tary of State by the Chinese minister at Washington, and its accompanying petition in relation to alleged improper interference by Treasury officials with Chinese residing on Whidbey Island, State of Washington, and instructing me to investigate the subject and to sunmit a report of the result with as little delay as practicable. The petition represents that officers of the United States connected with the Treasury Department are in the habit of going among Chinese persons who are engaged in agricultural pursuits on said island and without any warrant issued by a proper court, or without any proof other than mere suspicion, arresting them, and without any evidence whatever taking them before a United States commissioner and there requiring them to furnish white evidence that they are lawfully in the United States and on failure to do so the commissioner orders them deported to China. Upon making a careful investigation of the matter I have ascertained that the petition in question was instigated and prepared by certain attorneys at Seattle who were employed in the defense of the Chinamen hereafter referred to and that several of the persons signing the same, notably two, whose letters are herewith inclosed marked Exhibits A and B, did so under mistake and misapprehension of the facts; that the only ground for the presentation of such petition exists in the fact that during the month of August last some eighteen Chinese laborers were arrested on said island for being illegally in the United States; that these Chinamen were not arrested on mere suspicion nor without warrant from a proper court, inasmuch as on the contrary they were, after due consultation with Mr. P. H. Winston, the United States attorney for this district, and submission of evidence to him, arrested by Chinese Inspector Munn, upon warrants duly issued by a United States commissioner in the manner prescribed by the statutes; that the said Chinese were from the time of their arrest and until their discharge (eight having been discharged by the commissioner upon the hearing before him and ten by Judge Hanford upon appeal) treated in the same manner as other United States prisoners are treated, and fed with the same rations, and that, so far as I can learn, the evidence upon which the warrants were issued and the persons arrested fully justifies the action of the United States Chinese inspector. The evidence went to show that some of these Chinese were recognized at" Diegalah Bay" while passing on their way to the Chinese quarter of the island from a section where no Chinese are employed, and that they had but recently landed on the west bank, while as to others the proofs indicated that they had been on the island but a few days and that they had not reached there from any United States port. I may further state that the geographical position of Whidbey Island with its innumerable coves and hiding places and its close proximity to Victoria and other places in British Columbia, renders it a favorable resort for the illegal introduction of Chinese laborers, and that it is without doubt true that large numbers find their way to that island by canoes and small craft at night. In connection with this matter I inclose a communication addressed to the Secretary of the Treasury by a large number of the citizens of Whidbey Island (Exhibit C.) Respectfully, yours, C. J. MULKEY, EXHIBIT A. Mr. Pearson to Mr. Munn. COUPEVILLE, November 17, 1891. SIR: In relation to a petition, a copy of which I now have, and which I return to you, I wish to say that at the date of signing the petition I was misinformed, and accept your explanation and believe your actions to have been honorable and just. Mr. C. E. MUNN, DANIEL PEARSON. Chinese Inspector. EXHIBIT B. Mr. Gillespie to Mr. Munn. COUPEVILLE, WASII., November 19, 1891. SIR: In relation to a petition to the honorable Chinese minister, signed by me on August 25, 1891, I wish to say that I was misinformed of the facts at the time of signing the same, and believe your actions to have been honorable and just. JAMES GILLESPIE, C. E. MUNN, Chinese Inspector. EXHIBIT C. Residents of Whidbey Island to Mr. Foster. ISLAND COUNTY, STATE OF WASHINGTON, We, the undersigned citizens of the United States and residents of Whidbey Island, beg to submit the following facts in relation to a petition signed by eighteen citizens of this island, asking protection for Chinese laborers resident on said island from unjust molestation at the hands of Treasury agents and United States commis sioner: First. The conditions of facts set forth in said petition of August 25, 1891, are without truth and foundation in every instance. Second. To us it is firmly believed that, with few exceptions, at the time said petition was signed, nearly all Chinese residents on Whidbey Island were unlawfully on said island. Third. That while we believe in the rights of all residents of whatever nationality, we protest against any insinuations that advantage in any respect was taken in the efforts of the Treasury agents to enforce the provisions of the Chinese restriction act which have occurred on Whidbey Island. Fourth. That we believe said petition of August 25, 1891, was drafted at the instigation of certain lawyers, resident in Seattle, Wash., and who have long been employed as the attorneys for the Chinese firms interested in smuggling Chinese laborers into the United States and on Whidbey Island. Fifth. That we believe in the honor and integrity of the officials who were interested in the enforcement of the Chinese exclusion act at the time said petition of August 25, 1891, was signed, and heartily indorse their actions as being conscientious and honorable, and