Mr. Nabeshima to
Mr. Hay.
Legation of Japan,
Washington, May 30,
1900.
No. 21.]Sir: Referring to my communications dated the
22d and 23d instant, respectively, with reference to the methods of
enforcing quarantine regulations now being employed in the city of San
Francisco, I have the honor to state that I am in receipt of telegraphic
instructions from His Imperial Majesty’s minister for foreign affairs
directing me to draw your attention to the subject, with a view to
securing such action as will prevent the discrimination against Japanese
subjects at present enforced by the national and local health
authorities at San Francisco.
My two communications above referred to were based upon telegraphic
information from His Imperial Majesty’s consul at San Francisco. I have
received a detailed report on the subject from him by mail to-day
including his correspondence with national and local authorities at San
Francisco, copies of which I have the honor to transmit herewith for
your information.
This correspondence discloses the fact that the discrimination at present
being enforced against Japanese subjects in San Francisco is the result
of an order from the Surgeon-General of the Marine-Hospital Service,
issued under authority of regulations promulgated by the honorable the
Secretary of the Treasury forbidding, among other things, the “sale or
donation of transportation by common carriers to Asiatic or other races
liable to disease.” It appears further that the restriction upon travel
enjoined by the order is confined exclusively to subjects of Japan and
China, and that all other nationalities are exempt, even although the
San Francisco board of health has formally declared that bubonic plague
exists in that city. Furthermore, although there seem to be certain
discrepancies between the statements of the national” and local health
authorities on the point, it is clear that the latter have made
inoculation with the “Haffkine prophylactic against bubonic plague”
compulsory upon all Japanese subjects who desire “to leave the limits of
the city and county of San Francisco,” and that the officials of the
Marine-Hospital Service sanction this, as well as the other measures
adopted by the board of health. His Imperial Majesty’s consul reports
that the regulation requiring inoculation, in particular, has been
peremptorily and harshly enforced against all Japanese subjects, even in
cases where the exercise of anything approaching intelligent discretion
would have shown it to be absolutely unnecessary.
I trust that it is not necessary for me to assure you, Mr. Secretary,
that my Government, fully recognizing the right of the United States to
protect its people against the spread of disease, does not desire to
present even the appearance of interfering with the exercise of that
right. Under ordinary circumstances the Imperial Government would
[Page 740]
regard it as one of the first
duties of Japanese officials in this country to cooperate with the
proper authorities to prevent the spread of disease wherewith Japanese
subjects might unfortunately be afflicted. The present case, however,
presents an entirely different condition of affairs. No Japanese in this
country has had the bubonic plague; Japanese are not more liable to it
than other races, and where it has appeared in Japan during recent
years, from sources of infection to which the United States is also
exposed, the Japanese Government has shown its ability to confine the
outbreaks within very narrow limits and finally to suppress them
altogether. There is no reason, therefore, why Japanese subjects should
be singled out as the object of special precautions. If those
precautions were made general, as might reasonably be thought would be
the case if San Francisco is infected by the plague, nothing more would
remain to be said. Inasmuch, however, as such has not been the case, I
beg most respectfully to protest, in the name of my Government, against
the discrimination now exercised there as regards Japanese subjects, and
to ask that measures be taken to terminate it and to protect them in the
rights guaranteed to them by treaty and hitherto enjoyed by them without
question under the just and equal administration of the laws of this
country.
Accept, etc.,
[Inclosure 1.]
Mr. Williamson
to Count Mutsu.
Health Department of the City of San
Francisco,
City Hall, Office of the Board of
Health,
San
Francisco, May 20,
1900.
Sir: I have the honor to inform you that
the Surgeon-General of the United States Marine-Hospital Service has
issued an order to the effect that no Chinese or Japanese will be
permitted to leave the limits of the city and county of San
Francisco, unless presenting a certificate countersigned by an
officer of the Marine-Hospital Service showing the bearer to have
been inoculated with the Haffkine prophylactic against bubonic
plague.
The board of health of San Francisco is actively engaged in
cooperation with the United States authorities in carrying out this
order, and its representatives are stationed at the various points
of exit in accordance therewith. These inspectors are also prepared
to make the necessary inoculations, and will grant certificates
which will be at once countersigned by the officer of the United
States Marine Service who may be on duty at that point.
Your cooperation in this matter is earnestly requested.
John M. Williamson,
President Board of
Health.
[Inclosure 2.—Telegram.]
Count Mutsu to
Dr. Kinyoun.
Health board informs me Surgeon-General Marine Hospital issued order
prohibiting Japanese from leaving city without inoculation against
plague. Kindly inform me if such is the case, and if so, why order
was issued.
[Page 741]
[Inclosure 3.]
Count Mutsu to
Dr. Williamson.
420 California Street,
May
21, 1900.
Sir: I have the honor to acknowledge the
receipt of your communication of the 20th instant, informing me that
the Surgeon-General of the United States Marine-Hospital Service has
issued an order prohibiting Japanese and Chinese from leaving the
limits of the city and county of San Francisco unless presenting a
certificate signed by an officer of the Marine-Hospital Service
showing the bearer to have been inoculated with the Haffkine
prophylactic against bubonic plague.
