File No. 819.55/63.
Minister Price to the
Secretary of State.
No. 397.]
American Legation,
Panama,
January 30, 1915.
Sir: I have the honor to refer again to the
matter of anti-Chinese legislative restrictions on the part of the
Panaman Government.
[Page 1263]
In the agreed settlement of the differences arising as a result of the
passage of Law 50 of 1913, the Panaman Secretary of Foreign Affairs
obligated himself expressly to use his best endeavors to obtain from
this session of the National Assembly a reduction of the registration
fee from $250 to $125 for Chinamen within the Republic without valid
cédulas and to have cancelled the notes given by them for this $125, in
addition to their cash payments of $125 in complying with the face of
said Law 50.17
It was my understanding that he also agreed to use the same endeavors to
have the provision stricken from Law 50, which requires a
re-registration every six months, though this part of the agreement was
not put in writing on account of the position taken by him that, while
the enforcement of same would not be carried out (as it has not been up
to this time), if he should make a written assurance it would appear to
evidence a formal refusal on his part to abide by a law of his
country.
The President of Panama a few days since presented a message to the
Assembly on this subject. A copy of same is enclosed (enclosure No. 1).
He asks for the cancellation of the notes mentioned above. He also
suggests the imposing of other restrictions. Following this message, Sr.
Lefevre introduced a bill amending Law 50 in accordance with suggestions
of this message. I visited Sr. Lefevre’s office for a conference and he
declared that the present Assembly was quite violently anti-Chinese;
that the provisions of his amendment would only work out for the better
enforcement of those provisions of Law 50 which met the sentiment of his
people and which were not severe on the Chinese; that he had not agreed
to have the article requiring re-registration every six months repealed
but only not to enforce same, and that it would not be enforced; that he
believed any effort to amend the law except along the lines of the
President’s message would cause the Assembly to be aroused to more
stringent regulations than already proposed. He asked me if the Chinese
Consul General had made any complaint to me, and as he had not, I so
responded. Sr. Lefevre then declared the amendments proposed were
satisfactory to the Chinese Consul General, who had conferred with him
about them. On Thursday the Assembly took the amended bill up and went
very far beyond even the added restrictions suggested by the President
and Señor Lefevre. The latter tells me that he was present during the
debate and did his best to stem the tide so adverse to the Chinese, but
without avail, and that the added restrictions passed as far as the
second debate.
In my visit to the President Friday regarding the bill authorizing the
expenditure of the portion of the $3,000,000 loan for other purposes
than railroad building, I circumspectly extended my good offices on
behalf of the Chinese; but while the President expressed regret over the
action of the National Assembly and stated it was contrary to his
wishes, he was not reassuring.
Thinking possibly the Chinese Consul General was not aware of the
situation, I telephoned him. It seemed that he was keeping informed; and
later, making a visit to President Porras, he called at the Legation
yesterday afternoon saying the President gave him assurance that if the
bill became a law in the form in which it passed
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the second debate he would see that the
article refusing passports to any Chinaman leaving the country was not
enforced. Sr. Lefevre later told me that he was attempting to keep the
amended bill off the calendar and thus prevent its going to third debate
or reading before adjournment of the Assembly; that he felt it was about
the only way to prevent the additional adverse legislation.
The Chinese Consul General stated he had cabled the Ambassador in
Washington to obtain the aid of the Department of State. An interest
expressed by Mr. Bryan through Minister Morales I believe would be most
helpful.
The amended law as passed on second debate is enclosed with its
translation. (Enclosure No. 2) and its severe restrictions are quite
apparent.
I have [etc.]
[Inclosure 1—Translation.]
The President of Panama
to the National Assembly.
message no. 52.
Honorable Deputies: I have the honor to
submit to your wise consideration a bill which modifies and adds to
Law 50 of 1913, regarding the immigration of Chinese etc.
