governing immigration to the United States; of entering into such international agreements as may be proper to prevent the immigration of aliens who, under the laws of the United States, are or may be excluded from entering the United States, and of regulating any matters pertaining to such immigration.

The conferees also added a new section (sec. 42) to the bill amending section 1 of the passenger act of 1882 relative to air space allotted to steerage passengers, and amended section 1 of the immigration bill under consideration by inserting the following provision:

That whenever the President shall be satisfied that passports issued by any foreign government to its citizens to go to any country other 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.

Later this provision of law was utilized for the purpose of excluding Japanese and Korean laborers from the United States. This bill was approved February 20, 1907, and is the present law upon the subject.c

LEGISLATION FOR THE SUPPRESSION OF THE WHITE-SLAVE TRAFFIC.

By the act of March 26, 1910, sections 2 and 3 of the immigration law of February 20, 1907, were amended to more effectively prevent the importation of women and girls for immoral purposes and their control by importers and others after admission to the United States. These amendments followed recommendations of the Immigration Commission contained in a report of the Commission on the importation and harboring of women for immoral purposes.

By the act of March 26 the following were added to the classes. excluded by section 2 of the immigration act: "Persons who are supported by or receive in full or in part the proceeds of prostitution." Under the terms of the act of 1907 "women or girls coming into the United States for the purpose of prostitution or for any other immoral purpose," and also "persons who procure or attempt to bring in prostitutes or women or girls for the purpose of prostitution or for any other immoral purpose," were specifically excluded from the United States. Under that law, however, there was no specific provision for the exclusion of that particularly reprehensible class of persons referred to in the act of March 26, 1910. By the amendment of section 3 of the law of 1907 additional means were provided for the punishment and deportation of aliens who in any way profited or derived benefit from the proceeds of prostitution.

The agitation of the white-slave traffic in Congress also resulted in the enactment of a law prohibiting the transportation of persons from one State to another for purposes of prostitution.

"See Steerage Legislation. 1819-1908. Reports of the Immigration Commission, vol. 39. (S. Doc. No. 661, 61st Cong., 3d sess.)

634 Stat., pt. 1, p. 898.

See pp. 731-744.

d See Importation and Harboring of Women for Immoral Purposes. Reports of the Immigration Commission, vol. 37. (S. Doc. No. 196, 61st Cong., 2d sess.) Public act No. 277, 61st Cong., 2d sess., approved June 25, 1910. See pp. 744-747 of this volume.

CHINESE LEGISLATION.

In the early fifties, when the Chinese first came to California in any considerable numbers, it is said that the people of San Francisco regarded "with admiration and pride" these "picturesque and fartraveling immigrants." The movement developed rapidly and supplied cheap labor for the construction of railways. It appears that there was little objection to their coming at that time, but later when they entered the mines and became successful competitors of white men and women in other lines of work, an opposition to their immigration arose which has since continued. This opposition was soon expressed in state laws for the suppression of such immigration. In 1853 a law taxing all foreign miners was enacted in California, but in practice such tax was collected only from the Chinese. In 1855 California imposed a tax of $55 upon every Chinese immigrant, and in 1858 a law was passed prohibiting all Chinese or Mongolians from entering the State, unless driven on shore by weather or some accident, in which case it was provided they should be immediately sent out of the country. In 1862 another act was passed providing for a head tax of $2.50 upon all arriving Mongolians 18 years of age or over, unless they were engaged in the production and manufacture of sugar, rice, coffee, or tea. These different state laws were declared unconstitutional by the supreme court of California. In the same manner the cities of the Pacific coast passed ordinances directly or indirectly affecting the Chinese. Notwithstanding adverse decisions of the state courts California persisted in attempts to repress Chinese immigation, but finally all such attempts were rendered futile by the decision of the United States Supreme Court that the regulation of immigration was a subject for national rather than state legislation." Even before this decision, however, California appealed to Congress for national legislation to stop Chinese immigration.

