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1399. ARTICLE IV.

When controversies arise in the Chinese Empire between citizens of the United States and subjects of his Imperial Majesty, which need to be examined and decided by the public officers of the two nations, it is agreed between the Governments of the United States and China that such cases shall be tried by the proper official of the nationality of the defendant. The properly authorized official of the plaintiff's nationality shall be freely permitted to attend the trial and shall be treated with the courtesy due to his position. He shall be granted all proper facilities for watching the proceedings in the interests of justice. If he so desires, he shall have the right to present, to examine, and to crossexamine witnesses. If he is dissatisfied with the proceedings, he shall be permitted to protest against them in detail. The law administered will be the law of the nationality of the officer trying the case.

Immigration treaty, concluded November 17, 1880.

1400. ARTICLE I.

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 interests of that country, or to endanger the good order of the said country or of 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 United 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 immigration, and immigrants shall not be subject to personal maltreatment or abuse.

1401. ARTICLE II.

Chinese subjects, whether proceeding to the United States as teachers, students, merchants, or from curiosity, together with their body and household servants, 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 the rights, privileges, immunities, and esemp tions which are accorded to the citizens and subjects of the most favors nation.

1402. ARTICLE III. If Chinese laborers, or Chinese of any other class, now either perma nently or temporarily residing in the territory of the United States meet with ill treatment at the hands of any other persons, the Govern ment of the United States will exert all its power to devise measures to their protection and to secure to them the same rights, privileges, imma nities, and exemptions as may be enjoyed by the citizens or subjects a the most favored nation, and to which they are entitled by treaty.

Convention, concluded March 17, 1894 (Emigration between the tru

countries).

1403. ARTICLE I.

The High Contracting Parties agree that for a period of ten years beginning with the date of the exchange of the ratifications of this Con vention, the coming, except under the conditions hereinafter specified of Chinese laborers to the United States shall be absolutely prohibited

1404. ARTICLE II. The preceding Article shall not apply to the return to the United State of any registered Chinese laborer who has a lawful wife, child, or paren in the United States, or property therein of the value of one thousani dollars, or debts of like amount due him and pending settlement. Never theless every such Chinese laborer shall, before leaving the United States deposit, as a condition of his return, with the collector of customs of th district from which he departs, a full description in writing of his fam ily, or property, or debts, as aforesaid, and shall be furnished by sait collector with such certificate of his right to return under this Treat as the laws of the United States may now or hereafter prescribe and no inconsistent with the provisions of this Treaty; and should the writtel description aforesaid be proved to be false, the right of return there under, or of continued residence after return, shall in each case be for feited. And such right of return to the United States shall be exercises within one year from the date of leaving the United States; but stel right of return to the United States may be extended for an additiona period, not to exceed one year, in cases where by reason of sickness of

other cause of disability beyond his control, such Chinese laborer 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 laborer 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.

1405. ARTICLE III.

The provisions of this Convention shall not affect the right at present enjoyed of Chinese subjects, being officials, teachers, students, merchants or travellers for curiosity or pleasure, but not laborers, of coming to the United States and residing therein. To entitle such Chinese subjects as are above described to admission into the United States, they may produce a certificate from their Government or the Government where they last resided vised by the diplomatic or consular representative of the United States in the country or port whence they depart.

It is also agreed that Chinese laborers shall continue to enjoy the privilege of transit across the territory of the United States in the course of their journey to or from other countries, subject to such regulations by the Government of the United States as may be necessary to prevent said privilege of transit from being abused.

1406. ARTICLE IV.

In pursuance of Article III of the Immigration Treaty between the United States and China, signed at Peking on the 17th day of November, 1880, (the 15th day of the tenth month of Kwanghsü, sixth year) it is hereby understood and agreed that Chinese laborers or Chinese of any other class, either permanently or temporarily residing in the United States. shall have for the protection of their persons and property all rights that are given by the laws of the United States to citizens of the most favored nation, excepting the right to become naturalized citizens. And the Government of the United States reaffirms its obligation, as stated in said Article III, to exert all its power to secure protection to the persons and property of all Chinese subjects in the United States.