strictly in accordance with law and justice. J. B. LIBBEY and others. Mr. Pung to Mr. Blaine. CHINESE LEGATION, Washington, February 5, 1892. (Received February 6.) SIR: I have the honor to inform you that, from a report just received from the Imperial Chinese consul general in San Francisco, I learn that various residents of Butte City, Mont., have been obstructing in their lawful business and outrageously treating the Chinese subjects in that place, which fact I feel constrained to bring to your notice in the hope that you will kindly cause prompt protection, as guaranteed by the treaty stipulations, to be extended to them. It appears that in the month of November last various labor unions of Butte City passed a regulation prohibiting the people in the said city against trading and dealing with the Chinese subjects resident there, and at the same time placed guards at the front of the Chinese stores to arrest and punish any native who should be found to infringe the regulation. Subsequently the labor unions forbade the native landlords to hire any more of their houses to the Chinese, and ordered them to raise the rents of houses already tenanted by them. They further required the Chinese laundrymen to register their names, and attempted to extort from them each $10 for the same. Upon their refusal to comply with their demand the lawless people fired at them and assaulted some of them about the head with their pistols, so grievously wounding them that their lives were in peril. As the Chinese subjects resident in the United States are entitled to the protection of the laws of the country and guarantied to them by Article III of the treaty of 1880 between China and the United States, I beg respectfully to solicit immediate relief on the part of the outraged Chinese of Butte City, and hope that the necessary instructions may be issued to the local authorities of the State of Montana to take prompt measures for the suppression of such illegal actions and outrages committed upon the Chinese subjects there. Accept, etc., PUNG KWANG YU. Mr. Blaine to Mr. Pung. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of 5th instant, and to say that on hearing from the governor of Montana, who has been asked to investigate the alleged oppressive acts against your countrymen in Butte City to which you call attention, I shall address you further. A copy of your note has already been sent to the Attorney-General. Accept, etc., JAMES G. BLAINE. Mr. Wharton to Mr. Tsui. DEPARTMENT OF STATE, SIR: In further reply to the note of your legation of 5th ultimo, I have the honor to say that the governor of Montana has personally investigated the subject of the complaint touching certain alleged acts of oppression against Chinese subjects at Butte City in November last, and I inclose a copy of the pertinent part of his report. In the case of Fowler, which is believed to have been the particular occasion for the complaint which was made to you by the imperial consul-general at San Francisco, the record discloses that although the evidence in the case was conflicting the jury returned a verdict of guilty, and Fowler has been sentenced to the penitentiary for two years. I trust that the report of the governor of Montana will be satisfactory to you as establishing that everything possible has been and is being done to afford Chinese subjects in Montana the full and equal protection of the law. Helena, February 23, 1892. (Received February 27.) Further replying to your note of the 8th instant, with inclosure from the chargé ad interim of China at Washington, specifying certain acts of oppression alleged to have been committed by the labor union of Butte City, in this State, upon his coun trymen residing there, I have the honor to inform you that, accompanied and assisted by the attorney-general of Montana, I visited Butte City, and, pursuant to your request, have investigated the alleged acts of oppression referred to as having occurred in November, 1891. My investigation was public and exhaustive, and revealed the following state of affairs: In the month of April, 1891, the health officer's report of Butte City disclosed the fact that 841 Chinamen were residing in that city. In November, 1891, a census taken by direction of one or more labor organizations showed that the Chinese population had increased to 1,750, who were engaged in various occupations at wages below the current prices for the same kind of labor performed by other persons and to the exclusion of other worthy people, whereupon the labor organizations of Butte City instituted a "boycott" against the Chinese, but did not in fact make the same operative until January 1, 1892, since which time it has been observed by the members of such labor organizations. The effect of this "boycott" is to withdraw from the Chinese residing there all patronage of members of the various unions, but in no instance has a labor union, directly or indirectly, used force or violence respecting these people. Nor can it be shown that in any assault committed upon the Chinese that the assailant was a member of a labor union. Whatever may be said of the propriety of boycotting" by means of which people or a class of people voluntarily withdraw their patronage from others, I know of no law in this State to prevent it. Not an instance was brought to my notice, nor do I believe that one can be found. where force or violence was employed to enforce any demand of the unions. It is fair to say in this connection that the Chinese are not the only persons who are the objects of "boycotts" at Butte City, but that sundry merchants and other persons, without regard to nationality, are embraced within it, and so published