Numerous complaints have come to me from my countrymen residing or
stopping in this city, including some prominent members of the
community and ladies, that they have been subjected to great
inconveniences and humiliation by your deputies at the ferry depot
and other places in the alleged enforcement of said order, and I
fear that the continuance of such action on their part will lead to
serious complications.
I have called upon Dr. Gassaway, commanding the United States marine
hospital at San Francisco, this morning, in order to learn the full
particulars of this matter, and am surprised to find that the said
officer has no knowledge of the issuance of order in question by his
superior authorities in Washington. At his suggestion, I have
endeavored to secure an interview with the United States quarantine
officer, Dr. Kinyoun, this afternoon, but so far have not succeeded
in finding him at his station or elsewhere; and in the meantime my
primary object in addressing you at the present moment is to request
that you kindly furnish me, at your earliest convenience, with all
the facts that have led to the present measure.
My further object is to urgently protest against the treatment to
which my countrymen have been singled out and subjected, the same
appearing to me as an unjust discrimination not warranted by present
conditions in the city of San Francisco. Your cooperation in
ameliorating the situation is earnestly requested.
[Inclosure 4.—Telegram.]
Dr. Kinyoun to
Count Mutsu.
319 Davis Street,
San
Francisco, May 22,
1900.
Telegram received. By order of Supervising Surgeon-General I was
directed on the 18th instant to request the transportation companies
and common carriers to refuse sale of tickets to Japanese and
Chinese desiring to leave San Francisco for other points unless
accompanied by certificate signed or countersigned by
marine-hospital officers. These orders have been approved by the
President.
[Inclosure 5.]
Extract from minutes of San Francisco board of
health, held on the evening of May 18, 1900.
“Dr. Baum introduced the following resolution:
“‘Resolved, That it is the sense of this board
that bubonic plague exists in the city and county of San Francisco,
and that all necessary steps already taken for the prevention of its
spread be continued, together with such additional measures as may
be required.’
“Seconded by Dr. Bazet and unanimously adopted.”
Respectfully transmitted to Count Mutsu, Imperial consul-general, San
Francisco, Cal.
J. J. Kinyoun, Surgeon, M. H. S.
[Inclosure 6.—Telegram.]
Dr. Wyman to
Dr. Kinyoun.
Washington, D. C., May
21, 1900.
By direction of President, Secretary of Treasury has promulgated the
following regulations under act of Congress, March 27, 1890: “First,
during the existence of plague at any point in the United States the
Surgeon-General Marine-Hospital Service is authorized to forbid the
sale or donation of transportation by common carriers to Asiatic or
other races liable to disease. Second, no carrier shall accept for
transportation any person suffering with plague or any article
infected therewith, nor shall common carriers accept for
transportation any class of persons who may be designated by the
Surgeon-General of the Marine-Hospital Service as being likely to
convey the risk of plague contagion to other communities, and said
common carriers shall be subject to inspection.” Inform
transportation companies and direct them under above regulation to
refuse transportation to Asiatics except on your certificate, and
instruct bonded inspectors to inspect trains and prevent Asiatics
leaving State without your certificate.
Wyman,
Surgeon-General Marine-Hospital
Service.
[Inclosure 7.]
Count Mutsu to
Dr. Williamson.
Sir: I have the honor to inform you that I
have received from Dr. Kinyoun a copy of the orders received by him
this day from the Surgeon-General Marine-Hospital Service at
Washington.
Said copy shows the orders are, first, to forbid the sales or
donation of transportation by common carriers to Asiatic or other
races liable to disease, and, second, to prohibit common carriers
from transporting persons infected with plague or who may be
designated by the Surgeon-General as being likely to convey the risk
of plague contagion to other communities.
I fail to find any order to the effect that no Japanese are to be
permitted to leave San Francisco unless presenting a certificate
showing the bearer to have been inoculated with the Haffkine
prophylactic against bubonic plague, and hereby beg to request that
you kindly inform me why this statement was made in your favor of
the 20th instant.
Further, I have the honor to request you to apprise me of the reason
why the other races liable to the disease in this city are not being
treated similarly as Japanese, in accordance with said orders from
Washington.
I have been informed by Dr. Kinyoun that your honorable board has
passed a resolution declaring the port infected with bubonic plague,
and deem it a favor if you will kindly supply me with a copy of
same.
Your early reply to the above queries, together with the information
I requested you for in my yesterday’s communication, will be highly
appreciated.
[Inclosure 8.]
Dr. Williamson
to Count Mutsu.
Health Department of the City of San Francisco, City
Hall.
Office of the Board of Health,
San Francisco Cal, May
22, 1900.
Sir: In reply to your letters of the 21st
and 22d I will state the particular order emanating from Washington
relative to the forbidding of transportation to Japanese and Chinese
unless presenting certificates of inoculation antedates the orders
quoted by you in your communication of the latter date. We have not
got a copy of the same at hand, but I have communicated with Surgeon
Kinyoun, requesting him to furnish us with the same. He has promised
to do so, and upon receipt thereof it will be immediately forwarded
to you.
