File No. 819.55/63.

Minister Price to the Secretary of State.

No. 397.]

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were not severe on the Chinese; that he had not agreed to have the article requiring re-registration every six months repealed but only not to enforce same, and that it would not be enforced; that he believed any effort to amend the law except along the lines of the President’s message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 [Page 1264] 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.]

Wm. Jennings Price.
[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.

Belisario Porras.
[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.

  1. Id. 1138, first two sentences.