Mr. Hay to Mr. Wu.
Washington, January 4, 1899.
Sir: Referring to your note No. 108 of November 7 last, expressing your views relative to the opinion rendered by the Attorney-General to the Secretary of the Treasury, dated August 31 last, regarding the authority under existing laws of consular officers of China in a foreign country to issue certificates prescribed by section 6 of the Chinese exclusion act of July 5, 1884, and expressing also your views relative to an opinion rendered by the Attorney-General to the Secretary of the Treasury, dated July 15 last, to the effect that only the classes of persons expressly named in the first clause of Article III of the treaty of 1894 are entitled to admission into the United States, I have the honor to inform you that a letter has been received from the Attorney-General on the subject, dated the 23d ultimo. In his letter the Attorney-General states that, while he is not able to perceive any valid reason for modifying the opinions referred to, he would be pleased, nevertheless, to have the question raised submitted to the courts for determination, if you are desirous that such a step should be taken, and that, upon a suggestion or request from this Department to that effect, he would proceed, in conjunction with the Secretary of the Treasury, to bring forward cases as soon as possible which would submit for judicial determination the questions covered by his opinions aforesaid.
In line with the Attorney-General’s suggestion, I beg to request that you will favor me with an expression of your views as to his proposed action.
Accept, etc.,