1407. ARTICLE V.

The Government of the United States, having by an Act of the Congress, approved May 5, 1892, as amended by an Act approved November

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3, 1893, required all Chinese laborers lawfully within the limits of the United States before the passage of the first named Act to be registered as in said Acts provided, with a view of affording them better protection, the Chinese Government will not object to the enforcement of such acts, and reciprocally the Government of the United States recognizes the right of the Government of China to enact and enforce similar laws or regulations for the registration, free of charge, of all laborers, skilled or unskilled, (not merchants as defined by said Acts of Congress), citizens of the United States in China, whether residing within or without the treaty ports.

And the Government of the United States agrees that within twelve months from the date of the exchange of the ratifications of this Cout vention, and annually, thereafter, it will furnish to the Government of China registers or reports showing the full name, age, occupation and number or place of residence of all other citizens of the United States, including missionaries, residing both within and without the treaty ports of China, not including, however, diplomatic and other officers of the United States residing or travelling in China upon official business, together with their body and household servants.

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Treaty concluded May 4, 1850, with New Granada (Consular Privileges).

1408. ARTICLE I. Each of the two contracting republics may maintain in the principal cities or commercial places of the other, and in the ports open to foreign commerce, Consuls of its own, charged with the protection of the commercial rights and interests of their nation, and to sustain their countrymen in the difficulties to which they may be exposed. They may likewise appoint Consuls-General, as chiefs over the other Consuls, or to attend to the affairs of several commercial places at the same time, and Vice-Consuls for ports of minor importance, or to act under the direction of the Consuls. Each republic may, however, except those cities, places, or ports in which it may consider the residence of such functionaries inconvenient, such exception being common to all nations. All that is said in this convention of Consuls in general shall be considered as relating not only to Consuls, properly so called, but to Consuls-General and Vice-Consuls, in all the cases to which this convention refers.

1409. ARTICLE II.

The Consuls appointed by one of the contracting parties to reside in the ports or places of the other shall present to the Government of the republic in which they are to reside their letters patent or commission, in order that they may receive the proper exequatur, if it be deemed expedient to give it, which shall be granted without any charge; and this exequatur, when obtained, is to be exhibited to the chief authorities of the place in which the Consul is to exercise his functions, in order that they may cause him to be recognized in his character, and that he may be sustained in his proper prerogative, in his respective Consular District. The Government receiving the Consul may withdraw the exequatur or his Consular commission whenever it may judge proper to do so, but in such case shall state a reasonable ground for the proceeding.

1410. ARTICLE III.

The Consuls admitted in either republic may exercise in their respective districts the following functions:

1. They may apply directly to the authorities of the district in which they reside, and they may, in case of necessity, have recourse to the national Government through the Diplomatic Agent of their nation, if there be any, or directly, if there be no such Agent, in complaint against any infraction of the treaties of commerce committed by the authorities or persons employed by them in the country, to the injury of the commerce of the nation in whose service the Consul is engaged.

2. They may apply to the authorities of the Consular District, and in case of necessity they may have recourse to the national Government through the Diplomatic Agent of their nation, if there be any, or directly, if there be no such Agent, against any abuse on the part of the authorities of the country, or the persons employed by them, against individuals of their nation in whose service the Consul is engaged; and they may, when necessary, take such measures as may be proper to prevent justice from being denied to them or delay, and to prevent them from being judged or punished by any other than competent judges, and agreeably to the laws in force.

3. They may, as the natural defenders of their fellow-countrymen, appear in their name and behalf, whenever so requested by them, before the respective authorities of the place, in all cases in which their support may be necessary.

4. They may accompany the captains, mates, or masters of the vessels

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