The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-09

Judge for itself how tar that comfy ought to ex-
tend The reasonable limitation is that it shall no.
suffer prejudice by its comfy"
On q recent occasion IL affirmed by the SUI
preme Court Of Louisiana, that the rule IN regard
to the universal validity of contracts, is subject
only 10 the exception that the contract, To winch
mid is REQUIRED, should not, either in itself in the
useo to give IL effect, work an Injury 10 tho
inhabitants OF the country where it is attempted TO
be enforced
| The cases which form exception to the rule. as
to the universal validity of contracts, have been
classified by eminent legal authorities Among
those enumerated, contracts to corrupt eyade
the due administration of justice; contracts 60 cheat
public agents, TO defeat the public rights; con-
tracts which opposed to the national policy aod
institutions; and III short, all contracts which, in
their own nature, are founded IN moral turpitude
and are inconsistent with the good order and solid
interests OF society. All such contracts, though
they might be held valid in the country where they
are made. would be held void elsewhere ~ least
ought be, if the dictates of Christian morality,
even OF natural justice. are allowed to have their
due force and influence III the administration of
International jui isprudence There cannot be "A
reasonable doubt that contracts made in China With
the subjects OF that empire, by their own country
by resident foreigners Tor the performance OF
work and labor within the State of California
within the class Of contracts here enumerated OK
ceptous to the rule, in respect to the universal
validity of contracts This question will form an
appropriate subject for the consideration Of courts OF
| law; but | cannot ioIbcar to express the opinion
that such contracts ought not to be recognized or
enforced within the limits OF this state, either upon
| the score of international comfy or law.
If it be admitted that tho introduction Of one
hundred thousand, or less number Of Coolies,
into this State. under such contracts with non resi-
dents, may endangcr the public tranquility, and n
nrously affect the interests OF our people, then We
are bound to adopt measures to avert such owls.
therefore respectfully submit TO your consideration
two distinct propositions:
lst. Such an exercise of the taxing power by the
State as will check the present system OF di erimi
nate and unlimited Asiltic emigration
I'd A demand, by the State Of California, pr tho
prompt interpositon of Congress, by the passage q
IN act p OH biting :" Coolies, shipped 10 California
under contracts, from uboring in the mincs oi this
State. With the consent of tho state, Congress
would have the clear right TO interpose such safe
guards in their wisdom might be deemed neccs-
sary. The power to taN, well "a to entirely OK
cule this class OF Asatc imm ants, 1t Is beloved
csu he consiitutionay exercised by the state. Is
the SUBJ ect is one OF great magnitude, nave deem
cd il my duty 10 examine the Opinions OF eminent
writers on international law, as well as the written
opinions Of the Judges Of the supreme Court OF the
United States.
Ii might be urged as m objection TO the imposi-
ton Of tax that such statute would be -,ula.
tion Of commerce. and that tho power to regulate
commerce is exclusively reposed in Congress. I'm
aware that majority of the Judges composing the
Supreme Court Of the United States have decided
tina; statutes pissed hy the Legislatures Of ew
York ard Massachusetts, imposing q tax on pas
seIge.s 81 ship from foreign port, We're reGaia-
tiuis OF foreign commerce, aud chat the power ~
e'AAhh'NAsN
Congress, the statutes were void But the whole
court were understood q concedc the right Of Inc
State to tax immigrants after they were on shore.
The power OF States 10 exclude Immigrants IS hiso
, | shown hy the best writers international law,
a well as by the decisions of tho Supreme Coart OF
: tie United States Mr. Justice Woodbury. remark
ed in his opinion given in the OF Norris the
| city Of Boston, shat :. it having been, both in
, Europe and America, matter Of municipal regna-
ton whether aliens shall Or shall not reside in any
particular State its borders, il follows
| fhntif n pft.uS liaDses. -
Of clear right. exclude Them entirely and, as
f Their proof and illustration that this power exists
III The States, and has never been parted with. it
was clearly exercised by Virginia, as to other than
, paupers and it is now exercised, IN one form or
another, rs to various persons, by more than hall
!, the States OF the Union.
In the case abeve referred to, involving the ques
ton whether the State Of Now York. imposing taxes
, upon alien passengers arriving in the ports Of thai
State, contrary to the constitution OF the Unitot
: States, five Of the Judges Of the Supreme Cour
delivered opinions in the Affirmative, and four il
the negative. In delivering his dissenting opinion
:. Chief Justice fancy remarked that ''tne first in
6 quiry suggested by these eases was whether, unde
! tne constitution Of the United States, the Fedora
6 government has the power to compel the scvera
Id SI"tes " nulniu; OK class OF person
.hought very Clear both upon the principle an
enc authority OF adjndged eases, that the severs
10 states have right TO prevent from entering m
state any person, class descriptions of persons
IS whom u may deem dangerous or injurious 10 III
i interests ana welfare of its citizens: and that Oh
II
/ sound discretion whether the danger does or doa
not exist. free from the control OF the general 20
/. yoinment.' o -
But without further reference to the able on;no,
! uehNeied "a TINS case BY Mr. Justice fancy, / vii
remark that the principle involved in the recamman
cation That have made does not apper to me 10 b,
Sn.reiy analogous to that contained in statutes
y view ! OK and Massachusetts, and declared TO b,
by the Supreme Court of the United
states. Ia those cases it was pronoseJ Ia imnasa
g tax upon free white persons" who could alnn;re
inc rights OF American citizens But in tho nra
ba,;ond IL IS proposed to tax persons who 1t i;
peneVeu, cannot assume the obligations innosaJ
upo nor acquire the civil political privileges u
citizens OF the United States In those coses thn
pubic heahh merely was endangered; but it is be.
heyed that in this instance tho most vital interost.
OF the State and people, and perhaps. tho nnbiic
peace, at stake Whether the objection ra;,cd
py me supreme Court to the statute Of New York.
.he.n "':s regulation OF commerce. and that
.heIetofe, ~ was void would apply to a statute OF
this state, imposing similar tax upoa A States 7
must ieave 10 to YOU and to other tribunals to d.
termine. " 70
There no official information in this department
,ouchnS thc nature Of the contracts said Co have
peer made with Asiatics by their own countrymen
or by foreign residents in the Chinese empire ~
Work Work our mines II is not officially known to this
department. whether those persons are hero in
state Of voluntary or involuntary seryitude R,t r.
that their emigration and seryitude arc
Voluntary, am still of the opinion that the Lcrisla
.ure may enact laws to prevent discourage shin
mehts o. vast bodies of Coolies into this StateII
am convinced that there is nothing in the fcder,I
constitution which forbids the enactment &c S'ah
laws. "' u such
1t is remarkable fact that the treaty concluded
at Wang Hya. on the Sd of July, 1916, between the
United states and China, contains no provisions in
relation to the civil or political privileges which tho
subjects of the Chinese empire immigratinr to the
United states shall enjoy 1t is true that this treaty
guarantees important commercial privileges to our
ci.zens; put IN the exercise of these privileges, no
encroachments are made upon the rights or tho
property ofChna. The measures which have now
recommended you to enact would not, of course.
justify any retaliation by Chinese upon Americans
now residing in that country
Indeed, in view of the fact that in all the oovern.
ments OF Europe and Asia, foreigners are excluded
from mines, and in view of the further fact that in
those countries, the precious metals are commonly
retained by the government to tho excnsion auo ~