Mr. Hill to Lord Pauncefote.

No. 2148.]

Excellency: In your note of February 4 last you asked to be advised, for the information of the Government of the Straits Settlements, whether Chinese persons who are British subjects are permitted to travel in the Philippine Islands.

You also asked to be informed whether a determination has yet been reached as to whether the Chinese-exclusion laws are or are not held to be operative in those islands.

Replying to both inquiries, I have the honor to state that the position taken by the United States War Department, by whom the affairs of the islands are being administered, is as follows:

1.
Chinese persons are to be excluded from the Philippines “whether subjects of China or any other foreign power.”
2.
That such exclusion is a military measure adopted to meet existing military necessity. Being a military expedient, it is not to be considered as in any way affecting the permanent policy of the government of the islands under the conditions of peace.
3.
The military order relating to said exclusion did not extend the Chinese-exclusion acts of the United States Congress to and over the Philippine Islands as a law of the United States; the provisions of said acts were adopted as appropriate remedies for the military necessity, and made operative independently of the statute by authority resulting from military occupation.

I have, etc.,

David J. Hill,
Acting Secretary.