ciprocal. 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
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