant, for example, that Chinese should be allowed to go in alternate years, or every third year, or, for example, that they should not be allowed to go for two, three, or five years."

At a subsequent conference the Americans said:

The Chinese commissioners have in their project explicitly recognized the right of the United States to use some discretion, and have proposed a limitation as to time and number. This _is_ the right to regulate, limit, or suspend.

In one of the conferences the Chinese asked the Americans whether they could give them any idea of the laws which would be passed to carry the powers into execution. The Americans answered that this could hardly be done; that the United States Government might never deem it necessary to exercise this power. It would depend upon circumstances. If Chinese immigration concentrated in cities where it threatened public order, or if it confined itself to localities where it was an injury to the interests of the American people, the Government of the United States would undoubtedly take steps to prevent such accumulations of Chinese. If, on the contrary, there was no large immigration, or if there were sections of the country where such immigration was clearly beneficial, then the legislation of the United States under this power would be adapted to such circumstances. For example, there might be a demand for Chinese labor in the South and a surplus of such labor in California, and Congress might legislate in accordance with these facts. In general the legislation would be in view of and depend upon the circumstances of the situation at the moment such legislation became necessary. The Chinese commissioners said this explanation was satisfactory; that they had not intended to ask for a draft of any special act, but for some general idea how the power would be exercised. What had just been said gave them the explanation which they wanted.

With this entire accord as to the meaning of the words they were about to employ and the object of the legislation which might be had in consequence, the parties signed the treaty, in Article I of which--

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 be reasonable, and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation, limitation, or suspension of immigration.

The first section of the act provides that--

From and after the expiration of sixty days next after the passage of this act, and until the expiration of twenty years next after the passage of this act, the coming of Chinese laborers be, and the same is hereby, suspended; and during such suspension it shall not be lawful for any Chinese laborer to come, or, having so come after the expiration of said sixty days, to remain within the United States.

The examination which I have made of the treaty and of the declarations which its negotiators have left on record of the meaning of its language leaves no doubt in my mind that neither contracting party in concluding the treaty of 1880 contemplated the passage of an act prohibiting immigration for twenty years, which is nearly a generation, or thought that such a period would be a reasonable suspension or limitation, or intended to change the provisions of the Burlingame treaty to that extent. I regard this provision of the act as a breach of our national faith, and being unable to bring myself in harmony with the views of Congress on this vital point the honor of the country constrains me to return the act with this objection to its passage.

Deeply convinced of the necessity of some legislation on this subject, and concurring fully with Congress in many of the objects which are sought to be accomplished, I avail myself of the opportunity to point out some other features of the present act which, in my opinion, can be modified to advantage.