Mr. Denby to Mr.
Gresham
Legation of the United States,
Peking, January 24,
1894. (Received March 15, 1894.)
No. 1794.]
Sir: I have the honor to inclose herewith a
translation of a communication received from the Tsung-li-Yamên, wherein
I am requested to instruct the consuls at the various Chinese ports to
prohibit vessels of the United States from transporting coolies to
Brazil. I inclose, also, a copy of my reply thereto.
Formerly this subject was specifically treated in the Consular
Regulations. (See Consular Regulations, 1881, p.
115, par. 347 et seq.) These sections were omitted from the Consular
Regulations of 1888. On page 109 of these regulations it is stated that
the provisions of the acts of Congress, Revised Statutes, sections
2158–2162, relating to the importation of coolies, are practically
suspended by the act of July 5, 1884, and for that reason they are not
reproduced.
This construction is rather narrow, and should not, in my opinion, find a
place in any new edition of the regulations. It is true that sections
2158–2162, Revised Statutes, 1878, are superseded by the act of July 5,
1884, and later acts, so far as transportation of coolies to the United
States is affected, but the said sections are not limited in their scope
to the question of transportation to the United States alone. Section
2158 is applicable to the transportation of coolies “subjects of China
or Japan or any other oriental country, from any port or place to any
foreign port or place.”
The general subject of transporting coolies was discussed by this
legation as early as 1871.
I have the honor, etc.,
[Page 137]
[Inclosure 1 in No.
1794.]
The Tsung-li-Yamên to Mr. Denby.
The prince and ministers have the honor to state that they have
recently received a communication from the governor-general of the
two Kuang provinces to effect that the advertisement for coolies at
Macao for foreign countries has for years been distinctly
prohibited.
During the month of September last certain persons had posters put up
on the streets inviting coolies to embark for Brazil, that the
German steamer Tetartos had been chartered
for the purpose of carrying them thither, and the governor-general
requested the Yamên to investigate the matter and have instructions
issued prohibiting this traffic.
The Yamên would observe that no rules have been arrived at between
Brazil and the Chinese Government in the matter of the exportation
of coolies to Brazil, and the Brazilians have no right to privately
seek the employment of coolies at Macao. Furthermore, steamers of
all nations have no right to be engaged in carrying coolies to
Brazil. The Yamên has written to Baron Schenck, the German minister,
requesting him to instruct the German consuls at the treaty ports to
prohibit the carrying on (by German vessels) of this traffic.
The Yamên has further received a note from the inspector-general of
customs stating that he has heard that there are one or two vessels
at Macao for the purpose of transporting coolies abroad.
The Yamên now, besides having addressed his excellency the Portuguese
minister on the subject, as in duty bound, addresses this
communication to the minister of the United States, requesting him
to instruct the U. S. consuls at the various ports to look into this
matter and prohibit the vessels of the United States from engaging
in the transportation of coolies to Brazil, thus consolidating the
friendly relations between the two countries, which is a matter of
importance.
A necessary communication addressed to His Excellency Charles Denby,
U. S. minister.
[Inclosure 2 in No.
1794.]
Mr. Denby to
the Tsung-li-Yamên.
The minister of the United States has the honor to acknowledge the
receipt of the communication of the prince and ministers of the 21st
instant. The prince and ministers therein request the minister of
the United States to instruct the U. S. consuls at the various ports
to look into this matter and prohibit the vessels of the United
States from engaging in the transportation of coolies to Brazil.
The minister of the United States, in reply, takes pleasure in
stating that the laws of the United States prohibit, under heavy
penalties, the use of American vessels for the transportation of
coolies from China, or any other place, to be held to service or
labor in any other country. Such transportation is permissible only
when the emigration is voluntary, and the consuls must give
certificates stating that fact. The attention of the consuls will be
called to this law and they will be directed to enforce it
strictly.
The minister of the United States avails, etc.
