"In accepting the proposal as a basis for the settlement of the question of immigration between the two countries, the Government of the United States does so with all necessary reserves and without prejudice to the inherent sovereign right of either country to limit and control immigration to its own domains or possessions."

On February 8, 1911, in a memorandum informing the Department of State of the readiness of the Japanese Government to enter upon the negotiations which had been suggested by the embassy and to which the department had assented subject to the reservation above quoted, the Japanese Embassy stated that "the Imperial Government concur in the understanding of the proposal relating to the question of immigration set forth in the above mentioned note of January 23 last."

It was thus with the distinct understanding that it was without prejudice to the inherent sovereign right of either country to limit and control immigration to its own domains or possessions that the treaty of 1911 was concluded. While this Government acceded to the arrangement by which Japan undertook to enforce measures designed to obviate the necessity of a statutory enactment, the advisability of such an enactment necessarily remained within the legislative power of this Government to determine. As this power has now been exercised by the Congress in the enactment of the provision in question this legislative action is mandatory upon the executive branch of the Government and allows no latitude for the exercise of executive discretion as to the carrying out of the legislative will expressed in the statute.

It is provided in the Immigration Act that the provision of section 13 (c), to which you have referred, shall take effect on July 1, 1924. Inasmuch as the abstention on the part of the United States from such an exercise of its right of statutory control over immigration was the condition upon which was predicated the undertaking of the Japanese Government contained in the Gentlemen's Agreement of 1907-08 with respect to the regulation of the emigration of laborers to the United States, I feel constrained to advise you that this Government cannot but acquiesce in the view that the Government of Japan is to be considered released, as from the date upon which section 13 (c) of the Immigration Act comes into force, from further obligation by virtue of that understanding.

In saying this, I desire once more to emphasize the appreciation

on the part of this Government of the voluntary cooperation of your Government in carrying out the Gentlemen's Agreement and to express the conviction that the recognition of the right of each Government to legislate in control of immigration should not derogate in any degree from the mutual good-will and cordial friendship which have always characterized the relations of the

two countries.

Accept, Excellency, the renewed assurances of my highest consideration.

CHARLES E. HUGHES

APPENDIX “D”

STATEMENT ISSUED TO THE PRESS
BY PRESIDENT COOLIDGE

MAY 26, 19241

In signing this Bill, which in its main features I heartily approve, I regret the impossibility of severing from it the exclusion provision which, in the light of existing law, affects especially the Japanese. I gladly recognize that the enactment of this provision does not imply any change in our sentiment of admiration and cordial friendship for the Japanese people, a sentiment which has had and will continue to have abundant manifestation. The Bill rather expresses the determination of the Congress to exercise its prerogative in defining by legislation the control of immigration instead of leaving it to international arrangements. It should be noted that the Bill exempts from the exclusion provision government officials, those coming to this country as tourists or temporarily for business or pleasure, those in transit, seamen, those already resident here and returning from temporary absences, professors, ministers of religion, students, and those who enter solely to carry on trade in pursuance of existing treaty provisions. But we have had for many years an understanding with Japan by which the Japanese Government has voluntarily undertaken to prevent the emigration of laborers to the United States, and in view of this historic relation and of the feeling which inspired it, it would have been much better in my judgment, and more effective in the actual control of immigration, if we had continued to invite the cooperation which Japan was ready to give and had thus avoided creating any ground for misapprehension by an unnecessary statutory enactment. That course would not have derogated from the authority of the Congress to deal with the question in any exigency requiring its action. There is scarcely any ground for disagreement as to the result we want, but this method of securing it is unnecessary and 1 Reprinted from the official text furnished by the State Department.

deplorable at this time. If the exclusion provision stood alone I should disapprove it without hesitation, if sought in this way at this time. But this Bill is a comprehensive measure dealing with the whole subject of immigration and setting up the necessary administrative machinery. The present Quota Act, of 1921, will terminate on June 30th next. It is of great importance that a comprehensive measure should take its place, and that the arrangements for its administration should be provided at once in order to avoid hardship and confusion. I must therefore consider the Bill as a whole, and the imperative need of the country for legislation of this general character. For this reason the Bill is approved.