Mr. Hay to Mr.
Wu.
Department of State,
Washington, September 4,
1899.
Dear Mr. Minister: I have had the honor to
receive your note of the 1st instant, acknowledging this Department’s
communication of the 18th of August last, relating to the exclusion of
Chinese from the Philippines by order of the military authorities.
[Page 211]
In reply to your request it gives me pleasure to send you inclosed copies
of Major-General Otis’s order of September 26, 1898, excluding Chinese
from the islands, with certain specified exceptions, and of
Major-General Otis’s report dated April 1, 1899, showing the rules
followed by customs officials at Manila in the matter of Chinese
immigration.
The circumstance you mention, that the existence of General Otis’s order
of September 26, 1898, was first brought to your knowledge by Mr. Adee’s
personal note of August 18 last, indicates that the military measure
adopted by him had worked without friction or hardship, and this
deduction is confirmed by the advices telegraphed by General Otis in the
early part of last July, that past difficulties existing between Chinese
consuls and different Chinese ports were being harmonized, and that any
change from existing methods was not recommended.
I am, etc.,
[Inclosure 1.]
Manila, September 26,
1898.
* * * * * * *
Admission of Chinese.
The laws of the United States which prohibit the entrance of Chinese
will be enforced here.
The exceptions are:
Chinese laborers, skilled or unskilled, formerly resident in Manila
and temporarily absent therefrom, will be allowed to return upon
proper proof of such previous residence, which may be made by
presentation of a Spanish cedula or certificate of the American
consul of the port from which the returning Chinese have sailed.
The closest scrutiny of such cedula and certificates is enjoined, and
in doubtful cases the collector of the port will require them to be
supported by an additional proof, and no Chinaman of whatever
nationality will be permitted by him except upon conclusive proof of
previous residence.
There will be exempted from the above restrictions the parties named
in article 3 of the convention between the United States of America
and the Empire of China, published in Supplement to the Revised
Statutes of the United States, volume 2, pages 155–157, to wit,
Chinese officials, teachers, students, merchants, or travelers for
curiosity or pleasure. The coming of these classes of Chinese will
be permitted upon production of a certificate from their Government,
or the government where they last resided, viséed by the diplomatic
or consular representative of the United States in the country or
port whence they depart, supplemented by such further proof as is
required in section 6 of an act of Congress approved July 5,
1884.
All Chinese entering the port shall register at the office of the
Chinese consul or consular agent.
It is also directed that the following regulations shall govern the
return to this port of Chinese laborers, skilled or unskilled,
residents of Manila, who leave this port after this date:
Every such Chinese laborer will, before his departure from this port,
report to the collector of customs or his deputy, who will enter in
the registry to be kept for that purpose the name of such laborer,
his age, occupation, physical marks or peculiarities, and such other
facts as may be deemed necessary for the purpose of
identification.
Said collector or his deputy will furnish to every such departing
Chinese laborer a certificate to be signed by such collector or his
deputy, which certificate shall set forth all the facts shown by the
registry book above mentioned, corresponding with said registry in
all particulars.
The certificate herein provided for shall entitle such Chinese
laborer to whom the same is issued to return to and reenter this
port upon producing and delivering the same to the collector of
customs of said port, and said certificate shall be the only
evidence permissible to establish his right of reentry; but said
certificate may be controverted and the fact therein disproved by
the United States authorities.
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Upon delivering such certificate by such
Chinese laborer to the collector of customs at the time of reentry
into this port, said collector shall cause the same to be filed in
the custom-house and duly canceled.
* * * * * * *
By command of Major-General Otis, military governor:
Charles A. Whittier,
Brigadier-General, United States Volunteers,
Collector of Customs.
[Inclosure 2.]
General Otis to
the Secretary of War.
Office of the United States Miilitary Governor in the
Philippine Islands,
Manila,
P. I., April 1,
1899.
Sir: In reply to your letter of February
20, calling for a report on the subject of the position taken by
customs officials at Manila in the matter of Chinese immigration, I
have the honor to report as follows:
Only such Chinese as are in good health and who have been residents
of any of the provinces of the Philippine Islands are permitted to
land in Manila, Iloilo, and Cebu, the only three open ports of the
archipelago.
They must in every case present to the captain of the port or his
deputized official on their arrival a consular certificate from the
port of embarkation. This certificate can only be issued upon a
personal examination and after careful inquiry upon the part of the
consul, thereby assuring himself that the Chinese applicant is
qualified under the law to engage passage to Manila.
Should it be proven upon the arrival of the passenger that this
permit was fraudulently issued, the steamer bringing him must take
him back, the steamer looking for relief to the consul issuing such
certificate. On being released from the vessel and being allowed to
land (in cases where certificate is regular) all Chinese at once
register at the Chinese consulate, paying a registration fee, a
hospital fee, and the cost of landing him from the steamer with his
baggage, usually 50 cents, Mexican money. Any Chinese refusing to
register or any who are known to be deported criminals are not
allowed to land.
On departing from Manila the captain of the port issues a passport to
the departing passenger only after he has purchased a ticket for his
destination and presents with this ticket, to the above-named
official or officer deputized by him, the permit to leave granted by
the Chinese consulate. This passport is delivered to the passenger
on board the steamer within a few hours
of the sailing time. No Chinese passenger departing is allowed to
leave the steamer after this passport has been delivered to him.
Very respectfully,
E. S. Otis,
Major-General, United States Volunteers,
Military Governor.
