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As I have heretofore had occasion to say to you, I have reason to believe that the Geary act will be modified at the next regular session of Congress, and I see no ground for your apprehension lest a postponement of action thereon will bring about violations of good order to the injury of the Chinese residents in this country.

On the contrary, the last few months have fortified my belief that the people of this country are disposed to leave the whole question to Congress, where it belongs, instead of resorting to harsh or unlawful means against the Chinese; and I am sure that, on your return to your own country, you will bear witness to this temperate sentiment.

Accept, etc.,

W. Q. GRESHAM.

Mr. Gresham to Mr. Tsui Kwo Yin,

DEPARTMENT OF STATE,

Washington, August 24, 1893.

SIR: Adverting to your note of the 18th instant in relation to the Chinese disturbances in Fresno and Tulare counties, Cal., I have the honor to inclose herewith copy of a letter upon the subject received from the private secretary of the governor of California.

Accept, etc.,

[Inclosure.]

Mr. Higgins to Mr. Gresham.

W. Q. GRESHAM.

EXECUTIVE DEPARTMENT,

Sacramento, Cal., August 18, 1893. (Received August 24.)

DEAR SIR: I am directed by the governor to acknowledge receipt of your telegram of this date in relation to the Chinese disturbances in Fresno and Tulare counties. Information from the same source (Chinese consul-general at San Francisco) reached the governor yesterday by telegram.

While the governor does not anticipate any violence or bloodshed, he at once notified the peace officers of the two counties to take all precautionary measures to prevent any outbreaks against the Chinese that should be attempted.

He has also requested the proper officers of the two counties to keep him informed in relation to the movements and proceedings in such matter. Your obedient servant,

M. R. HIGGINS,

Private Secretary.

Mr. Gresham to Mr. Tsui Kwo Yin.

DEPARTMENT OF STATE,

Washington, August 31, 1893.

SIR: I have the honor to say that on receipt of your note of the 18th instant, in which you made known to me the contents of a report from the consul-general of China at San Francisco, that Chinese in Fresno and Tulare counties, California, had recently been subjected to mob violence, I telegraphed the governor of that State.

I am now in receipt of a letter of the 23d instant, from the governor, informing me that he had immediately communicated with the sheriffs of both counties. The sheriff of Fresno County has replied that he does

not anticipate violence, but if any is attempted, he is fully prepared to protect life and property there.

The sheriff of Visalia says no violence has been offered toward Chinese in Tulare County "other than what has occurred in Tulare and been published in the papers;" that he does not anticipate any violence, and will take all precautionary measures for their protection and that of their property, and will notify the other peace officers of the county. I regret that now and then your countrymen in the United States have been subjected to annoyance and illegal treatment, but it is gratify. ing to be able to assure you that the sentiment of the people of the United States towards the Chinese grows perceptibly more tolerant. Accept, etc.,

W. Q. GRESHAM.

Mr. Yang Yu to Mr. Gresham.

CHINESE LEGATION,

Washington, D. C., September 7, 1893. (Received Sept. 7.)

SIR: I have the honor of inviting your attention to the contents of the telegrams received on the 5th istant from Mr. Li Yung Yew, Chinese consul-general at San Francisco, and also from the Chinese Board of Trade at Los Angeles, Cal., which are inclosed. From the information imparted in these dispatches and from advices from other sources, it is evident that an effort has been inaugurated to enforce the sixth section of the Geary law, by the systematical arrest of large numbers of Chinese residents, who were entitled to the benefits of registration under the said law. His Imperial Majesty has been led to believe that no arrests and orders of deportation of Chinese residents of this class would be made until after the Congress of the United States should further legislate upon this subject, so that an opportunity to repeal, modify, or enforce the law might be afforded that honorable body. Has this policy of the Government of the United States been abandoned? I sincerely hope it has not.

I would also respectfully say that the Chinese residents are greatly alarmed at the present attitude of the people toward them in California, and no doubt have good reason to anticipate violence to their persons and property as a result of the present excitement, which is entirely unprovoked on the part of the Chinese people. I have the honor to request that you take cognizance of these matters yourself, and also, that through your courtesy His Excellency, the President of the United States may be informed of the same.

