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About The Corvallis gazette. (Corvallis, Or.) 1862-1899 | View Entire Issue (March 14, 1879)
WEEKLY Corvallis, March 14, 1879. The VetoJIessage, johx ram a frien d ix president HAYES. The Teto Based Mainly on the Argument tfeat Power to Modify a Treaty Be longs to the President, with Advice and Consent of the Senate, and not to Congress. Special Dispatches to the Oregonian. Washington, March 2. Follow ing' is the full text of the President's veto message delivered to the House of Representatives last evening: To th6 House of Representatives : After a very careful consideration of house bill 2,443, entitled "An act to restrict the immigration of Chinese to the United States," I herewith re turn it to the House of Representa tives, in which it originated, with my objections to its passage. The bill, as it was sent to the Sen ate from the House of Representa tives, was confined in its provisions to the objeet named in the title, which is that of an act to restrict the immi gration of Chinese to the United States. The only means adopted to secnre the proposed object was a lim itation on the number of Chinese pas sengers which might be brought to this" country by any one vessel to fifteen and as this number was not fixed in any proportion to the 6ize or tonnage of the vessel, or by any con sideration of the safety or accommo dation of these passengers, the simple purpose and effect ot the enactment, was to repress this immigration to any extent, falling but little short of its absolute exclusion. The bill as amended in the Senate and now presented to me, includes an independent and additional provision which aims, and m terms requires. the abrogation by this government of articles 5 and 6 of the treaty with China, commonly called the burlin game treaty, through the action the' exective, enjoined by this provi ion of the act. The Burlingame treaty, of which the ratifications were exchanged at refill JNovemoer xs, 1869. recites as the occasion and mo tive of its negotiation by tiie tw governments, that since the conclu sion of the treaty between the United States of America and the Ta Tsm Empire of China, of the 18th of June 1838, circumstances have arisen show ing the necessity of additional articles thereto, and proceeds to an agree ment as to the said additional articles, These negotiations ending by th signature of the additional article on July 28, 1868, had for their object the completion of our treaty rights and obligations toward the govern ment ot China. J3y the mcorpora tion of these new articles, as thence forth parts of the principal treaty to which they are made supplementa upon the settled rules ot interpreta tion applicable to such supplemental negotiations, the text of the principal treaty and ot these "additional arti cles thereto, constitute one treaty and form the conclusion or a nego tiation in all parts of equal and con current force and obligations between the two governments, and to all terests and purposes as if embraced in one instrument. lhe pnncipa treaty of which the ratifications wer exchanged, August 16, 1859, recites that the United States of America and the Ta Tsing empire desiring to maintain firm, lasting and sincer lnendship, have resolved to renew ra a manner clear and positive conven tion of peace, amity and Commerce the rules which shall in the future be naturally observed in the intercourse of their respective countries, and pro ceeds in its 30 articles to lay out careful and comprehensive system for the commercial relations ot our people with China. The main substance all the provisions of this treaty is to define and secure the rights or ou people in respect ot access to resi dence and protection in and trade with China. The actual provisions in our ravor in these respects are found to have been adequate and to the interests of our commerce, and by the concluding article we receive the important guaranty that should at any time the Ta Tsing empire grant to any nation or the merchants or citizens of any nation, any right, priv liege or favor connected either with navigation, commerce, political, or other intercourse, which is not con ferred by this treaty, such right, priv llego or ravor shall at once exist freely for the benefit of the United States to its public officers, merchants and citizens. Agaiust the body of stipulations in our favor, and for this permanent engagement of equality in respect of all future concessions to foreign nations, the general promise of permanent peace and good offices on our part seems to be the only equivalent for this. The first article undertakes as follows: There shall be, as there always has been, peace and inenasnip oetween the United States and the Ta Tsing empire and between their people respectively. They shall not insult or oppress each other for any trifling cause so as produce an estrangement between them, and if any other nation should act unjustly of oppressively, the United States will extend their good offices on be ing informed of the cause to bring about an amicable arrangement of the question, thus showing their friendly feeling. At the date of the negotiation of this- treaty, our Pacific possessions had attracted considerable Chinese emigration, and the advantages and the conveniences felt or feared there from, had become more or less mani-, feat, but they dictated no stipulation on the