Chairman of said Commission, for the temporary migration of workers from foreign countries within the Western Hemisphere (pursuant to agreements between the United States and such foreign countries) for employment in the continental United States with industries and services essential to the preservation, marketing, or distribution of agricultural products, including the timber and lumber industries, and including the transportation of such workers from points outside the United States to ports of entry of the United States and return (including transportation from place of employment in the United States to port of entry of the United States in any case of default by an employer to provide such transportation to a worker, in which event the employer shall be liable to the United States for the cost thereof), cost of temporary maintenance of workers in reception centers in foreign countries and in the United States, when necessary, reasonable subsistence and emergency medical care of such workers from the time of reporting for transportation to the United States or return to the country of origin until arrival at the destination, necessary assistance to meet emergency health and welfare problems while in the United States, when such assistance is not otherwise available to such persons, and guarantees of employment while in the United States to the extent agreed upon with the foreign country from which the worker is imported, fiscal year 1944, $1,359,200, of which not to exceed $97,200 shall be available for all administrative expenses necessary for the foregoing, including not to exceed $10,000 for temporary employment of administrative personnel outside continental United States, not to exceed $1,000 for printing and binding outside continental United States without regard to section 3709 of the Revised Statutes and section 11 of the Act of March 1, 1919 (44 U. S. C. 111), and not to exceed $20,000 for travel expenses: Provided, That no transportation of workers shall be allowed hereunder unless the employer and the worker have entered into a contract for employment approved by said Chairman or his designee, and unless said Chairman certifies that reasonably adequate use is being made of local labor supply: Provided further, That this appropriation shall remain available after June 30, 1944, for the purpose of fulfilling guarantees and other obligations theretofore incurred with respect to such foreign workers and for all other purposes connected with the protection and ultimate return of any workers theretofore transported: Provided further, That no part of this appropriation shall be available for the recruitment or transportation of workers for employment in agriculture for which provision is made in title I of this Act: Povided further, That the general provisions under the caption "Executive Office of the President-Office for Emergency Management", contained in the National War Agencies Appropriation Act, 1944, and applicable to the constituent agencies of the Office of Emergency Management contained therein shall be applicable to the appropriations to the War Manpower Commission contained in this paragraph. (Pub. Law 229.)

1

Treaties, Presidential Proclamations, Executive Orders, and Departmental Orders Relating to Immigration

TREATY BETWEEN THE UNITED STATES AND CHINA, CONCERNING IMMIGRATION

[22 Stat. L., 826 1]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Whereas a Treaty between the United States of America and China, for the modification of the existing treaties between the two countries, by providing for the future regulation of Chinese immigration into the United States, was concluded and signed at Peking in the English and Chinese languages, on the seventeenth day of November in the year of our Lord one thousand eight hundred and eighty, the original of the English text of which Treaty is word for word as follows:

Whereas, in the eighth year of Hsien Feng, Anno Domini 1858, a treaty of peace and friendship was concluded between the United States of America and China, and to which were added, in the seventh year of Tung Chih, Anno Domini 1868, certain supplementary articles to the advantage of both parties, which supplementary articles were to be perpetually observed and obeyed:-and Whereas the Government of the United States, because of the constantly increasing immigration of Chinese laborers to the territory of the United States, and the embarrassments consequent upon such immigration, now desires to negotiate a modification of the existing Treaties which shall not be in direct contravention of their spirit:

Now, therefore, the President of the United States of America has appointed James B. Angell, of Michigan, John F. Swift, of California, and William Henry Trescot, of South Carolina as his Commissioners Plenipotentiary; and His Imperial Majesty, the Emperor of China, has appointed Pao Chün, a member of His Imperial Majesty's Privy Council, and Superintendent of the Board of Civil Office; and Li Hungtsao, a member of His Imperial Majesty's Privy Council, as his Commissioners Plenipotentiary; and the said Commissioners Plenipotentiary, having conjointly examined their full powers, and having discussed the points of possible modification in existing Treaties, have agreed upon the following articles in modification.

1 Concluded Nov. 17, 1880; ratification advised by the Senate May 5, 1881; ratified by the President May 9, 1881; ratifications exchanged July 19, 1881; proclaimed Oct. 5, 1881.

1 56870044

-10

201

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.

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 exemptions which are accorded to the citizens and subjects of the most favored nation.

ARTICLE III

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

ARTICLE IV

The high contracting powers having agreed upon the foregoing articles, whenever the Government of the United States shall adopt legislative measures in accordance therewith, such measures will be communicated to the Government of China. If the measures as enacted are found to work hardship upon the subjects of China, the Chinese minister at Washington may bring the matter to the notice of the Secetary of State of the United States, who will consider the subject with him; and the Chinese Foreign Office may also bring the matter to the notice of the United States minister at Peking and consider the subject with him, to the end that mutual and unqualified benefit may result.

