Page:International law and the discriminiations practices by Russia under the Treaty of 1832 (IA internationallaw00kuhn).pdf/19

 vetoed the bill of 1882 which he termed “a breach of our international faith/' because in violation of the Treaty of 1880. (Richardson, Messages and Papers of the Presidents, Vol. VII, p. 514, Vol. VIII, p. 112.)

Since that time successive Acts have been accompanied by such new diplomatic arrangements with China as were necessary in order to protect the faith of the United States, notably among which was the Treaty of December 8, 1894, by which China consented to the absolute exclusion of Chinese laborers.

The denunciation of a treaty is justified where one of the parties has been guilty of a substantial breach, or has so interpreted it that the rights and privileges granted under it are enjoyed by one side, while the complete performance of its obligations is rendered only by the other. (Hall, International Law, p. 352.) Even if we concede the legal contention made by Russia the treaty should nevertheless be denounced by the one year’s notice provided for in the treaty itself (Art. XII). At the time it was passed, Russia’s attitude toward native as well as alien Jews was favorable and very different from that of the past half century. The treaty was not drawn in contemplation of any of the discriminations which are now practiced under it. If the treaty does warrant the interpretations now placed upon its language by Russia (which we earnestly deny) it commits the United States to a doctrine which is expressly prohibited under its Constitution, its statutes, its fundamental institutions and its historic diplomatic policy.

Furthermore, if distinctions of race or creed are permitted to enter into the status of our citizenship in foreign countries in respect of rights and privileges, it is inevitable that distinctions will likewise arise on the side of duties and obligations. The relationship of allegiance between the citizen and state is a mutual one. Thus, for example, a treaty of amity and friendship between two nations is binding upon all citizens and no distinctions among them ought