Accept, sir, etc.,

YANG YU.

[Inclosure 1.]

Chinese Board of Trade to Chinese minister.

[Telegram.]

LOS ANGELES, CAL., September 6, 1893.

SIR: Proceeding being taken to deport certain Chinese from United States, one man connected with mercantile house in Los Angeles, who leased land and hired laborers to perform the work, he dealing vegetables in conjunction with other partners in store, ordered deported this morning. Name is Chun Sang Yuen. action be taken for our protection? Answer.

Can any

CHINESE Board of TRADE.

[Inclosure 2.]

Mr. Li Yung Yew to Mr. Yang Yü.

[Telegram.]

SAN FRANCISCO, CAL., September 6, 1893.

The following telegram has just been received: Twenty and more Chinese arrested to-day for not complying with the Geary act, and hundred others will follow. Notify the consul-general and the minister at Washington for our protection at once. Signed Chinese Board of Trade, by Quong Sang. Please wire us what you have done in the matter, in order that we may inform our people here and Los Angeles.

LI YUNG YEW,

Chinese Consul-General.

[Inclosure 3.]

Mr. Lung Yew to Mr. Yang Yü.

[Telegram.]

SAN FRANCISCO, CAL., September 6, 1893. The district judge, southern district of California, this morning ordered deportation of a Chinaman who had failed to register as required by the Geary act. The district attorney handed the judge a telegram from the Attorney-General, stating that there were no funds to deport Chinamen who were arrested for failure to register. The judge held that the appropriation made by Congress was for the purpose of carrying out the provisions of the entire act, and that there is no authority for the segregation of the appropriation to certain portions, but that the whole must be used for all purposes until exhausted, and that he had no judicial knowledge of the latter. One hundred and fifty more warrants will be applied for in Los Angeles to-morrow, and warrants will also be applied for in this city. We respectfully ask you to call the attention of the Secretary of State to this matter immediately. The only redress is to be had either through the Executive Departments of the Government or through Congress. The authority of the bill has stated that the intention of the bill was not to deport our people from the country. This being true, the Executive Department ought to be able to prevail upon Congress to give some relief. The Chinese act upon legal advices and the decision of the Supreme Court, which was a five to three decision, shows that the advice was given in good faith. The advice that the law was unconstitutional was given by Choate and Carter, of New York, and Ashton, of Washington. Some relief must be had immediately, or our people will be shipped out of the country and great loss of property will result.

LI LUNG YEW,

Consul-General.

Mr. Gresham to Mr. Yang Yü.

DEPARTMENT OF STATE,

Washington, September 9, 1893.

SIR: I have the honor to acknowledge the receipt of your note of the 7th instant, in which you bring to my attention the reports which have reached you from the Chinese consul-general at San Francisco, and from the Chinese Board of Trade at Los Angeles, California, touching proceedings in the courts at the latter place looking to the deportation of certain unregistered Chinese persons under the sixth section of the Geary act. You state your apprehension that these proceedings indicate a systematic effort to enforce that law by arresting and taking before the courts large numbers of Chinamen who failed to comply with the requirements of that act, and refer to His Imperial Majesty's belief that no arrests or deportation of Chinese residents of this class

would be made until after the Congress of the United States should further act upon the subject so that an opportunity might be afforded to repeal, modify, or enforce the law by appropriate legislation.

The policy of the Government in this regard remains the same as when I spoke to your honored predecessor on the subject some months since, and as stated in my note of May 5th last, to Mr. Tsui, the executive power of the Government has not, for reasons previously stated, initiated any steps looking to the effective execution of the act. I should add, as I told you yesterday, that a bill amending the act by affording another and ample opportunity for your countrymen to register is expected to be introduced in Congress forthwith, and I doubt not it will receive the careful and earnest consideration it deserves.

You are, however, doubtless aware that, under the constitutional organization of the Government of this country, the executive, legislative, and judicial functions are distinct and independent, and that the judicial power is not subject to the orders of the executive.

