America Through the Spectacles of an Oriental Diplomat [16]
it was agreed that for a term of ten years the coming of Chinese laborers to the United States should be absolutely prohibited. Article III distinctly provided that "the provisions of this 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 laborers, of coming to the United States and residing therein." Thus it is clear that the prohibition affects only laborers, and not the other classes of Chinese. For a few years after the signing of this convention this was the view adopted and acted upon by the immigration officials, but afterward they changed their attitude, and the foregoing Article has since been interpreted to mean that only the above-mentioned five classes can be admitted into the United States, and that all the other classes of Chinese, however respectable and honorable, must be refused admission. Will my readers believe that a Chinese banker, physician, lawyer, broker, commercial agent, scholar or professor could all be barred out of the United States of America under the provisions of this convention? In the face of the plain language of the text it seems too absurd and unreasonable to be contemplated, and yet it is a fact.
This convention was proclaimed in December, 1894. According to its provisions, it was to remain in force only for a period of ten years, but that if six months before the end of that period neither Power should give notice of denunciation it should be extended for a similar period. Such notice was, however, given by China to the United States and accordingly the convention expired in December, 1904, and is now no longer in force. No serious attempt has since been made by the United States Government to negotiate a new treaty regarding Chinese laborers, so the customs and immigration officials continue to prohibit Chinese laborers from coming to America by virtue of the law passed by Congress. It will be seen that by the treaty of 1868, known as the "Burlingame Treaty", the United States Government formally agreed that Chinese subjects, visiting or residing in the United States, should enjoy the same privileges and immunities as were enjoyed by the citizens or subjects of the most favored nation; that being so, and as the convention of 1894 has expired, according to the legal opinion of Mr. John W. Foster, and other eminent lawyers, the continuation of the exclusion of Chinese laborers and the restrictions placed upon Chinese merchants and others seeking admission to the United States are not only without international authority but in violation of treaty stipulations.
The enforcement of the exclusion laws against Chinese in the Hawaiian and Philippine Islands is still more inexcusable. The complaint in America against the immigration of Chinese laborers was that such immigration was detrimental to white labor, but in those Islands there has been no such complaint; on the contrary the enforcement of the law against the Chinese in Hawaii has been, and is, contrary to the unanimous wish of the local Government and the people. Free intercourse and immigration between those Islands and China have been maintained for centuries. What is most objectionable and unfair is that the Chinese should be singled out for discrimination, while all other Asiatics such as Japanese, Siamese, and Malays are allowed to enter America and her colonies without restraint. It is my belief that the gross injustice that has been inflicted upon the Chinese people by the harsh working of the exclusion law is not known to the large majority of the American people, for I am sure they would not allow the continuation of such hardships to be suffered by those who are their sincere friends. China does not wish special treatment, she only asks that her people shall be treated in the same way as the citizens or subjects of other countries. Will the great American nation still refuse to consent to this?
To solve the problem of immigration in a manner that would be satisfactory to all parties
This convention was proclaimed in December, 1894. According to its provisions, it was to remain in force only for a period of ten years, but that if six months before the end of that period neither Power should give notice of denunciation it should be extended for a similar period. Such notice was, however, given by China to the United States and accordingly the convention expired in December, 1904, and is now no longer in force. No serious attempt has since been made by the United States Government to negotiate a new treaty regarding Chinese laborers, so the customs and immigration officials continue to prohibit Chinese laborers from coming to America by virtue of the law passed by Congress. It will be seen that by the treaty of 1868, known as the "Burlingame Treaty", the United States Government formally agreed that Chinese subjects, visiting or residing in the United States, should enjoy the same privileges and immunities as were enjoyed by the citizens or subjects of the most favored nation; that being so, and as the convention of 1894 has expired, according to the legal opinion of Mr. John W. Foster, and other eminent lawyers, the continuation of the exclusion of Chinese laborers and the restrictions placed upon Chinese merchants and others seeking admission to the United States are not only without international authority but in violation of treaty stipulations.
The enforcement of the exclusion laws against Chinese in the Hawaiian and Philippine Islands is still more inexcusable. The complaint in America against the immigration of Chinese laborers was that such immigration was detrimental to white labor, but in those Islands there has been no such complaint; on the contrary the enforcement of the law against the Chinese in Hawaii has been, and is, contrary to the unanimous wish of the local Government and the people. Free intercourse and immigration between those Islands and China have been maintained for centuries. What is most objectionable and unfair is that the Chinese should be singled out for discrimination, while all other Asiatics such as Japanese, Siamese, and Malays are allowed to enter America and her colonies without restraint. It is my belief that the gross injustice that has been inflicted upon the Chinese people by the harsh working of the exclusion law is not known to the large majority of the American people, for I am sure they would not allow the continuation of such hardships to be suffered by those who are their sincere friends. China does not wish special treatment, she only asks that her people shall be treated in the same way as the citizens or subjects of other countries. Will the great American nation still refuse to consent to this?
To solve the problem of immigration in a manner that would be satisfactory to all parties