The Nevada journal., 1852-05-01

have mentioned in the precedin,
portion of this communication, that mum
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
full performance Of the contracts. II thi.
intelligence is correct, it may well be
doubted whether such contracts should
be recognized or enforced within the
limits Of this State. Mr.. Justice Story
in his Commentaries upon Conflict Of
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 recog-
niss or enforce any contracts whieh are
injurious to its otcn interest, or those of
its oscn subjects. Mr.. Justice Martin
has expressed it in the following terms ::
Tho exception applies to cases in which
the contract is immoral or unjust, or in
which the enforcing it in State wouid
be injurious TO the rights, tho interest or
the convenience Of such State, or its cit,-
Gems.
This exception results from the con-
sideration that the authority Of the act
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, md 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-
talon 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, sis 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 arc
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
hos IL l.. IL
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 reasonable doubt shat contracts
made in China, with the subjects Of that en-.
pirc, by their own countrymen, 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.
meratcd, 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-
nzed or enforced within the limits of this
State, either upon the score Of international
comfy or law.
II 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 iniuriously affect the
interests OF our people, then we are bound
TO adopt measures TO avert such evils I
therefore respectfully submit for your con.
sideration two distinct propositions:
LIST. Such an exercise of the taxing power
by the State, as will check the present sys-
TEN Of indiscdminate and unlimited Asiatic
emigration.
I'd. A demand by the State of California
for the prompt intcrposition of Congress, by
the passage Of an act prohibiting Coolies,
shipped to California under contracts, from
laboriug in the mines of this State. With
the consent Of the State, Congress would
have the clear right to intcrpose such safe
guards rs 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 constitutionaIly
exercised by the State. As the subject is
one of great magnitude, have deemed it my
duty to examine the opinions of eminent
writers on international law, as well 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 a tax, that such statute would
be regulation of cemmercs, and that the
power to regulate commerce is exclusively
reposcd in Congress ] am aware that ma
jorty 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 n tax
on passengers Of a ship from foreign port
were regulations Of foreign commerce, and
that the power to regulate commerce being
exclusively reposed in Congress, the statutes
were void. But the whole Court were un.
dcrstoed to concede 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, rs we'll 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
r 4