In faith whereof the respective Plenipotentiaries have signed and sealed the foregoing at Peking, in English and Chinese being three originals of each text of even tenor and date, the ratifications of which shall be exchanged at Peking within one year from date of its execution.

.

Done at Peking, this seventeenth day of November, in the year of our Lord, 1880. Kuanghsii, sixth year, tenth moon, fifteenth day.

[SEAL.]

JAMES B. ANGELL.

And whereas the said Treaty has been duly ratified on both parts and the respective ratifications were exchanged at Peking on the 19th day of July 1881:

Now, therefore, be it known that I, Chester A. Arthur, President of the United States of America have caused the said Treaty to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done in Washington this fifth day of October in the year of our Lord one thousand eight hundred and eighty-one, and of the Independence of the United States the one hundred and sixth.

[SEAL]

By the President:

JAMES G. BLAINE,

Secretary of State.

CHESTER A. ARTHUR.

PERMISSION TO ENTER THE UNITED STATES REFUSED ALIEN LABORERS, SKILLED OR UNSKILLED, WHO ARE CITIZENS OR SUBJECTS OF CERTAIN FOREIGN GOVERNMENTS

[Executive Order No. 1712 of February 24, 1913]

Whereas by the act entitled "An act to regulate the immigration of aliens into the United States", approved February 20, 1907, whenever the President is satisfied that passports issued by any foreign government to its citizens to go to any country other than the United States or to any insular possession of the United States or to the Canal Zone are being used for the purpose of enabling the holders to come to the continental territory of the United States to the detriment of labor conditions therein, it is made the duty of the President to refuse to permit such citizens of the country issuing such passports to enter the continental territory of the United States from such country or from such insular possession or from the Canal Zone.

And whereas, upon sufficient evidence produced before me by the Department of Commerce and Labor, I am satisfied that passports issued by certain foreign governments to their citizens or subjects who are laborers, skilled or unskilled, to proceed to countries or places other than the continental territory of the United States, are being used for the purpose of enabling the holders thereof to come to the continental territory of the United States to the detriment of labor conditions therein:

I hereby order that such alien laborers, skilled or unskilled, be refused permission to enter the continental territory of the United States:

It is further ordered that the Secretary of Commerce and Labor be, and he hereby is, directed to take, through the Immigration and Naturalization Service, such measures and to make and enforce such rules and regulations as may be necessary to carry this order into effect.

JOINT ORDER REQUIRING PASSPORTS AND CERTAIN INFORMATION FROM ALIENS WHO DESIRE TO ENTER THE UNITED STATES DURING THE WAR

DEPARTMENT OF STATE,

DEPARTMENT OF LABOR,

Washington, D. C., July 26, 1917.

To Diplomatic and Consular Officers and Immigration Officers of the United States, Steamship and Railway Lines of the United States and Other Countries, Aliens, and All Others Concerned: After due publication of this order in foreign countries every person leaving a foreign country for the United States (except persons starting from Canada) with the purpose of entering, passing through or touching at a port of the United States shall be required, before he is permitted to enter the United States, to present a valid passport, or other official document in the nature of a passport, satisfactorily establishing his identity and nationality, with a signed and certified photograph of the bearer attached. A wife, or female child, under 21 years of age, or male child under 16 years of age, may be included in the passport of the husband or parent, but a photograph of each must be attached to such passport. Each male child 16 years of age or over must carry a separate passport: Provided, That, where it is shown to the satisfaction of the Secretary of Labor that passports are denied to seamen to prevent their coming ashore in American ports for purposes of reshipment, the Secretary of Labor may authorize the admission of such seamen without the presentation of passports. Each passport of an alien must be visaed by an American consulate, or the diplomatic mission if specially authorized, in the country from which the holder starts upon his trip to the United States. If the country from which he starts on his trip to the United States is not the country to which he owes allegiance, he must also have his passport visaed by a diplomatic or consular officer therein of his own country. Moreover, every alien coming to the United States must have his passport, or document in the nature of a passport, visaed by a consular officer of the United States in the country from which he embarks for the United States, or, if he comes by land, from which he enters the United States. The form of such visa should read as follows: "Seen. Number The bearer is to depart for the United States of America between (date) and (date)."

For the purpose of ascertaining the identity, nationality, and objects of aliens entering the United States (except those starting from Canada), each alien, except a duly accredited official, must,