subject, to be incorporated in the treaty. The year 1868 was mark- ed by the striking event of a sponta neous embassy trom the Chinese em pire, -neaded by an American citizen Anson Burlingame, who had reli'n qnished his diplomatic representation ot his own country in China, to as siime that ot the Chinese empire to the United States and European na tions. By this time the facts of Chi nese immigration and its future influ ence, present and prospective, had become more noticeable and were more observed by the population immediately affected and by this gov ernment, lho principal feature of the Burlingame treaty was its atten tion to ana its treatment ot vJhinese immigration, and the Chinese as forming, or as they should form, a part of our population. Up to this time our iineovenanted hospitality to emigration, our tearless liberty of citizenship, our equal and comprehen sible justice to all inhabitants, wheth er they adjured their foreign nation ality or not, our civil freedom and our religious toleration had made all countries welcome ; and under these protections the Chinese in considera ble numbers had made their lodgment upon our soil. lhe isurlingame treaty undertakes to deal with this situation and its fifth and sixth arti cles embrace its most important pre visions in this regard, and the main stipulation on which the Chinese gov eminent has secured an obligatory protection of its subjects within our territory. They read as follows : Article 5. The United States of America and the emperor of China cordially recognize the inherent and inalienable rights of man to change his home and allegiance, and also the mutual advantages of the free immi gration of their citizens aud subjects respectively from the one country to the other, for purposes of curiosity, of trade, or as permanent residents. The high contracting parties there fore join in reprobating any other than an entirely voluntary immigra tion for these purposes. They con sequently agree to pass laws making it a penal offense for a citizen of the United States or Chinese subjects to take Chinese subjects to the United States or f any other foreign country, or for a Chinese subject or citizen of the United States, to take citizens of the United States to China or to any other foreign country, without their free and voluntary consent respect ively. Article 6. Citizens of the United States visiting or residing in China shall enjoy the same privileges, im munities or exemptions in respect to travel or residence as there may be enjoyed by the citizens or subjects of the most favored nations, and recip rocally Chinese subjects visiting or residing in the United States shall enjoy the same privileges and immu nities and exemptions in respect to travelers' residence as may there be enjoyed by the citizens or subjects of the most favored nation. But noth ing herein contained shall be held to confer naturalization upon citizens of the United btates in China nor upon the subjects of China in the United States. An examination of these two arti cles in the light of the experience then influential in suggesting their necessity will show that the 5th arti cle was framed in hostility to what seemed to be the mischief to be guar ded against, to wit : the introduction of Chinese laborers by methods which should have the character of a forced and servile importation and not ot a voluntary immigration of freemen seeking our shores upon motives and in a manner consonant with the sys tem ot our institutions and approved by the experience of the nation. Un questionably the adhesion of the gov ernment of China to these liberal principles of freedom in emigration with which we are so familiar, and with which we were so well sat isfied, was a great advance towards opening that empire to our civiliza tion and religion, and gave promise in the future of greater and greater practical results in the diffusion throughout that great population of our arts and industries, our manufac tures, our material improvements, and the sentiments of government and religion which seems to us so import ant to the welfare ot mankind. The first clause of this article secures this acceptance by China of the American doctrines of free emigration to and fro among the people and races of the earth. The second clause, however, in its reprobation of any other than an en tirely voluntary emigration by both the high contracting parlies, and in the reciprocal obligations where we secured the solemn and unqualified engagement on the part of the gov ernment of China to pass laws mak ing it a penal offense for citizens of the United States or Chinese subjects either to the United States or to anv other foreign country without .their free and voluntary consent, consti tutes the great force and value ot this article. Its importance, both in prm ciple and in its practical service tr wards our protection against servile mportation in the guise ot immigra tion, cannot be overestimated, it commits the Chinese government to active and efficient measures to sup Dress this iniquitous system where those measures are most necessary and can be most effectual. It gives to this government the footing of a treaty right to such measures and the means and opportunities of insisting pon their adoption and ot complaint and resentment at their neglect. The 5th article, therefore, if it falls short of what the pressure of the latter ex perience