Evening star., 1924-06-19
TEXT OF SECRETARY HUGHES
NOTE TO JAPAN ON EXCLUSION

The text of the American reply to
Japan follows:
| His Excellency
MIR. Masanao Hanihara,.
Japanese Ambassador.
II have the honor to acknowledge
| the receipt of your note under date of
May 81, containing memorandum
government with respect to the pro-
vision of section IS (c) of the. imml-
grafton act of 1924. l take pleasure
| in noting your reference to the
communication has been made and
| you may be assured of the readiness
| of this government to consider in the
| same spirit the views you have set
| forth.
AT the time of the signing of the
| immigration bill the President issued
! a statement, a copy of which 1 nau
the privilege of handing to you; glaa-
actment of this provision does not
| imply any change in our sentiment OF
admiration and cordial friendship for
the Japanese people, senliiiie,ie ~
which has had and will continue 10
have abundant manifestation Per.
nit me to state briefly the substance
| of the provision. Section is 'c'
| lated to all aliens ineligible 10 cltl-
| zenship. 1t establishes certain eNc1Ip Ip
tions, and to these classes the eAcit
sion provision does not apply, to-"i''
| Non-Immigrants Defined.
.'Those who are not immigrant sas oe-
| fined in section of the act, that is ~
| a government official, his 1arnllS' asSeh tsS IL,
| ants, servants and empoyes' ~ an
\ alien visiting the United states uelhfo for
| rarily as a tourist or temporarily LOT
| business or pleasure, CD an aneli IL,
| continuous transit through the onlte9
States, (4) an alien lawfully adnlit'eu
| to the United States who later sues IA
| transit from one part OF tne -
| STATES TO another through foreign con-
| tiguous territory, (5) bona noe AMEN
seaman serving as such on a VesSel a.
| irving at port of the Uhlteu o'a
| and seeking to enter tempordIll! ne
| United States solely in the pursuit Oh
| his calling as a seaman and (6) an
alien entitled to enter the United States
| solely TO carry on trade under ana III
pursuance of the provisions OF present
| existing treaty of commerce ana hd'i-
| cation. :., - ron-
ouota immigrants under the proVls1.
| ions of subdivision (b), (d) or !e1 %
section 4-that, is, 'lb2 An litted 1,iitt
grant previously lawfully aonit.eu
! to the United States. who IS reId, reIuldT,
| ing from a temporary visit ABROAD !,
I'D an immigrant who contlnuous,y
| for at least two years immedlately
| preceding the time of his applicae.on
| for admission to the Unlteu ota.es
III.
the United States solely for the pur-
! nose of. carving on the vocation ol
! minister of any religious oehoilli,aa a
ton. or professor of a colese, acau
emy, seminary, or unlNerslIE;; E;,drau &au
| his wife and his unmarried chiidren
| under eighteen years of age, IL ac-
| companying or following TO JOIN
him: or (e) an immigrant VINO Is
| bona fide student at least hIleen
| wears of age and who seeks TO enter
/ ~ IN; cd solely
pose of study at an accredited schooi,
| college, academy, seminary or UNI.
] versity, particularly deslSnateu py
| him and approved by the eecre.aaSS
| to report to the Secretary of Labor
! the termination of ATTENDANCE or
each immigrant student, ana IL any
such institution of learning falls 70
make such reports promptly the ap
proval shall be withdrawn.
ALSO, the wives, or unmarried cnli-
dren under eighteen years of age, OF
immigrants admissible under subdl-
vision Cd of section 4, above quoted.
Japan Recognizes U. s. Rights.
.It will thus be observed that,
taking these exceptions into account,
the provision in question does not
differ greatly in it's practical opera
tion. or in the policy which it re-
fleets, from the understanding en-
bodied in the gentlemen's agreement
under which the japanese govern
ment has co-operated with the gov
ernment of the United states IN pre-
venting the emigration of Japanese
laborers to this country. We fully
and gratefully appreciate the assist
ance which has thus been rendered
by the japanese government IN tne
carving out of this long established
policy and it is not deemed to be
necessary to refer to the economic
considerations which have inspired
it. Indeed, the appropriateness OF
that policy, which has not evidenced
any lack of esteem for the japanese
people, their character and achieve
ments, has been confirmed rather
than questioned by the voluntary
action of your government in aiding
it's execution.
THE point of substantial difference
between the existing arrangement
and the provision of the immigration
act is that the latter has expressed,
as the President has stated, the de-
termination of the Congress to exer-
else it's prerogative in defining by
legislation the control of immigration
instead of leaving 1t to international
arrangements 1t is not understood
that this prerogative is called in
question, but, rather, your govern
ment expressly recognizes that it
power of each state to limit and
control immigration to it's own do
MAINS an authority which 1t is be-
lieved the Japanese government has
not failed to exercise in it's own dis
cretion with respect to the admission
of aliens and the conditions and To-
cation of their settlement within its
borders. While the President would
have preferred to continue the exist
ing arrangement with the Japanese
government. and to have entered into
negotia tions for such notifications
as might seem to be desirable, this
government does not feel that it is
limited to such an international ar
rangement, or that by virtue of the
existing understanding, or of the ne
gotiations which it has conducted in
the past with the japanese govern
ment, it has in any sense lost or i'm
paired the full liberty of action which
it would otherwise have in this mat
ter. On the contrary, that freedom
with respect to the control of immi-
grafton, which is an essential element
of sovereignty and entirely COM
| patible with the friendly sentiments
which animate our international re-
lations, this government in the course
| of these negotiations always fully
reserved.
1894 Treaty Quoted.
Thus in the treaty of commerce
| and navigation concluded with Japan
| in 1894 its was expressly stipulated
in article II:
| 1t is, however, UNDERSTOOD that
the stipulati tons contained in this and
the preceding article do not in any,
way affect the laws, ordinances or
regulat tions with regard to trade, the
| immigration of laborers, police and
public security, which are in favor or
which may hereafter be enacted in
4! either of the two countries
| TT is true that at the time of the
| negotiation of the treaty of 1911 the
| Japanese government desired that
the provision above quoted should be
eliminated and that this government
| of the fact that the Japanese gov