Mr. Hay to Mr. Wu.

No. 79.]

Sir: Referring to our interview on the 14th instant, at which you desired me to ask the Attorney-General by what process cases of exclusion from the United States of Chinese subjects of the exempt classes, referred to in his letter of the 23d ultimo, could be brought before the United States Supreme Court for decision, I have the honor to inform you that I am in receipt of a letter from the Attorney-General of the 19th instant, answering the inquiry.

In his letter the Attorney-General says that the court could not be given jurisdiction upon an agreed statement of facts, but that a case in which the question arises will have to be taken through the various courts to the Supreme Court. He adds that he has written to the Secretary of the Treasury asking whether any case is now pending [Page 195] in which the questions are involved, and which might be brought to the Supreme Court for its decision, and that he would be glad to confer with the counsel of your legation upon the subject.

Accept, etc.,

John Hay.