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America Through the Spectacles of an Oriental Diplomat-Part5_TingFang Wu(1842-1922)_English Literature(文学名著)-第2页

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Article I



"Whenever in the opinion of the Government of the United States,

the coming of Chinese laborers to the United States,



or their residencetherein, 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 absolutelyprohibit 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."

Article II



"Chinese subjects, whether proceeding to the United States

as teachers, students, merchants, or from curiosity,



together with their body and household servants, and Chinese laborers

who are now in the United States shall be allowed to go and come



of their own free will and accord, and shall be accorded

all the rights, privileges, immunities, and exceptions which are accorded



to the citizens and subjects of the most favored nations."

It would seem reasonable to expect that in yielding so fully



to the wishes of the United States in this second negotiation

the Chinese Government would not be called upon to make



any further concessions in the interests or at the demand of

the labor unions on the Pacific coast, but in this China was disappointed.



Within a period of less than ten years an urgentapplication was made

by the American Secretary of State for a new treaty amended so as to enable



the Congress of the United States to still further restrict

the privileges of Chinese laborers who had come to the United States.



And when the Chinese Government hesitated to consent

to the withdrawal of rights which the United States granted to the subjects



of other Governments, Congress passed the Scott Act of 1888

prohibiting any Chinese person from entering the United States



except Chinese officials, teachers, students, merchants

or travellers for pleasure or curiosity and forbidding also



Chinese laborers in the United States, after having left,

from returning thereto. This, in the words of Hon. J. W. Foster,



ex-Secretary of State and a distinguishedinternational lawyer,

"was a deliberateviolation of the Treaty of 1880 and was so declared



by the Supreme Court of the United States." In order to save

the Executive of the United States from embarrassment, the Chinese Government,



contrary to its own sense of justice, and of international comity,

for a third time yielded to the wishes of the United States,



and concluded the amended treaty of 1894 which gave Congress

additional power of legislationrespecting Chinese laborers.



By Article I of this treaty it was agreed that for a term of ten years

the coming of Chinese laborers to the United States



should be absolutelyprohibited. Article III distinctly provided

that "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."

Thus it is clear that the prohibition affects only laborers,






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