Mr. Clayton to Mr. Hay.
Mexico, September 5, 1903.
Sir: Referring to Mr. MeCreery’s No. 1890, of the 3d ultimo, and its inclosures, and acknowledging the receipt of Department’s instruction No. 936, of the 25th of the same month, all relating to the compulsory collection of an alien tax at El Paso, Tex., from the secretary of the Japanese legation en route through the United States to Japan, while it is true, as Mr. Loomis states in the aforesaid instruction, that “under existing law no exceptions in regard to collection of head tax are specifically mentioned and no authority is given to the Department of Commerce and Labor whereby they may be amplified so as to include diplomatic officers of foreign Governments,” is it not also a fact that international law, or at least international usage, gives to diplomatic agents the right of uninterrupted free innocent passage through the territory of a third nation in going to or returning from their posts upon the business of their Governments? I respectfully suggest that if railway conductors are to be allowed to deny this right by stopping such officers at the border very unpleasant complications, in addition to the one in question, are likely to arise in the future.
I am informed by Mr. McCreery that this incident caused considerable feeling at the Japanese legation.
Awaiting such further instruction as the Department may see fit to give,
I have, etc.,