File No. 1012/9–15.
Chargé Sands to the
Secretary of State.
American Legation,
Guatemala, December 13,
1907.
No. 45.]Sir: Referring to my No. 42 of December 6, I
have the honor to transmit copies of the decrees issued since 1896 by
the President of Guatemala relative to Chinese immigration into this
Republic.
I desire to call attention to the latest decree, permitting Chinese
residents in this country to leave it, but with the understanding that
they are not to return (inclosure 6).
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A strict adherence to this decision would undoubtedly work great hardship
to the reputable Chinese merchants of this country who are all known in
the communities in which they live beyond the possibility of
mistake.
A delegation of these men came to this office to request that the
legation take some action in the matter. I explained to them that they
must refer it to the Chinese ambassador at Washington, and advised them
to call upon the minister for foreign affairs before doing so and obtain
from him a clear statement as to the meaning of the decree. I told them
that after they had done this and made their protest of the Guatemalan
Government I would forward their petition to Washington and report upon
this subject myself.
I have, etc.,
[Inclosure 1.]
Messrs. Chang
et al. to Chargé Sands.
Guatemala, December 7,
1907.
Honorable Sir: We, the undersigned Chinese
merchants, have the honor to present our thanks to you for having
kindly undertaken to forward a petition to His Excellency the
Chinese Ambassador in Washington.
In this petition we told His Excellency that the Government of
Guatemala had lately issued a law that no Chinaman leaving this
country, whatever the reason and whichever his condition, could
return; for those of our countrymen who had no interests in this
country it was immaterial, but that there was quite a number engaged
in commercial enterprises who, from the very nature of their
business, were obliged to travel, and that it would spell ruin if
they were either compelled to remain here indefinitely or were
debarred from coming back. We furthermore laid stress on the fact
that at all times the United States legation had favored us with its
valuable protection and had befriended us in every way, and that we
could not find words that could adequately express our gratitude,
but that under prevailing conditions we should feel more at ease if
His Excellency could see his way to bring the matter under the
notice of the United States Government and thus second us in our
entreaties.
We furthermore stated that several important members of our community
had left the country some time ago with the intention of returning,
but that in view of the decree of November 12 of this year they
could not do so, and that their interests were thereby at stake. We
finally inclosed two decrees issued by the Guatemala Government, the
one dated October 28, 1897, and the other November 12, 1907.
We are indebted to you, honorable sir, for past services, and we feel
sure that in the kindness of your heart you will do all in your
power to protect our interests and have, if at all possible, the
effects of the last decree modified.
We have, etc.,
- Carlos Chang.
- Jorge M. Leon.
- Antonio Chang.
- Rafael Leon.
- Arturo Chang.
- Jose Leon.
- Juan Jo.
- Gustavo Lau.
- Alberto Fosan.
- Miguel Chang.
[Inclosure 2.]
Mr. Carlos
Chang to Chargé Sands.
Guatemala, December 7,
1907.
Sir: I have the honor to inform you that I
intend to leave by the next steamer for San Francisco and China, and
in respectfully bidding you farewell I wish to thank you for all you
have been kind enough to do for me.
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My countrymen are going to send you a letter stating the contents of
the petition addressed to the Chinese minister at Washington, and I
sincerely trust that you may succeed in getting the decree of
November 12 repealed.
I should feel very thankful if you would kindly communicate any
developments bearing on this case or any news interesting the
Chinese community to my partner, Jose Leon, care of Quon On Lon
Company.
I have, etc.,
[Inclosure
3.—Translation.]
The Minister for Foreign
Affairs to Chargé Sands.
Foreign Office,
Guatemala, December 11,
1907.
Honorable Sir: I have the honor to remit,
appended herewith, copies of the regulations issued concerning
Chinese immigration in this Republic. With the highest consideration
and esteem, etc.,
[Inclosure
4.—Translation.]
Decree No. 520.
immigration law.
Chapter I.—Article II.
Subjects of the Celestial Empire shall not be contracted as
immigrants or accepted as such, neither those from other countries
older than sixty, unless they be parents of a family coming with
them or already established here, nor criminals already convicted in
their respective countries, nor those lacking the health and morals
required.
[Inclosure
5.—Translation.]
Decree.
Having found it necessary to take adequate measures to enforce the
regulation established in decree No. 520, of January 25, 1896,
prohibiting the immigration into this Republic of subjects of the
Celestial Empire,
The President of the Republic
therefore decrees:
- First. Within a period of two months from this day (which
period can not be extended under no circumstance) all
individuals of Chinese nationality in the Republic shall
present themselves at the office of foreign affairs, in
order to be registered in a record book that will be opened
to that purpose, putting down in it in the most complete and
minute manner possible the anthropometric description of the
interested party.
- Second. The minister will issue to the registered person
the passport prescribed by law.
- Third. When the period fixed by Article I has elapsed, any
Chinese that will fail to show to any authority or to any
guardian of the peace on demand, the passport mentioned in
Article II, shall be immediately expelled from the
country.
- Fourth. The Chinese legally residing in the country, who
might desire to leave it with the idea of returning, is
obliged to request a passport from the
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minister for foreign affairs,
who, in order to concede or deny said passport, shall have
the right to practice beforehand whatever investigation he
may deem necessary.
- Fifth. The interested party shall bring his photograph so
that it may be attached to one of the upper corners of the
passport, inserting also in said document the description of
the interested party, which shall be taken from the
respective register, and also stating the fact that he will
be again permitted to enter the country.
- Sixth. If the journey be by sea or land, the passport must
be presented to the captain of the port of embarkation or to
the governor of the frontier province through which he
passed. Said authorities shall collect the passport and keep
it in their power in order to return it to the interested
party on his return. The person must first be identified,
and for the meanwhile a receipt is given him, which must be
presented and destroyed when the original passport is
returned.
- Seventh. The Chinese who may in any way break the
regulations of this decree shall be expelled from the
Republic, and anyone who may help or try to facilitate in
any manner the immigration of Chinese into Guatemala shall
be punished as transgressor of the law according to the
criminal code, and in the case of the transgressor being an
official of the Government he shall besides be deprived of
his employment.
- Eighth. A copy of this decree will be sent to the
governors of all the provinces and to the captains of all
the ports for execution; the foregoing recommendations shall
be reiterated to them by a circular, so they may carefully
watch the execution of this law.
Let it be communicated.
[Inclosure
6.—Translation.]
Decree.
Palace of the Executive
Power,
Guatemala, November 12, 1907.
chinese immigration.
In view of repeated abuses on the part of Chinese subjects who, on
leaving the Republic, solicit passports and other persons make use
of them to enter the country, and having to avoid Chinese
immigration in pursuance to decree issued October 27, 1897,
The constitutional President of the Republic
decrees:
That hereafter any Chinese subject that desires to leave the Republic
may do so, but with the understanding that he is not to return again
to the country; therefore the port and frontier authorities shall
take special care to prevent the entrance of any Chinese, even if he
is the bearer of the forementioned passport.
Let it be communicated and published.
The secretary of state in the department of foreign affairs.
