The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-01-07

i
secretary of state to the Chinese
minister on the subject of Chinese
travellers in United States:
DEP ARTNIENT OF STATE,
WASHINGTON, 1888.
Mr.. Ching Tsao Jtte, etc, ETC.. etc
Sir-On the 2Sth of June 'S2, the
charge de affairs GG interim of your
legation, Mr.. Tsu Chan Pang wrote
to me touching the question arising
under the act of May 9th, 80, rela-
tive to the transit across the terri
tory of the United States of Chinese
laborers proceeding to or returning
from Cuba and other foreign coun-
tries. [ am happy to inform you
that this government has reached
the conclusion that the transit
through the United States of
Chinese subjects proceeding to or
from q third country is permissible
under the act in question, with
certain precautions against abuses.
An opinion which | have received
from the attorney general sets
forth the ground on which this con-
clusion is reached which, briefly
recapitutated, are as follows: The
preamble Of the act itself reads:
Whereas, in the opinion Of the
government of the United States
the coming of Chinese laborers to
this country endangers the good
order of certain localities within
the territory thereof, and it is there
upon exacted that the coming of
Chinese laborers to the United
States be suspended and during
such suspension it shall not be law
full for any Chinese laborer to come,
or having so come, to remain within
the United States. The act is
based on the treaty of the 18th of
November, 1880, the provision
whereof it is designated to execute
in that treaty. 1t is promised q
modification of the existing treaty
has become necessary in conse-
Iquence Of the increasing immigra-
ltion of Chinese laborers, and the
embarrassment caused by such
immigration; and thereupon the
government of China agrees that
whenever in the opinion Of this
government, Injurious effects are
threatened OF caused by 1.-THE COM
ling of Chinese laborers to the
United States, or their residences
therein; such coming or residence
may be regulated, limited, or sus-
pended, but may not be absolutely
prohibited. The treaty adds: 1.-The
limitation OF suspension shall be
reasonable, and shall apply only to
Chinese who may go to the United
States us laborers; other classes not
being included in the limitations,
Legislation taken in regard t.
, Chinese laborers, win be OF such
. character only as is necessary t.
, enforce the regulations, limitation
OF suspension of importation anC
/ migrants shall not he subject tt
{ personal maltreatment. In the
view Of the attorney general tbs
f act Of the 9th of May, 1880
! being intended to carry into the Of
, feet the stipulations of the treaty
! is TO be construed in the light
! thereof and has reference only tC
5 the Chinese who come here to stay
, as laborers. 1t is only with immi
, grants and with those who come
as laborers that the treaty and the
, statute deals. Looking therefore al
the mischief and the remedy and tC
! the treaty and the act taken to-
J gether, this government, adopting
the conclusion Of the attorney gen.
eral does not think that a Chinese
laborer coming to this coun-
; try merely to pass through
it can be considered as
within the prohibition of the law.
, he being neither an immigrant mol
! a laborer, coming here as labOrers,
= With regard to the necessity OF
Chinese laborers in transit being
provided with evidence that they
: are not Chinese coming here as en-
! igrants, or as laborers, the attorney
{ general says, as the prohibit of the
act applies TO Chinese laboTers
coming into the country to stay as
ilaborers and as the regulations
! touching certificates of Identified
! ton prescribed the fourth and sixth
sections are auxiliary to that end
and intended to prevent frauds.upOn
the act, and therefore applica-
bic only to Chinese coming
, here for permanent or temporary
residence. am of opinion that Chi
, nese passing through this country
to other countries, are not required
before crossing our borders to pro-
duce the specified certificates of
Identification, provided they COM
petently prove in some other man
ner their status as mere transient
passengers. OF course, the ccrtif-
cate would dispense with other
proof. Tie character Of such proof
may very properly be regulated by
the secretary OF the treasury
| have brought the matter in this
! shape to the attention of the
secretary OF the treasury and re
Queste6 that he will frame suef
regulations as may be necessary t.
T permit the transit of Chinese labor
s. ers. AS soon as the action of my col
: league shall be made known to me
= I Will communicate it TO you. Ac'
!, cept sir, q renewed assurance Of N,
high consideration.
/, (Signed) FRED'K FRELINGHUYsES
, 1