CHAPTER VIII CONFLICT BETWEEN CALIFORNIA STATE LEGISLATION AND NATIONAL TREATY OBLIGATIONS President Roosevelt strongly upholds the rights procured to the Japanese by the United States-Japanese Treaty of 1894. Antiracial sentiments become so aroused that international clashing seems imminent. THE GENTLEMEN'S AGREEMENT By 1906-7 Japanese laborers had begun to arrive in California in such numbers that laboring men on the coast became alarmed and commenced their long agitation for restriction. In May, 1907, a mob spirit had been developed in San Francisco and was shown in such demonstrations against the Japanese that Ambassador Aoki brought the agitation to the attention of President Roosevelt. In Japan the most influential business men discussed the question and decided to depart from the usual custom of diplomatic negotiation and take up the matter themselves through the Japanese chamber of commerce. In a joint note, five of the most influential chambers addressed their protests to leading chambers of commerce of the United States, with the request that they might exercise their influence to prevent other occurrences in San Francisco.1 Meanwhile, disturbances in California continued until President Roosevelt was compelled to question the various and sundry bills relating to the Japanese which were advanced in the Legislature of 1907. He telegraphed Governor Gillett that the action of the legislature would strain friendly relations with Japan, with which country he was negotiating a treaty for the exclusion of Japanese laborers. Upon this assurance, the bills in the legislature were withdrawn.2 The Federal Government was now approached in order that 1 See Kawakami, K., " American-Japanese Relations," pp. 318-9, 1912. 2 See Ibid., p. 322. the immigration laws might be amended, but, the President, not wishing to appear to discriminate against the subjects of a friendly nation, merely took steps to settle the matter through diplomatic channels. Mr. Root, as Secretary of State, initiated negotiations with Japan, with the result that the "Gentlemen's Agreement was entered into with the Japanese Government. The text of this agreement has never been published, as it is not a formal treaty or signed document. It seems merely to be composed of a diplomatic correspondence, extending over a period of time, between the Secretary of State and the representatives of Japan. Recognition is accorded this unwritten compact in the proviso attached to the Immigration Act of 1907, and is the only official announcement of the Gentlemen's Agreement." 66 "That whenever the President shall be satisfied that passports issued by any foreign government to its citizens to go to any other country than the United States or to any insular possession of the United States or to the Canal Zone are being used for the purpose of enabling the holders to come to the Continental territory of the United States to the detriment of labor conditions therein, the President may refuse to permit such citizens of the country issuing such passports to enter the Continental territory of the United States from such other country or from such insular possessions, or from the Canal Zone." 3 Owing to the power granted by this provision, on March 14, 1907, President Roosevelt issued a proclamation which excluded from continental United States "Japanese or Korean laborers to Mexico, Canada, or Hawaii and come therefrom." Department Circular No. 147, dated March 26, 1907, continued in force as Rule 21 of Immigration Regulations of July 1, 1907, outlined the procedure to be followed to give effect to this proclamation. The clause added to the first section of the act regulating immigration of aliens into the United States is the direct result of this school controversy of 1906, as the Californians did not seem to object so much to the school competition of the Japanese as they did to the economic rivalry. This clause gives the President the 3 Immigration act approved February 20, 1907, Report of Commissioner General, 1908, p. 125. power to forbid the entrance of laborers to the United States if he finds that after investigation they would be detrimental to labor conditions. On the other hand, the Japanese Government understands that the three classes of laborers who may still receive passports are known as "former residents," " parents, wives, or children of residents" and "settled agriculturists." The comment of the Commissioner regarding the "Gentlemen's Agreement was as follows: "This legislation was the result of a growing alarm, particularly on the Pacific Coast and in states adjacent to Canada and Mexico, that labor conditions must be seriously affected by a continuation of the then existing rate of increase in admission to this country of Japanese of the laboring class." 