Protest of Japan against the land laws of the State of California
Note.—The following—extracts from the treaty with Japan signed on February 21, 1911; correspondence with the Japanese Embassy in regard to the treaty, exchanged on the day the treaty was signed; and the complete text of the California statute approved May 19, 1913—all referred to in the correspondence, are here given for convenience of reference.
Articles I and XIV of the Treaty of Commerce and Navigation between the United States and Japan.1
Article I.
The citizens or subjects of each of the High Contracting Parties shall have liberty to enter, travel and reside in the territories of the other to carry on trade, wholesale and retail, to own or lease and occupy houses, manufactories, warehouses and shops, to employ agents of their choice, to lease land for residential and commercial purposes, and generally to do anything incident to or necessary for trade upon the same terms as native citizens or subjects, submitting themselves to the laws and regulations there established.
They shall not be compelled, under any pretext whatever, to pay any charges or taxes other or higher than those that are or may be paid by native citizens or subjects.
The citizens or subjects of each of the High Contracting Parties shall receive, in the territories of the other, the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or may be granted to native citizens or subjects, on their submitting themselves to the conditions imposed upon the native citizens or subjects.
They shall, however, be exempt in the territories of the other from compulsory military service either on land or sea, in the regular forces, or in the national guard, or in the militia; from all contributions imposed in lieu of personal service, and from all forced loans or military exactions or contributions.
Article XIV.
Except as otherwise expressly provided in this Treaty, the High Contracting Parties agree that, in all that concerns commerce and navigation, any privilege, favor or immunity which either Contracting Party has actually granted, or may hereafter grant, to the citizens or subjects of any other State shall be extended to the citizens or subjects of the other Contracting Party gratuitously, if the concession in favor of that other State shall have been gratuitous, and on the same or equivalent conditions if the concession shall have been conditional.
Notes pertaining to the above-cited treaty, exchanged on the day it was signed.
[Page 626][719] The Japanese Ambassador to the Secretary of State.
Washington, February 21, 1911.
File No. 711.942/75.
[720] The Secretary of State to the Japanese Ambassador.
Washington, February 21, 1911.
File No. 711.942/75.
[721] The Japanese Ambassador to the Secretary of State.
Washington, February 21, 1911.
File No. 711.942/76.
[722] The Secretary of State to the Japanese Ambassador.
Washington, February 21, 1911.
File No. 711.942/76.
[723] An act relating to the rights, powers and disabilities of aliens and of certain companies, associations and corporations with respect to property in this state, providing for escheats in certain cases, prescribing the procedure therein, and repealing all acts or parts of acts inconsistent or in conflict herewith.
Statutes of California; chapter 113.
[724] The Japanese Ambassador to the Secretary of State.
Washington, May 9, 1913.
File No. 811.52/164.
[725] The Secretary of State to the Japanese Ambassador.
Washington, May 19, 1913.
File No. 811.52/164.
[726] The Japanese Ambassador to the Secretary of State.
Washington, June 4, 1913.
File No. 811.52/165.
[727] Aide-mémoire in explanation and support of Viscount Chinda’s notes of May 9 and June 4, 1913.
Washington.
File No. 811.52/181.
[728] Telegram received by the Japanese Embassy on June 30, from the Minister for Foreign Affairs.
File No. 811.52/181.
[729] The Secretary of State to the Japanese Ambassador.
Washington, July 16, 1913.
File No. 811.52/165.
[730] Aide-mémoire to the Japanese Embassy.
Washington , July 16, 1913.
File No. 811.52/181.
[731] The Japanese Minister for Foreign Affairs to the Japanese Ambassador.
File No. 811.52/190.
- For the complete text of the treaty, see For. Rel. 1911, pp. 315–319.↩