The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-07-11
IT WAS A BLUNDER.
The United States Commissioner
Made a Mistake
IN SENDING oHINAMAn TO CANADA

Certificates Issued by the Canadian
Authorities Have No Weight in
the Matter-Newly Arrived China
men Found Here Must Go Back to
the Flowery Kingdom.
WASHINGTON, judy II. = Assistant
Secretary Spaulding has written let
ter to the collector Of customs at De-
troit, Mich, based upon an opinion Of
Attorney General Miller, in which he
says: "The department is in receipt of
your letter of the 27th ult., in which
you report that three Chinese 1aborers
found to be unlawfully in the United
States, and whom the department in
structed you to send to San Francisco
for transportation to China, have been
returned to Canada by order Of United
States commissioner at Detroit. It ap-
Pears that these three persons crossed the
river from Canada to Detroit in a row.
boat, and on landing were arrested by
your officers. 1t is undispated that they
were unlawfully in the United States,
but in view Of the fact that they were
possessed of certain certificates issued
by Canadian authorities, permitting
them to return to Canada, the commits
sioner held that the law required him
to return them to Canada, and such ac-
tion was taken, with the acquiescence Of
the United States attorney.
The Attorney Generals Opinion.
"As this decision was contrary to the
views of the department and decisions
of other courts in like cases the opinion
OF the attorney general was asked upon
the state Of facts presented by your let
tor and previous kilograms, copy of
which IS herewith inclosed for your in
formation and guidance. It will be
seen that the attorney general fully sus-
tains the action Of this department. In
all cases Chinese laborers found to be
unlawfully III the United States should
be returned to China, even though they
enter the United States from some other
foreign countries, unless it is made to
appear thet they are subjects of some
country other than China. A certificate
OF tho character referred to does not
tend to establish such fact. It is under
stood to be issued by the Canadian gov
ernment as evidence that the holder had
paid tho head tax office $50 exacted Of
oil Chinese on their first arrival in Cam
ada. and its possession entities the holder
70 leave or return at pleasure, SO far as
tho CanadiSn authorities are concerned,
but it is in no seS.s any evidence of cit
izenship in Canada.
Must Go Back to China.
1.-THE several acts Of congress provide
for the return OF these prohibited persons
to China, and an express appropriation
of money has been made For the pur-
pose. 1t is presumed that the opinion
Of the attorney general will remove all
doebtB as to the proper construction to
be given to the several acts of congress
on the subject, and that no other in
structions will be needed to give them
practical effects The necessity of
strict enforcement Of tho law is made
apparent by the statement in your letter
that within twenty four hours from the
time these men returned to Canada they
were making every effort to induce
some one to carry them across the river
in rowboat in the night time. We
may safely assume that those men are
now in the United States.n
The opinion of the attorney general in
the matter is very elaborate and ex-
haustive He says in conclusion: "In
my opinion under the law persons
found to be unlawfully in this country
may be removed directly to China un-
less they shall show that they are not
subjects of China. and that they are the
subjects of some foreign power"