GREAT BRITAIN. FILIPINO SEAMEN HELD NOT TO BE CITIZENS OF THE UNITED STATES. MEMORANDUM. BRITISH EMBASSY, Washington, May 26, 1900. Cases have recently occurred in which British merchant vessels arriving at Boston from the Philippine Islands bring Filipinos as seamen on board, properly signed on the articles. These men, on arrival at Boston, ask for their discharge, as they claim to be United States citizens, and as such they can be discharged with the sanction of the British consul. But if they are not considered United States citizens, consular sanction to their discharge would have to be refused. The customs authorities at Boston hold that the Filipinos in question are not entitled to claim American citizenship. The undersigned would be glad to be made acquainted with the view of the State Department with regard to this point, which appears to be dealt with by Article IX of the treaty of peace between the United States and Spain, signed at Paris December 10, 1898. PAUNCEFOTE. MEMORANDUM. DEPARTMENT OF STATE, With reference to the request contained in the memorandum of the British embassy of May 26 last, for an expression of the views of this Government upon the matter of the citizenship of Filipinos, intended for the guidance of British consuls at ports of the United States in determination of the question whether they may or may not discharge Filipinos who, serving as seamen on British merchant vessels, ask to be discharged at United States ports before the voyage for which they have signed articles has terminated, the Attorney-General, to whom the subject has been referred, writes, under date of July 12, that the question is not to be lightly determined. A man may be a citizen in one sense of the word, or from certain points of view, or for certain purposes, yet not in every sense nor for all purposes. He asks to be informed more definitely what the facts in the cases which have arisen may be, and in what manner the question of citizenship presented itself, believing that he would thereafter be better able to pass upon the subject. MEMORANDUM. BRITISH EMBASSY, Newport, R. I., August 13, 1900. With reference to the memorandum of the State Department of July 19, relative to the question of the citizenship of Filipinos who, serving as seamen on board British vessels, claim to be discharged at United States ports before the termination of the voyage for which they have signed articles, the following more definite information obtained from Her Majesty's consul-general at Boston is submitted as requested, showing in greater detail how this question of citizenship has been raised. The question first arose in May and June, 1899, when three British sailing vessels arrived at Boston, having, respectively, six, ten, and nine Filipinos on board, properly and legally shipped as seamen. The ship's articles in each case were not ended, nor had the men shipped to be discharged at a United States port; but on arrival at Boston they all desired to be paid off there. Her Majesty's consul-general at first refused his sanction, as in case of their becoming destitute it was not clear what Government would be responsible for their relief and protection. The seamen themselves claimed to be United States citizens and the masters of the ships were of the same opinion. The difficulty in this case was got over by some of the men shipping again at once, while the masters agreed to become liable for the others in case of their decoming destitute. The question arose again at Boston last May, when the British ship Treasurer arrived in port with ten Filipino seamen on board. They also requested to be paid off, and on consular sanction being refused, they all deserted. It is hoped that the above information will suffice for the purpose mentioned in the memorandum of the State Department above referred to. MEMORANDUM. DEPARTMENT OF STATE, Washington, February 28, 1901. With reference to the question asked in two memoranda from the British embassy, dated May 26 and August 13, 1900, whether Filipinos regularly shipped on British merchant vessels are regarded by the Government of the United States as citizens of the United States, so that when the British vessels upon which they have shipped touch at ports of the United States the Filipino seamen have the right to demand to be discharged although the voyage for which they have shipped may not be ended, the Attorney-General, to whom the question was referred, holds, in his opinion dated February 19, 1901, that seamen born in the Philippine Islands "are not citizens of the United States within the meaning of any statutes concerning seamen or any other statute or law of the United States." EXCLUSION OF BRITISH AND AUSTRALASIAN VESSELS FROM TRADE BETWEEN THE UNITED STATES AND HAWAII. No 424.] Mr. Choate to Mr. Hay. [Confidential.] AMERICAN EMBASSY, London, November 10, 1900. SIR: I have the honor to report that I was recently waited upon by the agent-general for New South Wales in London, and the agent-general for one of the other Australian colonies, in reference to the alleged operation of the United States navigation laws upon Hawaiian international commerce, and especially as affecting trade between Australasian and American ports in vessels not wholly owned by Americans. and registered in the United States of America. Their desire was to obtain some relaxation of the strictness of those laws as affecting such trade. To my suggestion that the more usual course would be to present the matter to you through the British embassy at Washington, they said that they were aware of that, but had obtained permission from the foreign office to approach me on the subject. As the matter appeared to be of some importance, and apparently no such relief as they sought could be obtained except through legisla tion, I told them that if they would present the matter in writing I would transmit it immediately to you, and had no doubt that it would receive due consideration. Accordingly, the agent-general of New South Wales has now addressed to me a letter on the subject, which I inclose, and shall await your instructions as to any answer to be made thereto. I have, etc., [Inclosure.] Mr. Copeland to Mr. Choate. [Confidential.] JOSEPH H. CHOATE. WESTMINSTER CHAMBERS, 9 Victoria Street, Westminster, S. W., November 7, 1900. SIR: At the request of the government of New South Wales (whose representative I am in London), and with the concurrence of the governments of the other Australian colonies represented by their several agents-general, I have the honor to informally approach you on the following subject, having first obtained the assent of Her Majesty's Government to the adoption of this somewhat unofficial course of procedure. The subject on which I am about to address your excellency has reference to the provisions of the United States navigation laws, so far as they relate to Hawaiian international commerce. Owing to the application of the laws in question, it has become impossible for any of the mail steamers trading between Australasian and American ports to carry passengers and goods between the United States and Honolulu, unless such steamers are wholly owned by Americans and registered in the United States of America. As that trade has hitherto represented a very valuable portion of the commerce of this route, Australasian owned shipping is now placed under very serious disadvantages, and in this connection