Being questioned by the Tsungli Yamen as to the character of American laws on
the subject, I made some general statements verbally, embodying information
which subsequently, at the request of the ministers, I wrote out more in
detail, accompanying it with translations of portions of our statutes
controlling the transportation of passengers, and prohibiting the coolie
traffic.
The Yamen received the information thus afforded with expressions of
gratitude. Copies of the correspondence on the subject are inclosed.
In my letter to the Yamen, besides giving the facts they desired, I aimed to
show the exceptionally liberal treatment of Chinese subjects in the United
States as an indirect incentive to more liberality toward our citizens in
China, and to strengthen the disposition of the Government to insist upon
the principle of free emigration in all further passenger commerce from the
ports of the empire. I find the ministers of the Yamen all very anxious to
prevent the revival of coolieism either openly or covertly, and have fully
explained to them the position of our Government on this subject, with which
they are in hearty smypathy.
[Inclosure 1 in No. 64.]
Mr. Avery to Prince
Kung.
Legation of the United States,
Peking, May 29,
1875.
Sir: In compliance with your request for some
information about the laws of the United States regulating emigration
from China and other countries, I have the honor to communicate the
following facts:
The laws make no distinction between the people of China and any other
country, and no tax or charge is allowed to be imposed or enforced upon
any person emigrating from a foreign country which is not equally
imposed and enforced upon every person emigrating from any other foreign
country.
The charges collected from emigrants on their arrival at different ports
are small in amount, and are expended on offices established to look
after their welfare, on hospitals, &c.
Formerly it was the custom in California to collect a special monthly tax
from Chinese for the privilege of extracting gold from the mines, as is
the custom in all other countries where gold is dug; but this tax has
been abolished.
Laws have been passed against the importation of foreign convicts,
paupers, and lewd women, because it was found that some countries were
sending such persons to the United States to get rid of them, or for
worse reasons, as Chinese prostitutes have been sent from Hong-Kong to
San Francisco; but all foreigners who choose to come to America freely,
for purposes of curiosity, trade, or as permanent residents, are welcome
to do so; and to travel, reside, engage in labor or business, lease and
buy property,
[Page 341]
work mines of
coal, iron, gold, and silver, bring suits in the courts, follow what
religion they prefer, send their children to the public schools, and
generally enjoy, without let or hinderance, the privileges of free men
under equal laws. This system of free immigration and equal privileges
has had a large share in making the United States prosperous and strong,
and has been encouraged and protected by very careful laws, which are
strictly enforced.
The only reference made to immigration from China, which does not apply
to all other countries, is the law forbidding the importation of coolies
as they were formerly taken to Cuba and Peril. American vessels engaging
in this wrongful traffic are declared forfeit to the Government, and it
is the same if they carry coolies to a foreign port. Persons who engage
or build vessels for the traffic, or who take or receive coolies, are
severely punished by fine and imprisonment. In order to guard most
carefully against fraud in this matter, the consuls of the United States
in Chinese and other foreign ports where Chinese emigrants may take
passage on board of American ships, are obliged to satisfy themselves
that the emigrants really go of their own free will and accord, and the
ship cannot sail without the consular certificate to that effect.
In regard to every class of immigrants from all countries alike, many
laws have been passed to protect them from extortion, neglect, and
unkindness during the voyage ta the United States, and after their
arrival. A certain amount of space must be allowed to each person on
board ship, so that there shall be no discomfort or sickness from
crowding; a limit is fixed to the number of passengers a ship may carry;
the size and character of the berths are carefully regulated; sufficient
good food must be provided at stated hours; cleanliness, ventilation,
and order are strictly required, and in every way the comfort, safety,
and health of passengers are sought to be secured.
These regulations, of course, can only be enforced by the United States
against vessels owned in whole or part by its own citizens, but the
Government has frequently called the attention of other countries to the
necessity of providing with equal care for the welfare of immigrants on
foreign-owned ships, and has secured treaty-stipulations on this
subject.
Besides this, private individuals, either singly or associated, in
America exert themselves to secure good treatment for the immigrants
both while traveling and when they are yet strangers on their first
arrival, liable, without such help, to be imposed upon and wronged.
In order still further to protect the immigrant who comes by American
steamship, regulations are made about the manner of building and
inspecting engines and boilers, about transportation of explosive or
inflammable substances, and many necessary-details which it would be
tedious to repeat.
Your imperial highness will see from these statements that the laws of
the United States aim to be impartial and just, to protect the immigrant
on his voyage and on his arrival, and to insure that he comes as a free
man for lawful objects.
There are bad men who try to evade these laws sometimes, but the courts
are generally watchful for their enforcement, and the penalties imposed
for their violation are severe.
To give all the particulars on this subject would fill a volume, but I
trust what I have written will be of service to your highness, and I
inclose such extracts from the laws as are likely to be most useful.
I avail myself, &c.
His Imperial Highness Prince Kung,
Chief Secretary of State, &c.
[Inclosed were translations of Title XXIX, sections 2158, 2159, 2160,
2161, 2162, 2163, and 2164; Title XLVIII, chapter six, sections
4252, 4253, 4255, 4257, 4258, 4259, 4260, 4261, 4262, 4263, 4264,
4266, and 4268, of United States Statutes at Large.]
