CONGRESS. (SPECIAL SESSION CHIM.-I. K.v 1.1 siox.) 





Whore an application is made by a Chinaman for 

 entrance into tin- lulled Stairs nil the ground tlmt 

 he was formerly engaged in this country on a mer- 

 chant, he shall establish by the testimony of two 

 credible witnesses other tlian Chinese the fact that 



In- conducted such business as boninbofon dci'mcd 



for ut least one year before his departure from the 

 I. nitcd State.-, ami that during such year he was not 

 i-n^au'ed in tlie performance of any nmnuul labor, ex- 

 uoh as was necessary in the conduct of his busi- 

 in .-> a.- .such merchant, and in default of such proof 

 shall he refused lauding. 



Such order of deportation shall be executed by the 

 I nitcd States marshal of the district within which 

 Mich order is made, and he shall execute the same 

 with all convenient dispatch' and pending the exe- 

 cution of such order such Chinese person shall re- 

 main in the custody of the United States marshal, and 

 shall not be admitted to bail. 



The certificate herein provided for shall contain 

 the photograph of the applicant, together with his 

 name, local residence, and occupation ; and a copy of 

 such certificate, with a duplicate of such photograph 

 attached, shall bo filed in the office of the L nited 

 States collector of internal revenue of the district in 

 which such Chinaman makes application. 



Such photographs in duplicate shall be furnished 

 li\ each applicant in such form as may be prescribed 

 by the Secretary of the Treasury. 



Mr. McCreary, of Kentucky, said, in explana- 

 tion of the measure : 



" The pending bill was ordered to be reported 

 by the Committee on Foreign Affairs, with but 

 one dissenting member. It amends the Chinese 

 exclusion act passed May 5, 1892, known as the 

 Geary act, by extending the time from the pas- 

 sage of this bill six months, in which Chinese 

 persons now in the United States may register 

 and obtain certificates of residence. It also 

 amends that act so as to require ' one creditable 

 witness other than Chinese,' to prove that the 

 applicant for a certificate was a resident of the 

 United States on the 5th of May, 1892, instead of 

 'one credible white witness.' It also requires 

 that the word ' laborer ' or ' laborers,' wherever 

 used in this act, or in the act to which this is 

 an amendment, shall be construed to mean both 

 skilled and unskilled manual laborers, including 

 Chinese employed in mining, fishing, huckster- 

 ing, peddling, laundrymen. or those engaged in 

 taking, drying, or otherwise preserving shell or 

 other fish for home consumption or exportation. 



" The treaties between the United States and 

 China, and the subsequent legislation adopted 

 by Congress to prevent the immigration of 

 Chinese laborers into this country, terminating 

 in the exclusion act of May 5, 1892, are too well 

 known to require lengthy discussion at this 

 time. I will only refer briefly to the treaties 

 and to the acts of Congress. The first treaty 

 between the United States and the Empire of 

 China was concluded on the 3d of July, 1844, 

 and ratifications exchanged in December of the 

 following year. 



'The next treaty was negotiated with the 

 Chinese Government in June, 1858, and ratifica- 

 tions exchanged in August of the following 

 year. Both of these treaties were in the inter- 

 ests of peace, amity, and commerce between the 

 two nations, and renewed the promise of pro- 

 tection to all citizens of the United States in 

 China peaceably attending to their affairs, and 

 stipulated for security to Christians in the pro- 

 fession of their religion ; but neither the treaty 



of 1844 nor that of 1858 referred to the emi- 

 gration of the riii/ciis and subjects of the two 

 nut ions, respectively, from one country to the 

 other. 



" It was in 1868 that a new treaty was nego- 

 tiated by Anson Burlingaine and others, called a 

 ' treaty concerning trade, consuls, religious tol- 

 eration, and emigration.' This was the har- 

 binger of a new era in the history of China. \x - 

 cause it opened a country to free intercourse 

 with other nations that had for ages been iso- 

 lated and closed to all foreigners. 



" I read Article VI of that treaty to show how 

 broad and cordial our relations with China were 

 at that time : 



ARTICLE VI. Citizens of the United States visiting 

 or residing in China shall enjoy the same privileges, 

 immunities, or exemptions in respect to travel or resi- 

 dence as may there be enjoyed by the citizens or sub- 

 jects of the most favored nation j and, reciprocally, 

 Chinese subjects visiting or residing in the United 

 States shall enjoy the same privileges, immunities, 

 and exemptions in respect to travel or residence as 

 may there be enjoyed by the citizens or subjects of 

 the most favored nation. But nothing herein con- 

 tained shall be held to confer naturalization upon the 

 citizens of the United States in China, nor upon the 

 subjects of China in the United States. 



" The large immigration of Chinese to our 

 country which occurred after this treaty was 

 made, their peculiar habits and their failure to 

 assimilate with our people, the growing unpop- 

 ularity of Chinese laborers, and the belief that 

 their presence here was inimical to our institu- 

 tions, led to the treaty concluded in 1880, known 

 as ' the treaty regulating immigration into the 

 United States.' It provides in its first article 

 that whenever in the opinion of the Government 

 of the United States the coming of Chinese 

 laborers to the United States, or their residence 

 therein, affects or threatens to affect the inter- 

 ests of that country, or to endanger the good 

 order of the said country, or any locality within 

 the territory thereof, the Government of China 

 agrees that the Government of the United States 

 may regulate, limit, or suspend such coming or 

 residence, but may not absolutely prohibit it. 

 The limitation or suspension shall be reasonable, 

 and shall apply only to Chinese who may go to 

 the UnitedT States as laborers, other classes not 

 being included in the limitations. Legislation 

 taken in regard to Chinese laborers will be of 

 such a character only as is necessary to enforce 

 the regulation, limitation, or suspension of immi- 

 gration, and immigrants shall not be subject to 

 personal maltreatment or abuse. 



"The second article of this treaty declares 

 that- 

 Chinese subjects, whether proceeding to the United 

 States as teachers, students, merchants, or from curi- 

 osity, together with their body and household serv- 

 ants, and Chinese laborers who are now in the 

 United States, shall be allowed to go and come of 

 their own free will and accord, and shall be accorded 

 all rights, privileges, immunities, and exemptions 

 which are accorded to the citizens and subjects of the 

 most favored nation. 



" Soon after the ratification of this treaty, 

 Congress, in 1882, enacted a law suspending for 

 ten years the coming of Chinese laborers to the 

 United States, and in 1884 this act was amended 

 by imposing heavy penalties and punishments 