With regrets, etc.,
John M. Williamson,
President Board of
Health.
[Inclosure 9.]
Dr. Wyman to
Dr. Kinyoun.
Washington, D. C., May
16, 1900.
In event plague becomes offcially proclaimed, see J. C. Stubbs, third
vice-president, or J. C. Kruchtnitt, general manager; request
refusal of tickets to Chinese and Japanese, without accompanied by
certificate signed by marine-hospital officer.
[Inclosure 10.]
Count Mutsu to
Dr. Kinyoun.
Sir: In my communication of the 23d instant
I have informed you that the wording of the orders from Washington,
copy of which you have recently transmitted to me, differs from the
wording of the alleged orders which the San Francisco board of
health has supplied me with.
Since then I have received a communication from said board of health
to the effect that the particular order relative to the inoculation
antedates the orders you have been good enough to inform me the
other day. The board of health promised to forward me a copy of the
former on receipt of same from you.
Pending the receipt of said copy I had the pleasure of seeing you at
your office this afternoon, when you gave me a copy of said order of
the 16th instant having no reference to the necessity of
inoculation.
You, however, informed me on that occasion that the certificate
necessitated by said order can not be issued by you without either
the inoculation or the detention of the person for certain number of
days. You added that the information I received from the board of
health is therefore in the main correct, though not exact quotation
of the order.
Kindly acknowledge this note and let me know if the foregoing is my
correct understanding of your information.
[Inclosure 11.]
Dr. Kinyoun to
Count Mutsu.
Office of the Medical Officer in
Command,
Marine-Hospital Service,
San Francisco Cal., May
24, 1900.
Sir: In reply to your letter of this date I
have to state that under the law and regulations the transportation
companies have been directed by me to refuse to sell or donate
transportation to Asiatics desiring to leave San Francisco unless
they have fully complied with the United States quarantine laws and
regulations.
I have agreed to honor the certificates of inoculation as issued by
the city board of health, upon which tickets will be issued; also a
certificate will be granted to the person, provided he has been
detained for fifteen days under constant medical supervision.
The main facts as set forth in your letter of this date are
correct.
J. J. Kinyoun, Surgeon, M. H. S.
[Inclosure 12.]
Count Mutsu to
Dr. Kinyoun.
Sir: I have the honor to acknowledge the
receipt of your esteemed favor of the 22d instant, inclosing a copy
of the orders from Washington, together with a copy of the law of
March 27, 1900.
Upon careful perusal of the orders, I find the wording of same to be
very different from the wording of alleged orders of the San
Francisco board of health, as recently communicated to me.
[Page 744]
The latter were to the effect that no Japanese were to leave this
city unless presenting a certificate showing the bearer to have been
inoculated against bubonic plague. I have addressed a letter to the
said board of health under date of yesterday, and expect a
satisfactory explanation in regard to the matter.
As I yesterday informed you over the telephone, numerous complaints
have reached me from my countrymen in this city, including some
prominent men and ladies, that they have been subjected to great
hardship and humiliation and in some instances to bodily injuries at
the hands of the inspectors in different parts of this city in the
alleged enforcement of said order, and I fear that the continuance
of such action on their part will augment serious complications.
I consider the present treatment of Japanese extremely harsh, and
regard the singling out of my countrymen as a very unjust
discrimination, not warranted by law or present conditions in this
city.
I am now taking steps with a view of relieving my countrymen in their
difficulties, and pending the settlement of the question I hereby
beg to request that you will kindly do whatever is within your
province toward ameliorating the situation.
[Inclosure 13.]
Count Mutsu to
Mr. Jackson.
Sir: I have been informed by Dr. Kinyoun,
of the United States quarantine station, that a resolution has been
passed by the San Francisco board of health on the 18th instant to
the effect that bubonic plague exists in the city and county of San
Francisco, and same has been communicated to you by said surgeon,
with the request not to permit any vessel to depart from this port
without inspection.
Will you kindly inform me if such has been the case, and if so,
whether this port is to be officially regarded and treated as an
infected one, and oblige, etc.,
[Inclosure 14.]
Mr. Jackson to
Count Mutsu.
Office of Collector of Customs,
Port of San Francisco
Cal, May 23,
1900.
Sir: In your favor of this date, just
received, you ask me whether this port is to be officially regarded
and treated as an infected one, and whether I have been requested
not to permit any vessel to depart from this port without
inspection.
In answer I have to say that under an act of Congress passed March
17, 1890, the Surgeon-General of the Marine-Hospital Service is
authorized to forbid common carriers from accepting for
transportation Asiatics or other races particularly liable to
plague, or any article liable to carry the same.
The quarantine officer of this port, Surgeon Kinyoun, deems it his
duty to enforce this law at this time, and accordingly coastwise
vessels are not permitted to leave this port with the forbidden
passengers or freight without said quarantine officer’s
certificate.
There has been no other or further action which would go to the point
of treating this as an infected port. As you will see, the law is
one of long standing, and is now being enforced only out of abundant
caution.
J. J. Jackson, Collector.
