CONGRESS, UNITED STATES. 



169 



beneficial, then the legislation of the United States, 

 under this power, would be adapted to such circum- 

 stances. For example, there might be a demand for 

 Chinese labor in tne South and a surplus of such 

 labor in California, and Congress might legislate in 

 accordance with these facts. In general, the legisla- 

 tion would be in view of and depend upon the cir- 

 cumstances of the situation at the moment such legis- 

 lation 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 exer- 

 cised. What had just been said gave them the ex- 

 planation 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 Govern- 

 ment of the United States may regulate, limit, or sus- 

 pend such coming or residence, but may not absolute- 

 ly 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 char- 

 acter 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, sus- 



Knded, and during such suspension it shall not be 

 svful 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 pas- 

 sage 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. 1 regard this pro- 

 vision 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 legisla- 

 tion on this subject, and concurring fully with Con- 

 gress 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. 



The classes of Chinese who still enjoy the protec- 

 tion of the Burlingame treaty are entitled to the privi- 

 leges, immunities, and exemptions accorded to citi- 

 zens and subjects of the most favored nation. We 

 have treaties with many powers which permit their 

 citizens and subjects to reside within the United States 

 and carry on business under the same laws and regu- 

 lations which are enforced against citizens of the 

 United States. I think it may be doubted whether 

 provisions requiring personal registration and the 

 taking out of passports which are not imposed upon 

 natives can be required of Chinese. Without ex- 

 pressing an opinion on that point, I may invite the 

 attention of Congress to the fact that the system of 

 personal registration and passports is undemocratic 

 and hostile to the spirit of our institutions. I doubt 

 the wisdom of putting an entering- wedge of this kind 

 into our laws. A nation like the United States, jeal- 

 ous of the liberties of its citizens, may well hesitate 

 Deforest incorporates into its polity a system which is 

 last disappearing in Europe before the progress of 

 li beral institutions. A wide experience has shown how 

 futile such precautions are, and how easily passports 



may be borrowed, exchanged, or even forged by per- 

 sons interested to do so. 



If it is nevertheless thought that a passport is the 

 most convenient way for identifying the Chinese enti- 

 tled to the protection of the Burlingame treaty, it may 

 still be doubted whether they ought to be required to 

 register. It is certainly our duty under the Burlin- 

 game treaty to make their stay in the United States, in 

 the operation of general laws upon them, as nearly 

 like that of our own citizens as we can consistently 

 with our right to shut put the laborers. No good 

 purpose is served in requiring them to register. 



My attention has been called by the Chinese min- 

 ister to the fact that the bill as it stands makes no 

 provision for the transit across the United States of 

 Chinese subjects now residing in foreign countries. I 

 think that this point may well claim the attention of 

 Congress in legislating on this subject. 



I have said that good faith requires us to suspend 

 the immigration of Chinese laborers for a less period 

 than twenty years ; I now add that good policy points 

 in the same direction. 



Our intercourse with China is of recent date. Our 

 first treaty with that power is not yet forty years old. 

 It is only since we acquired California and established 

 a great seat of commerce on the Pacific that we may 

 be said to have broken down the barriers which fenced 

 in that ancient monarchy. The Burlingame treaty 

 naturally followed. Under the spirit which inspired 

 it many thousand Chinese laborers came to the United 

 States. No one can say that the country has not prof- 

 ited by their work, They were largely instrumental 

 in constructing the railways which connect the At- 

 lantic with the Pacific. The States of the Pacific 

 slope are full of evidences of their industry. Enter- 

 prises profitable alike to the capitalist and to the la- 

 borer of Caucasian origin would have lain dormant 

 but for them. A time has now come when it is sup- 

 posed that they are not needed, and when it is thought 

 by Congress and by those most acquainted with the 

 subject that it is best to try to get along without them. 

 There may, however, be other sections of the coun- 

 try where this species of labor may be advantageously 

 employed without interfering with the laborers of our 

 own race. In making the proposed experiment, it 

 may be the part of wisdom as well as of good faith to 

 fix the length of the experimental period with refer- 

 ence to this fact. 



Experience has shown that the trade of the East is 

 the key to national wealth and influence. The open- 

 ing of China to the commerce of the whole world 

 has benefited no section of it more than the States of 

 pur own Pacific slope. The State of California, and 

 its great maritime port especially, have reaped enor- 

 mous advantages from this source. Blessed with an 

 exceptional climate, enjoying an unrivaled harbor, 

 with the riches of a great agricultural and mining 

 State in its rear, and the wealth of the whole Union 

 pouring into it over its lines of railway, San Francisco 

 has before it an incalculable future if our friendly and 

 amicable relations with Asia remain undisturbed. It 

 needs no argument to show that the policy which we 

 now propose to adopt must have a direct tendency to 

 repel Oriental nations from us, and to drive their trade 

 and commerce into more friendly lands. It may be 

 that the great and paramount interest of protecting 

 our labor from Asiatic competition may justify us in a 

 permanent adoption of this policy. But it is wiser, 

 in the first place, to make a shorter experiment, with 

 a view hereafter of maintaining permanently only 

 such features as time and experience may com- 

 mend. 



I transmit herewith copies of the papers relating to 

 the recent treaty with China which accompanied the 

 confidential message of President Hayes to the Senate 

 of the 10th of January, 1881, and also a copy of a 

 memorandum respecting the act herewith returned, 

 which was handed to the Secretary of State by the 

 Chinese minister in Washington. 



CHESTER A. ARTHUR. 



EXECUTIVE MANSION, WASHINGTON, April 4, 1882. 



