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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.
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 exemptions which are accorded to the citizens and subjects of the most favored nation.
ARTICLE III If Chinese laborers, or Chinese of any other class, now either permanently or temporarily residing in the territory of the United States, meet with ill treatment at the hands of any other persons, the Government of the United States will exert all its power to devise measures for their protection and to secure to them the same rights, privileges, immunities, and exemptions as may be enjoyed by the citizens or subjects of the most favored nation, and to which they are entitled by treaty.
ARTICLE IV The high contracting powers having agreed upon the foregoing articles, whenever the Government of the United States shall adopt legislative measures in accordance therewith, such measures will be communicated to the Government of China. If the measures as enacted are found to work hardship upon the subjects of China, the Chinese minister at Washington may bring the matter to the notice of the Secetary of State of the United States, who will consider the subject with him; and the Chinese Foreign Office may also bring the matter to the notice of the United States minister at Peking and consider the subject with him, to the end that mutual and unqualified benefit may result.
In faith whereof the respective Plenipotentiaries have signed and sealed the foregoing at Peking, in English and Chinese being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from date of its execution.
Done at Peking, this seventeenth day of November, in the year of our Lord, 1880. Kuanghsii, sixth year, tenth moon, fifteenth day.
JAMES B. ANGELL. (SEAL.
SEAL) And whereas the said Treaty has been duly ratified on both parts and the respective ratifications were exchanged at Peking on the 19th day of July 1881:
Now, therefore, be it known that I, Chester A. Arthur, President of the United States of America have caused the said Treaty 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 witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done in Washington this fifth day of October in the year of our Lord one thousand eight hundred and eighty-one, and of the Independence of the United States the one hundred and sixth. (SEAL]
CHESTER A, ARTHUR, By the President: JAMES G. BLAINE,
Secretary of State.
PERMISSION TO ENTER THE UNITED STATES REFUSED ALIEN LABORERS, SKILLED OR UNSKILLED, WHO ARE CITIZENS OR SUBJECTS OF CERTAIN FOREIGN GOVERNMENTS
(Executive Order No. 1712 of February 24, 1913) Whereas by the act entitled "An act to regulate the immigration of aliens into the United States”, approved February 20, 1907, whenever the President is 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 Zons 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, it is made the duty of the President to refuse to permit such citizens of the country issuing such passports to enter the continental territory of the United States from such country or from such insular possession or from the Canal Zone.
And whereas, upon sufficient evidence produced before me by the Department of Commerce and Labor, I am satisfied that passports issued by certain foreign governments to their citizens or subjects who are laborers, skilled or unskilled, to proceed to countries or places other than the continental territory of the United States, are being used for the purpose of enabling the holders thereof to come to the continental territory of the United States to the detriment of labor conditions therein:
I hereby order that such alien laborers, skilled or unskilled, be refused permission to enter the continental territory of the United States:
It is further ordered that the Secretary of Commerce and Labor be, and he hereby is, directed to take, through the Immigration and Naturalization Service, such measures and to make and enforce such rules and regulations as may be necessary to carry this order into effect.
JOINT ORDER REQUIRING PASSPORTS AND CERTAIN INFORMA
TION FROM ALIENS WHO DESIRE TO ENTER THE UNITED STATES DURING THE WAR
DEPARTMENT OF STATE,
DEPARTMENT OF LABOR,
Washington, D. C., July 26, 1917. 7o Diplomatic and Consular Officers and Immigration Officers of
the United States, Steamship and Railway Lines of the United States and Other Countries, Aliens, and All Others Concerned:
After due publication of this order in foreign countries every person leaving a foreign country for the United States (except persons starting from Canada) with the purpose of entering, passing through or touching at a port of the United States shall be required, before he is permitted to enter the United States, to present a valid passport, or other official document in the nature of a passport, satisfactorily establishing his identity and nationality, with a signed and certified photograph of the bearer attached. A wife, or female child, under 21 years of age, or male child under 16 years of age, may be included in the passport of the husband or parent, but a photograph of each must be attached to such passport. Each male child 16 years of age or over must carry a separate passport: Provided, That, where it is shown to the satisfaction of the Secretary of Labor that passports are denied to seamen to prevent their coming ashore in American ports for purposes of reshipment, the Secretary of Labor may authorize the admission of such seamen without the presentation of passports. Each passport of an alien must be visaed by an American consulate, or the diplomatic mission if specially authorized, in the country from which the holder starts upon his trip to the United States. If the country from which he starts on his trip to the United States is not the country to which he owes allegiance, he must also have his passport visaed by a diplomatic or consular cfficer therein of his own country. Moreover, every alien coming to the United States must have his passport, or document in the nature of a passport, visaed by a consular officer of the United States in the country from which he embarks for the United States, or, if he comes by land, from which he enters the United States. The form of such visa should read as follows: "Seen. Number The bearer is to depart for the United States of America between (date) and (date)."
