No. 185.
Mr. Yung
Wing to Mr. Evarts.
Washington, March 2, 1880. (Received March 2.)
Sir: Your communication of the 17th ultimo, containing an inclosure of a translation of section cclv of the penal code of China, as translated by Sir George Thomas Staunton, and inquiring “whether the same correctly represents the law, and whether it is now understood to be in force in all or any part of the dominions of His Imperial Majesty,” was duly received, and I have the honor to say in reply that section cclv of the Chinese penal code referred to has no reference whatever to Chinese emigration as contemplated in and sanctioned by the Burlingame treaty. Under the general head of “Renunciation of allegiance,” the specific acts so carefully defined, with their corresponding punishments, point to the presumptive existence of a lesser or greater degree of treasonable intent against the government, and it contemplates conspiracies and overt acts of rebellion against the government as being the logical sequence of “renunciation of allegiance,” which antecedes them both in time and existence; hence their classification under that head or section. Emigration, as sanctioned by foreign treaties, is taken out of the category of treasonable acts, and is therefore beyond the scope of the section.
In Article V of the Burlingame treaty we find this language, which is conclusive on this point: “The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance.”
Accept, &c.,