File No. 837.55/27.
Minister Gonzales to
the Secretary of State.
No. 220.]
American Legation,
Habana,
April 12, 1915.
Sir: Referring to the Department’s instruction
No. 150, of February 27, 1915, directing me to lend my good offices, in
cooperation
[Page 271]
with the Chinese
representative in Habana, towards inducing the Cuban Government to hold
in abeyance its most recent order in regard to Chinese immigration until
the conclusion of the proposed treaty between China and Cuba, I have the
honor to report that I found it impracticable to cooperate with the
Chinese Chargé d’Affaires because of the change then taking place, the
former Chargé just leaving and the new Chargé not yet taking up these
matters with me; but that I spoke to the President informally and asked
him whether he would prefer me to take the matter up with him in that
way, or officially through the Secretary of State. He thought it would
better serve to get the fundamental issues brought forward more
definitely if I would adopt the latter channel of communication. I
therefore wrote the Secretary of State as in the enclosed copy of my
note of March 11, to which the enclosed reply has just been
received.
It will be observed that the Cuban Government recognizes as the only law
governing immigration the order of the American Military Government of
1902.
I invite attention to the last paragraph of Mr. Desvernine’s note, in
which this Legation is invited to give its views. I feel that on account
of the general belief in the Government here of the practice of fraud in
Chinese immigration and of the opposition to more Chinese coolies
entering the country, there is very little prospect of accomplishing
anything without the presence of the Chinese Minister. This Legation, it
appears to me, has gone as far as the delicacy of the situation will now
permit.
I have [etc.]
[Inclosure 1.]
Minister Gonzales
to the Secretary of State of Cuba.
No. 301.]
American Legation,
Habana,
March 11, 1915.
Excellency: I am instructed by my
Government to use the good offices of this Legation towards securing
the consent of the Cuban Government to permit the question of the
admission of Chinese into Cuba to remain in statu quo pending the
conclusion of a treaty between the Government of Cuba and China,
negotiations for which the Chinese Minister to the United States and
Cuba has been instructed by his Government to open with Cuba. I
understand that the Chinese Minister is coming to Habana within a
short time in the expectation of arranging said treaty.
The friendly interest of my Government in this question is doubtless
intensified by the fact that the first action in the matter of
Chinese immigration is attributed to the Governor of Cuba during the
American occupation.
It would be a great satisfaction to me if I were able, to assist in
bringing to a conclusion an understanding on the question of
immigration mutually satisfactory to Cuba and China.
I avail [etc.]
[Inclosure 2—Translation.]
The Secretary of State of
Cuba to Minister Gonzales.
No. 415.]
Department of State,
Habana,
April 7, 1915.
Mr. Minister; I have the honor to
acknowledge the receipt of your excellency’s note No. 301, dated the
11th of last month, in which, in the name of
[Page 272]
your Government, you request my Government’s
consent to allow the question of the admission of the Chinese into
the territory of the Republic to remain in statu quo pending the
celebration of a treaty between the Governments of China and
Cuba.
With reference to this particular question I would call the attention
of your excellency to the fact that the problem of Chinese
immigration has had the constant attention of my Government since
Military Order No. 155 was issued on May 15, 1902, by which the
whole subject of immigration into this country was regulated,
sections VII and. VIII of which provide that the provisions of the
preceding sections shall not be applicable to the Chinese, whose
immigration had been prohibited, and while such prohibition should
continue the admission of any Chinese coolie into Cuba would be
unlawful.
On August 11, 1904, the President of the Republic issued decree No.
237 for the purpose of construing the qualifications of Chinamen
excluded under the law.
It was found that the admission of Chinese had become so excessive
that the Government was obliged to correct it and issued decree No.
603 on May 19, 1913, in which the quality of a Chinese merchant or
student was more exactly construed, these being, outside of the
diplomats, their secretaries and servants, the only classes legally
permitted to enter Cuba. This decree was to take effect on July 1 of
said year, but at the instance of the Chinese merchants its
enforcement was postponed by the decree of the 12th of the
above-mentioned month and year till the 1st of October following. On
June 24, 1914, it was again suspended by decree No. 599 until
December 31, 1914, on which date by decision of the Cabinet of
Secretaries decree No. 1223 was issued annulling No. 1078 of
November 1913. This last decree conferred upon the Chinese Legation
in Habana the right of certifying that the applicant for admission
is not a coolie, and said applicant being in such case exempted from
the bond required by article 5 of decree No. 603, which since
January 1 last has been in full force. The bond in question is thus
reestablished as originally provided in decree No. 237 issued by
President Estrada Palma. The purpose of both decrees is to maintain
in full force sections VII and VIII of Military Order No. 155 upon
the principles of which they are predicated.
By virtue of the foregoing and of the suggestions contained in your
excellency’s note, which I am answering herewith, this Department
has the honor to state that the status quo is at bottom the
legislation on this subject as enacted by the above-mentioned
Military Order of 1902 and the subsequent regulations which have
been cited above—legislation which will be kept in force as long as
demanded by the needs of the country. It affords me pleasure at the
same time to express to your excellency our appreciation of your
offer of good offices and to state that we would be very glad to
know what is the Legation’s idea of an arrangement which would be
equally satisfactory to the Governments of Cuba and China
respectively.
I avail [etc.]