For the purpose of ascertaining the identity, nationality, and objects of aliens entering the United States (except those starting from Canada), each alien, except a duly accredited official, must,
after due publication of this order, furnish to the American diplo matic or consular officer who visaes his passport, in the foreign country from which he starts on his trip to the United States, and to the American authorities at the port of entry or elsewhere in the United States, written declaration setting forth the bearer's name, occupation, and nationality and the names and places of birth of the members of his immediate family who accompany him, and stating the following facts: (1) The date and place of the bearer's birth; (2) the nationality and race of his father and mother; (3) the place of the bearer's last foreign residence and the other places, if any, where he has resided within the past five years; (4) if he has ever been in this country, the dates and objects of his visits and the places and address where he resided or sojourned; (5) the date set for his departure for the United States, the port of embarkation, and the name of the ship on which he is to sail, if he goes by water; (6) names and addresses of persons acquainted with the applicant in the country from which he starts and in the United States; (7) the expected duration and object of his proposed visit to this country, the documentary or other proofs of such object submitted, and the place or places in the United States where he expects to sojourn or reside; (8) that the bearer knows and understands the provisions of Section 3 of the Immigration Act of February 5, 1917, excluding certain classes of aliens from the United States, and is certain that he does not fall within any of such classes; (9) that the bearer understands that if, on arrival at a port of the United States, he is found to be a member of a class excluded by said immigration law, he will be deported if practicable, or, if for any reason deportation should be found to be impracticable, will be held in detention indefinitely in an immigration station or other place of confinement, and that be is, with full understanding thereof, assuming all risks involved in a possible return trip in consequence of being rejected under such law. A wife or minor child who does not expect to reside with the husband or father in this country will be required to carry a separate declaration.
Each declaration must be affirmed or sworn to before a consular officer, or a diplomatic officer of the United States, if specially authorized, and signed in triplicate, and a photograph of the declarant must be attached to each copy with an impression of the official seal. The declaration must be made at least two weeks before the date of intended departure, except in cases of extraordinary emergency. One copy of the declaration must be filed in the embassy, legation, or consulate by which the passport is first visaed, one copy forwarded immediately to the Commissioner of Immigration or inspector in charge at the port of entry by which the declarant expects to enter the United States, and one copy fastened to the passport of the declarant, in such a way that it may be removed upon his departure from the United States. The copy last mentioned must be presented with the passport to the official at the port of entry into this country who examines passports, and to the immigration official who inspects the holder, and to such other officials in the United States as may be authorized to inspect such documents.
No fee shall be collected by diplomatic or consular officers of the United States for or in connection with the execution of such declaration or the visaing of passports.
No American embassy, legation, or consulate shall visa a passport of an alien enemy of the United States to enable him to enter this country unless special authorization of this Government has been previously obtained.
In order to prevent or avoid so far as possible the hardships and dangers involved in deportation under present conditions, a diplomatic or consular officer to whom a passport is presented for visa shall ascertain to the fullest extent practicable whether the holder is a member of any one of the classes excluded from the United States by the provisions of Section 3 of the Immigration Act of February 5, 1917, and if in the judgment of such official the alien is a member of any such excluded class he shall so advise the alien, informing him of the serious risk he is taking in attempting to enter the United States, and, if the alien nevertheless insists on proceeding, shall visa the passport if it is valid, but shall place upon the alien's declaration the notation: “Advised that he will probably be rejected and deported.” In such case the consul making the notation shall write upon the copy of the declaration to be sent to the proper immigration official in the United States a statement of his reasons for making it.
Aliens "likely to become a public charge,” from whatsoever cause such likelihood may arise, are excluded by Section 8 of the Immigration Act (S. Rep. No. 352, 64th Cong., ist sess.). Unless, during the present state of war, aliens applying for admission present evidence by which their identity and nationality are positively proved, such aliens, if they enter the United States, are liable to be taken into custody as enemies and thereby become public charges. Therefore, immigration officials will exclude from the United States any alien who may apply for admission and not be in possession of a passport or other official document establishing his identity and nationality, visaed in the manner specified in this order, and will cause such alien to be returned to the country whence he came, at the expense of the transportation company involved: Provided, however, That such exclusion shall not be made in the cases of alien seamen arriving in ports of the United States, unless such seamen apply for permanent admission to this country, or unless it is necessary to require such papers in order to ascertain whether alien seamen are enemies of the United States; nor in the cases of aliens entering temporarily from contiguous foreign territory to follow agricultural pursuits, in accordance with the terms of Department of Labor circular of May 23, 1917, and the supplements thereto. Alien seamen not provided with passports or other official documents showing their identity and nationality may be detained until they receive passports from the consular representatives of the countries whose nationality they claim. Any alien who enters the United States in violation of this order shall be arrested, in substantial conformity with rule 22 of the Immigration Rules, with a view to his deportation to the country whence