Memorandum.
Japanese Legation, October
4, 1900.
It is understood from the conversation with Dr. Hill on October 1 that
the Government of the United States do not find it convenient to take
any punitive measure against the medical officials at San Francisco,
inasmuch as they acted on the directions of the superior authorities;
nor can they guarantee against the recurrence of the like event, owing
to the peculiar relations between the Federal and State governments,
which are based on their respective constitutions.
It is, however, desirable to know, for the information of the Japanese
Government, whether the United States Government are prepared to assure
officially that because they had no intention in the enforcement of the
quarantine to discriminate against Japanese subjects, and, moreover,
because the action of the medical officials at San Francisco was found
illegal by the judgment of the district court, which judgment was
accepted by the authorities concerned, these facts maybe looked upon as
a sufficient proof that the United States Government have now concurred
with the Japanese Government in the views as represented through the
legation in the question of the treaty rights of Japanese subjects in
this country.
As regards the quarantine in Colorado, it is also necessary to know
whether the United States Government desire that the Japanese Government
will be satisfied with the fact that by inviting “appropriate
consideration” of the governor of that State to the representations of
the Japanese legation, as stated in the note of the State Department of
the 16th July last, the Federal Government had meant to suggest him to
restrain from the action unfit to a reasonable solution of the question
and that the governor has not since then raised any objection in the
matter until the quarantine was at last raised.
It seems, furthermore, not to be unreasonable on the part of the Japanese
Government to expect that if the United States Government can not, for
the constitutional reasons, guarantee absolutely against the recurrence
of such event as referred to, they may assure to omit no effort as far
as lies in their power to prevent its repetition.
Memorandum in response to the memorandum of the
Japanese minister, dated October 4, 1900, in regard to Federal
and State measures of quarantine in as far as they say affect
Japanese subjects.
1. As to the complaints growing out of the enforcement of certain
quarantine measures against Japanese at San Francisco.
The United States Government can with pleasure assure the Japanese
Government that there was no intention, in the enforcement of those
measures, to discriminate against Japanese subjects.
[Page 757]
The treaty rights of Japanese subjects in the United States, as
denned in Article I of the treaty of 1894, are subject to the
proviso of Article II—
That the stipulations contained in * * * the preceding
article do not in anyway affect the laws, ordinances, and
regulations with regard to trade, the immigration of
laborers, police, and public security, which are in force or
which may hereafter be enacted in either of the two
countries.
In the California case the decision of the Federal court did not
touch upon the question of violation of treaty rights, but was based
upon the ground that the regulations discriminated against the
Asiatic races exclusively, among other things denying them the
privilege of traveling from one place to another, except upon
conditions not enforced against any other class of people. This was
held by the court to be unconstitutional. The action of the Federal
and State authorities there since has been shaped accordingly.
As the decision of the court is consistent, but on a different line,
with the Japanese contention that the treaty rights of Japanese in
California have been violated, and as this Government is bound by
the decision (unless the Supreme Court, in last resort, should in
some future case determine differently), its course, both as regards
its own acts and the representations it may appropriately make to
the State governments in any given case, would necessarily coincide
with the view of the Japanese Government as to the treaty rights of
Japanese subjects in this country in the matter, which gave rise to
the recent discussion.
2. As to the Colorado case, in inviting the governor of that State to
give appropriate consideration to the representations of the
Japanese legation, as stated in the note of the State Department of
July 16 last, it was the intention of this Department to suggest to
the governor to refrain from any further action inappropriate to a
reasonable solution of the question. No case has arisen since that
time requiring the governor’s action.
While the Government of the United States can not, for the
constitutional reasons heretofore explained, give guarantee against
the recurrence of cases like that in Colorado, it will continue, as
in the past, to use all efforts in its power to prevent their
occurrence and bring about their reasonable solution in Colorado or
elsewhere.
Department of
State,
Washington, October 13,
1900.
