The responsibility on the part of our government implied in the encouragement of a loan thus secured and administered is plain enough and is obnoxious to the principles upon which the government of our people rests. The Government of the United States is not only willing, but earnestly desirous, of aiding the great Chinese people in every way that is consistent with their untrammeled development and its own immemorial principles. The awakening of the people of China to a consciousness of their possibilities under free government is the most significant, if not the most momentous event of our generation. With this movement and aspiration the American people are in profound sympathy. They certainly wish to participate, and participate very generously, in opening to the Chinese and to the use of the world the almost untouched and perhaps unrivalled resources of China. The Government of the United States is earnestly desirous of promoting the most extended and intimate trade relationships between this country and the Chinese Republic. . . . This is the main material interest of its citizens in the development of China. Our interests are those of the open door- a door of friendship and mutual advantage. This is the only door we care to enter. ANTI-ALIEN LAND TENURE LEGISLATION IN CALIFORNIA 3. Extract from Telegram of the President to Governor Johnson of California. April 22, 1913 (New York Times, April 23, 1913) I appeal with the utmost confidence to the people, the Governor, and the Legislature of California to act in the matter now under consideration in a manner that can not from any point of view be fairly challenged or called in question. If they deem it necessary to exclude all aliens who have not declared their intention to become citizens from the privileges of land ownership they can do so along lines already followed in the laws of many of the other States and of many foreign countries, including Japan herself. Insidious discrimination will inevitably draw in question the treaty obligations of the Government of the United States. ADMINISTRATION'S PLANS FOR INTERNA- 4. Statement of Secretary Bryan to the Press. (Commercial and Financial Chronicle, XCVI, 1184) The statement presented to the representatives [i. e., the diplomatic corps at Washington] is only intended to set forth the main proposition, namely that the President desires to enter into an agreement with each nation severally for the investigation of all questions of every nature whatever. This agreement is intended to supplement the arbitration treaties now in existence and those that may be made hereafter. Arbitration treaties always exempt some question from arbitration. The agreement proposed by the President is intended to close the gap and leave no dispute that can become a cause of war without investigation. It will be noticed that each party is to reserve the right to act independently after the report is submitted, but it is not likely that a nation will declare war after it has had an opportunity to confer during the investigation with the opposing nation. But whether or not the proposed agreement accomplishes as much as is hoped for it, it is at least a step in the direction of universal peace, and I am pleased to be the agent through whom the President presents this proposition to the Powers represented here.1 ANTI-ALIEN LAND TENURE LEGISLATION IN CALIFORNIA 5. Extract from Telegram of Secretary Bryan to Governor Johnson of California. May 11, 1913 (New York Times, May 12, 1913) He [the President] is fully alive to the importance of removing any root of discord which may create antagonism between American citizens and the subjects of Oriental nations residing here, but he is impelled by a sense of duty to express the hope that you will see fit to allow time for diplomatic effort. The nations affected by the proposed law are friendly nations nations that have shown themselves willing to co-operate in the establishment of harmonious relations between their people and ours. 6. Extract from a Communication of Secretary Bryan to the Japanese Ambassador at Washington. May 19, 1913 (American-Japanese Discussions Relating to Land Tenure Law of California, Department of State, p. 5) The Government of the United States regrets most sincerely that the Imperial Government of Japan should regard 1 The plan in detail may be found in the text of the first of the treaties, published in American Journal of International Law, VII, this legislation as an indication of unfriendliness toward their people. . . . ... we feel that the Imperial Government has been misled in its interpretation of the spirit and object of the legislation in question. It is not political. It is not part of any general national policy which would indicate unfriendliness or any purpose inconsistent with the best and most cordial understanding between the two nations. It is wholly economic. It is based upon the particular economic conditions existing in California as interpreted by her own people, who wish to avoid certain conditions of competition in their agricultural activities. 1 your note calls attention to certain provisions of the California law which you conceive to be inconsistent with and to violate existing treaty stipulations between the two countries, and thus to threaten to impair vested rights of property. The law, however, in terms purports to respect and preserve all rights under existing treaties. Such is its declared intent. But in case it should be alleged that the law had in its operation failed to accomplish that intent, your Government is no doubt advised that by the Constitution of the United States the stipulations of treaties made in pursuance thereof are the supreme law of the land, and that they are expressly declared to be binding upon State and Federal courts alike to the end that they may be judicially enforced in all cases. For this purpose the courts, Federal and State, are open to all persons who may feel themselves to have been deprived of treaty rights and guarantees; and in this respect the alien enjoys under our laws a privilege which to one of our own citizens may not be in all cases available, namely, the privilege of suing in 1 The full text of this note dated May 9, 1913, may be found in American-Japanese Discussions Relating to Land Tenure Law of California, Department of State, p. 3. the Federal courts. In precisely the same way, our citizens resort and are obliged to resort to the courts for the enforcement of their constitutional and legal rights. Article XIV of the treaty, to which your excellency refers, appears to relate solely to the rights of commerce and navigation. These the California statute does not appear to be designed in any way to affect. The authors of the law seem to have been careful to guard against any invasion of contractual rights. Your excellency raises, very naturally and properly, the question how the case would stand should explicit treaties between the two countries expire or cease to be in force while, nevertheless, relations of entire amity and good will still continue to exist between them. I can only reply that in such circumstances the Government of the United States would always deem it its pleasure, as well as a manifest dictate of its cordial friendship for Japan and the Japanese people, to safeguard the rights of trade and intercourse between the two peoples now secured by treaty. I need not assure your excellency that this Government will co-operate with the Imperial Government in every possible way to maintain with the utmost cordiality the understandings which bind the two nations together in honor and in interest. Its obligations of friendship would not be lessened or performed in niggardly fashion in any circumstances. It values too highly the regard of Japan and her co-operation in the great peaceful tasks of the modern world to jeopard them in any way; and I feel that I can assure your excellency that there is no reason to feel that its policy in such matters would be embarrassed or interfered with by the legislation of any State of the Union. The economic policy of a single State with regard to a single kind of property can not turn aside these strong and abiding currents of generous and profitable intercourse and good feeling... |