The first consideration given to Chinese immigration in Congress resulted in the law of 1862 prohibiting the coolie trade, which has been referred to as the first attempt of Congress to regulate immigration. All debates in Congress and reports on the subject, however, show that the question of the importation of Chinese coolies into the United States was not considered, the only purpose of the act being to prevent American vessels from carrying on this coolie or slave trade, especially between China and the West Indies, although to some extent it was also carried on with South American ports.

THE BURLINGAME TREATY.

Although political relations of the United States with China date back to the year 1844, the first treaty in which emigration from one country to the other was considered was the Burlingame treaty, proclaimed July 28, 1868. Sections 5 and 6 of that treaty state the position of the United States respecting the rights of Chinese in this country. The inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migra

tion and emigration of their citizens and subjects, respectively, from the one country to the other, for the purpose of curiosity, or trade, or as permanent residents, were recognized, but "any other than an entirely voluntary emigration " was reprobated. By the Burlingame treaty the United States declared that

Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities, and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nations. The right of naturalization was, however, denied them.

The attitude of the United States as expressed in this treaty was not popular in the Pacific States, and these States continued their efforts to secure legislation restricting the further immigration of the Chinese.

In 1872 the legislature of California had instructed their Representatives in Congress to urge the making of a new treaty with China providing for the exclusion of certain Chinese subjects, and the continued agitation finally resulted in the enactment of the law of March 3, 1875. Besides prohibiting the importation of women, especially Chinese women, for the purpose of prostitution, and the immigration of convicts, the principal provision of the act of 1875 was that the transporting into the United States of any subject of China, Japan, or any oriental country, without their free and voluntary consent, for the purpose of holding them to a term of service, was to be punished by imprisonment for not more than one year and by a fine not exceeding $2,000. It further provided that any person attempting to contract in this manner to supply coolie labor to another should be guilty of a felony, and should be imprisoned for not more than one year and pay fine of not more than $5,000.

CONGRESSIONAL INQUIRY OF 1876-77.

On February 27, 1877, the report of the joint special committee sent to California to study the question was submitted to Congress. The committee as appointed consisted of Messrs. Morton, of Indiana, Meade, of New York, Wilson, of Massachusetts, Cooper, of New York, and Sargent and Piper, of California. Because of sickness and resignations the final report was made by Mr. Cooper, Mr. Sargent, and Mr. Piper. This report was a violent denunciation of the Chinese as a class on the part of the Pacific coast, and finally led to the passage of the Chinese-exclusion law. Congress took no immediate action on this report, but from that time on protests and bills. looking to the exclusion of Chinese were constantly being introduced and considered in Congress.

In 1879 a bill was introduced in Congress limiting to 15 the number of Chinese who could come into the United States upon any one vessel. It was argued against this bill that it would abrogate the provisions of the Burlingame treaty. After being amended by adding a provision for the abrogation of articles 5 and 6 of that treaty, which gave to the Chinaman all privileges enjoyed by "citizens or subjects of the most-favored nations," the bill passed the House January 28, 1879, by a vote of 155 to 72, and on February 15 it

a S. Rept. No. 689, 44th Cong., 2d sess.

passed the Senate by a small majority. On March 1, 1879, President Hayes returned it with his veto, declaring that history gave no other instance where a treaty had been abrogated by Congress and that it was not competent to modify a treaty by cutting out certain sections, and even if it were constitutional, seeing that China would probably assent willingly to such a modification, he thought it better policy to wait for the proper course of diplomatic negotiations.

THE CHINESE TREATY OF 1880.

Congress failed to pass the bill over the veto, and negotiations were almost immediately entered into for a change in the treaty. On November 17, 1880, a treaty somewhat as desired by the Pacific coast was concluded," the article relating to the limitation and suspension of Chinese immigration into the United States being as follows:

Whenever in the opinion of the Government of the United States the coming of Chinese laborers to the United States, or their residence therein, affects or threatens to affect the interests of that country, or to endanger the good order of the said country, or of any locality within the territory thereof, the Government of China agrees that the Government of the United States may regulate, limit, or suspend such coming or residence, but may not absolutely prohibit it. The limitation or suspension shall be reasonable, and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation, limitation, or suspension of immigration, and immigrants shall not be subject to personal maltreatment or abuse.

THE CHINESE-EXCLUSION LAW OF 1882.

