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68th Congress, 2d Session

House Document No. 600

JAPANESE EXCLUSION

A STUDY OF THE POLICY

AND THE LAW

BY

JOHN B. TREVOR, M. A.
FORMERLY CAPTAIN, MILITARY INTELLIGENCE DIVISION, U. S. A.

CHEVALIER DE LA LEGION D'HONNEUR

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HOUSE RESOLUTION NO. 406

*

Resolved, That the article entitled Japanese exclusion

a study
of the policy and the law," by John B. Trevor, master of arts, be printed as a
House document, and that two thousand additional copies be printed for the
use of the House Committee on Immigration and Naturalization.

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CONTENTS

Page

1 5

I. Assimilation
II. Gentlemen's Agreement----
III. The question of encroachment upon the sovereignty of the State and

the problem of dual allegiance--. IV. Doctrine of race equality

V. The immigration act of 1924_ VI, Conclusion

11 23 36 42

APPENDICES

43 45 46 46 47 49

53

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A. Lexts of notes exchanged between the Governments of Japan and of
the United States :

1. Note of Mr. Hanihara to Mr. Hughes, dated April 10, 1924.--
2. Reply of Mr. Hughes to Mr. Hanihara, dated April 10, 1924---
3. Note of Mr. Hanihara to Mr. Hughes, dated April 17, 1924.
4. Reply of Mr. Hughes to Mr. Hanihara, dated April 18, 1924_.
5. Note of Mr. Hanihara to Mr. Hughes, dated May 31, 1924_-

6. Reply of Mr. Hughes to Mr. Hanihara, dated June 16, 1924.-B. Table D of “New Factors in American Japanese Relations and a Con

structive Proposal,” showing alien Japanese admitted to and de

ported from the United States by status and sex, 1909–1923.--C. Nationality law of Japan and amendment :

1. Translation of nationality law of Japan promulgated April

1, 1899----
2. Translation derived from American sources of the amendment

passed by the Japanese Diet in 1924_---
3. Translation of the same amendment, understood to have been

issued by the Japanese foreign office----
D. Leading cases decided by the courts in relation to persons ineligible to

citizenship:

1. Takao Ozawa v. United States..
2. Terrace et al. v. Thompson, Attorney General of the State of

Washington
3. Porterfield et al. v. Webb, Attorney General of the State of

California, et al.

4. Civil No. 2759. In re Chiu Shee. E. Table showing area and density of population of nations possessing

territory susceptible to increase in population through immigration. F. Text of the American immigration act of 1924.

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56

58

62

67 68

71 72

III

JAPANESE

LUSION

A STUDY OF THE POLICY AND THE LAW

By JOHN B. TREVOR, M. A.

INTRODUCTION

Through a memorandum transmitted to the Secretary of State by the Japanese Ambassador under date of May 31, 1924, the Government of Japan served notice upon the American people of its displeasure at the enactment by Congress of the Immigration Act of 1924, and requested that all possible and suitable measures be taken for the removal of an “unjust discrimination.” Now, since it has been made the business of certain organized bodies to bring pressure upon Congress for the modification of the exclusion provisions in the law, it behooves the citizens of this nation to understand precisely the nature of the problem with which Congress was confronted in dealing with the question of Japanese immigration. Many people forget that on other occasions, the Congress of the United States felt constrained to take drastic measures for the protection of the nation against an incursion of Oriental peoples. After the utter futility of diplomatic methods of procedure had been conclusively demonstrated, the Exclusion Act of 1882, imperfect as it was, settled the question of Chinese immigration, and when the barred zone was written into the statutes, the Hindus ceased to come. An exception, however, was made respecting the people of Japan at the earnest solicitation of its government, but clearly subject to a condition which has not been fulfilled. However, the Immigration Act of 1924 was not fathered in any spirit of animosity for “ restricted immigration is not an offensive but purely defensive action. It is not adopted in criticism of others in the slightest degree, but solely for the purpose of protecting ourselves. We cast no aspersions on any race or creed, but we must remember that every object of our institutions of society and government will fail unless America be kept Ameri

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can.'

I. ASSIMILATION

The policy of Japanese exclusion is based not, as is sometimes alleged, upon theories as to the relative superiority or inferiority of the white and yellow races of mankind, but upon the fundamental principle that in the development of colonies of unassimilable people upon American soil, are to be found the seeds of national dissolution. As

1 Extract from speech of President Coolidge, accepting the Republican nomination for election, August 14, 1924.

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