Speech #570039021

As its sixth section. providing as it does for expulsion from this country of all Chinese laborers within it at the time of the passage of the act who should fail to comply with its provisions. whether they came here at the invitation of our Government or otherwise. in its stringency went far beyond the provisions of the existing treaties between the two countries. it would be altogether unreasonable to hold that the words "Chinese laborer" in that very section of the act were used in any narrower sense than were the same words in the treaty under which Congress was legislating. It is pertinent and important. therefore. to inquire what is the scope of those words in that treaty. * * * As finally drafted and agreed upon. the words "Chinese laborers" were not defined. and so their true meaning in the treaty. as in the statutes. is a matter for construction. The history of the negotiations. as already detailed. leading up to the making of the treaty. merely shows that throughout them the United States commissioners insisted that the words "Chinese laborers" should include all immigration other than that for teaching. trade. travel. study. and curiosity. The first proposal on the part of the United States commissioners so to define them in the treaty itself. met on the part of the Chinese commissioners not a refusal. but with this response: "The separation of this class from the mass of the subjects of China in this manner is not in strict accord with the Spirit of our treaty. and in practical operation would meet with many difficulties. But. bearing in mind the deep friendship between the two nations. in the event of embarrassments on either part a solution must be sought in -a spirit of mutual concession." This was followed by a proposal on the part of the Chinese commissioners of articles in which the word "actual" was inserted immediately before the words "Chinese laborers" and inserting the word "artisan" among the privileged classes.