The Chinese Exclusion Act / Report and Resolutions Adopted by the Chamber of Commerce of the State of New York

by New York Chamber of Commerce

To this, the President replied that "negotiation for a treaty was commenced many months ago and has since continued," and he expressed, "the hope and expectation that a treaty will soon be concluded concerning the immigration of Chinese laborers, which will meet the wants of our people, and the approbation of the Senate."

After prolonged discussion between Mr. Bayard, our Secretary of State, and Mr. Chang Yen Hoon, the Chinese Minister at Washington, a new treaty was agreed upon on the 12th of March, 1888, and approved by the Senate in the course of a few weeks afterwards. This treaty declares: "Whereas the government of China, in view of the antagonisms and much deprecated and serious disorders to which the presence of Chinese laborers has given rise in the United States, desires to prohibit the emigration of such laborers from China to the United States," and proceeds to agree in Art. I., that for a period of twenty years, the coming of Chinese laborers shall be absolutely prohibited, with certain exceptions, including such as may have wives or property amounting to $1,000 in this country, and shall return here after an absence of not more than one year.

It provides for the maintenance of former stipulations concerning other classes of Chinese, and that laborers may have the right of transit across the country. It also provides that Chinese of all classes in the country shall have all the rights and privileges of the most favored nations, except that of naturalization, and the United States agrees to protect them in such rights.

This treaty was to remain in force twenty years and be continued indefinitely after that time unless formal notice should be given by either side of intention to terminate it.

On the 12th of May, 1888, the Chinese Minister wrote to Mr. Bayard that he had sent the treaty to his government for ratification.

On the 5th of September the Senate by resolution inquired of the President "whether the recent treaty with China had been ratified by the Emperor."

In reply to this the President transmitted dispatches from our Minister in China, first, to the effect that no "information had been received," and, second, that the "treaty had been postponed for further deliberation."

Pending the further deliberation of which our Minister in China had given notice, a bill was introduced in the Senate of the United States to enact into law the provisions of the proposed treaty and provide for their execution. This bill was approved on the 13th of September, 1888; and, as if not satisfied with this act of disrespect to a friendly government, which had frankly conceded our demands, and was at the time deliberating upon the formal approval of the treaty which accorded them, another bill was introduced into Congress for similar purposes, but still more aggravating to the Chinese government It was passed and finally approved October 1, 1888. It provides "that from and after the passage of this act it shall be unlawful for any Chinese laborer who shall at any time heretofore have been, or who may now or hereafter be, a resident within the United States, and who shall have departed or shall depart therefrom and shall not have returned before the passage of this act, to return to or remain in the United States; that no certificate of identity, etc., shall be issued, and every certificate heretofore issued is declared void, and the Chinese laborer claiming admission by virtue thereof shall not be permitted to enter the United States." It further repeals all parts of the act of 1882 which may be inconsistent with this act.

In a message to Congress, dated October 1, 1888, in which President Cleveland signifies his approval of the act just above referred to, he enters into a formal apology for the conduct of the government in refusing to await the deliberations of the Chinese government The President states that on the 21st September he had received a telegram from our Minister in China "announcing the refusal to exchange ratifications unless further discussion could be had," and that in view of this refusal "an emergency had arisen in which the government of the United States is called upon to act in self defense by the exercise of its legislative power."

The official correspondence submitted with this message shows that while the general purpose of the treaty was approved by the Chinese government some of the details caused dissatisfaction to the Chinese people, and for that reason the Chinese government desired that the treaty should be reconsidered.