711.945/1063
The Japanese Embassy to the Department of State
Memorandum
The Japanese Ambassador at his interview with the Honorable the Secretary of State on December 13th, 1923, took occasion to call the Secretary’s attention to certain provisions of the bill which was introduced in the House of Representatives on December 5, 1923, by Mr. Johnson of Washington, entitled “A Bill to limit the immigration of aliens into the United States, and to provide a system of selection in connection therewith, and for other purposes,” in their relations to the existing commercial treaty between Japan and the United States and to certain understandings of the two Governments. A similar measure is before the Senate also, which was introduced in that body on December 6, 1923 by Mr. Lodge of Massachusetts.
In the bill there is, among other provisions, one which excludes from admissible classes aliens not eligible to United States citizenship (Sec. 12, b, H. R. 101).
By the decision of the United States Supreme Court of November 13, 1922 in the case Takao Ozawa vs. the United States,4 noneligibility of Japanese nationals to United States citizenship is determined.
If therefore the provision above-referred to is to be permitted to remain in the measure when it becomes a law, it means an open declaration on the part of the United States, that Japanese nationals as such, no matter what their individual merits may be, are [Page 335] inadmissible into the United States, while other alien nationals are admissible on certain individual qualifications equally applicable to them all. It is not easy to understand that this would not be an arbitrary and unjust discrimination reflecting upon the character of the people of a nation, which is entitled to every respect and consideration of the civilized world. Nor does it seem to harmonize with the well-known principles of America’s foreign policy, which stands for international justice and is opposed to discriminations against American nationals.
It may be recalled that in concluding the so-called “Gentleman’s Agreement” of 1907, which involved no small sacrifices on the part of the Japanese Government, and in making the Declaration of February 21, 19115 which is appended to the Commercial Treaty of 1911,6 between Japan and the United States, the sole desire of the Japanese Government was to relieve the United States Government from the painful embarrassment of giving offence to the just national pride of a friendly nation, which is ever so earnest and has spared no effort in preserving the friendship of the United States.
In agreeing to the terms of the so-called Gentleman’s Agreement, which were arranged in deference to the suggestions and wishes of the United States Government, and in concluding the Commercial Treaty of 1911, one important object of which for Japan was, it will be remembered, to avoid such discriminatory legislation as that now under consideration, the American Government showed that it fully understood and appreciated the Japanese opposition to any form of discrimination against Japanese people as such, and virtually assured the Japanese Government that, in return for these sacrifices, made in order to preserve the self-respect of their nation, the United States Government will see to it that there shall be no discriminatory legislation on the part of the United States against Japanese people as such.
For instance in the note of February 25, 1911,7 informing the Japanese Ambassador at Washington of the ratification of the Treaty of Commerce and Navigation between the United States and Japan, the Secretary of State stated in part as follows:—
“By the Resolution of the Senate the advice and consent of the Senate to the ratification of the Treaty ‘is given with the understanding, which is to be made a part of the instrument of ratification, that the Treaty shall not be deemed to repeal or affect any of the provisions of the Act of Congress entitled “An Act to regulate the Immigration of Aliens into the United States”, approved February 20, 1907.’8
[Page 336]Inasmuch as this Act applies to the immigration of aliens into the United States from all countries and makes no discrimination in favor of any country, it is not perceived that your Government will have any objection to the understanding being recorded in the instrument of ratification.”
The meaning of the last paragraph above quoted seems to require no elucidation.
To speak frankly, the mere fact, that such a provision is introduced in the proposed measure, in apparent disregard of these most friendly and effective endeavors on the part of the Japanese Government to meet the needs and wishes of the American Government and people, is mortifying enough to the Government and people of Japan. They are however exercising the utmost forbearance at this moment, and in so doing they confidently rely upon the high sense of justice and fair-play of the American Government and people, which, if properly approached, will readily understand why no such discriminatory provision as above-referred to should be allowed to become a part of the law of the land.
It is needless to add that it is not the intention of the Japanese Government to question the sovereign right of any country to regulate immigration to its own territories. Nor is it their desire to send their nationals to the countries where they are not wanted. On the contrary the Japanese Government showed from the very beginning of this problem their perfect willingness to cooperate with the United States Government to effectively prevent by all honorable means the entrance into the United States of such Japanese nationals as are not desired by the United States, and have given ample evidences thereof, the facts of which are well-known to the United States Government. To Japan the question is not one of expediency, but of principle. To her the mere fact that a few hundreds or thousands of her nationals will or will not be admitted into the domains of other countries is immaterial, so long as no question of national susceptibilities is involved. The important question is whether Japan as a nation is or is not entitled to the proper respect and consideration of other nations. In other words the Japanese Government ask of the United States Government simply for that proper consideration ordinarily given by one nation to the self respect of another, which after all forms the basis of amicable international intercourse throughout the civilized world.
The undersigned begs to request, under instructions from His Majesty’s Minister for Foreign Affairs, that the Secretary of State will be good enough to give his early and sympathetic consideration to the matter as above presented. Further the undersigned ventures to hope that the memorandum which he had the honor of handing [Page 337] the Secretary of State on December 4, 1923,9 may be considered in connection with the present one, for while they relate to two distinct matters, in their essence both representations may be applied with equal cogency to the one as to the other.
- 260 U. S. 178.↩
- Foreign Relations, 1911, p. 319.↩
- Ibid., p. 315.↩
- Not printed.↩
- 34 Stat. 898.↩
- Foreign Relations, 1923, vol. ii, p. 460.↩