1926

IMMIGRATION PROHIBITION TREATY BETWEEN THE
UNITED STATES OE AMERICA AND CHINA, 1894
Ratifications Exchanged at Washington, 7th December, 1894
Whereas, on the 17th of November, a.d. 1880, and of Kwang Hsu, the sixth
year, the tenth month, and the 15th day, a Treaty was concluded between the United
States and China for the purpose of regulating, limiting, or suspending the coming
of Chinese labourers to and their residence in the United States, and, whereas the
Government of China, in view of the antagonism and much deprecated and serious
disorders to which the presence of Chinese labourers has given rise in certain parts
of the United States, desires to prohibit the emigration of such labourers from
China to the United States; and, whereas the two Governments desire to co-operate
in prohibiting such emigration and to strengthen in many other ways the bonds of
relationship between the two countries; and, whereas the two Governments are desirous
of adopting reciprocal measures for the better protection of the citizens or subjects
of each within the jurisdiction of the other; now, therefore, the President of the
United States has appointed Walter Q. Gresham, Secretary of State, as his
Plenipotentiary, and his Imperial Majesty the Emperor of China has appointed
Yang Yui, Officer of the Second Rank, Sub-director of the Court of Sacrificial
Worship and Envoy Extraordinary and Minister Plenipotentiary, and the said
Plenipotentiaries having exhibited their respective full powers, found to be in due
form and good faith, have agreed upon the following Articles:—
Art. I.—The high contracting parties agree that for a period of ten years
beginning with the date of the ratifications of this Convention, the coming, except
under the conditions hereinafter specified, of Chinese labourers to the United States
shall be absolutely prohibited.
Art. II.—The preceding Article shall not apply to the return to the United
States of any registered Chinese labourer who has a lawful wife, child, or parent in
the United States or property therein of the value of $1,000, or debts of like amount
due to him and pending settlement. Nevertheless, every such Chinese labourer
shall, before leaving the United States, deposit, as a condition of his return, with
the Collector of Customs of the district from which he departs, a full description in
writing of his family or property or debts as aforesaid, and shall be furnished by
the said Collector with such certificate of his* right to return under this Treaty as
the laws of the United States may now or hereafter prescribe, and not inconsistent
with the provisions of the Treaty; and should the written description aforesaid be
proved to be false, the rights of return thereunder, or of continued residence after
return, shall in each case be forfeited. And such right of return to the United
States shall be exercised within one year from the date of leaving the United
States; but such right of return to the United States may be extended for an
additional period, not to exceed one year, in cases where by reason of sickness or
other cause of disability beyond his control such Chinese labourer shall be rendered
unable sooner to return, which facts shall be fully reported to the Chinese Consul
at the port of departure, and by him certified to the satisfaction of the Collector of
the port at which such Chinese subject shall land in the United States. And no
such Chinese labourer shall be permitted to enter the United States by land or sea
without producing to the proper officer of the Customs the return certificate herein
required.