The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-04-07
Cleveland and the Chinese.

IeCelFeQ from the ITe>lueuts lO-Ndls q
long message transmitting the CORE
spondence between the Secretary OF
Stale and the Chinese Minister, with re-
gard to treaty rights of Chinese subjects
other than laborers, "to go and come
of their own free will and accord. The
President says that ca es OF indigic-
ual hardship, beyond the power OF the
Executive to remedy, have occurred 10
the application of the Chinese acts,
which are due to the ambiguous and de-
fective provisions of the acts OF Con-
gress.
This hardship has, in some cases, been
remedied by the courts, but in Others,
where the phraseology has appeared 20
be conclusive against any discretion or
the part of the officers, the Chinese per
sons expressly entitled TO free admis-
sion under the treaty, have been re-
fused a landing, ana been sent back 10
the country Whence they came, without
being afforded an opportunity to show
their rights. The act of July 9Th. 1854,
the President says, imposes Impossible
conditions in not providing for thc -.
mission, under a proper certificate. OF
Chinese travellers OF the exempted class
in cases most likely TO arise IN
ordinary commercial intercourse. The
President here quotes the provisions OF
the treaty and OF the immigration act
of 1884. OF the latter. he says, the
statute is certainly most unusual.
which, purporting to execute pro-
visions OF the treaty with China, enacts
formaiities as regards the subjects o.
other governments than that OF China
He calls the earnest attention of Con
gress to the circumstance that the
statute makes no provision whatever,
for the somewhat numerous class OF
Chinese persons, who, retaining
Chinese subjectIon in some countries
other than China, desire to come
from such countries 10 the United
States. Chinese merchants, ne
saws. have trading operations
of magnitude throughout the world.
They do not become citizens OF the
country where they may temporarily
reside and trade. They continue TO be
subjects OF China and to them the ex-
plicit exemption of treaty applies Yet,
/ II such subject Is the head of mer-
camille house az Hongkong, or 1oko-
hama. or Honolulu or Havana, or Co.
Ion. he is met with the requirement
that he must produce q certificate IN
prescribed form and English tongue.
issued by the Chinese government. II
there be at the place of his residence no
representative of the Chinese govern
ment competent to issue certihcate IN
the prescribed form, he can obtain
none and is. under the provision OF the
present law, unjustly debarred
Rom entering the United States.
The Secretary of the Treasury
undertook TO remedy this omission by
directing the revenue officers TO recog-
nize as lawful certificates those issued
in favor of Chinese subjects by the Chi
nese consular and diplomatic officers at
the foreign port of departure, when adj
vised BY the United States representa-
tiyes thereat. He, however, the Presi-
dent saws. went beyond the limit OF the
act and judicial decisions by providing
in the circulur dated January II, 1885 ,fol
the original issuance of a certificate by
: the United States consular officer at tht
, port of departure in the absence OF a
Chinese consular or diplomatic
! representative. This circular wa:
. amended on the 18Th of June following
: by striking out the clause prescribing
, the original certification Of status b.
United States consuls. The effect o
this amendment, the President says, j
to deprive any certificate the UNITED
/. States consuls may issue of the value
purposes TO possess. The claimant o
the Chinese Minister is that the Cnlnes
{ Minister Lay Sang, of the house
King, Lee & Co. of San Francisco. hav
, | ing arrived at San Francisco iron
, Hongkong and exhibited certificate o
the United States Consul az Hongkong
. as TO his status as a merchant, ant
consequent exemption under the treaty
was refused permission to land and wa
sent back TO Hong Kong by the steame
which brought him. 1t is 10 be remem
: berec, the President says that there
4 at Hong Kong no representative OF tn
government of China competent, o
!. authorized, TO issue the certificate re
! duired by statute. The intent OF Con
! gress 20 legislate in the execution Q
the treaty." the President says, Il
= thus defeated by prohibition: directll,
\ contrary to the treaty; and the cond
: tons are exactly which, in the word
of the supreme court. it was PHYSICAL,
impossible 10 perform. This anama
Gus feature, which should be reforme
as speedily as possible, in order that q
n recurrence of such cases may
aooided. and the imputation removed
i which would otherwise rest on tn
; good faith of the United States.
e the execution of their solemn treat
It engagement"