of our Pacific States may urge upon the attention of this gov ernment as essential to the welfare, seems to be in the right direction and to contain important advantages which, once relinquished, cannot be easily recovered. The second topic which interested the two governments lation nor such judicial action on the under the actual conditions of things same has been regarded as an abroga which prompted the Burlingame tion even for the moment of the trea- treaty, was adequate protection under ty. On the contrary, the treaty in the solemn and definite guarantees such case still subsists between the of the treaty, of the Chinese already governments, and the cause of in- in this country and those who should fraction is renaired by appropriate seek our shores. This was the object, satisfaction is maintenance of the and forms the subject of the sixth treaty. article by whose reciprocal engage- The bill before me does not enjoin ment the citizens and subjects of the upon the president the abrogation of two governments respectively, visit- the entire Burlingame treaty, much ing in the country of the other, are less of the principal treaty of which secured the same privileges, immini- it is made the suplement. As the lies and exemptions there enjoyed by power modifying an existing treaty, the citizens or subiedts of the most whpther bv "nddinor or strikinsr out favored nations. " provisions, is a part of the treaty The treaty of 1858 to which these makin- power, under the constitu- articles were made supplemental, pro- tion its exercise is not competent for vides for a great amount of privilege congress, nor would' the assent of and, both of person and property, to China to this partial abrogation of American citizens in China but as it the treat" make the action of con- s upon this sixth article that the main body of the treaty rights and securities of the Chinese already in this county depends, its abrogation. were tne rest or tne treaty left in force, would leave them to such treat ment as we should voluntarily ac cord them by our laws and customs. Any treaty obligation would be wanting to restrain our liberty of ac tion towards tneni, or to measure or sustain the right of the Chinese gress in thus procuring an amend ment of a treaty a competent exer cise of authority under the constitu tion. lhe importance, however of this special consideration seem superseded by the principle that renunciation ot a part ot a treaty not made bv the terms of the treaty itself separable from the rest, is renunciation of the whole treaty, the other hiarh contracting party has entered into no treaty obligation ex his election, that every dollar of this debt should be paid so fair as his agency could accomplish it, and he has ever since been ready ; but the two commissioners waved in their action, and thus, these Douglas coun ty creditors, some of whom are poor, hard working men, are virtually de frauded and denied the wages of their toil. It looks discreditable to the original university incorporators, if they were liable, to have permitted an assignment pending these debts; atlti dishonorable to Lane county to have it said that the commissioners refuse to liquidate so honorable an indebtedness. Surely our University should remain free from any such a blighting procedure, as its association with such an orgin stands not to its fame." government to complaint or redress cept such as includethat part renounc lhe lapse ot ten ed. lhe renunciation by one party in their behalf years since the negotiation of the Burlingame treaty has exhibited to the notice of the Chinese government as well as to our own people, the working of this experiment of immi of a part necessarily liberates th other party from the whole treaty. I am convinced that whatever urgency might in any quarter or by any in terest be supposed to require an in of our citizens in China, merchants or missionaries, to the consequence of so sudder. an abrogation of the treaty protection. Fortunately, how ever, the actual recessions in the flow of immigration from China to th Pacific coast, as shown by trnstwor or gration in great numbers of Chinese stant suppression of further immigra laborers to this country and their Hon from China, no reason can re maintenance here of all the traits of quire the immediate withdrawal ace, religion, manners and customs, our treaty protection of the Chinese habitation, mode of life, segregation already in this country, and no cir here, and the keeping up of the ties enmstances can tolerate an exposui ot their original horrre, which stamp them as strangers and sojourners, and not as incorporated elements ot our national life and growth, this exper lence may naturally suggest the re consideration of the subject as dealt with by the burlingame treaty, and may propsrly become the occasion of thy statistics, releaves us from any more direct and circumspect recogni tion in renewed negotiations of the difficulties surrounding this political and social problem. it may wen be that to the appre hension of the Chinese government no less than our own, the simple pro vision of the Burlingame treaty may need to be replaced by more careful methods, securing the Chinese and ourselves against a larger and more rapid infusion of this foreign race than our system ot industry and so ciety can take up and assimilate with ease and safety, lhis ancient gov ernment, ruling a polite