The semi-weekly miner., 1886-04-10

In the cases most likely to arise in che ordi
nary course OF commercial intercourse. Th,
PRESIDENT here quotes the provisions of til,
treaty and of the Immigration Act OF 1SS4
VI the latter he says the statute il certainly
most unusual which. while Eurporting to ex
ecate the provisions OF a treaty with China
enacts fOrmalities rs reglryls the snhiects
OF other Governments than that of China
He calls the earnest attention Of Congress-
to the ecircnmstancet that the statute makes
no provision whatever for the somewhat t
numerous class OF Chinese persons, who
RETAINING CHINESE sURJEcTIoN.
in some countries other than China, desire
| tn come from such countries to the United
States. Chinese merchants, he SAYS, have
trading operations OF magnitude thronoh.
! out the world. They do not become citi-
zens OF the country where they may tenn.
porarly reside and trade; they continue
to be subjects Of China and to them the
| explicit exemption OF the treaty aupiies.
let II such subject is the head OF a mercan-
tile house at Hongkong or Yokohama or
Honolulu or Havana or Colon he is met
with the requirement that he must pro.
duce a certificate in the prescribed form
and IN the English tongue, issued by the
thInese Government. Ii there be at the
place OF his residence no representative of
..ie Chinese Government competent to issue
the certificate i'll the prescribed form he can
obtain none and is under the provisions Of
the present law nnjostly debarred from
leaving the United States. The Secretary
OF the Treasury underto ook 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 diploma tic officers in
foreign ports Of departure when visited bv
the United States representative thereat.
tie, however, the President says, went be-
yond the spirit Of the act and judicial de.
eisions by providing in q circular dated
January IL, 1856, the ORIGINAL issuance
Of certificate by the United States Con
slliar officer at the port Of departure in |
The absence OF Chinese Consular or tlipIO-
matte represen tative should be accepted.
This circular was amended on the 18th |
u June following, by striking out the
lause prescribing original certification by =.
United States Cons lis. The effect OF this
amendment, the President says, is to de-
rive any certificate the United States Con. | 6
uls may issue OF the value it purports to t
'ossess. The complaint OF the Chinese .
llnlster is that the Chinese Minister Law
ang OF the house Of King Lee & Co., of
an Francisco. having arrived at San d
rancisco from Hong Kong, and having a q
ertiiicate OF the United States Consul at i,
Long Kong rs to his status az merchant.
Ii consequent exemption under the treaty,
as refused permission to land and was
mt back to Hing Kong by the steamer p
hich brought him. 1t is to be remembered. A
'e President says, that there is at Hong O
on no representative OF the Government =,
China, competent or authorized TO issue =
le certificate required by statute. 1.-THE a
tent OF Congress to legislate in the execu, tt
on of the treaty" the President says zig p
us defeated by a prohibition directly q,
htr:try to the treaty and the conditions -,
e exactly what, in tn. words OF the ~
preme Court, it was physically imposs- &c
: to perform. This is all anomalous VI
lture which should be reformed as be
eetily as possible III order that the IN
curlence OF such cases may be avoided =.
q the lmputati0n removed winch would u"
Lerwise impugn the good faith OF the or
Ited States in the execution OF their wi
emn treaty engagamauta ~.