National Republican. (Washington City (D.C.)) 1872-1888, 1886-05-22
TIMES REVENGEs.
Open Letter to the Secretary OF state
Mosby to Bayard,

SAN FRANCISCO, May l3, lSsO-llON.
THOMAS +. BAYARD, SECRETARY OF STATE
Sir! My attention has Just been called
to executive documents d [conhdcntiall
and No 1lS, published by order OF the
Senate, relating to e.subiect of Chinese
immigration. In memorandum dated
Aug. 3, 1855, the Chinese minister at Wash.
ingtOn requests you to instruct the newly
appointed United States consul at Hong
Kong to issue certificates to Chinese deslr-
ing to come TO the United States, iu accord
ance with the circular OF Secretary Me-
CullOuCh Of Dec. g, 1854, and In reply to
him you state that the only obstacle to the
execution Of those instructions had been
certain technical objections raised by me
while consul at Hong Kong. Aud further,
in letter to the Secretary Of the Treasury on
Aug. IL last, informing him OF your com
pliunce with the wishes OF the Chinese minis
ter, you refer TO "Mr. MOsby's objections
ito the Mccullough circular) being appar-
emily madc'n the spirit Ofinsuborliuations so
often manifested by him, and which led him
to embark in argument against many Of the
orders which 1t became his duty to ex.
ecute,n &c. had received at Hong Kong
letter from the consul for China at this
port requesting me to issue certificates to
Cinnamon desiring to come here. Instead
OF complying with It, addressed dis.
patch TO the State Department, over which
you had Just been called to preside, in which
! assigned as the reasons for my refusal,
1) that the Department Of state, 10 whose
orders | was subject, had given Inc no In
struCtions on the subject, and (2) that the
McCulloch circular was in conflict with the
restriction act. 1t was directed to collec-
tors OF customs and instructed them to
permit Chinese to land on consular certif.
Gates. You knUw-Or ought TO know
NIaN e l.Tf la ~,
more authority to issue an order to consuls
than to the commander Of the army, aud ii
he were to do so, 1t would be an intrusion
on your Jurisdiction. ! never received any
orGcrfrom the Secretary Of the Treasury and,
consequently, never disobeyed one. did
criticise, In my dispatch, the circular Of n
former Secretary Of the Treasury as having
been issued without authority Of law, and
In doing so | was simply exercising the
right Of a citizen, The people OF the Onited
States will not accept fromyou the Oriental
theory Of government that eXacts from Off
Clals the blind submission of the followers
of the Yelled Prophet of Khorassin: nor will
they hold me guilty Of iusuborduation be-
cause / refused TO aid IN enforcing an un-
lawful executive edict. AS long as | re-
mained at Hong Kong you made no reply
to my dispatch, but on Aug. 1Owhen twas
known that my successor had taken charge
of the Office, aud was far away on the bill
lows, you inditcd instructions to him In
which you bClittle my argument as being
specious and technical, aud direct him TO
issue the certificates by the minister for
China. 1t seemed then that perfect har
mOny had been restored between the Chi
nesC legation and at least two departments
Of the government. You had set the seal OF
your condemnation on my official life, and
turned the tide of Asiatic emigration to
America. / did not then dare to hope that
my Vindication would come SO soon, When,
IN pursuance Of your orders, Chinese began
to land here on consular certificates, a howl
went up from the Pacific coast more potent
with you than the argument had addressed
from Hong Kong. The treasury orders, as
well as your Instructions to consuls, were
promptly must say, ignominously--re
| yoked, and you permitted Cinnamon, who
had crossed the sea in reliance on the pro.
| lection of your consular certificates, to be
| sent back to their homes. | was never aC-
cused Of such an act of Punic faith while
representing the government. If the de-
| partment order was in accordance with the
| law, then 1t should have been enforced even
| though the heavens fell; but ifit was not,
then | was right not to be governed by
| II, But again-on April 6-the President
sent message to the Senate, accompanied
| by letter from you. recommending that the
restriction act be so amended as to permit
Chinese to enter the United States on certi-
ilcates from consuls. In August last you in
| structcd my successor to issue such certiii.
| Gates, ard charged me with insubOrdination
for not doing it. You then recalled your
instructions; and now you ask Congress to
amend the law so as to enable consul to
do what you then said he had the right to
do. II the law has already conferred the
power, why do you want to amend III
Without intending it, you have been my
ayenger, and now, II you possess one spark
Of the chivalry Of that pure knight from
whom you trace your claim to long descent
you will by public confession of errol
make atonement for the injustice you have
done me. have the honor to be, sir YOU
obedient servant, JSo. s. MosBY.