Law 50 of 1913 answers the sentiments of the majority of the Panaman
people, which has shown itself always adverse to the admission into
the country of the above-mentioned races, and its provisions have in
practice resulted very satisfactorily, having contributed to
reducing immigration to a large extent, almost annulling it.
However, in practice several deficiencies have been noticed which
the bill I submit tends to remedy.
In the first place, there are many naturalized Chinese, or sons of
Chinese naturalized in other countries, against whom the prohibition
of ingress into the country should be extended, under Article 1. It
is, I think, the race and not the nationality which is contemplated
by the prohibition.
Articles 2 and 3 tend to restrict the issuing of passports to leave
the country, which although great vigilance may be exercised, are
always liable to frauds, taking into account the similarity of
Chinese names and physiognomy. The provision making Panama the only
port of entry may facilitate such vigilance and render contraband
impossible.
The Secretary for Foreign Affairs in his report to you in the
ordinary sessions of 1914, informed you that the Chinese, Syrians,
etc., who could not prove their legitimate residence, in the
country, have obtained cédulas for temporary residence in accordance
with Article 7 of Law 50 of 1913, each depositing in stamps of the
fourth class the sum of 125 balboas and signing a promissory note
for 125 balboas additional, cancellable on December 31, 1914. But,
considering that sum rather excessive, he requested that you obtain
its reduction and that the promissory notes be not enforced. All
this has reference to Article 5 of the bill to which I hope you
which give your approval.
[Inclosure 2—Translation.]
An Act amending Law 50 of 1918, regarding the
immigration and association of Chinese, Turks, Syrians and North
Africans of the Turkish race.
The National Assembly of Panama decrees:
Art. 1. The prohibition contained in Article I of Law 50 of 1913
includes all the individuals of the races mentioned in it, whatever
may be their nationality or that of their parents.
Art. 2. Every foreigner of the above-mentioned races who leaves the
country when this law goes into effect, shall lose the domicile
acquired in it, and hence
[Page 1265]
the right to return to the national territory; consequently the
issuance of passports to the foreigners mentioned to leave the
country Is hereby prohibited.
Art. 3. Those having passports who are actually residing abroad,
shall have a period of two years to return to the country after the
publication of the present Law in the Gaceta Oficial, at the
expiration of which they cannot return and the passports will be
declared null and without value. The period mentioned will in no
case be extended.
The Diplomatic and Consular Officers of the Chinese nation are not
included in the provisions of this law.
Art. 4. In order that the foreigners mentioned in the present law may
hereafter establish clubs in the cities of Panama and Colon, they
shall be obliged to present a bond satisfactory to the Secretary of
Government and Justice in the sum of five thousand balboas (B. 5000)
and shall pay to the General Treasury of the Republic the sum of one
thousand balboas (B. 1000) a month during the existence of the club,
and the payments shall be made monthly in advance by each
establishment.
Art. 5. The captains of ships who introduce into the national
territory foreigners of the nationalities mentioned shall pay a fine
of not less than five hundred balboas (B. 500) for each foreigner
introduced, being obliged to return them to the place where they
were embarked.
If any authorities or private individuals be found to be accomplices
or to have aided in the clandestine introduction of the
above-mentioned foreigners, such authorities shall suffer a fine of
five hundred balboas (B. 500) and the loss of their employment, and
such private individuals shall pay double the said fine. Said
penalties shall be imposed and shall be made effective by the
Governor of the respective province.
Art. 6. Popular action is granted to denounce before the authorities
of the Republic the infractors of this law. The accusers, after
proving their accusation, shall be entitled to twenty-five per cent
(25%) of the fines imposed.
Art. 7. The foreigners included in the present law who by virtue of
previous and present laws are prohibited from immigrating into the
territory of the Republic, will not be allowed to become naturalized
citizens of it.
Art. 8. This law modifies and adds to Law 50 of 1913 and the
Executive Power is authorized to issue regulations relating to
it.
Done at Panama, January —, 1915.
