Office of the Historian

No. 240.
Mr. Bayard to Mr. Chang Yen Soon.

[Confidential.]
Department of State,
Washington, January 12, 1887.

Sir: I have had the honor informally to discuss with you, in recent personal interviews in connection with questions growing out of mob violence upon Chinese in certain of the Northwestern Territories of [Page 361] this country, the expediency of concluding a treaty between our respective Governments for the purpose of inhibiting for a term of years the immigration of Chinese laborers to the United States, where their distinctive presence in newly-settled regions has excited race prejudice and given rise to the serious disorders, which are so much to be deplored.

I have been led to believe, by advices received at this Department from the minister of the United States in China, that such an arrangement would meet the ready approval of your Government, which has already put forth efforts to prevent further emigration of its subjects of the class indicated.

The prohibition which I now have the honor to propose applies to laborers only. Teachers, students, merchants, and travelers for curiosity or pleasure would continue fully to retain all the rights of entrance and sojourn in the United States which they at present enjoy.

It is worthy of remark that under this proposal the exempted classes of Chinese really include by designation all, or nearly all, the classes of American citizens who resort to China under the present treaties; and unrestricted territorial range within the United States will be continued to Chinese as fully as it is enjoyed by our own citizens; a liberty which is denied to Americans in China.

In pursuance of the object above indicated I have the honor to submit herewith a projet of a convention, which, if satisfactory and within the scope of your delegated powers, may at once be signed and submitted to the Senate for its approval.

Accept, sir, etc.,

T. F. BAYARD.
[Inclosure.]

Draught of Convention relating to Emigration transmitted with note to Chinese minister, of January 12, 1887.

[Confidential.]
January 12, 1887.

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 the United States, as well as their residence therein; and whereas it is thought desirable by both Governments, in order to strengthen the bonds of friendship between them, that a further and express restriction should be placed upon the coming of Chinese laborers to the United States, where their presence in newly-settled regions has excited antagonisms and given rise to much deprecated and serious disorders:

Now, therefore, the President of the United States has appointed —— —— as his plenipotentiary, and His Imperial Majesty the Emperor of China has appointed —— —— as his plenipotentiary; and the said plenipotentiaries, having exhibited their respective full powers, found to be good and in due form, have agreed that for a period of thirty years, beginning with the date of the exchange of ratification of this convention, the coming of or return to the United States of Chinese laborers shall be absolutely prohibited; and if, six months before the expiration of the said period of thirty years, neither Government should formally have given notice to the other of an intention to treat such prohibition as at an end, it shall remain in full force for another period of thirty years. But it is expressly understood that the provisions of this convention shall not affect the right at present enjoyed of Chinese subjects, being teachers, students, merchants, or travelers for curiosity or pleasure, but not laborers, to come to the United States and reside therein.