Signed at Washington March 17, 1894. Ratification
advised by the Senate August 13, 1894. Ratified by the President
August 22, 1894. Ratified by the Emperor of China in due form.
Ratifications exchanged at Washington December 7, 1894. Proclaimed
December 8, 1894.
A PROCLAMATION.
Whereas a convention between the United States of America and China,
concerning the subject of emigration between those two countries,
was concluded and signed by their respective plenipotentiaries at
the city of Washington on the 17th day of March, one thousand eight
hundred and ninety-four, which convention is word for word as
follows:
Whereas, on the 17th day of November A. D. 1880, and of
Kwanghsü, the sixth year, tenth moon, fifteenth day, 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
antagonism 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 two Governments desire to cooperate in
prohibiting such emigration, and to strengthen in other ways
the bonds of friendship between the two countries;
And whereas the two Governments are desirous of adopting
reciprocal measures for the better orotection of the
citizens or subjects of each within the jurisdiction of the
other;
Now, therefore, the President of the United States has
appointed Walter Q. Gresham, Secretary of State of the
United States, as his plenipotentiary, and His Imperial
Majesty, the Emperor of China, has appointed Yang Yü,
officer of the second rank, subdirector of the court of
sacrificial worship, and envoy extraordinary and minister
plenipotentiary to the United States of America, 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 ten
years, beginning with the date of the exchange of the
ratifications 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 snail not apply to the return to the
United States of any registered Chinese laborer 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
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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 there under, 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 cases where by reason of sickness or
other cause of disability beyond his control such Chinese
laborer 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. And no such Chinese laborer
shall be permitted to enter the United States by land or sea
without producing to the proper officer of the customs the
return certificate herein required.
Article III.
The provisions of this convention shall not affect the right
at present enjoyed of Chinese subjects, being officials,
teachers, students, merchants or travellers 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 produce a certificate 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 regulations 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, 1880 (the 15th day of the tenth month of
Kwanghsü, sixth year), 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.
The Government of the United States, having by an act of the
Congress, approved May 5, 1892, as amended by an act
approved November 3, 1893, required all Chinese laborers
lawfully within the limits of the United States before the
passage of the first named act to be registered as in said
acts provided, with a view of affording them better
protection, the Chinese Government will not object to the
enforcement of such acts, and reciprocally the Government of
the United States recognizes the right of the Government of
China to enact and enforce similar laws or regulations for
the registration, free of charge, of all laborers, skilled
or unskilled (not merchants as defined by said acts of
Congress), citizens of the United States in China, whether
residing within or without the treaty ports.
And the Government of the United States agrees that within
twelve months from the date of the exchange of the
ratifications of this convention, and annually thereafter,
it will furnish to the Government of China registers or
reports showing the full name, age, occupation, and number
or place of residence of all other citizens of the United
States, including missionaries, residing both within and
without the treaty ports of China, not including, however,
diplomatic and other officers of the United States residing
or traveling in China upon official business, together with
their body and household servants.
Article VI.
This convention shall remain in force for a period of ten
years beginning with the date of the exchange of
ratifications, and, if six months before the expiration of
the said period of ten years neither Government shall have
formally given notice of its final termination to the other,
it shall remain in full force for another like period of ten
years.
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In faith whereof, we, the respective plenipotentiaries, have
signed this convention and have hereunto affixed our
seals.
Done, in duplicate, at Washington, the 17th day of March, A.
D. 1894.
Walter Q. Gresham.
[seal.]
(Chinese signature.) [seal.]
And whereas the said convention has been duly ratified on both parts,
and the ratifications of the two Governments were exchanged in the
city of Washington on the 7th day of December one thousand eight
hundred and ninety-four.
Now, therefore, be it known that I, Grover Cleveland, President of
the United States of America, have caused the said convention to be
made public to the end that the same and every article and clause
thereof may be observed and fulfilled with good faith by the United
States and the citizens thereof.
In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affixed.
