Sir Julian
Pauncefote to Mr. Foster.
British
Legation,
Washington, November 15,
1892. (Received November 17.)
Sir: With reference to your note to this
legation of the 10th August last, and to the conversation which Mr.
Herbert held with you on the 3d ultimo, respecting the complaint of the
United States Government against the action of the Canadian Pacific
Railway in regard to Chinese immigration into the United States, I have
the honor, in accordance with instructions which I have received from
the Earl of Rosebery, to inclose for your information copy of a dispatch
on the subject which has been addressed by his lordship to Mr.
Herbert.
I have the honor at the same time to assure you that you are mistaken in
supposing that the previous communications of the United States
Government in regard to the question of Chinese immigration have been
treated with indifference.
Those communications have received, on the contrary, very careful and
friendly consideration, and Lord Rosebery desires me to state that the
subject shall again be pressed on the attention of the Canadian
ministers. But both on account of the attitude of the Chinese Government
in regard to the treatment of its nationals in British colonies and in
consequence of the vast length and natural features of the Canadian
frontier the question is beset with great difficulties.
I have, etc.,
[Inclosure.]
Earl of Rosebery to
Mr. Herbert.
Foreign Office, September 20, 1892.
Sir: I have received your dispatch No. 219
of the 11th ultimo, inclosing copy of a note which you have received
from the Secretary of State, remonstrating strongly against the
action of the Canadian Pacific Railway in transporting Chinese
persons, by contract, from China to certain points in the United
States.
Mr. Foster is mistaken in supposing that the previous representations
made by the Government of the United States with regard to Chinese
immigration from Canada have been treated with indifference. They
have received very attentive consideration and have formed the
subject of considerable correspondence between Her Majesty’s
Government and that of the Dominion.
I inclose herewith extracts from minutes of the Canadian privy
council showing the grounds on which the Canadian ministers have
felt unable to take action in the direction desired by the United
States, and I may add that, in view of the strong remonstrances
which have been received from the Chinese Government against the
legislative restrictions already imposed on Chinese in Canada and
the Australian colonies, Her Majesty’s Government could not urge the
government of Canada to propose any fresh measures of that
nature.
The Canadian government, however, as will be seen in the minutes,
have expressed their willingness to prevent in all proper and
legitimate ways the violation of the laws of the United States by
the citizens of the Dominion, and the present representation of the
United States Government shall be forwarded to them without delay,
with a request that it may receive their prompt attention.
I am, etc.,
[Page 323]
[Inclosure.]
Report of a committee of the privy
council.
The committee of the privy council have had under consideration a
further dispatch, dated December 27, 1890, from Lord Knutsford,
inquiring when a reply may be expected on the subject of the
resolution of the Senate of the United States (in which the House of
Representatives had concurred) respecting the proposal that
negotiations would be entered into with Great Britain and Mexico,
with a view to securing treaty stipulations with those governments
for the prevention of the entry of Chinese laborers from the
Dominion of Canada and Mexico into the United States contrary to the
laws of the United States.
The subcommittee of council to whom the matter was referred observe
that the frontier between the United States and Canada has a length
of over 3,500 miles extending from the Atlantic to the Pacific
Ocean, and this frontier is for the most part a mere geographical
line dividing large open expanses of land and water.
It is not seen how it would be possible to apply effective police
protection along a line extending across the continent of America,
even were it found desirable to do so.
The subcommittee state that the total number of residents in Canada
of persons of Chinese origin as established by the last census
(1881) was only 4,383.
It is not probable that at the present time this number is materially
exceeded; an estimate based upon the best information attainable
places the number at present in Canada at less than 6,000.
Persons of Chinese origin who enter Canada pay a per capita tax of
$50, whereupon their legal right to freedom of movement from point
to point in the Dominion is the same as that of any other subjects
or citizens of foreign countries who enter Canada. There is no
Canadian law by virtue of which restrictions could be placed on
Chinese residents in Canada to fetter their freedom of movement any
more than on any other foreign resident.
The Dominion are therefore of opinion that no practical way exists by
which effect could be given to the request embodied in the
resolution of the Senate and House of Representatives of the United
States above referred to.
