Mr. Blaine to Mr. Denby.

No. 530.]

Sir: Referring to your No. 1068 of the 18th of March last, I transmit a copy of a letter from the Secretary of the Treasury concurring in the view that the certificate of the taotai, properly viséed by the minister or consul of the United States, would be sufficient to authorize the collector of customs at the United States port where Mr. Howe, the Chinese subject whose case you present, arrives to permit his landing.

I am, etc.,

James G. Blaine.
[Inclosure in No. 530.]

Mr. Batcheller to Mr. Blaine.

Sir: I have the honor to acknowledge the receipt of your letter of the 9th instant transmitting a copy of dispatch No. 1068, dated the 18th of March last, from the United States minister at Peking, relative to the application of Mr. Alvin F. Howe, a Chinese subject, for advice as to the mode by which he can gain access to the United States.

[Page 187]

The minister states that Mr. Howe is a Christian, a physician by profession, and also an employé of the Methodist mission at Peking; that he desires to complete his medical studies in the United States under the patronage of the Methodist Board of Missions; and that he speaks English very well, and is, in all respects, reputable.

The question as suggested by the minister is whether the certificate of the Chinese Government, specified in section 6 of the act of July 5, 1884 (23 Stat, at Large, p. 116), without which a Chinese person other than a laborer can not enter the United States, can be issued by a dependent authority or local officer such as a “taotai,” who represents, it is understood, the Chinese Government as chief magistrate in the district where the applicant resides, and is in a position to certify the facts satisfactorily.

It is understood that the minister is inclined to the view that such a certificate would be satisfactory, and would substantially conform to the requirements of law on the presumption that the local officer has full authority from the Chinese Government to take action in such matters.

Upon this presumption, and in view of the difficulty and almost impracticability of obtaining such certificate from the principal Government of China, I concur with you in the opinion that the certificate of said local officer, or “taotai, “properly viséed by the minister or other consular representative of the United States in China, would be sufficient in law to authorize the collector of customs at the port of arrival in the United States of Mr. Howe to permit him to land.

Respectfully, etc.,

Geo. S. Batcheller,
Acting Secretary.