711.945/1123½
Memorandum by the Secretary of State of a Conversation with the Japanese Ambassador (Hanihara), May 31, 1924, 11:30 a.m.
Immigration. The Ambassador presented a note63a setting forth a Memorandum of his Government by way of protest at the passage of the Immigration Bill containing the exclusion provision. The Ambassador said he hoped the Secretary would appreciate the friendly spirit in which he presented it. He emphasized the fact that his Government fully understood the position which the Secretary had taken and were gratified at the statement made by the President in relation to the exclusion provision.
The Secretary reiterated his desire by which he had been animated throughout the conduct of his office, to promote the most cordial friendship between the two peoples and the other Governments. The Secretary said that he would continue his work in the same spirit. The Ambassador again expressed his appreciation and said this feeling was reciprocated.
[Page 402]The Secretary said that he did not care to comment upon the note but he would refer informally to two or three phases of the matter. In the first place it should be noted that the exclusion provision was not to go into effect until the thirtieth of June. It was, therefore, not in effect as a law at this time and there would be opportunity before it came into force for the Department of State to communicate with the Japanese Government formally the fact that it had been enacted and that the Japanese Government was released from further application under the Gentlemen’s Agreement. The Secretary pointed out that this was a unilateral arrangement, and not bi-lateral, and that it required no united action to deal with it. The Secretary, however, said that as a matter of courtesy there would be opportunity before the new law went into effect to give the notice as already stated. The Secretary called attention further to the fact that at the time the Treaty of 1911 was negotiated this Government had stated distinctly that it reserved all its rights with respect to the control of immigration and that this was fully understood by the Japanese Government.
The Secretary said that so far as the point of discrimination was concerned it should be borne in mind that the Bill related to aliens who were not eligible to citizenship; that the point of discrimination, which did not apply solely to the Japanese but to the orientals generally, was that they did not come within the classes of aliens who were entitled to naturalization under our laws. The point of distinction was thus made by our naturalization laws which had long been in existence. This was quite apart from any question of the ability or character of a particular race, but that Congress had not desired to facilitate the introduction of those who were not eligible to citizenship under our laws. The Secretary again referred to the fact that under our naturalization laws this distinction was of long standing.
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