Speech #640217119

Mr. President. the amendment submitted by. the Senate committee undertakes .by drawing lines of latitude to include a large part of Asia and purposely and by intention excludes territory of Japan and of China. They exclude China because there is now an existing treaty of exclusion. and they exclude Japan because there is an existing treaty and a supple. mental agreement restricting immigration. I desire to call attention to the fact that inasmuch as this amendment excludes these countries entirely from the operation of the bill there might be in the minds of some people. diplomatists or attorneys. an avenue found for the escape of the peoples excluded by treaty or by agreement. For instance. this bill. the latest expression of the legislature. if it passes. leaves the Republic of China out of consideration. so far as the exclusion of its laboring people are concerned. and the same may be said of the Empire of Japan. and this latest expression of the legislature having done so. there might be by implication a repeal of the treaty or the agreement or the understanding by which we are now protected against the immigration of the people of those countries. This strikes me with particular force in view of the fact that the treaty for commerce and navigation with Japan negotiated In 1911. and which superseded the -treaty of November 22. 1894. provides thatTh6 citizens or subjects of each of the high contracting partils shall have liberty to enter. travel. and reside in the territories of the other to carry on trade. wholesale and retail. to own or lease and occupy. houses. manufactories. warehouses. and shops. to emiploy agents of their choice. to lease land for residential and commercial purposes. and generally to do anything incident to or necessary for trade upon the same terms as native citizens or subjects. submitting themselves to the laws and regulations there established. Here is a treaty which admits the citizens of Japan into this country and the possessions of this country for trade purposes. It is to that extent. apiirt from any agreement. a restriction upon their coining. I do not know that it can be contended that coolies who come for the purpose of offering their labor for hire can be called persons coining to this country for the purpose of trade and travel. Therefore. if the Senate amendment as proposed is made a part of this latest expression of the legislative will. the people of Japan. if you please. without restriction. may enter the United States. It might well be considered a nice question whether the proposed bill has not miodified in some degree the language of the treaty of 1911. which I have just read and which to.. some degree safeguards us against Inundation.