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territory situate between the fiftieth and the sixty-fourth meridians of longitude east from Greenwich and the twentyfourth and thirty-eighth parallels of latitude north, and no alien now in any way excluded from, or prevented from entering, the United States shall be admitted to the United States. The provision next foregoing, however, shall not apply to persons of the following status or occupations: Government officers, ministers or religious teachers, missionaries, lawyers, physicians, chemists, civil engineers, teachers, students, authors, artists, merchants, and travelers for curiosity or pleasure, nor to their legal wives or their children under sixteen years of age who shall accompany them or who subsequently may apply for admission to the United States, but such persons or their legal wives or foreign-born children who fail to maintain in the United States a status or occupation placing them within the excepted classes shall be deemed to be in the United States contrary to law, and shall be subject to deportation as provided in section nineteen of this Act."

Briefly stated the restricted area described in the provision quoted includes India, Siam, Indo-China, Afghanistan, parts of Russian Turkestan and Arabia on the continent of Asia, and New Guinea, Borneo, Sumatra, and Java as well as many lesser islands. The Philippines and Guam, and a large part of China, are also within the described area, but of course the islands named are “possessed by the United States" and accordingly are not affected, while the people of China are not under the ban because immigrants from that country are already debarred, in a technical sense by treaty, altho practically this is accomplished under the Chinese Exclusion Law *

Japan and her possessions are entirely omitted from

The Immigration Treaty of 1880 with China, which is still in force, provides in part 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 restricted area, and indeed it was the objection of the Japanese Government to other proposed methods of excluding Asiatics that led to the adoption of the latitude and longitude plan. Earlier drafts of the Burnett bill, and in fact every general immigration bill that has been considered by Congress since about 1911, contained a clause excluding persons not eligible to become citizens of the United States through naturalization, unless such persons were already excluded by some kind of treaty or agreement. At one stage the Hindus also appeared as a separate excluded class because it was feared that they might not be debarred under the naturalization provision. The Japanese are not eligible to naturalization, that privilege being granted only to white persons and negroes, but the proposed law would not have applied to them as long as the gentlemen's agreement before referred to remained in force. The Japanese Government, however, made formal objection to the proposal, probably because of resentment at the discrimination against that race in the matter of naturalization, and so the geographical provision, which did not affect Japan, was substituted. But it is very evident that Congress was unwilling to depend upon a simple friendly agreement as the sole protection against a possible resumption of unrestricted immigration from Japan, and accordingly the rather ingenious proviso that "no alien now in any way ex cluded from or prevented from entering the Unite States" was added to the bill. The Japanese, o course, are now prevented from entering the Unite States by reason of the gentleman's agreement, and is apparent that the provision quoted would be an e fective barrier against immigration from that countr in the event that the agreement became of no effect.

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The immediate practical effect of the latitude and longitude clause, will be to allay the hitherto existing fear of a great influx of east Indians or Hindus to the Pacific coast. To be sure, immigration from India was never large, 1,695 arrivals in 1910 being the highwater mark of the movement, but the coast States had learned by previous experience with the Chinese and Japanese influx how handfuls of Asiatic immigration soon became throngs and they were determined that the threatened invasion from India should be checked before it also became a serious problem. Fortunately for the United States, Canada adopted a drastic policy of exclusion which suddenly cut off what promised to become a veritable deluge of Hindu immigration into British Columbia. This, together with our own inhospitable attitude has checked the movement to both countries during the last four or five years. But the United States had no effective legal means of dealing with the matter until the geographical test was enacted. This solved the problem, at least for the time being. In addition it so extended the policy of Asiatic exclusion that it now applies in one way or another to all Asia except Turkey, Persia, Siberia and a part of Arabia.


In addition to illiterates and natives of the restricted area in Asia, the new law makes several more or less important additions to the classes who were denied admission to the United States under previous acts. These new debarred classes include persons of constitutional psychopathic inferiority, persons afflicted with chronic alcoholism, vagrants, persons who advocate

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