CO129-214 - Public Offices & Others - 1883 — Page 421

417

much they may seem to conflict with the stipulations

mutual advantage of the free migration

treaty has been violated by our

of

their

citigeno

and

to the other

for

the

the treaty. Whether a

Sovernment in its legislative departments, so as to be the

complaint by the foreign Government

proper occasion of complaint by the

so not a judicial question. To the Courts it is simply

the case

of conflicting laws, the last modififing or

superseding the formir.

The

The Restriction

question

then is, what is the true construction

of the Restriction Act ? whom does it embrace? Some

the

assistance in arriving at a correct conclusion will be

had by reference to the treaties with China and

[ ircumstances leading to the passage of the Act. In the

Rifth article of the treaty of July 1868 commonly known to the Burlingame Treaty, the contracting parties declare

that they recognize the inherent and inalienable right of

his home and allegiance; and also the

77an

to

change

and

emigration

subjects respectively from one country

purposes of curiosity of

trade or do

permanent residents" In its sixth article they declare

that "citizens of the United States visiting or residing in

China shall

enjoil

the same

privileges immunities or

exemptions in respect to travel or residence as may there

be exported by the citizens or subjects of the most favoured

nation and reciprocally Chinese subjects visiting

residing

in the

United fixtes

shall

exfant

the same

same)

privileges immunities and exemptions in respect to travel

of residence as may be enjoyed by the citizens or subpicts

of the most favoured nation. Before these articles were

adopted a great number of Chinese had

emigrated

this State and after their adoption the immigration

Cargely increased.

to

was

Degrading

mutual