4 Japanese immigration has been thus regulated during those years, until the agitation which led up to the California Land Alien Law of 1913. INTRODUCTION OF ANTI-JAPANESE BILLS IN CALIFORNIA LEGISLATURE In January, 1909, several bills were submitted to the California Legislature for consideration, among them being (1) bills for denial to Japanese of the ownership of land; and (2) segregation of Japanese residents from American residents; (3) the segregation of Japanese school children. In the Legislature on February 4, 1909, a bill excluding Japanese from the public schools of California was passed by a strong vote, and immediately afterwards Governor Gillett received the following extract from a telegram from President Roosevelt: "What is the rumor that the California Legislature. has passed a bill excluding the Japanese from the public schools? This is the most offensive bill of all, and in my judgment is clearly unconstitutional, and we should at once have to test it in the courts. Can it be stopped in the Legislature or by veto?" See Annual Report of Commissioner General of Immigration of 1908, Chap. IV, Japanese Immigration, p. 125–6. Governor Gillett immediately sent a special message to the legislature requesting that body to reconsider its determination. He mentioned the school controversy of 1906, and the withdrawal of the suit by the Federal Government, and pointed out that legislation of this character was in "direct violation of treaties between this Government and Japan, as Japanese children have the same rights and privileges as the children of the most favored nation." 5 The Legislature of 1911 was flooded with anti-Japanese bills and, later in the session, the good offices of President Taft were used to prevent the enactment of measures on the ground of straining international relations. All the bills were killed in committee or failed to pass final hearing, but the quieting effect of presidential intervention was of short duration. During the waging of this entire controversy in California, the many arguments on both sides seemed to be of the same character as those directed against the Chinese fifty years ago, which resulted in the practical exclusion of that race from the Pacific Coast in 1904.6 TREATY OF COMMERCE AND NAVIGATION Negotiated BETWEEN THE UNITED STATES AND JAPAN IN 1911 The national government in this same year wished to maintain its policy of friendly relations with the peoples of Japan, so a treaty of commerce and navigation with protocol was entered into between that country and the United States of America, and incorporated the spirit of the informal agreement popularly known as the "Gentlemen's Agreement." Article I confers rights of domicile, trade, etc., with equality of taxes and protection of persons and property. Article II provides that all dwellings shall be respected. Article IV confers freedom of commerce and navigation. Article XIV extends favored nation privileges of commerce and navigation. This Treaty of 1911 superseding the earlier one of 1894, is the instrument under which Japanese and American nationals are protected. It is depended upon by the Japanese in all matters Independent, February 11, 1909, Vol. LXVI, pp. 281-2. See Kawakami, K., "American-Japanese Relations," 1912, pp. 239–291. relating to the disposal of real and personal property which any Japanese may acquire. The earlier treaty, in Article II, had contained a provision which permitted the exclusion of Japanese laborers, for "it is, however, understood that the stipulations . . . do not in any way affect the laws . . . with regard to the immigration of laborers which are in force or which may hereafter be enacted in either of the two countries." This clause was omitted in the Treaty of 1911 but there was a recognition of the obligation by a stipulation, incorporated in that instrument, to the effect " 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."7 The "Gentlemen's Agreement" relating to the emigration of Japanese laborers to the United States was officially sanctioned by the Japanese Government by the declaration affixed to the 7 Senate Documents, Vol. 47. 67th Cong. 2nd Sess., 1909-10 p. 1030. TREATY OF COMMERCE AND NAVIGATION WITH JAPAN, Treaty of Commerce and Navigation between the United States and Japan, at Washington, February 21, 1911; ratification advised by the Senate, with amendment, February 24, 1911; ratified by the President, March 2, 1911; ratified by Japan, March 31, 1911; ratifications exchanged at Tokyo, April 4, 1911; proclaimed, April 5, 1911. BY THE PRESident of the UNITED STATES OF AMERICA A PROCLAMATION COMMERCE AND NAVIGATION WITH JAPAN PREAMBLE Whereas a treaty of commerce and navigation between the United States of America and the Empire of Japan was concluded and signed by their respective plenipotentiaries at Washington ... PROCLAMATION - Be it known, that I, William Howard Taft, President of the United States of America, have caused the said treaty, as amended, and the said understanding 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 testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this fifth day of April in the year of our Lord one thousand nine hundred and eleven, and of the Independence of the United States of America the one hundred and thirty-fifth. (SEAL) By the President. P. C. KNOX, Secretary of State. WM. H. TAFT. |