No. 257.
Mr. Bayard to Mr. Chang Yen Hoon.

Sir: I have now the honor to transmit the draught of the treaty to restrict immigration as amended and agreed to in our late personal conferences on the subject.

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.

Accept, etc.,

T. F. Bayard.

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.

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