and sensitive people, distinguished by a high sense of national pride, may properly de sire an advancement ot their relations with the United States, which would in all things confirm and in no de gree endanger tne permanent peace and amity and the growing commerce and prosperity whicb it has been the object and effect ot our existing treaties to cheerish and perpetuate. I regard the very grave discontent of the people of the Pacific States with the present working of the Ch nese immigration, and their still gra ver apprehensions therefrom in the future, is deserving the most serious attention of the people of the whole country, and a solicitous interest on the part of congress and the execn tive. If this were not my own judg ment, the passage ot this bill by both houses ot congress would impress upon me the seriousness of the situa tion, when a majority of the repre sentatives ot the people of the whole country had thought it necessary to 1 usury so serious a measure of relief. The authority of congress to termin ate a treaty with a foreign power by expressing the will of the nation no longer to adhere to it, is as free from controversy under our constitution as is the further proposition that the power of making new treaties or mod dying existing treaties is not lodged by the constitution in congress, but in the president, by and with the ad vice and consent of the senate, as shown by the concurrence of two thirds ot that body. apprehension that the treatment the subject in the pi oner course diplomatic negotiations win uitroduc any new features ot discontent disturbance among the communities directly affected. Were such delay traught with more inconvenience than has ever been suggested by th interests most earnest in promoting this legislation, I cannot but regard the summary disturbance over exist ing treaties with China as greatly more inconvenient to much wid and more permanent interests of th country. l nave no occasion to insist upon the more general consideration of th interest and duty which sacredly guard the faith of the nation in what ever form of obligation it may hav been given, lhe sentiments animate the deliberations of congress and pe vade the minds ot our whole people Our history gives little occasion for any reproach in this regard, and asking tne renewed attention ot con gress to this bill, I am persuaded that their action will maintain the public duty and the public honor. R. B. HAYES If now xo q.i;e;cii fires. An old nreman ;n a commnnica tion to the Portland (Me.) Press says One gallon of water at the bottom of a fire will do more to quench it than ten gallons at the top. Play low the true motto of the fireman. the first engine that reached Summer street fare in Boston had burst into the warehouse and plaved into the goods elevator, where the fire broke out, it would probably have saved 10,000,000. To play on the roof of a house on fare is to waste watei ; the roof was made to shed water; th rain does not put out the kitchen fire, nor would the 1'resumpscot, nowmg bodily on the roof, put out the kitch en afare. 1 lav low, get the water to the bottom of the fire, and you need not pour in the Presumpscot A few gallons at the bottom ot the fire will rise in clouds of steam wher ever the fire is rising and will quench it. Rven a hnan rf rubbish turns A renunciation of a treaty by any rain and water like anartial roof. government is confessedly nistifiab e mil nf watar thpniTTi inr.n t.hp bottom uuoumcicasuiioi tne nignest ot a frrate ouenches the fare more necessity, lhe action of congress in than a quart thrown on top. For the matter ot the b rench treaties in similar rOQarm 7ter nn the wind- 1798 strongly illustrates the charac- wnrrl ninr offpnt.ive than on ter and degree of justification which the leeward. I am speaking now of was then thought suitable to such a a moderate fire when there are onlv 1 he preamble of the act one or two houses burning. The big proceed in recites that the treaties concluded be tween the United States and Franco have been repeatedly violated on the' part ot the r rench government, and the just claims ot the United States blazes on the leeward look fearfully, but they cannot be affected by play ing on them. Throw your water into the bed of coals under the retort that s suckinsr them, and it goes out ior reparation tor the injuries so com- That is to say, play at the bottom of iciuseu, arm tneir the windward side of the tire, and attempts to negotiate an amicable L t,u ti. 0ct omi aneeriiest. wv adjustment or all complaints between to quench the whole, leewardside "V5.. . Va,UUB oeen repelled blazes included. wnn inuigniiy, and mat under au- . y thonty ot the French government Subject for Litigation. A Rose there is yet pursued against the Un- burg correspondent of the Orego ited btates a system of predatory nian, under date of Feb. 22d, says violence infracting the said treaties " Amonp- the items of current news and hostile to the rights of a free and is the rumored litisration with the independent nation. The enactment State University or against the orig as a logical consequence of these re- inal promoters of the edifice for cited facts declares that the United lime, which a company of Douglas States are of right freed and exoner- county citizens furnished for theerec- axea irom ine stipulations ot the tion of that building amounting to treaties and of the consular