at "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." Thus it is clear that the prohibition affects only
laborers, and not the other classes of Chinese. For a few years after
the signing of this convention this was the view adopted and acted upon
by the immigration officials, but afterward they changed their
attitude, and the foregoing Article has since been interpreted to mean
that only the above-mentioned five classes can be admitted into the
United States, and that all the other classes of Chinese, however
respectable and honorable, must be refused admission. Will my readers
believe that a Chinese banker, physician, lawyer, broker, commercial
agent, scholar or professor could all be barred out of the United
States of America under the provisions of this convention? In the face
of the plain language of the text it seems too absurd and unreasonable
to be contemplated, and yet it is a fact.
This convention was proclaimed in December, 1894. According to its
provisions, it was to remain in force only for a period of ten years,
but that if six months before the end of that period neither Power
should give notice of denunciation it should be extended for a similar
period. Such notice was, however, given by China to the United States
and accordingly the convention expired in December, 1904, and is now no
longer in force. No serious attempt has since been made by the United
States Government to negotiate a new treaty regarding Chinese laborers,
so the customs and immigration officials continue to prohibit Chinese
laborers from coming to America by virtue of the law passed by
Congress. It will be seen that by the treaty of 1868, known as the
"Burlingame Treaty", the United States Government formally agreed that
Chinese subjects, visiting or residing in the United States, should
enjoy the same privileges and immunities as were enjoyed by the
citizens or subjects of the most favored nation; that being so, and as
the convention of 1894 has expired, according to the legal opinion of
Mr. John W. Foster, and other eminent lawyers, the continuation of the
exclusion of Chinese laborers and the restrictions placed upon Chinese
merchants and others seeking admission to the United States are not
only without international
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