The treaty provisions governing the case are as follows:
ART. I. * * * 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. * * *
ART. II. Chinese subjects, whether proceeding to the United States as
teachers, students, merchants, or from curiosity, together with their
body and household servants, * * * 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.
Section 6 of the amended Chinese immigration act of 1884 purports to
secure this treaty right to the exempted classes named by means of
prescribed certificates of their status, which certificates shall be the
_prima facie_ and the sole permissible evidence to establish a
right of entry into the United States. But it provides in terms for the
issuance of certificates in two cases only:
(_a_) Chinese subjects departing from a port of China; and
(_b_) Chinese persons (_i.e._, of the Chinese race) who may at
the time be subjects of some foreign government other than China, and
who may depart for the United States from the ports of such other
foreign government.
A statute is certainly most unusual which, purporting to execute the
provisions of a treaty with China in respect of Chinese subjects, enacts
strict formalities as regards the subjects of other governments than
that of China.
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