I am as yet not officially advised of the decision of the courts in the cases to which you refer, or of the extent to which they have taken cognizance of the complaints laid before them. The act makes it the duty of the Secretary of the Treasury to execute sentences of deportation, and I can assure you that he is earnestly alive to the especial circumstances that surround the matter at the present juncture.

With regard to the concluding passage of your note, I can not share your belief that the Chinese residents of the United States have good reason to anticipate violence to their persons and property as a result of the excitement now supposed to exist. A note which I send to you communicating the action of the authorities of the State of California in view of a rumored demonstration against Chinese residents in San Bernardino County and in advance of any representation in behalf of the interested persons, will show you the earnest determination of the State officers to cause law and order to be maintained and to employ all lawful power to that end.

Accept, etc.,

W. Q. GRESHAM.

Mr. Gresham to Mr. Yang Yü.

DEPARTMENT OF STATE,
Washington, September 9, 1893.

SIR: In connection with my notes of the 24th and 31st ultimo, concerning the probable outbreaks against the Chinese in Tulare and Kern counties, California, I have the honor to apprise you of the receipt of two letters from the executive of the State of California of the 1st and 2d instant.

It appears that the sheriff of San Bernardino County was apprehensive that an anti-Chinese demonstration would occur at Redlands on the evening of the 1st instant and requested that the militia of that place and of San Bernardino County might be called to his assistance if necessary. To this appeal Governor Markham directed the brigadier-general of the State militia in that part of the State to take proper steps to have the troops at those points ready for action and to promptly call them out if in his judgment the necessities of the situation required it. Governor Markham further directed that law and order must be maintained throughout the State,

By a telegram of the 2d instant from James P. Booth, sheriff, to the governor, who has transmitted it, with his letter of that date, it is reported that no demonstration was made on the 1st beyond the cutting of electric wires in San Bernardino. Sheriff Booth believes that the determined stand taken by the State authorities averted whatever trouble may have been feared, and he has notified the National Guard that he had no longer need for their services.

I am sure you will be glad to learn of the prompt and patriotic action of the governor and other officials of the State of California to maintain peace and order.

Accept, etc.,

W. Q. GRESHAM.

Mr. Yang Yi to Mr. Gresham.

CHINESE LEGATION, Washington, September 10, 1893.

SIR: Adverting to our conversation of to-day in which you suggested that appeals ought to be taken in the deportation cases in California, I have the honor to inclose a telegram, just received, from the Chinese consul-general, in which he advises me that such appeals have been applied for and granted by Judge Ross, but that such appeals are rendered ineffective and useless by the refusal of the judge to allow a stay of proceedings. It seems to me that if the persons are entitled to appeals they are also entitled to a stay of proceedings until the cases can be finally decided by the Supreme Court. Will you kindly inform the President of the existing condition of affairs?

Accept, etc.,

YANG YU.

Mr. Yang Yi to Mr. Adee.

CHINESE LEGATION,

Washington, September 27, 1893. (Received Sept. 28.)

SIR: I have the honor to ask your especial attention to the facts related in a telegram just received from the Chinese consul-general at San Francisco, bearing date the 26th instant, which is inclosed. Under all the circumstances it appears that the arrest from day to day of respectable Chinese laborers and their incarceration in the jails of California is not only useless, but the procedure in the cases very unusual, and results only in cruelty to such Chinese subjects and in the loss and destruction of their property. The denial of bail in the habeas corpus cases which have been appealed to the Supreme Court of the United States is unprecedented, and no such cruel treatment or denial of justice in cases of this class is even contemplated in the drastic provisions of the so-called Geary law. No crime has been committed by these persons, yet they are treated as though they are guilty of the highest offenses known to the law, and held in custody while their property and effects are wasted or destroyed.

I desire to suggest that the attention of the Attorney-General of the United States may be directed to the existing state of affairs, with the hope that he may be able by some method of his own to obtain, through the action of the United States district attorneys who have charge of

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