No. 728.
Mr. Bayard to Baron de Fava.

Sir: I have the honor to acknowledge the receipt of your note of the 17th ultimo, inclosing copy of a note from the Italian consul-general at New York, protesting against what he believes to be an erroneous in terpretation by the collector of that port of the immigration act of 1882, in that he holds the term “convict” to be applicable to those who have served out their sentences of imprisonment.

A copy of your note has been transmitted to the Treasury Department, and I have now the honor to state that I am informed by the Secretary of the Treasury that that Department has uniformly held that an immigrant, previously convicted of a criminal offense, does not cease to be a convict within the meaning of the term as used in the act above-mentioned when he completes the term of his imprisonment.

It thus appears that the ruling of the collector, which was called in question, was in accordance with the unbroken course of decisions of the Treasury Department.

Accept, etc.,

T. F. Bayard.