the Chinese
labor immigration concentrates which has caused the embarrassment and
popular discontent. In the subsequent negotiations this definition
dropped out, and does not appear in the treaty. Article II of the treaty
confers the rights, privileges, immunities, and exemptions which are
accorded to citizens and subjects of the most favored nation upon
Chinese subjects proceeding to the United States as teachers, students,
merchants, or from curiosity. The American commissioners report that the
Chinese Government claimed that in this article they did by exclusion
provide that nobody should be entitled to claim the benefit of the
general provisions of the Burlingame treaty but those who might go to
the United States in those capacities or for those purposes. I accept
this as the definition of the word "laborers" as used in the treaty.

As to the power of legislating respecting this class of persons, the new
treaty provides that we "may not absolutely prohibit" their coming or
their residence. The Chinese commissioners gave notice in the outset
that they would never agree to a prohibition of voluntary emigration.
Notwithstanding this the United States commissioners submitted a draft,
in which it was provided that the United States might "regulate, limit,
suspend, or prohibit" it. The Chinese refused to accept this. The
Americans replied that they were "willing to consult the wishes of the
Chinese Government in preserving the principle of free intercourse
between the people of the two countries, as established by existing
treaties, provided that the right of the United States Government to use
its discretion in guarding against any possible evils of immigration of
Chinese laborers is distinctly recognized. Therefore if such concession
removes all difficulty on the part of the Chinese commissioners (but
only in that case) the United States commissioners will agree to remove
the word 'prohibit' from their article and to use the words 'regulate,
limit, or suspend.'" The Chinese reply to this can only be inferred from
the fact that in the place of an agreement, as proposed by our
commissioners, that we might prohibit the coming or residence of Chinese
laborers, there was inserted in the treaty an agreement that we might
not do it.

The remaining words, "regulate, limit, and suspend," first appear in the
American draft. When it was submitted to the Chinese, they said:

We infer that of the phrases regulate, limit, suspend