to the world. It is doubtless true that isolated cases of assaults upon Chinamen have occurred at Butte within the last three months. The persons committing the assaults belong to the criminal classes and in nearly every instance were promptly arrested and punished. The court records show that during the present month four persons were tried, convicted, and sentenced for offenses committed against the persons and property of Chinese. I am confident that the charge of extorting money from Chinese laundrymen by force and violence grew out of the arrest of one Arthur Fowler on January 16, 1892, who entered a laundry, demanded money, and in default of which, fired at the keeper, and beat him about the head with his pistol. The most intelligent Chinaman whom I met in Butte, and who represented his countrymen in the investigation, told me that he knew of no other case where a similar demand was made, and that the consul-general at San Francisco who formulated the complaint had misunderstood the purport of the telegram sent him on the subject. Fowler has been in jail since his arrest, awaiting his trial at a regular term of court. He was, on the 18th instant, tried and convicted of the crime of assault with intent to kill and sentenced to the State penitentiary for two years. I will inclose a copy of the information, testimony, and judgment for your inspection as soon as the same can be procured. I know of no offense committed against the person or property of Chinese in that city where diligence has not been used to arrest the offenders. The most recent case that has come to my attention is the burning of a Chinese laundry about ten days ago at Meaderville a few miles distant from Butte. Warrants for the arrest of the guilty parties were immediately put into the hands of the sheriff of the county, who has made and is making every endeavor to apprehend them, and in the event of a failure so to do, then I am assured that a special grand jury will be called, thereby affording ampler facilities to that end. I inclose a letter from the sheriff of Silver Bow County, showing that no discrimination is made against Chinese in that county, but that they receive the same protection afforded other residents of the city and county. Trusting that the foregoing report may be satisfactory to the chargé ad interim of China at Washington and his countrymen, I have, etc., JAS. K. TOOLE, Governor of Montana. Sheriff Lloyd to Governor Toole. BUTTE CITY, MONT., February 17, 1892. DEAR SIR: With reference to the protection afforded Chinese subjects in this city and county, I beg to make the following statement, to wit: I have had and have at this date the following regularly-appointed deputies, stationed at the following points in this county: H. Hankley at Silver Bow Junction; Charles Wedlake at Meaderville; S. Hall and W. E. Harris, at Centerville and Walkerville; Deputies Ruddies Gillette and Collins at South Butte. I have also special deputies stationed at all railway (depots) entering this city and county. These deputies as above mentioned have all been instructed by me to arrest any and all persons found interfering with Chinamen in their lawful and usual avocations. And I have at the request of Chinese merchants appointed special deputies to protect China laundrymen against the unlawful acts of half-grown boys in throwing stones and snowballs. These specials have caused the arrest of several persons for such offenses, and in every instance the parties have been prosecuted, so that at this date very few complaints reach this office. In short, I have endeavored to offer the same protection to the Chinese as to all other residents. I am, etc., JOHN E. LLOYD, `Sheriff. Mr. Tsui to Mr. Blaine. CHINESE LEGATION, Washington, March 22, 1892. (Received Marchi 23.) SIR: I have to write to you now respecting a matter about which it is not pleasant for me to trouble you, and which I would not do if my duty to my Government did not compel me. As you know very well, the minister who represented the Imperial Chinese Government before me sent you and Secretary Bayard long notes about the violation of the treaties by the American Congress, and, no replies having been sent, I also, instructed to do so by my Government, have written you more than once on the subject. It has made me very sorry to have been the minister of my country in Washington so long without being able to obtain a reply to these notes about a matter in which China is so much interested. You will not forget that I have frequently taken occasion in my visits to you at the Department to speak to you about this subject, and that I have been promised by you a reply. I have written of this promise to my Government, and you will not be surprised when I say that it can not understand why the promised reply on so important a subject is not sent. Before my late visit to Cuba I spoke to you about it, and again when I called on you at the Department after my return, and on both occasions you assured me that an answer should be sent very soon. I would not trouble you now, but I have very lately received urgent inquiries from the tsung-li yamên and from the Viceroy Li Hung Chang, instructing me to again press for an answer to those notes of the legation. I beg, therefore, that you will do me the favor to send me a note about this matter very soon. I am more anxious than ever to know what you think about this matter, because I hear that more bills are proposed in the American Congress which, if they are favorably voted, will make still further violations of the treaties. Thus it seems to me that while the Congress is so anxious to enact laws against the Chinese, it does not consider how FR 92-10 |