convNsn- over $1,000. It is claimed that while tion- heretofore concluded between this indebtedness was pending against fitntn. ., A ar.i. IT .. . - kuc uuiiieu uvaico aim r muvic, UUU Hie University tne entllU piuycii-J mat tne same suau not nencerortn be was assigned to the State or Oregon regarded as legally obligatory on the in the name of the board of directors government or citizens of the United of the universitv of the State. This States. The history of the govern- was done in fraud of the rights of ment shows no other instance ot an those creditors In defense ot the abrogation of a treaty by congress. Instances have sometimes occurred where the ordinary legislation of con gress, has, by its conflict with some treaty obligation of the government towards a foreign power taken effect as an infraction of the treaty and been judicially declared to be operative to that result, Jouts neitner sucn legis- University it is claimed that assuran ces -were freely offered that JLane county would guarantee the payment of the claim, and its present estima ble county judge who was also the fast friend of the University and now one of its principal officers: in the campaign preceding his election, pub licly pledged himself, in the event of Indianapolis schools will hereafter study the science and geometry of dress. It will be beautiful to hear these girls talking about the hypoth enuse of a Princess' train or the acute angle of a tight-fitting boot. Geom etry of d ress ! Gewhillikins ! Blue Jeans put on your right-angle tangled overcoat, and go down to Silk & Buttons', and get me a cubic section of pale blue ribbon. Git! To-morrow is the day on which idle men work and fools return. Church Directory. Catholic Church : Services on the 1st and last Sab bath ol each month. Mass commences at 10:30 a. m Rev. Van Lin, Pastor. M. E. Church South : Preaching morning and even ing. on the 1st, 3rd and 4th Sabbath of each moi th at 11 and 7:30 respectively. Sabbath School at 9:30 every Sabbath. Joseph Emery, Pastor, Evangelical Church: Services at 7 p. u. on the 1st and 3rd Sabbaths and at 11 a. m. and 7 p. m., on the 4th Sabbath of each month Sabbath School at 3:30 P. M. Prayer meeting Wednesday evening of each yvciv, .u i r. at. if. j. xtAM'.-iBK, i-astor. Presbyterian Church: There will be preaching morning and evening at 11 and 7 o'clock, respect ively. Sabbath School immediately after the morn ing service. a. p. Dunning, Pastor M. E. Church : Services the 2nd and 4th Sabbath of each moi.th, at 11 a. m. and 7 p. m. Prayer meeting, Thursday evening at 7. Services at the Grange Hall, four miles west of Corvallis the 1st and 3rd Sabbaths of each month, at 11 A. M. G. W. Bennett, Pastor Episcopal Church : The services for the month of Oct. will be as follows: Oct. 6th and 20th at 7:30 p. M. , Oct. 13th and 27th at 11 A. M., with Holy Com munion. Sunday School every Sunday, between the hours of 3 and 4 p. m. Rev. L. Stevens. CORVALLIS LOPGE No. 14, F. & A. H holds stated Communications on Wednesday on or Drecedmir each lull moon. Brethren in good standing are cordially invited to attend. By order of W. M. BARNUM LOPGE No. 7, 1. O, O. F. , meets on Tuesday even ing of each week, in their Hall, in Fisher's Brick, second story. Members of the Order are invited to attend. By order :ltf) S. G. in good standing, of l: Crystal Ialce Cemetery. 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Tim Scientific American is a large First-Class Weekly Newspaper of Sixteen Pages, printed in the most beautiful style, profusely Illustrated. ivlttt splendid engravings, representing the Newest Inventions and the most Recent Advan.es in the Arts and Sciences; including New and Interesting Facts in Agriculture, Horticulture, the Home, Health, Medical Progress, Social Science, Natural History, Geology, Astronomy. The most valuable practical papers, by eminent writers in all departments of Sci-' ence. will be found in the Scientific American; Terms, 3.20 per year, SI. 60 half year, which in cludes postage. Discount to Agents. Single copies, ten cents. Sold by all Newsdealers. Remit by postal order to MUNN & CO., Publishers, 27 Park Row, New York. DATCtJTO 1,1 connection -with the SCIEN I M I CIl I Ol TIFIC AMERICAN, Messrs. Munn & Co. are Solicitors of American and Foreign Patents, have had 34 years' experience, and now have the largest establishment in the world. Patents are obtained on the best terms. A special notice is made in the Scientific American of all Inventions patented through this Agency, with the name and res idence of the Patentee. By the immense circulation thus given, public attention is directed to the merits of the new patent, and sales or introduction often easily effected. Any person who has made a new uiscoverr on in vention, can ascertain, free of charge, whether a pat- viiu can ue vuiaineu, oy writing to tne unaersigneu. We also send free our Hand Book abbut the Patent Laws Patents, Caveats, Trade-Marks, their costs, and how procured, with hints for procuring- advances on inventions. Address for the paper, or' concernlng Patents, MUNN it CO. , 37 Park Row, New York. Branch Office, Cor. F & 7th Sts. , Washington; D. C. 16:49tf. COBVALLI8 LIVERY, FEED AND f JULY STREET, CORVALLIS, ORE COY. SOL. KING, Proprietor. OWNING BOTH BARNS I AM PREPARED TO offer superior accommodations in the Livery line. 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