The Nevada journal., 1852-05-01

have mentioned in the precedin
portion of this communication, that nun
bers of Asiatics have been and are sen
here, under contracts to labor for tern
Of years in our mines, at merely nomina
wages and that their families hav
been retained as hostages for the faith
ful performance Of the contracts. II thi
intelligence is correct, it may well b,
doubted whether such contracts shoult
be recognized or enforced within tn,
limits of this State. Mr.. Justice Story
in his Comm mentaries upon Conflict o.
Laws" and Foreign Contracts con.
tends with great force and clearnoss
that there is an exception to the rule
as to the universal validity Of contracts
which is, that no nstion is bound to reeog-
nice or enforce any contracts tchieh are
injurious to its oten interest, or those OF
its o,cn subjects. Mr.. Justice Martin
has expressed it in the following terms
"The exception applies to cases in which
the contract is immoral or unjust, or in
which the enforcing it in a State uouid
be injurious to the rights, the interest or
the convenience Of such State, or its citi-
gems.
"This exception results from the con-
sideration that the authority of the &C is
and contracts done in other states as
we'll as the laws by which they are reg
ulated, are not of any efficacy beyond
the limits of that state; and whatever
is attributed to them elsewhere, is from
comfy, and not of strict right; and, every
Independent community will, and ought
to judge for itself, how far that comfy
ought to extend. The reasonable limi-
ta,ion is, that it shall not suffer preju-
dice by its comfy"
On recent occasion, it was affirmed by
the Supreme Court Of Louisiana, that the
rule in regard to the universal validity of
contracts, "is subject only to the exception
that the contract to which aid is required,
should not, either in itself. or in the means
required to give it effect, work an injury to
the inhabitants of the country where it is at.
tempted to be enforced"
The cases which form an exception to the
rule as to the universal validity of contracts,
have been classified by eminent legal au-
thoritics. Among those enumerated are
ministration of justice; contracts to cheat
public agents, or to defeat public rights
contracts which arc opposed to the national
policy and institutions; and, in short, all con-
tracts which, in their own nature, are foun-
ded in moral turpitude, and are inconsistent
with the good order and solid interests of
society. All such contracts, even though
they might be held valid in the country
where they are made, would be held void
elsewhere, or at least ought to be, il the die
tates Of Christian morality or even of natu-
raj justice, are allowed to have their due
weight and influence in the administration
of international Jurisprudence There can
not be a reasonable doubt shat contracts
made in China, with the subjects of that en-.
pire, by their own countrymcn, or by resi-
dent foreigners for the performance of work
and labor within the State of California,
come within the class Of contracts here emu
me Grated, as exceptions 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; hut
cannot forbear to express the opinion that
such contracts ought not to be rccog-
nized or enforced within the limits of this
State, either upon the score of international
comfy or law.
If it be admitted that the introduction of
one hundred thousand, or of less number
OF Coolies into this State, under such con.
tracts with non-rcsidents, may cndangcr the
public tranquility and injuriously affect the
interests of our people, then we are bound
TO adopt measures to avert such evils |
respectfully submit for your con.
two distinct propositions.
lst Such an exercise of the taxing power
by the State, as will check the present sys-
tenn of indiscnminatc and unlimited Asiatic
emigration.
I'd. A demand by the State of California
for the prompt intcrposition of Congress bv
the passage of an act prohibiting Coolies,
shipped TO California under contracts, from
laboring in the mines of this State. With
the consent Of the State, Congress would
have the clear right to interpose such safe
guards as in their wisdom might be deemed
necessary The power to tax as well as
TO entirely exclude this class of immi.
grants, it is believed, can be constitutionaly
exercised by the State. AS the subject is
one of great magnitude, have deemed tiny
duty to examine the opinions Of eminent
writers on international law, as we'll as the
written opinions of the Judges of the Su-
premc Court OF the United States.
1t might be urged as an objection to the
imposition Of tax, that such statute would
be regulation of commerce, and that the
power to regulate commerce is exclusively !
reposcd in Congress. ] am aware that ma
lority OF the judges composing the supreme
court OF the United States. have decided that
statutes passed by the Legislatures of New
York and Massachusetts, imposing tax
on passengers of a ship from foreign port,
were regulations Of foreign commerce, and
that the power to regulate commerce being
reposed in Congress, the statutes
were void But the whole Court were un.
dcrstoed to conccde the right of the State to
tax immigrants after they were on shore.
The power of States to exclude immigrants
is also shown by the best writers on inter
national law, as well as by the decisions of
The supreme court OF the United States Mr.. |
Justice Woodbury. remarked, in his opinion
given in the case of Norris VS.. the city of
Boston, that "it having been, both in Europe
and America, matter of municipal reguia-