apply to Chinese women. But even without this express statutory prohibition it has been held that neither Chinese nor Japanese are white persons within the meaning of the naturalization laws of the United States, and therefore not capable of being naturalized. (5 Sawyer, 155, and 6 Sawyer, 541.) In Fong Yue Ting v. United States (149 U. S., 716) the United States Supreme Court in 1892 said: "Chinese persons not born in this country have never been recognized as citizens of the United States nor authorized to become such under the naturalization laws." To the same effect was the case of In re Gee Hop (71 Fed. Rep., 274). It seems to me, therefore, that both Chinese and Japanese women are classes excepted from the rule that the citizenship of the husband determines that of the wife; but as they are the wives and mothers of United States citizens you should always be ready to use your good offices in their behalf. I am sending the question to the Department of State for its submission to the law department thereof. As to the children, section 1993, Revised Statutes, says: "All children heretofore born or hereafter born out of the limits and jurisdiction of the United States whose fathers were, or may be at the time of their birth, citizens thereof, are declared to be citizens of the United States." The race or citizenship of the mothers appears not to effect the status of the children. I am, etc., E. H. CONGER. Mr. Hay to Mr. Conger. No. 622.] DEPARTMENT OF STATE, Washington, February 5, 1903. SIR: I have to acknowledge the receipt of your dispatch No. 1169, of December 11 last, requesting the opinion of the Department respecting the status of Chinese and Japanese women married to American citizens. The views expressed in your letter of December 11, 1902, to the United States vice-consul at Hankow as to the status of Chinese and Japanese women married to citizens of the United States are correct. The clause in section 1994 of the Revised Statutes, "and who might be lawfully naturalized," is designed to exclude women not eligible to naturalization under the general statutes of the United States from the operation of the general rule that marriage confers upon the woman the citizenship of her husband. The question has formed the subject of judicial decision in the United States. Mr. Justice Field in delivering the opinion of the Supreme Court of the United States in the case of Kelly v. Owen (7 Wallace, 496) said: "The case turns upon the construction given to the second section of the act of Congress of February, 1855, which declares that any woman who might lawfully be naturalized under the existing laws, married, or who shall be married, to a citizen of the United States shall be deemed and taken to be a citizen of the United States.' As we construe this act, it confers the privilege of citizenship upon women married to citizens of the United States, if they are of the class of persons for whose naturalization the previous acts of Congress provide. * The terms who might lawfully be naturalized under the existing laws' only limit the application of the law to free white women. The previous naturalization act existing at the time only required that the person applying for its benefits shall be a 'free white person' and not an alien enemy. * * A similar construction was given to the act by the court of appeals of New York in Burton v. Burton (40 New York, 373). As indicated by you in your letter to the vice-consul, the citizenship of legitimate children born abroad follows that of the father under our statute. I am, etc., JOHN HAY. MANCHURIA-CORRESPONDENCE CONCERNING OPEN PORTS, EVACUATION BY RUSSIA, ETC.« Mr. Conger to Mr. Hay. [Telegram.-Paraphrase.] LEGATION OF THE UNITED STATES, Peking, December 16, 1902. (Mr. Conger reports that the Russians are arranging with the Chinese Government customs service for Talienwan and some interior Manchurian ports, similar to, but independent of, the maritime customs, and under Russian commissioner instead of English; post-offices under the same control.) No. 1175.] Mr. Conger to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: I have the honor to confirm my telegram of the 16th instant concerning the proposed establishment of a customs service under Russian control at Dalny (Talienwan) and other ports in Manchuria. The completion of the Manchurian railway and the creation of an open commercial port at Dalny, its terminus, make additional customs facilities necessary in that corner of the Empire. I have been unable to get exact details, because the arrangement is not yet completed, but it will provide a principal custom-house at Dalny, where goods to be used in Dalny and the Russian-leased territory immediately surrounding will be free. Those to be consumed in Manchuria will pay the regular Chinese import duties; those going into Russia the Russian tariff, all being collected at one office. Another station will be located where the railway crosses the border between Manchuria and Siberia, and others where necessary. It is proposed to establish post-offices where they have not yet been established by the maritime customs, and I understand they are to await the Russian evacuation of the second portion of the territory which should take place April 8, next. The customs service, however, is to go into effect as soon as an agreed arrangement can be arrived at. SIR: Referring to your telegram of the 16th ultimo I have to say that the Department does not think that there is any ground on which a See Foreign Relations, 1902, pp. 271, 281. the Government of the United States could take any action against the arrangement being made between the Russian and Chinese Governments for the establishment of customs stations at Talienwan and some interior Manchurian points, or against the post-office service in the same country. The only point with which we can be concerned is that the duties levied at these places do not exceed the regular tariff duties levied at all other points in the Chinese Empire open to foreign trade. That the customs stations to be created should be under Russian commissioners is most natural. There being a number of Russians in the imperial maritime customs service, it would seem but natural that they, or some other Russians, should be employed in these offices. * * * * * The letter of the Russian minister of foreign affairs to our ambassador at St. Petersburg, under date of the 18th of December, 1899 (see Correspondence Concerning American Commercial Rights in China, p. 17, a copy of which is herewith inclosed), defines pretty clearly the position of the Russian Government respecting the creation of customhouses in the leased territory in China. You will watch the arrangements that may be reached between China and Russia on this subject, and should they in any way prove a menace to American interests and violate in any way the treaty provisions, you will take such action as the circumstances may require and your experience dictate. I am, etc., JOHN HAY. [Inclosure.