There being, therefore, no statutory provision prescribing the terms
upon which Chinese persons resident in foreign countries but not
subjects or citizens of such countries may prove their status and
rights as members of the exempted classes in the absence of a Chinese
representative in such country, the Secretary of the Treasury, in whom
the execution of the act of July 5, 1884, was vested, undertook to
remedy the omission by directing the revenue officers to recognize
as lawful certificates those issued in favor of Chinese subjects by
the Chinese consular and diplomatic officers at the foreign port of
departure, when viseed by the United States representative thereat.
This appears to be a just application of the spirit of the law, although
enlarging its letter, and in adopting this rule he was controlled by the
authority of high judicial decision as to what evidence is necessary to
establish the fact that an individual Chinaman belongs to the exempted
class.
He, however, went beyond the spirit of the act and the judicial
decisions, by providing, in a circular dated January 14, 1885, for the
original issuance of such a certificate by the United States consular
officer at the port of departure, in the absence of a Chinese diplomatic
or consular representative thereat; for it is clear that the act of
Congress contemplated the intervention of the United States consul only
in a supervisory capacity, his function being to check the proceeding
and see that no abuse of the privilege followed.
Pages:
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181