Directory_and_Chronicle_1904 — Page 233

IMMIGRATION PROHIBITION TREATY BETWEEN THE U. S. & CHINA 123:

IMMIGRATION PROHIBITION TREATY BETWEEN THE UNITED STATES OF AMERICA AND CHINA, 1894

RATIFICATIONS EXCHANGED At Washington, 7TH DECEMBEer, 1894

Whereas, on the 17th of November, a. D. 1880, and of Kwanhsui, the sixth year, the tenth month, and the 15th day, a treaty was concluded between the United States and China for the purpose of regulating, limiting, or suspending the coming of Chinese labourers to and their residence in the United States, and, whereas, the Government of China, in view of the antagonism and much depreciated and serious disorders to which the presence of Chinese labourers has given rise in certain parts of the United States, desires to prohibit the emigration of such labourers from China to the United States; and, whereas, the two Governments desire to co-operate in prohibiting such emigration and to strengthen in many other ways the bonds of relationship between the two countries; and, whereas, the two Governments are desirous of adopting reciprocal measures for the better protection of the citizens or subjects of each within the jurisdiction of the other; now, therefore, the President of the United States has appointed Walter Q. Gresham, Secretary of State, as his Plenipotentiary, and his Imperial Majesty, the Emperor of China, has appointed Yang Yui, Officer of the Second Rank, Sub-director of the Court of Sacrificial Worship and Envoy Extraordinary and Minister Plenipotentiary, and the said. Plenipotentiaries having exhibited their respective full powers, found to be in due form and good faith, have agreed upon the following articles :---

Art. I.-The high contracting parties agree that for a period of ten years, beginning with the date of the ratifications of this convention, the coming, except under the conditions hereinafter specified, of Chinese labourers to the United States shall be absolutely prohibited.

Art. II.-The preceding article shall not apply to the return to the United States of any registered Chinese labourer who has a lawful wife, child, or parent in the United States or property therein of the value of $1,000, or debts of like amount due to him and pending settlement. Nevertheless, every such Chinese labourer shall, before leaving the United States, deposit, as a condition of his return, with the collector of customs of the district from which he departs, a full description in writing of his family or property or debts as aforesaid, and shall be furnished by the said collector with such certificate of his right to return under this treaty as the laws of the United States may now or hereafter prescribe, and not inconsistent with the provisions of the treaty; and, should the written description aforesaid be proved to be false, the rights of return thereunder, or of continued residence after return, sball in each case be forfeited. And such right of return to the United States shall be exercised within one year from the date of leaving the United States; but such right of return to the United States may be extended for an additional period, not to exceed one year, in cases where, by reason of sickness or other cause of disability beyond his control, such Chinese labourer shall be rendered unable sooner to return, which facts shall be fully reported to the Chinese Consul at the port of departure, and by him certified to the satisfaction of the collector of the port at which such Chinese subject shall land in the United States. And no such Chinese labourer shall be permitted to enter the United States by land or ɛea without producing to the proper officer of the Customs the return certificate herein required.

Art. III.-The provisions of the convention shall not affect the right at present enjoyed of Chinese subjects, being officials, teachers, students, merchants, or travellers for curiosity or pleasure, but not labourers, of coming to the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States they may produce a certificate either from their Government or from the Government of the country where they last resided, viséd by the diplomatic or consular representative of the United States in the country or