Mr. Hay to Mr. Nabeshima.
Washington, July 6, 1900.
Sir: Referring to previous correspondence, especially to the Department’s note No. 44, of the 29th ultimo, in relation to the alleged discrimination against Japanese subjects by the health authorities of Colorado, in the enforcement of quarantine measures as a precaution against bubonic plague, I have the honor to inform you that the governor of Colorado has sent to this Department, with his letter of the 28th ultimo, the report on the subject by Dr. G. E. Tyler, the secretary of the Colorado State board of health, promised in his letter of the 23d ultimo.
After quoting the information received from the health authorities in San Francisco, both Federal and local, which convinced the State board of health of Colorado of the existence of bubonic plague in San Francisco, and that sufficient precautions were not being taken there to prevent the spread of the disease, Dr. Tyler states that the board decided that its only course was to prevent the entrance of those persons who were likely to have been exposed to the disease, and who were most likely to present walking cases of the disease, and thereby cause its introduction into Colorado, and that, therefore, as the danger was not yet (June 26) passed, quarantine must be maintained.
With respect to the alleged discrimination against Japanese, Dr. Tyler says:
Though the quarantine apparently makes racial distinction, and discriminates against Chinese and Japanese, this discrimination is only apparent, the actual discrimination being not because of race solely, but because these two races are the only ones known to have been exposed to this disease. The outbreak of plague in San Francisco has been, so far as can be ascertained, confined to the Chinese quarter. This Chinese quarter is, as is well known, made up of both Chinese and Japanese. The reason for proclaiming quarantine against these two races is because of the fact that they are certainly more exposed to the disease and hence more likely to be a source of danger.
It would be an impossibility to protect Colorado by quarantine against Chinese and Japanese from San Francisco only, for the reason that an exposed Chinaman or Japanese might buy a ticket to St. Louis, Mo., or Kansas City, or some other place, and there rebuy a ticket to some Colorado point. It therefore became necessary to require all Chinese and Japanese to furnish health certificates. Any course short of this would have been absolutely insufficient.
In his letter transmitting Dr. Tyler’s report the governor of Colorado says:
I think you will concede the general proposition that each State has in the exercise of a general police power the authority to protect its interests from the invasion of contagious diseases. I know of no provision of the Federal Constitution or act of Congress pursuant thereto which shows, even indirectly, authority to deprive the States of this power, which may and does sometimes become absolutely essential to their general welfare.
It is true that the quarantine is declared against Chinese and Japanese, but this is due to no deliberate purpose of confining the order to racial distinctions. The fact is that the Chinese and Japanese residents of the country have been more exposed to the ravages of the plague than any other people, and so far all who have died or have been reported as infected with the plague have been of these nationalities. We have no desire to do anything which is contrary to our powers or that will involve any international complications, but as matters stand we must insist upon our right to establish quarantine regulations to protect the people of Colorado against the invasion of the plague, and that the quarantine heretofore declared and now in operation shall remain in force until set aside by a higher authority or until the cause of its establishment shall have disappeared.
Accept, etc.,