704 



UNITED STATES. 



shals to keep the peace at elections is not unconstitu- 

 tional, and that the national Government has the right 

 to use physical force in any part of the United States 

 to compel obedience to its laws. 



9. That the supervisory power of Congress includes 

 the power to compel State officers of elections to ob- 

 serve such State laws, with regard to the election of 

 representatives, as Congress may have left unchanged. 



Justices Clifford and Field dissented in this 

 case also, the latter submitting an elaborate 

 opinion, in which he maintained that it is not 

 competent for Congress to punish a State officer 

 for the manner in which he discharged the 

 duties imposed upon him by State laws. The 

 judicial power of the Government, he argued, 

 is limited by the Constitution to " cases in law 

 and equity arising under the Constitution and 

 laws of the United States," and to certain oth- 

 er cases which the Constitution enumerates. 

 It can not be enlarged by Congress so as to 

 embrace cases not enumerated by the Consti- 

 tution. Furthermore, the Federal law to pun- 

 ish a State officer for the manner in which he 

 performs a duty imposed upon him by his State 

 asserts a power inconsistent with and destruc- 

 tive of the independence of the States in mat- 

 ters over which their authority has never been 

 surrendered. If the Federal Government can 

 punish the violation of the laws of a State, it 

 may also punish obedience to them, and gradu- 

 ate the punishment according to its own judg- 

 ment of their propriety and wisdom. It may 

 thus exercise supervision over the legislation 

 of States, subversive of all their reserved pow- 

 ers. If the Federal Government can do this, 

 the tenth amendment is a delusion, and the 

 States may at any time be degraded to the level 

 of municipal corporations, existing at the will 

 of Congress. 



The Commissioners Plenipotentiary sent to 

 China for the purpose of negotiating a treaty 

 which should restrict immigration from that 

 empire to the United States, concluded their 

 negotiations with the signature of two treaties 

 at Peking, on the 17th of November, one of 

 which was of a commercial character only. 

 The most important feature of the latter is a 

 prohibition of all participation by American 

 citizens or American vessels in the opium-traf- 

 fic. The following is the text of the treaty 

 which relates to immigration : 



Whereas, In the eighth year of Heen-fung, Anno 

 Domini 1858, a treaty of peace and friendship was con- 

 cluded between the United States of America and Chi- 

 na, to which were added, in the seventh year of Tung 

 Chih, Anno Domini 1808, certain supplementary ar- 

 ticles to the advantage of both parties, which supple- 

 mentary articles were to be perpetually observed and 

 obeyed ; and 



WJierenx, The Government of the United States, be- 

 cause of tha constantly increasing immigration of Chi 

 nese laborers to the territory of the United States : and 

 the embarrassments consequent upon such immigra- 

 tion, now desires to negotiate a modification of the ex- 

 isting treaties, which shall not be in direct contraven- 

 tion of their spirit : 



Now, therefore, the President of the United States 

 of America has appointed James B. Ancrcll, of Michi- 

 gan; John F. Swift, of California ; and'William Hen- 

 ry Trescott, of South Carolina, as his Commissioners 



Plenipotentiary, and his Imperial Majesty the Em- 

 peror of China has appointed Pao Chun, a member of 

 his Imperial Majesty's Privy Council, and Superin- 

 tendent of the Board of Civil Office, and Li Hung Tsao, 

 a member of his Imperial Majesty's Privy Council, as 

 his Commissioners Plenipotentiary ; and the said Com- 

 missioners, having conjointly examined their full pow- 

 ers, and having discussed the points of possible modi- 

 fication in existing treaties, have agreed upon the fol- 

 lowing articles in modification : 



ARTICLE I. Whenever, in the opinion of the Gov- 

 ernment of the United States, the coming of Chinese 

 laborers to the United States, or their residence therein, 

 affect, or threaten to affect, the interests of that coun- 

 try, to endanger the good order of the said country, 

 or of any locality within the territory thereof, the Gov- 

 ernment of China agrees that the Government of the 

 United States may regulate, limit, or suspend such 

 coming or residence, out 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 in- 

 cluded in the limitation. 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, and immigrants shall not 

 be subject to personal maltreatment or abuse. 



ART. II. Chinese subjects, whether proceeding to the 

 United States as teachers, students, merchalits, or 

 from curiosity, together with body and household 

 servants, and Chinese laborers who are now in the 

 United States, shall be allowed to go and come of their 

 own free-will and accord, and shall be accorded all the 

 rights, privileges, immunities, and exemptions which 

 are accorded to the citizens and subjects of the most 

 favored nation. 



ART. III. If Chinese laborers or Chinese of any other 

 class, now either permanently or temporarily residing 

 in the territory of the United States, meet with ill- 

 treatment at the hands of any other persons, the Gov- 

 ernment of the United States will exert all its power 

 to devise measures for their protection, and to secure 

 to them the same rights ; privileges, immunities, and 

 exemptions as may be enjoyed by the citizens or sub- 

 jects of the most favored nation, and to which they are 

 entitled bv treaty. 



ART. IV. The high contracting powers having agreed 

 upon the foregoing articles, whenever the Government 

 of the United States shall adopt legislative measures in 

 accordance therewith, such measures will be communi- 

 cated to the Government of China. If such measures, 

 as enacted, are found to work hardships upon the sub- 

 jects of China, the Chinese Minister at Washington 

 may bring the matter to the notice of the Secretary of 

 State of the United States, who will consider the sub- 

 ject with him ; and the Chinese Foreign Office may 

 also bring the matter to the notice of the United States 

 Minister at Peking, and consider the subject with him, 

 to the end that mutual and unqualified benefit may 

 result. 



In faith whereof, the respective plenipotentiaries 

 have signed and sealed the foregoing at Peking, in 

 English and Chinese, being three originals of each 

 text, of even tenor and date ? the ratifications of which 

 shall be exchanged at Peking, within one year from 

 the date of its execution. 



Done at Peking, this 17th day of November, in the 

 year of our Lord 1880, Kuang Tsu, sixth year, tenth 

 moon, fifteenth day. 



JAMES B. ANGELL, SEAL. 



JOHN F. SWIFT, 'SEAL.' 



WILLIAM HENRY TRESCOTT, SEAL 

 Signatures of Chinese Commissioners, SEAL. 



Both treaties await ratification by the Sen- 

 ate. 



(For matters pertaining to national and in- 

 ternational trade, see COMMERCE ; for condition 

 of military and naval forces, see ARMY and 

 NAVY, respectively; for financial movements 



