Evening star., 1924-06-01
Japanese Protest Note Asks
Removal of Exclusion Clause

United States, article II of the treaty
of 1894 contained clause to the follow
ing effect:
/ 1T is. however understood that the
StlpulationS contained in this and
the preceding article do not in any
regulations with regard to trade, the
immigration Of laborers, police and
public security which are in force or
may hereafter be enacted in either
of the two countries
Clause withdrawn.
when the treaty was revised in
1911 this provisory clause was de-
leted from the new treaty at the re-
quest of the Japanese government,
retaining the general rule which as
sures the liberty of entry, travel and
residence, and at the same time the
Japanese government made the fol-
lowing declaration, dated February
81, 1911, which is attached to the
treaty:
I'm proceeding this day to the
| signature of the treaty of commerce
and navigation between Japan and
the United States the undersigned
Japanese ambassador in Washington,
has the honor to declare that the i'm
perial Japanese government are fully
prepared to maintain with equal ef-
fectiveness the limitation and con-
troll which they have for the past
three years exercised in regulation
of the emigration of laborers to the
United States
"In proceeding to the exchange OF
ratificatioHs of the revised treaty the
| acting Secretary of State communi-
February 25, 1911, that the advice
and consent of the Senate to the rati-
fication of the treaty is given with
| the understanding, which is to be
made part of the instrument Of ratifi-
cation, that the treaty shall not be
deemed to repeal or affect any of the
provisions of the act of Congress en-
| titled AN act to regulate the immf.
! grafton of aliens into the United
States" approved February 20. 1907
The acting Secretary OF State then
| added:
'Inasmuch as this act applies to the
| immigration of aliens into the Unit ed
States from all countries and makes
no discrimination in favor of any
country. it is not perceived that your
| government will have any objection
4 to the understanding being recorded
in the instrument of ratification.
! Japanese Position "Understood."
THE foregoing history will show
that throughout these negotiations
one OF the CHIEF preoccupations OF
the Japanese government was to pro-
| tect their nationals from discrimina-
| tory immigration legislation in the
United States. That position of
Japan was fully understood and ap-
preciated by the American govern
nent, and it was with these con-
tsiderations in view that the existing
| treaty was signed and the exchange
Of it's ratifications effected. In this
situation, while reserving for another
occasion the presentation or the ques-
tion OF legal technicality. whether
and how far the provisions or sec
tion Is (c) of the immigration act OF
| 1924 are inconsistent with the terms
of the treaty of 1911. the Japanese
| government desire now to point out
that the new legislation is in entire
| dfsrerard of the spirit and circun-
stances that underlie the CONCLUSION
| of the treaty.
t,eman's agreement 1t will be re-
| called that II was designed, on the
| one hand, to meet the actual require
| nnehts OF the situation as perceived
by the American government CON
! ON the other, to provide against the
/ nossible demand In the United States
| for statutory exclusion which would
| offend the Just susceptibtlities of the
/ Japanese people. The arrangement
| came into force In 1908. Its emciency
/ given in the annual report of the
| United States commissioner general
| OF immigration authoritatively show
| TINT during the fifteen years from
1908 to 1923 the excess, In number
| of Japanese admitted to continental
United States over those who depart
lea was no more than 8,6S1 altogether
Including not only immigrants of the
| laboring class, but also merchants
| students and other non-laborers and
| non n-isnmigrants, the numbers which
l naturally increased with the growth
4 of commercial, intellectual and socia
relations between the two countries
| Yff even so limited a number shouis
/ In any way be found embarrassing t.
the Omitted States, the Japanese gov
ernment has already manifested thei
,yeadipess R Esyise the sxistirE AZ