Mr. Hay to Mr. Wu .

No. 119.]

Sir: By my note of the 17th ultimo I informed you that I had communicated to the Secretary of War a copy of yours of the 15th of that month, in which you protest against the alleged action of the military authorities at Manila in refusing to permit the immigration to the Philippine Islands of the subjects of China, exempted by article 3 of the treaty of 1894, between the United States and China.

I have now the honor to inform you that I am advised by the Secretary of War that the classes of Chinese subjects mentioned by you as being prohibited by the orders of the military authorities of the Philippine Islands from entering the territory are specially excepted in the order of the military governor in the following language:

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.

The Secretary of War has invited the attention of the military governor to your note and directed him to instruct the officers of the custom-houses in the Philippine Islands to permit no violation of article 3 of the treaty between the United States and China.

Accept, etc.,

John Hay.