Page:International law and the discriminiations practices by Russia under the Treaty of 1832 (IA internationallaw00kuhn).pdf/18

 favor of its subjects in cases where sufficient cause does not, in its judgment, exist.” Hannis Taylor has said that while no state can be compelled to open its doors to the citizens of another state, its power of refusing hospitality is subject: “To such retaliatory measures as an abuse of the excluding or expelling power may provoke.” (International Public Law, p. 231.)

If such be the trend of modern international law even in the absence of treaty, then surely the Russian treaty should be liberally and not strictly construed. Russia pursues a policy and practice of general exclusion against particular classes of United States citizens solely on account of their religious beliefs, no matter how high their character and reputation may be and irrespective of whether they are by any reasonable construction detrimental to the interests of Russia. In the light of the tendencies of modern international relations, this constitutes a clear indication that the Treaty of 1832 is not being construed by Russia according to that standard of ubberima  tides which one friendly nation owes to another in the performance of its conventions.

It is sometimes suggested that the policy of the United States in excluding the Chinese constitutes an argument in opposition to the position which we are here urging. Without wishing at this time to discuss the justice or expediency of the Chinese Exclusion Acts in their present state, it is sufficient for the purpose of the present discussion to recall that the Exclusion Acts required a modification of our treaty relations with the Chinese Empire on more than one occasion. Twice did Congress attempt to pass bills which under a fair interpretation might have been deemed inconsistent with the obligations under the treaty and twice were such bills vetoed by the President. President Hayes vetoed the bill of 1879 as in contravention of the provisions of the Burlingame Treaty, and President Arthur likewise