No. 43.
Mr. Cadwalader to Mr. Seward.

No. 74.]

Sir: I have to acknowledge the receipt of your No. 95, giving the substance of a conversation which occurred in the course of a visit paid to the foreign office, concerning the questions that have arisen in California in connection with the emigration of the Chinese.

You state that you mentioned the difficulties of our experience in California, owing to the habits and isolation of the Chinese and other causes, and gave assurances of the benevolence of our Government and people, and of our indisposition to allow discrimination to be made against any classes resident within our borders, and that you also took occasion to dwell strongly upon the need which exists of establishing a legation at Washington and a consulate at San Francisco.

You also state that in reply you were informed that a mission would soon be established at Washington, and that your statements as to the need of a consulate at San Francisco would be borne in mind, but that they must look to our Government to protect their people, and seemed to feel confident that this protection would be extended, and expressed the wish that their countrymen might be treated as well everywhere as in the United States.

You also inclose a copy of a note dated the 29th of June, received from the Yamen, to the effect that a communication has been received from the northern superintendent of foreign trade in reference to statements constantly appearing that persons in the city of San Francisco were in the habit of molesting Chinese; that the Chinese, upon arrival [Page 60] in that city, were often assailed, and that the question of measures for the suppression of Chinese immigration had been discussed. In this communication the Yamen call attention to the 5th and 6th articles of the supplementary treaty with the United States, and state that the purport of this treaty is that the people of either country may be at liberty to come and go at will, and kind treatment on either part should be accorded. The Yamen request you to communicate with this government, and ask that, in accordance with the treaty, the commission of such acts may be prevented, for the maintenance of friendship between the two nations.

It is not easy to give more than a general reply to the note from the Yamen, the complaints being based on no particular occurrences, and asking no more than a general observance of treaty obligations. There are doubtless difficulties, arising in part from the result of competition in labor, and as to which some political questions seem to have arisen. There are also many difficulties to which you have adverted: the unwillingness of the Chinese, even if able so to do, to really become a part of the people of the country, or to lay aside their own habits of life and their intention to return to their own country. Inquiry is now proceeding in reference to all these questions, and Congress at its last session appointed a committee from the Senate and House of Representatives to proceed to California and report upon the subject. It must be sufficient, therefore, at this time, without treating of the subject in particular, to assure the Yamen, in reply to their note, that the United States recognize the obligation of all the provisions of treaties which have been made with China, and will endeavor at all times to carry out in good faith all such provisions.

Difficulty arises when dealing with individual or temporary excitements, such as have been manifested not unfrequently in China as against our own people or other foreigners, and this difficulty will assuredly be appreciated by the Chinese authorities.

Considering the large number of Chinese emigrants who have come to the United States, and considering the small number of our citizens who have gone to China, we might naturally expect more frequent cause of complaint to arise from Chinese in this country than from Americans in China; such, however, is far from the case. The Chinese who have come to us have engaged in whatever business they pleased, and settled in such portions of the country as they preferred, and no restraints, so far as residence and occupation are concerned, have been imposed upon them.

Your suggestion that the establishment of a legation in Washington and of a consulate at San Francisco would tend to a freer communication between the two countries was a proper one, and this course would tend to afford a more ready channel of redressing any particular grievances.

Both nations must deal carefully and watchfully with the great problem, and endeavor to prevent any real cause of complaint in either country.

I am, &c.,

JOHN L. CADWALADER,
Acting Secretary.