The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-04-07
RIGHTS OF lHE CHINESE.
A MESSAGE FROM THE PRESI
DENT TO THE SENATE.
What They Are Entitled 10 Under
Treaty StipulatiOns-Where the
Law Has Been VIOLATED.

received from the President TO dav a
long message transmitting a CORE
spondence between the Secretary of
State and the Chinese Minister, with
regard TO the treaty rights of Chinese
subjects other than laborers, "to 90
ana come Of their own free will and
accord The President says that cases
of individual hardship beyond the
power of the executive to remedy h We
occurred in the application of the Chi
nese acts, which are due to the am
higuous and defective provisions of
the acts Of Congress. The hardship
has, in some cases, been remedied by
the courts, but in Others, where the
phraseology has appearedto be conclu-
sive against any discretion on the part
of the officers, Chin Sc persons ex-
pressly entitled to free admission UNI
der the treaty have been refused a
landing, and have been sent back to
the country whence they came with
out being afforded an opportunity to
show their rights. The act of July 3,
1884 the President says imposed an
impossible condition in not
PROVIDING FOR THE ADMISSION
under a proper certificate of Chinese
travellers of the exempted class in
cases most likely to arise in ordinary
commercial intercourses. The Presi-
dent here quotes the provisions of the
treaty and of the immigration act of
1884. OF the latter he says a statute
is certainly most unusual which, pur-
porting TO execute the provisions of
treaty with China, enacts formalities
as regards the subjects OF other gov
ernments than that of China. He
calls the earnest attention of Congress
to the circumstance that the statute
makes no provision whatever for the
somewhat numerous class of Chinese
persons who, retaining the Chinese
subsection in some countries other
than China, desire to come from such
countries to the United States. Chi
nese merchants, he says, have trading
operations of magnitude throughout
the world. They do not becomes citi-
zens OF the country where they may
temporarily reside and trade. They
continue to be subjects of Oh ma and
to them the explicit exemption OF the
treaty applies. Yet if such a subject
is the head of mercantile house at
Hong Kong, or Yokohoma, or Homo
lulu, or Havana, or Colon, he is met
with the requirement that he must
produce
CERTIFICATE IN PRESCRIBED FORM
and in the English tongue. issued by
the Chinese government. If there be
at the place of his residence no repre-
sentative of the Chinese government
competent to issue a certificate in the
prescribed form, he can obtain none,
and is, under the provisions of the
present law, unjustly debarred from
entering the United States The Sec
rotary of the Treasury undertook to
remedy this omission by directing
the revenue officers to recognize as
lawful certificates those issued in favor
of Chinese subjects by the Chinese
consular and diplomatic officers at the
foreign port of departure when signed
by the United States representative
thereat He, however, the President
says, went beyond the spirit of the
act and judicial decisions by providing
in circular dated January IA, 1875,
for the original issuance of certificate
by the United States consular official
the port of departure in the absence
of Chinese consular or diplomatic
representative. This circular was
amended on the 18th of June follow
ing by triking out the clause prescrib-
ing original certification of status by
United States Consuls. The effect of
this amendment, the President says,
is to deprive any certificate
UNITED STATES coNsULs
may issue of the value it porports to
possess. The complaint of the
Chinese Minister is that the Chinese
Minister, Lay Sang, of the house of
King, Lee q Co. of San Francisco,
having arrived at San Francisco from
Hong Kong, and exhibited a certificate
of the United States Consul at Hong
Kong as to his status as & merchant,
and consequent exemption under the
treaty, was refused permission to land,
and was sent back to Hong Kong by
the steamer which brought him. 1t is |
to be remembered, the President says,
that there is at Hong Kong no repre-
of the government of China
or authorized to issue the |
certificate required by the statutes |
'ihe intent OF Congress to legislate in
execution of the treaty." the President
'ays, 'is thus defeated by a prohibi-
ion directly contrary to the treaty,
md cond tons are exacted which, in
he words of the Supreme Court, it
vas physically impossible to perform
This anomalous feature of the act
hould be reformed as speedily as
possible in order that the occurrence
II such cases may be avoided, and the
mputation removed which would
otherwise rest upon the good faith of
he United States in the execution of
heir solemn treaty engagement"