Students of the status of Chinese in the United States are not wanting who maintain that the United States Government, by the Burlingame Treaty of 1868, virtually invited the Chinese to enter the Golden Gate; that the invitation he said to have been recalled b ry of 1880; that all subsequent been in derogation of Chinese treaty rights, much of it being deliberate violation. there! and that the decisions of the Uni States Supreme Court have pro-grossed in harsh interpretation of the rights of persons of Chinese descent, until the decisions of tha body (which, however, have not always been unanimous,) constitute a grave menace to the liberty of the native-born white American citizen. This view is an extra-vacant one, with which, it is not in our province at this moment to deal. It is safe, however, to assume, in the light of history, that when the discovery of gold was made in California, and the urgent necessity for cheap labour was realized, the Chinese labourers who flocked to the country were made very welcome, and were not in any way called upon to encounter the antipathies of the people among whom they dwelt. Since that time, however, Chinese immigrants have been viewed with ever unfriendliness and dislike, the present juncture the position is one which causes grave concern. The treaties made in 1844 and 1858, respectively, did not touch upon the migration and immigration of the citizens and subjects of the two nations; but the third admitted "the inherent and nable right of man to change his home and allegiance, and also the mutual advantage of the free migration and immigration of their citizens and subjects from the or country to the other for pur po: of curiosity, of or as perm: nent residents." Another article of the same treat that "Chinese subjects in the United States shall same privileges, immunities and exempt tions in respect. to—travel or residence as may there be enjoy the citizens or subjects of the most favoured nation." The Sup mentary Treaty," twelve later, stipulates that the States Government may, cretion, regulate, limit or busy such coming or resi not absolutely prohibit it. is important to observe that thi clause has reference only inese labourers, all other el being unaffected by it. In 1894 another treat signed in which it, was agreed that for a period of ten years the coming, except under the conditions spec of Chie nese labourers to the United should be absolutely prohi This treaty, like the preceding one, didn't apply classes of people, and ed by the with their right, after the expiration of ten ars, One other tre: only remains to be noticed, the of signed at Shanghai four years ayo, the ratifications of which were changed at Washington months later. The was to the relations between the Uni States and C! Many v this connexion, contained in this tre for their object the the interests of the peoples of the two countries The question of the status of Chinese in the United States sug-two main points for consideration, the first of which, the eligibility or otherwise of persons of Chinese descent born in the United States to become citizens of that country, is obviously the more important, as it is the fundamental one, The answer to the question is that such persons may become citizens by birth but not by naturalizati The law ing on this point is persons born or naturalized in t United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." There is, v no tute or treaty li Chinese born i to institute proceedings under thenaturalization laws in order that they may become citizens of the Ni tates. This privilege, nevertheless, is accorded to persons of other nationalities, although, prior to 1870, only white persons could be natural the privilege after that year being ac= corded to aliens of African native and to persons of Afri The deci Suprem of the United States, ina col ease many years ago, was to. the effect that Chinese not born in the country have never been recognized ized to become: ion laws. also states nothing that shall held to confer naturalization upon the subjects of China in the United State: There would appear to be a practi y of view on this phase of the question; but the other point, as to whether Chinese ded or expelled at will jes, affords more erence of opinion? as is I by the lack ed in some of the decisions of Supreme Court appear, how-erally held th ese Exclusion Acts jority of the ort main-which that exercised the power to exclude to expel from this country Chinese Original from
Text read from the printed page and cleaned; old type leaves the occasional error.
