Page:The Presidents of the United States, 1789-1914, v. III.djvu/178

144 LIVES OF THE PRESIDENTS jects should enjoy the same advantages in the United States. The bill further limited the number of Chinese passengers that might be brought to this country by any one vessel to fifteen. President Hayes, on March 1, 1879, returned the bill to con gress with his veto. While recognizing some of the difficulties created by the immigration of the Chinese as worthy of consideration, he objected to the bill mainly on the ground that it was incon sistent with existing treaty relations between the United States and China; that a treaty could be abrogated or modified by the treaty-making power, and not, under the constitution, by act of congress ; and that "the abrogation of a treaty by one of the contracting parties is justifiable only upon reasons both of the highest justice and of the highest neces sity"; and "to do this without notice, without fixing a day in advance when the act shall take effect, without affording an opportunity to China to be heard, and without the happening of any grave unforeseen emergency, would be regarded by the enlightened judgment of mankind as the denial of the obligation of the national faith." The 45th congress adjourned on March 4, 1879, without making the usual and necessary appropria tions for the expenses of the government. The house, controlled by a Democratic majority, at tached to the army appropriation bill a legislative provision substantially repealing a law passed in