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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,
Washington, February 8, 1892.

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,
Washington, March 4, 1892.

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.

Accept, etc.,

WILLIAM F. WHARTON,

Acting Secretary.

[Inclosure.]

Governor Toole to Mr. Blaine.

THE STATE OF MONTANA,
EXECUTIVE OFFICE,

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 Gilletté 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 March 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

much it disregards the observation of the treaty stipulations; but this is not what my Government expects of the United States Government. Accept, etc.,

TSUI KWO YIN.

Circular note of the foreign office in Peking, left with Mr. Wharton by the Chinese minister March 24, 1892.

[Translation.]

Whereas the posting up of anonymous cards in the streets is prohibited by laws which are very strict in that respect. Ever since the suppression of the Long-haired and Nienfei rebellions, peace has been reigning all over the country; but the scattered militiamen who have been discharged, as well as the idle people, whenever they intended to revolt against the Government, would invariably make the preaching of the foreign missionaries as their good cause, with a view of enlisting popular sympathy. Thereupon they spread about prophetic songs and idle tales in tracts printed by them with illustrations, which being so vulgar and disgustful that no decent person would read or glance at them. However, the ignorant people, like some credulous persons who could easily be scared by a false alarm that there is a tiger at large in town, would always be apt to be incited to the commission of some very serious crimes; hence the cases of missionary riots during the present year have been the results of the above-mentioned prophetic songs and false rumors. Some time ago we received a telegraphic dispatch from the viceroy of Hukwong, in which he stated that such prophetic songs and false rumors are the root or cause of all troubles, and that any perpetrator of the said crime, when, convicted thereof, should be at once executed, which is a proper measure consistent with the excellent method of timely removal of fuel from a fire. It is therefore necessary that all local authorities should use their strenuous efforts in searching for, apprehending, and punishing the offenders; and, furthermore, it is also necessary that the authorities of all provinces should unitedly work together in the same direction, to the end that any approaching danger may be nipped in the bud.

We have repeatedly received from Mr. Brandt, the German minister at Peking, printed tracts and statements slandering the western religions and all kinds of prophetic songs and pictures, and what was worse still, forged official documents of our yamên, as well as false official proclamations and letters of governors general and governors, and also forged memorials to the throne, which were apparently the works of crafty and malicious persons. We have sent copies of the above-mentioned tracts, etc., to all the governors general and governors who are affected thereby, with a request that they make inquiries, cause the apprehension and severe punishment of the perpetrators, for these false rumors would not only interfere with national intercourse, but would easily cause a rupture between nations. It is more necessary that the offenders should be severely dealt with for the maintenance of the domestic government of China.

It is therefore our duty to communicate with you on the subject and request that you command all the officials under you to make inquiry and prohibit the posting of anonymous placards in the streets, etc., which, when seized, should be destroyed by fire, and to arrest and severely punish any person guilty of same, in order that possible danger may be averted. We hope to receive an answer from you.

Mr. Blaine to Mr. Tsui.

DEPARTMENT OF STATE, Washington, March 29, 1892. SIR: I have the honor to acknowledge the receipt of the translation, which you were kind enough to leave at the Department on 24th instant, of a circular of the Imperial Government, dated January 7, 1892, apprising the governors of all the provinces of the Empire of the attitude of the Government toward the fomenters of civil discord. Thanking you for the information, I avail, etc.,

JAMES G. BLAINE.

Mr. Tsui to Mr. Blaine.

CHINESE LEGATION,

Washington, D. C., April 12, 1892. (Received April 12.)

SIR: In your absence from the Department on yesterday I called upon Mr. Wharton, the Assistant Secretary of State, and communicated to him the substance of a telegram which I received on the day before from the tsung-li yamên, communicating that it had received information of the passage of a bill by the House of Representatives of the United States prohibiting the future coming of Chinese to the United States, and I was directed to bring the matter to your attention, in view of the fact that the said bill was understood by the tsung-li yamên to be in violation of our treaty stipulations.

In answer to my inquiry as to what course I should adopt in view of this instruction, Mr. Wharton stated that if I should send a note to the Department setting forth the views of my Government the Department would take pleasure in transmitting a copy of it to the Committee on Foreign Relations of the Senate, which I understood from him had the bill now under its consideration. I beg, therefore, to direct your attention to the fact that the said bill violates every single one of the articles of the treaty which was negotiated in 1880 by the Commissioners who were sent out from your Government to China for the express purpose of agreeing with the Chinese Government upon such a treaty as the Government and people of the United States wanted, by which to regulate the immigration of the people of China to the United States. The record of the negotiations which took place in 1880 will show that the American Commissioners laid before the Chinese Government the terms of the treaty which they desired and which they said would prove satisfactory to their people. In answer to their request the Chinese Government made that treaty and have since that time sought in all ways within its power to have this and all other treaty stipulations between the two countries faithfully executed so far as the Chinese Government is concerned. My Government can not, therefore, understand why a bill should now be introduced into Congress which violates outright all the provisions of that treaty, which was made at the express request of the United States.

The bill about which I now write you not only violates Article 1 of treaty of 1880 in making absolute the prohibition of the coming of Chinese laborers to the United States, but contains legislation which is in violation of the last clause of the article, which says that the leg

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