No. 76.
Mr. Frelinghuysen to Mr. Holcombe.

No. 160.]

Sir: I transmit herewith for your information copies of a recent circular of the Treasury Department, enjoining the customs officers to enforce the provisions of Article II of the treaty of November 17, 1880, with China, relative to importations of opium by Chinese subjects.

You will communicate two copies of this circular to the foreign minister.

Acknowledging, in this relation, the receipt of your interesting dispatch, No. 57,

I am, &c.,

FRED’K T. FRELINGHUYSEN.
[Circular.]

opium—importations by chinese subjects.

To Collectors of Customs and others:

Article 2 of the treaty with China, proclaimed October 5, 1881, provides as follows, viz:

“The Governments of China and of the United States mutually agree and undertake [Page 134] that Chinese subjects shall not be permitted to import opium into any of the ports of the United States, and citizens of the United States shall not be permitted to import opium into any of the open ports of China, to transport it from one open port to any other open port, or to buy and sell opium in any of the open ports of China. This absolute prohibition, which extends to vessels owned by the citizens or subjects of either power, to foreign vessels employed by them, or to vessels owned by the citizens or subjects of either power and employed by other persons for the transportation of opium, shall be enforced by appropriate legislation on the part of China and the United States; and the benefits of the favored-nation clause in existing treaties shall not be claimed by the citizens or subjects of either power as against the provisions of this article.”

The attention of collectors of customs is invited to the article, and they are hereby directed to enforce its provisions.

Opium imported into any of the ports of the United States by Chinese subjects will be seized and held for forfeiture. All parties concerned should take notice of the provisions of section 3082, Revised Statutes, to the effect that if any person shall fraudulently or knowingly import or bring into the United States, or assist in so doing, any merchandise contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported contrary to law, such merchandise shall be forfeited, and the offender shall be fined in any sum not exceeding $5,000 nor less than $50, or be imprisoned for any time not exceeding two years, or both.

In the case of such importations of opium already shipped, the Department, on special application, will decide what measures should be taken for the remission of the forfeiture incurred.

Officers of the customs will take pains to bring the provisions of this circular to the attention of Chinese subjects who have heretofore been in the habit of importing the article into the United States.

CHAS. J. FOLGER,
Secretary.