After the treaty of 1880 was concluded a bill to execute certain stipulations contained therein was passed by the Senate and House. As this bill went to the President for approval it provided that within ninety days after its passage, and until twenty years thereafter, the coming of Chinese laborers should be suspended. Exception was made to Chinese laborers who were in the United States on November 17, 1880, and those who should come before the act went into effect. Also a complete system of registration, certification and identification was provided. Skilled Chinese laborers were specifically among those excluded, and all state or United States courts were denied the right to admit Chinese to citizenship. On April 4, 1882, President Arthur returned the bill with his veto, his principal reason for refusing to sign it being that the passage of an act prohibiting immigration for twenty years was an unreasonable suspension of immigration and consequently a breach of the treaty. The features relating to registration he also claimed served no good purpose. Subsequently a modified bill was passed by Congress, and, although containing some of the provisions objectionable to the President, he approved it on May 6, 1882. This law provided that all immigration of Chinese laborers, skilled or unskilled, should be suspended for a period of ten years.

@ H. Ex. Doc. No. 102, 45th Cong., 3d sess.

22 Stat., p. 826. See pp. 783 and 784 of this volume.

e S. 71, 47th Cong., 1st sess.

d Ex. Doc. No. 148, 47th Cong., 1st sess.

e 22 Stat., p. 58. See pp. 785-788 of this volume.

THE CHINESE-EXCLUSION LAW OF 1884.

In the next Congress there were several bills introduced amending this act of 1882. One of these, that of Mr. Henley," of California, was reported favorably by the Committee on Foreign Affairs.

The law had been intended, by its originators, to exclude Chinese laborers, but it had failed to do this and required revision to conform to the intent of its framers. To substantiate this view, the committee cited the case decided by Justices Lowell and Nelson, of the United States circuit court in Massachusetts, where a Chinese laborer, born on the island of Hongkong after its cession to Great Britain, was held not to be within the provisions of the act. To avoid a similar situation the act was extended to all Chinese, subjects of whatever country. To prevent evasions of the law through the "possible interpretations of words 'merchants' and 'travelers,' together with the notorious capabilities of the lower classes of Chinese for perjury," the certificates of the exempt classes were made more elaborate, and the word "merchant" was defined to exclude hucksters, peddlers, and fishermen. The certificates were made the only evidence admissible to establish a right to reenter. These certificates also had to be verified by the United States diplomatic officer at the port of departure.

All attempts to make the bill less severe were futile, and it passed the House by a vote of 184 to 12; not voting, 125. The Senate passed it by a vote of 43 to 12; not voting, 21. It was approved July 5, 1884.

THE CHINESE TREATY OF 1888.

In 1886 China of her own accord proposed to prohibit the emigration of her laborers to the United States, and also to prohibit the return of any laborers who had gone back to China. She asked that negotiations be entered into for a treaty embodying such provisions. Such a treaty was agreed to and signed by the representatives of the two countries on March 12, 1888.

The treaty as signed provided that Chinese laborers should be excluded for twenty years. No Chinese laborer returning to China was to be allowed to reenter the United States unless he left a wife. child, or parent, or property to the value of $1,000. To avail himself of this right he had to return within a year. Chinese subjects other than laborers had to obtain certificates of identification from consular representatives of the United States at ports of departure. As in the earlier treaty, the Chinaman lawfully residing here was granted all the privileges of citizens of the most-favored nations. Finally the indemnity fund of $276,619.75 which was asked for losses and injuries suffered by the Chinese in various anti-Chinese riots in the Pacific coast States was included. Before ratifying it the Senate changed two articles of the treaty. By the first, all Chinese laborers not then in the United States, but who held return certificates under existing laws, were not to be allowed to enter. The other required the possession of the certificate of identification to insure entry.

THE CHINESE-EXCLUSION LAW OF 1888.

Expecting an immediate ratification of the treaty by China, the Senate Committee on Foreign Relations, on July 15, 1888, reported a " H. R. 1798 (H. Rept. No. 614), 48th Cong.. 1st sess. 23 Stat. p. 115. See pp. 785-788 of this volume.