Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-09-07
CHINESE MERCHANTS EXEMPT.
They Can Land from Other Ports than
Chinese without Certificates

SnluCSS WilAous SSi tlACdbtS
The applica ton of Lee Yam Chow, one
of the alleged Chinese merchants detained
on board of the Rio de Janeiro, was again
Tuesday morning before Justice Field and
Judge Hoffman in the United States Cir.
cult Court, the latter acting as ex officio
Circuit Judge.
Mr.. Bergin appeared for the petitioner,
who commenced argument, and among
other things maintained that as the petit.
toner left Panama on July 3lst, on an
American vessel, he was on American soil
at the time the Act of May 9Th went into
effect.
Justice Field, in response to an argument
made by Assistant District Attorney Van
Duzer, said " The Act provides that only
Chinese laborers shall be restrained from
coming to the United States. There is no
provision inserted to show that, if Chinese
merchants are ise6ed here from foreign
place, by captain. without possessing Ger.
tifcates, there is any pepalty attached.
My impression is that it doss not ap
ply to any Chinese merchants but
to prevent laborers from coming here
The Act was not made to break
up our commercial relations with
China. A certificate can only be allowed
laborer, to permit him to return to this
country. In this ease it is not necessary !;
but case of this kind, where Chinese
merchant comes to this country from a
foreign place other than China, without
papers showing him to be such, cnuld he
brought before me, and | could make the
writ returnable before the United States
Supreme Court. If they had forbidden
| any merchants to land they would have
attached penalty"
Mr.. Van Duzsr commended that as gen.
eral rule Cinnamon must be presumed to be
laborers merchants, diplomates, etc., were
the exception, and, therefore, they must
show that they are other than laborers. II
Chinese merchants can come here from
foreign places other than China, without
certificates, a lot OF twenty or more might
come direct from China, go to Victoria,
stay there few days and then come into
| the United States, swearing that they
are Chinese merchants and had been
| living for years in British Columbia, and
thus the law would be evaded. To issue
commission to take evidence at the place
where the Chinsman alleged he resided, to
contradict his statement, pending a petit
tion Of habeas corpus, would involve great
trouble. He then read letters from the
! Attorney General Of the United States and
Secretary of State Folger, in which those
gentlemen had construed the word ''come"
into the United States to mean from all
foreign ports.
Judge Hoffman-How could Chinese
merchant who goes from this place to Vic
toria return to this city, as no certificate
| would be Issued him here. he being mer-
chant! No such construction of the Act
was thought of by Congress.
After further argument, Justice Field
said SO far as laborers are concerned,
they cannot be brought here from any
place, and Chinese merchants arriv.
ing from China must have docu-
ments to show them to be such,
| if they come from any other place.
They should not be prevented to land, as
merchants or laborers are easily distin.
| guished. As far as this petition is con-
| cerned, the question that he is a merchant
is not denied, he having introduced docu-
mentary proof. Judge Hoffman will rem
der written decision in this case, and il
our views differ in some peints, shall rep.
der an additional one, but we are both Jos
the opinion that the petitioner should be
discharged.