-Translation.] Count Mourarieff to Mr. Tower. MINISTRY OF FOREIGN AFFAIRS, MR. AMBASSADOR: I had the honor to receive your excellency's note, dated the 8th-20th of September last, relating to the principles which the Government of the United States would like to see adopted in commercial matters by the powers which have interests in China. In so far as the territory leased by China to Russia is concerned, the Imperial Government has already demonstrated its firm intention to follow the policy of "the open door" by creating Dalny (Ta-lien-wan) a free port; and if at some future time that port, although remaining free itself, should be separated by a customs limit from other portions of the territory in question, the customs duties would be levied, in the zone subject to the tariff, upon all foreign merchandise without distinction as to nationality. As to the ports now opened or hereafter to be opened to foreign commerce by the Chinese Government, and which lie beyond the territory leased to Russia, the settlement of the question of customs duties belongs to China herself, and the Imperial Government has no intention whatever of claiming any privileges for its own subjects to the exclusion of other foreigners. It is to be understood, however, that this assurance of the Imperial Government is given upon condition that a similar declaration shall be made by other powers having interests in China. With the conviction that this reply is such as to satisfy the inquiry made in the aforementioned note, the Imperial Government is happy to have complied with the wishes of the American Government, especially as it attaches the highest value to anything that may strengthen and consolidate the traditional relations of friendship existing between the two countries. I beg you to accept, etc., COUNT MOURAVIEFF. No. 1228.] Mr. Conger to Mr. Hay. LEGATION OF THE UNITED STATES, SIR: With reference to the question of the establishing of customs stations at Dalny and other Manchurian ports under Russian control, mentioned in my dispatch No. 1175, of December 17 last, which was the subject-matter of Department instruction No. 606, of January 3, and of which I hereby acknowledge receipt, I have the honor to report that the Chinese Government still refuses to agree to the Russian scheme, and as yet it has not been put in force. The Chinese are insisting upon the adoption of the plan now operating at Ts'ing-tao, in the German-leased territory, to wit, a customs station under the management of the Imperial Chinese customs, but operated by German employees of the customs service. In this case the Chinese wish the stations to be under the direction of the imperial customs, but operated by Russians detailed from the customs service. The Russians insist upon having the entire management and are using every argument and pressure to make the Chinese consent, and threaten to establish the stations whether or not the Chinese Government agrees, claiming, under the provisions of their railroad agreement, that they can do so. At present large amounts of cotton goods are arriving at Niuchwang, through Port Arthur and Dalny, without paying any import duties whatever, and considerable quantities of raw silk and other commodities are exported through the same way. I inclose copies of two dispatches from Consul Miller upon the subject. E. H. CONGER. I have, etc., [Inclosure 1.] Mr. Miller to Mr. Conger. No. 156.] CONSULATE OF the United STATES, SIR: I have the honor to acknowledge your dispatch, No. 1749, of February 16, 1903. In reply thereto I find that no customs have yet been established by the Russians either at Dalny or at any other place in Manchuria. They have endeavored to engage the services of men here to enter the service at Dalny, but so far none have accepted. Mr. Protassieff is established at Dalny with a force of men ready to begin the collection of customs duties, but is waiting for orders. I am inclined to the opinion that the Russians will make a demand that they have charge of the customs at Dalny and other points on the railway in return for turning over the customs at this port. Agents of the Chinese Eastern Railway have been at work here recently endeavoring to secure contracts for carrying millet from here to Japan via Dalny. By this means they would evade the native customs. They have made some very cheap rail and steamer rates and some shipments have been made, but I have not been able to learn how much cargo has been engaged. Quite a large quantity of goods are now coming into this place through Port Arthur and Dalny, and much is going that way into the interior without paying customs duties. I am, etc., HENRY B. MILLER, Consul. No. 158.] [Inclosure 2.] Mr. Miller to Mr. Conger. CONSULATE OF THE UNITED STATES, SIR: I have the honor to report that during this month something over 5,000 bales of piece goods have come to this place through Dalny without paying any customs duties, and 2,500 bales of raw silk have been exported through Dalny without duty; also large quantities of millet have been exported to Japan. The Russians have taken over some temples here and are fitting up a school to teach Russian to the Chinese. It is also reported that they do not propose to turn over to the Chinese the temple grounds and buildings where their troops are quartered, but will retain them for purposes of their own. They acquired a large tract of land in the heart of the foreign settlement from the Chinese at nominal cost and have constructed a large and substantial building to be used as a consulate. This building is now about completed. I have, etc., HENRY B. MILLER, Consul. Mr. Conger to Mr. Hay. No. 1233.] LEGATION OF THE UNITED STATES, Peking, March 10, 1903. SIR: I transmit herewith copies of a dispatch from Consul Miller, of Niuchwang, concerning Russian operations in Manchuria. I have, etc., [Inclosure 1.] Mr. Miller to Mr. Conger. E. H. CONGER. No. 161.] CONSULATE OF THE UNITED STATES, SIR: I have the honor to report that the branch construction of the Chinese Eastern Railway into Mukden from the main line is completed and will be in operation in a few days. The survey from the main line of the Chinese Eastern Railway into Kirin, a distance of about 100 miles, has recently been completed and construction of the line will soon begin. By these two branches the Russians will have direct communication with the two capitals of the southern provinces of Manchuria, viz, Shengking and Kirin. Surveys are under way for an extension of the Russian railway system into Korea, and it is rumored that construction will not be long delayed. The Russian Government has established at Mukden a diplomatic officer with a rank equal to a consul-general, who will remain there permanently after withdrawal as the resident diplomatic representative. His real duties will be those of adviser to the Tartar general. The headquarters of this official are to be at the railway station, just outside of the city of Mukden, where a Russian community is to be established, under the protection of Russian troops known as the railway guard. SIR: I have the honor to inclose copies of correspondence with Consul Miller, at Niuchwang, upon the question of the establishment of FR 1903 |