I may mention that the new steamship Moana, which was only recently placed on the San Francisco line by the United Steamship Com pany of New Zealand, will have to be withdrawn from that service unless some concession is accorded by your Government with respect to the laws referred to. Further, those laws are so stringent that produce of the United States, even when for convenience of carriage is being sent to a foreign port for transshipment, can not be landed at Honolulu by an alien vessel, and the effect of this has been that the Australian-Canadian mail steamers have lost the trade of Tacoma and Seattle, the produce of those places having hitherto been sent to Vancouver, British Columbia, for shipment to Honolulu. I may mention that when Hawaii was annexed to the United States it was anticipated by the Australasian colonies that at any rate an interval of some years would have to be allowed to elapse between annexation and the application of the American navigation laws to the Hawaiian territory. The whole of the colonies composing the Commonwealth of Australia are unanimous in their desire that the United States Government may be induced to adopt such means as may be available to them for relaxing these restrictions on our international trade. In New South Wales the question has been raised and also debated in Parliament, while the chambers of commerce and representative men have strongly urged upon the Government that some action should be taken in the matter as soon as possible. As an inducement to your Government to favorably entertain this question, I may point out that in addition to the commerce between the United States and the other Australasian colonies (including New Zeland), a large trade is being rapidly developed between your country and the mother colony of New South Wales. Last year (1899), 9 American steamers and 60 sailing vessels from the United States entered the ports of New South Wales, conveying no less than 87,000 tons of your goods; while, during the same period (1899), 8 American steamers and 60 sailing vessels left New South Wales, conveying to your ports 79,798 tons of our goods. As a further instance of this rapid development it may be noted that the value of our imports from your country in 1895 amounted to £624,268, whereas for last year (1899) those imports had swollen to £2,219,319. On the other hand, the value of our exports to your country, which in 1895 amounted to £683,606, had increased to £2,392,281 in 1899. So that our total trade with the United States last year amounted to £4,611,600, having grown to that sum from £1,307,874 in 1895, during a period of only four years. I would further urge on your attention the fact that the greater portion, if not the whole, of the American goods for which New South Wales provided a profitable market, were allowed to enter our ports free from the imposition of any customs duties, besides being liberally treated with respect to port charges, etc., and I venture to suggest that such commercial liberality on our side is entitled to considerate treatment from the Government of the United States of America. In conclusion, I beg therefore to ask that your excellency will be so good as to make representations to the United States Government with a view to such relaxation being made in the application of their navigation laws as will permit of passengers and goods being conveyed, as formerly, by Australasian-owned shipping between American ports and Honolulu, at least for some years to come. SIR: Referring to your No. 424, of November 10 last. I now inclose for your information a copy of a letter from the Secretary of the Treasury, giving at length the reasons why the request of the London agent-general of New South Wales for such a relaxation of the navigation laws of the United States as would permit the conveyance of passengers and merchandise between American ports and Honolulu in Australian-owned shipping can not be granted. I am, etc., DAVID J. HILL, [Inclosure.] Mr. Gage to Mr. Hay. TREASURY DEPARTMENT, Washington, January 4, 1901. SIR: I have the honor to acknowledge the receipt of your letter of November 22, 1900, inclosing a communication, forwarded confidentially by our ambassador to Great Britain, from Mr. Henry Copeland, general agent for New South Wales at London, in which he requests of the United States "such relaxation being made in the application of their navigation laws as will permit of passengers and goods being conveyed, as formerly, by Australasian-owned shipping between American ports and Honolulu, at least for some years to come." You request an expression of my views. In reply thereto I have the honor to state that the act to which Mr. Copeland refers was passed in pursuance to the traditional policy of this Government which reserves trade between American ports to American vessels. The enactment of this legislation was probable from the date of the annexation of Hawaii, but the interval of nearly two years was allowed to elapse before that policy was carried into effect by act of Congress. It was assumed that this interval would be sufficient for such readjustment of shipping relations as the policy of the United States would require. The desire of the United States to promote friendly commercial relations with the British Australasian governments has been shown by the liberal appropriations of the Congress for the maintenance of an ocean mail service, which has lately been improved, for the mutual benefit of citizens of the United States and British Australasian subjects. In the judgment of this Department it is not feasible to reopen the question as Mr. Copeland suggests. Respectfully, L. J. GAGE, Secretary. [Private and confidential.] Memorandum prepared by the premier of New Zealand. Left by Lord Pauncefote at the Department of State March 1, 1901. The annexation of Hawaii by the United States and the bringing of that group of islands under the provision of their navigation laws, thus preventing British owned vessels from carrying on trade between these islands and the United States, is calculated to have a serious effect upon the trade of the colony of New Zealand. For thirty-one years the mails between England and New Zealand have been carried by steamers subsidized heavily by the Government of this colony, and until the 24th of October last one steamer owned by a British company trading here has regularly taken part in this mail service. The service has now, however, been transferred to an American owned line of steamers-that of Spreckels Brothers--the United States Government giving a direct subsidy of £52,000 per annum for ten years. With this subsidy, added to the fact that none of the steamers of this colony can trade between Hawaii and the United States, it follows that the colony is completely excluded from conveying either its own mails or passengers or cargo to that country; and in addition to this the steamers, which are being run to the prejudice and exclusion of its own vessels, operate against British owned steamers trading between Australia and New Zealand, as upon their trips here they will necessarily carry passengers across intercolonially, and this will result most prejudicially against the development of trade by its own steamers, even in its own waters. Another way in which the altered service will operate against the possible introduction of an alternate service in this country is this: |