For your clear understanding I have caused to he surrounded by lines in
red and numbered the amendments agreed to at our conference on
yesterday. Whenever you shall have prepared the text of the treaty in
the Chinese language I shall be prepared to sign the treaty and will ask
you to send me a translated copy of the power received by you from your
Government on its behalf to execute the treaty.
[Inclosure.]
Draught of Chinese treaty.
Whereas, on the 17th day of November, A. D. 1880, a Treaty was
concluded between the United States and China for the purpose of
regulating, limiting, or suspending the coming of Chinese laborers
to, and their residence in, the United States;
And whereas the Government of China, in view of the antagonisms and
much deprecated and serious disorders to which the presence of
Chinese laborers has given rise in certain parts of the United
States, desires to prohibit the emigration of such laborers from
China to the United States;
And whereas the Government of the United States and the Government of
China desires to co-operate in prohibiting such emigration, and to
strengthen in other ways the bonds of friendship between the two
countries;
Now, therefore, the President of the United States has appointed
Thomas F. Bayard, Secretary of State of the United States, as his
Plenipotentiary; and His Imperial Majesty, the Emperor of China, has
appointed Chang Yen Hoon, Minister of the Third Rank of the Imperial
Court, Civil President of the Board of Imperial Cavalry, and Envoy
Extraordinary and Minister Plenipotentiary, as his Plenipotentiary;
and the said Plenipotentiaries, having exhibited their respective
Full Powers found to be in due and good form, have agreed upon the
following articles:
Article I.
The High Contracting parties agree that for a period of twenty years,
beginning with the date of the exchange of the ratification of this
Convention, the coming, except Under the conditions hereinafter
specified, of Chinese laborers to the United States, shall be
absolutely prohibited.
Article II.
The preceding article shall not apply to the return to the United
States of any Chinese laborer* [subject] who has a lawful wife, child, or parent in
the United States, or property therein of the value of one thousand
dollars, or debts of like amount, due him and pending settlement.
Nevertheless, every such Chinese laborer 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 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 this Treaty; and should the
written description aforesaid be proved to be false, the right of
return thereunder, or of continued residence after return, shall 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
[Page 394]
cases where by reason of
sickness or other cause of disability beyond his control, such
Chinese laborer*
[subject] 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.
Article III.
The provisions of this Convention shall not affect the right at
present enjoyed of Chinese subjects, being officials, teachers,
students, merchants, or travelers for curiosity or pleasure, but not
laborers, 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* [shall, in accordance with section 6 of the law of
July 5, 1884, of the Congress of the United States] produce a
certificate [as required in said section*] from
their Government or the Government where they last resided, viséd by
the diplomatic or consular representative of the United States in
the country or port whence they depart.
It is also agreed that Chinese laborers shall continue to enjoy, the
privilege of transit across the territory of the United States in
the course of their journey to or from other countries, subject to
such regulation by the Government of the United States as may be
necessary to prevent said privilege of transit from being
abused.
Article IV.
In pursuance of Article III of the Immigration Treaty between the
United States and China, signed at Peking on the 17th day of
November, 1860, it is hereby understood and agreed that Chinese
laborers, or Chinese of any other class, either permanently or
temporarily residing in the United States, shall have for the
protection of their persons and property all rights that are given
by the laws of the United States to citizens of the most favored
nation, excepting the right to become naturalized citizens. And the
Government of the United States reaffirms its obligation, as stated
in said Article III, to exert all its power to secure protection to
the persons and property of all Chinese subjects in the United
States.
Article V.
Whereas Chinese subjects, being in remote and unsettled regions of
the United States, have been the victims of injuries in their
persons and property at the hands of wicked and lawless men, which
unexpected events the Chinese Government regrets, and for which it
has claimed an indemnity the legal obligation of which the
Government of the United States denies; and, whereas, the Government
of the United States, humanely considering these injuries and
bearing in mind the firm and ancient friendship between the United
States and China, which the High Contracting parties wish to cement,
is desirous of alleviating the exceptional and deplorable sufferings
and losses to which the aforesaid Chinese have been subjected;
therefore, the United States, without reference to the question of
liability therefor (which as a legal obligation it denies), agrees
to pay on or before the 1st day of March, 1889, the sum of
$276,619.75, two hundred and seventy-six thousand
six hundred and nineteen dollars and seventy-five
cents,* to the Chinese Minister at
this capital, who shall accept the same, on behalf of his
Government, as full indemnity for all losses and injuries sustained
by Chinese subjects as aforesaid, and shall distribute the said
money among the said sufferers and their relatives.
Article VI.
This Convention shall remain in force for a period of twenty years,
beginning with the date of the exchange of ratifications; and if,
six months before the expiration of the said period of twenty years,
neither Government shall formally have given notice of its
termination to the other, it shall remain in full force for another,
like period of twenty years.
