No. 54.
Mr. Cheng Tsao
Ju to Mr. Frelinghuysen.
Washington, March 7, 1884. (Received March 7.)
Sir: I have the honor to inform you that, since the act relating to Chinese immigration went into effect, whenever resident Chinese subjects who are merchants, travelers, students, &c., have returned to China or have left for other countries, the Chinese consul-general at San Francisco, in accordance with the practice of consuls of other countries, has issued certificates to Chinese subjects leaving the United States. This has enabled them to furnish evidence on re-entering the country, when presented to the collector. This the Chinese consulate has been doing for more than a year with the knowledge of the customs authorities.
I have recently received a communication from our consul-general at San Francisco stating that on the 19th ultimo he received a note from the special deputy collector, Mr. Jerome (a copy of which I inclose), in which he states:
I have determined to issue to Chinese merchants departing from the United States, on application, a certificate on the form inclosed, which will be furnished without charge, and be recognized on return of the holder as prima facie evidence of his right to re-enter the United States. This decision has been made public. Therefore, any certificates or passports issued by your office after this date will not be regarded by the customs officers upon presentation, &c.
I respectfully ask whether this decision is authorized by the Government of the United States?
Article I of the supplementary treaty provides that “the limitation or suspension shall be reasonable, and shall apply only to Chinese who go to the United States as laborers, other classes not being included in the limitations.” Article II states that “Chinese subjects, * * * as teachers, students, merchants, or from curiosity, &c., shall be allowed to go and come of their free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most favored nation.” Now, when the Chinese consul-general issues certificates to returning Chinese merchants, they consider it a great convenience; besides, it is the most satisfactory evidence to be used on re-entering the country. If such certificate is totally ignored, it seems to me that privileges, &c., guaranteed by treaty stipulations to the exempted classes, permitting them “to go and come of their own freewill and accord,” and to enjoy the same “rights, privileges, immunities, and exemptions as are enjoyed by the citizens or subjects of the most favored nation,” cannot be enjoyed by resident Chinese merchants, &c., under the above decision.
[Page 107]The collector at San Francisco has been, in accordance with the act, issuing certificates to Chinese laborers leaving this country, but he has never been in the habit of issuing certificates to Chinese merchants departing from this country. In doing this your Government has observed the treaty, treated the latter considerately, and made a distinction between the exempted classes and Chinese laborers. Now, if Chinese merchants and other exempted classes depart from the United States, the collector issues certificates to them. They are thus treated in the same manner as Chinese laborers. The consul-general, being Chinese, knows how to discriminate the different characters among the Chinese residents.
If an application for a certificate is made, it is very easy for him to make the investigation. If the Chinese merchants apply to the collector for certificates, nine out of ten not being able to understand the English language, they must depend upon an interpreter. This causes much inconvenience.
I lay the above points before you, Mr. Secretary, hoping that you will consider them fairly and justly, in order that the subject be treated in consonance with the provision of the fourth article of the supplementary treaty, “to the end that mutual and unqualified benefit may result.”
Accept, sir, &c.,