National Republican., 1883-01-08
Chinese Travellers.

The following note has been addressed by the
secretary Of state to the Chinese minister on
the subject of Chinese travellers in the United
States:
DEPARTMENT or STATE, WAsInNGToS jan G.
1888 Mr.. CuENu TsAo JU ,yc-Sr: on the 18th ul
June, 1889, the charge dHlairs ad interim of your
legation, Mr.. Isu SHOW Pang, wrote to me touch
ing the question arising under the act OF May q,
1882 relative to the transit across the territory of
the United States Of Chinese labOrers proceeding
to or returning from Cuba ana other foreign
l nm 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 Il third country, Is permissible under
the net in question, with certain precautions
against abuses.
An opinion which have received from the at.
torncy general sets forth the ground on which
this conclusion is reached, which, briefly recapit.
ulated are as follows:
The preamble of the act itself reads: "Whcreas,
in the opinion of the government of the United
States the coming Of Chinese labDrCrs to this Cun.
try endnngers the good order of certain localities
within the territory thereof" and IL is thereupon
enacted that "tho coming Of Chinese labor
oTs TO the United States be suspended
and during such suspension IL shall not be lawful
ior any Chinese luhoror to come or having SO
come, ., p" TO remuin within the United
States"
November, 1850, the provisions whereof 1t is des.
igncd TO execute. In that treaty II is promised
that "a modification ofcNtsling treaties" has be-
como necessary III consequence OF lt luCEtuSllg
immigration OF Chinese laborers and The cmbar-
rassment caused by such immigration, and there
upon the government of China agrees that whon-
ever in the opinion of this government, Injurious
effects are threatened or caused by "thG coming
of Chinese laDorers To the United states or their
residence therein such coming or residence may
be regulated, limited or suspended, but may not
be absolutely prohibited, The treaty adds: The
limitation or suspension shall be reasonable and
shall apply only TO Chinese who may 80 to the
United states as lnborors other classes not being
included in the limitations, Legislation taken in
regard to Chinese labOror5 will be OF such Il char
meter only as Is necessary toCnilrco the Teguation
Limitation, or suspension OF immigration, uud i'm
migrants shall not be subject to personal mall
treatment or abuse"
In the view ofthe attorney general the act OF
9th May, 1850, being intended to carry into effect
the SpulutlOns OF the treaty. is to bo construed in
the light thereof, ana has reference only to the
Chinese who come here to stay rs mbOrers II Is
only with immigrants and with those who come
as MbOreIs that the treaty and the statute dCal,
Looking, therefore, ~ the mischief aud the rem
edy, aud To the treaty aud tie act ukgn togo her,
this government, adopting the conclusion OF the
attorney general, " does not think thut u Chinese
laborer coming to this country merely TO PASS
through II can be considered as within the pro-
hiUitiOn Of tho law, he being neither mn lnlmi-
grgll nor Il laborcr coming here ~ a luborer"
with reGard TO the necessity ol chinese iaDorers
in transit being provided with evidence that they
are not Chinese coming here MS immigrants or as
lngorers, the attorney general says;
As the prohibition of the act applies to Chinese
lab0rcrs coming into tho country to slay.l, labor
Crs, and Hs the regulations touching certificates Of
Identification prescribed by tho 18th ana 9TH Sec
tiOuS are auxiliary TO that end aud intended 10
prevent FRAUDS upon thp act, and therefore appi-
cable only to Chinese coming here for permanent
or temporary residence, am OF opinion That
Chinese passing through this country to other
countries are not required, before passing our Dor.
refs 10 produce the specified certificate Ot idGut.
tlCation, provided they competenlly prove in some
other manner their status rs mere transient pNs-
Bengers; Of course the certificate would dispen,o
with other proof The character Of such proof
may very properly bercsulaIed by the secretary Of
the treasury.
have brought the matter in this shape to the
attention of the secretary Of the treasury, and re-
que,iod that he will frame such regulation, Ms
may be necessary to permit the transit OF Chinese
labOrurs, As soon as the action of my colleague
shall be made 10 me, viii communicate II to you.
Accept, sir, Il renewed assurance of my high
consideration, FREp'E 4. FRELSGHUYsEN,