Extracts from a report of the privy
council.
The committee of the privy council have had under consideration a
dispatch dated May 19, 1891, from Lord Knutsford, respecting the
proposal that negotiations should be entered into between the United
States, Great Britain, and Mexico with the view of preventing the
entry of Chinese laborers into the United States by way of Canada or
Mexico.
The minister of customs has, after careful investigation, reason to
believe that the reputed entrance of Chinese laborers into the
Ignited States from or via Canada has been exaggerated, and that
such reports are largely due to sensational newspaper items having
little or no foundation in fact, as in the case narrated in the
dispatch of Lord Salisbury to Sir J. Pauncefote, bearing date
February 11, 1891, wherein it is stated that the United States
minister had informed him (Lord Salisbury) that “it happened that a
Chinaman had found himself on the bridge between the United States
and Canada at Niagara unable to go south on account of the law of
exclusion from the United States, or north on account of the poll
tax in Canada,” which incident was upon investigation at the time of
its reported occurrence found not to have occurred.
That Chinamen do sometimes succeed in evading the United States
exclusion act by smuggling themselves into the United States from
Canada is probably true, and it is certainly true that they
sometimes succeed in evading the payment of the capitation tax
imposed under the Chinese immigration act by smuggling themselves
from the United States into Canada, but it is believed that in
neither case in numbers sufficient to cause anxiety or to warrant an
expenditure on the part of Canada necessary to effectually prevent
such smuggling, even were it found practicable.
Chinamen leaving Canada for the United States or elsewhere violate no
Canadian law. They are entitled to the same freedom of movement as
citizens of any other country. “Certificates of leave” are provided
for by the Chinese immigration act, and can not be refused them when
applied for. The Chinese immigration act does not, however, permit
of reentrance into Canada except on payment of the prescribed
capitation tax or the production of a “certificate of leave.”
The minister further observes that the United States Government, in
asking that the Chinese who may have left Canada without a
certificate of leave should be readmitted without payment of the
capitation tax, is asking that Canada do what it refused to do under
like or similar circumstances.
[Page 324]
Chinese laborers, former residents of the United States and holders
of certificates taken out in good faith and confidence, entitling
them under the act of May 6, 1882, chapter 126 of the United States
Statutes at Large, to leave the United States and return thereto,
found themselves on their return, under the provisions of the
exclusion act of September 13, 1888, chapter 1015 of said statutes,
absolutely debarred from admittance to that country. Vide extracts hereto attached from the United
States acts above referred to, as well as copy of a circular issued
by the United States Treasury Department, dated August 1, 1891,
embodying the decision of the Supreme Court of the United States, in
which Mr. Justice Field in delivering the opinion of the Court
remarks, referring to the act of 1888: “And it further declared no
certificates of identity under which by the act of May 6, 1882,
Chinese laborers departing from the country were allowed to return,
should thereafter be issued, and it annulled every certificate of
the kind which had been previously issued, and provided that no
Chinese laborer should be permitted to enter the United States by
virtue thereof.” Vide also the Canadian act,
chapter 67, Revised Statutes, hereto attached, particularly sections
8, 13, 17, bearing upon the same subject.
The minister can only repeat the words embodied in the report on the
reference jointly to him and to the minister of agriculture, of a
copy of Lord Knutsford’s dispatch of the 18th November last, that he
is of opinion that no practical way exists by which effect could be
given to the request embodied in the resolution referred to of the
Senate and House of Representatives of the United States and he does
not think he would be justified in recommending any further
legislation of a restrictive character against the Chinese who are
in the Dominion, and who have made Canada their home under the law
as it now exists, particularly in the direction suggested by the
American minister in London to Lord Salisbury as set forth in his
lordship’s dispatch of May 14, viz, that Canada should by
legislation assume the responsibility of placing officers on the
frontier to “assist the United States in enforcing the provisions of
the statutes of that country” in preventing Chinese from crossing
the frontier without the permission of the United States
authorities.
The minister desires, however, that his lordship be assured that it
is now and always has been the desire of the Canadian government to
prevent in all proper and legitimate ways the violation of the laws
of the United States by the citizens of the Dominion.
