Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1882-10-28
T Ell E G R A P b G..
MIXED ASPECT OF THE
COOLIE QUESTION.
SERIOUS TROUBLES IN So
NORA.
IRREPRESSIB LIE FAIL E
PROPHET.
THE YELLOW FEVER IN
PENSACOLA.
The Chinese Question.

to letter from the Collector of Gu
toms at San Francisco. Assistant Secre
tary French of the Treasury Depart
rlent has addressed shat official tn.
following reply:
! Treasury Department, October 2O.h
SIR: Ihe question is presented
whether g. Chinese laborer who resided
in this country at the date of the con-
firmation Of the treaty OF November
Is. 1850, and who went to China before
! the passage of the Act of nIav 6, 1882,
! and y h1 has returned TO San Francisco,
is entitled to land withnu. producing
the certificate prescribed by sail Act,
and whether certificate of the Consul
late of China at San Francisco, issued
before the passage Of said Act, may be
received as proof Of his identity and
| former residence in this country. 1t
was nauitestiy not the Intent Of
Congress 10 take away from the Chi
nese laborer residing 10 this country at
the date OF the confirmation Of the
treaty of 1880 his right to go and re-
turn, and as 1t was impossible for
Chinese laborer who departed from the
country before the passage of the 4 ct
or 1882 70 obtain the certificate re.
quired By that Act, Congress could not
have intended to deprive him of the
night to return for not doing what was
impossible. In the case of the Chinese
cabin waiter, before Justices Field and
Sawyer in California, it was held that
the prohibition upon master Of ves-
sci against the bringing OF any Chinese
laborer does not apply to the bringing
of a iaborer already on hoard when it
touches at a foreign po-t. la the case
of a Chinese merchant. before judges
Field and Hoffman in California, it was
held that a Chinese merchant don,iciie1
ont OF CHINA when the act of Congress
was passed may come to this country
from foreign jurisdiction, ana that
proof OF the occupation Of such persons
may be made by parole. as it vas i'm.
possible for such Chinese merchants to
procure the certificate prescribed by the
statute which requires that his place of
residence ia China should be stated
therein. because he had no place Of resi-
denCe In China. 1t was further held in
that ease that the len yuage of C. ongress
should be construed IL possible IN har-
mony with the objects cf the treaty,
and then it will not be inferred that
Congress Intended to disr gard it's stip-
ulatioBs.
All statutes ara cons iruei with
reference to the object 10 view. Tha
commandment, Thou shalt not kill, ="
90 a.
tiOn of criminals. So the judges of
England construed the law which
enacted that prisoner breaking prison
should be deemed guilty of felony,
holding that it did not apply to one
breaking when the prison was on fire.
observing that g. prisoner was not to
be hanged because ne would not stay to
be burnt. The Act Of May g. 1882, pro-
yides in the first section that from
and after the expiration of 90 days
next after the passage of this Act, and
until the expiration If 10 years
after the passage of this Act. the
coming of Chinese laborers to the
United S 5ates he and the same is hereby |
suspended" Section second provides |
that ''the master of any vessel bring
ing any Chinese laborer from any for
eign port or place shall be punished by |
fins and imprisonment. Section third
provides that 6 the two foregoing sec. /
tions shall not apply to Chinese labor
ers who were in this country on the l7'h
dag Of November, $780," or who shall
have come into the same before the ex.
piration of ninety days next after the
passage of this Act, aud who shall pro.
duce to the master before going on
board snch vessel, or who shall produce
tn the Collector of the Port iu the
United States at (hich such vessel
shall arrive. the evidence hereinafter in
this Act required of his being one Of
the iaborers III this section mentioned"
Section fourth provides in substance
that for the purpose of identifying Chi
ness lahOrers who were in the United
States on the l7eh Of November, 1850,
,r before the expiration Of ninety days
after the passage OF the Act. the Col
ectoc shall give every such Chinese la
borer departing from the United States
l. certificate of identity, stating tbs
.ert,ti cate shall entitie such Chinese
aborer tn return and re.entsr the
United State u 1on producing snch Ger.
tiicate.
In the case before the Department
the returning Chinese laborer is unable
TO produce such certificate because he
left the United States before the statute
was passed. being however in the United
States at the date # the confirmation of
the treaty Of 1880. His right to return /
=: pleasure seems to be clear by the
terms of the treaty itself. By the
Burliugame treaty of 1868 the contract
TO- parties say that they recognize the in-
herent and inslienable right Of man to
change his homs and allegiance. "-tc. In
the sixth article Of that treaty it is de-
~ roj that st.st;zaus nf tt,a fYu:<.,J