[Inclosure.]
Mr. Window to
Mr. Blaine.
Treasury Department, Office of the
Secretary,
Washington, D.
C., June 25,
1889.
Sir: On the 13th instant I informed you
that as soon as the proper advices were received from New York a
further answer would be sent to you relating to the case of the
seven British subjects who arrived at the port of New York on the
11th ultimo onboard the steamer Obdam, were
detained, and were returned on the same vessel, notwithstanding the
order of this Department by telegram to the collector of customs at
New York to allow them to land on bond being given for their
conditional return.
I have the honor to say that advices have now been received from New
York which enable me to state the following facts, viz:
That the bond which the agents of the Netherlands line undertook to
furnish was not delivered to the collector of the port until 11.20
a. m. of the 23rd ultimo: that instructions were immediately sent to
the surveyor of the port to turn the said seven immigrants over to
the agents of the said line; that this order on being received was
immediately copied by the surveyor, and an order, addressed to the
inspectors of the vessel in compliance therewith, was given into the
hands of the representative of the steam-ship company (who was
waiting to receive it) at 11.35 a. m., in ample time to reach the
steamer before sailing, the steamer, as is stated, having been
delayed twenty minutes after 12 m., the advertised hour of
sailing.
From these facts you will see that it was not the fault of our
officers that the seven immigrants referred to were not landed in
New York.
The British minister requested to be informed whether, in the opinion
of this Government, the case of these men comes within the terms of
the act of Congress prohibiting the importation of foreigners under
contract to labor in the United States, and this inquiry you desire
to be enabled to answer.
In reply I have the honor to say that the collector of the port
obtained and has transmitted to this Department seven affidavits
made by the said immigrants, together with their letters of
introduction and agreement to accept work, one of which is herewith
inclosed for your consideration,*
“On these papers,” the collector said,
[Page 476]
“it appearing to me satisfactory evidence that
there was a contract, express or implied, in each case, I originally
barred them from landing.”
Under the law and regulations the collector of the port is vested
with discretionary power in cases of this kind. In this case the
collector’s judgment was that there was a contract, express or
implied. An appeal was taken and a mode of relief was provided, and
the fact that deportation of the men resulted was not the fault of
our officers.
In view of the possibility of the recurrence of similar cases under
circumstances that might prevent the timely and final action of this
Department, it is suggested that time might be saved and deportation
before investigation prevented by the prompt action of the owners of
steam-ships or vessels in offering bonds for the conditional return
of immigrants whose landing may, in the exercise of the best
judgment of collectors, be prohibited.
The return of the inclosure is respectfully requested.
Respectfully, etc.,
