Sacramento daily record-union., 1883-09-26

went up, therefore, most urgent appeals
from the Pacific Coast to the Government
! OF the United States. to take such meas
ures as would stop the further coming
of Chinese laborers. The effect of these
appeals was the sending of Commissioners
4 to China to negotiate for a modification
of the treaty of 1865. The supplement-
ary treaty OF 1850 was the result. This
treaty authorizes legislation restricting the
emigration of Chinese laborers TO the
! United States whenever our Government
should be of opinion that the coming of
such laborers would affect or threaten 10
affect the interests of the country or en-
danger its good order, but expressly stip-
ulating that its provisions should not ap.
ply to other classes going to the United
States.
The Act of May 6, 1882, followed this
new treaty, and in speaking of it in the
case of the Chinese merchant which was
before us last year, We said referring to
merchants as a class-that it was framed
in supposed conformity with che provisions
of the treaty, and that in :he inhibitions
which it imposes upon the immigration of
Chinese there was no purpose expressed
IN terms TO go beyond the Limitations of the
treaty. Undoubtedly, so far rs the sub
jects Of Cniua are concerned, no purpose ia
shown by the Act to go beyond those lin
itations, and that is all THAI was intended
by language which has been supposed TO
have broader meaning.
1t was felt necessary 60 obtain a modif-
cation of the treaty with China before
legislating with reference 70 the immigra.
tion Of Chinese. Tde Government of
Chine, without such modification, would
have had just ground Of complaint. It
was never supposed that any Of the
European Governments, having within
their possessions in the East Chinese sub.
jects, would make any complaint to their
exclusion from our country, II was well
known that the English colonies in Aus
traia had either entirely excluded or had
plscad under very narrow restrictions the
immigration OF Chinese into them, without
any objection from the mother country.
The complaints there from the conflict
OF white with Chinese labor had been as
deep aud as strongly expressed as any
which ever arose from this State Legis-
lation by Congress- exclud NJ or restricting
the immigration would never have been
SO long delayed except from q desire rot
to offend the Chinese Government. No
was deemed necessary to the
position of other Governments with re.
spsct to Chinese within their borders. So
when the Act Of Congress was passed it
had 4 double purpose. It wss to carry
out, as its title indicates, certain treaty
stipulations with China, and also to ex-
clude Chinese laborers coming from anv
part of the world. It's trainers knew, as
we all know, taat the island of Hongkong
would pour Chinese laborers into our coun-
try every year In unnumbered thousands,
unless they also were covered by the Re-
striction Act. So the Act declares in it's
first section that from and after the expira-
tion Of ninety days from its passage, and
until the expiration of ten years, the COM
ing of Chinese laborers to the United
States, without any limitation of the coun-
try from which they might come, is BUS
pended, and during such suspension. it
shall not be lawful for any Chinese la
borsr to come, or having come, after the
expiration of the ninety days to remain
within the United States.
The second section makes it misde-
punishable by fine or imprison.
ment or both, for the master of vessel
to knowingly bring into the United States
on his vessel, and land or permit TO be
landed any Chinese l9borer from any foreign
port or place. Tne language in these sec
tions is sufficiently broad and oomprs-
hensive to embrace all Chinese laborers,
without regard to the country of which
they may be subjects. And the twelfth
section declares that any Chinese person
found unlawfuly within the United
States shall be removed therefrom by dj-
rection of the President to the country
from whence he came not necessarily 20
China, but the country from whence he
came.
Our attention has been called to a recent =
decision of Judges Lowell and Nelson of
The Clrcui. Court of the United $ 9tes for
.he District of Massachusetts,, in which q
1H-rent conclusion was reached by them.
Those Judges considered that the Act Of
Congress was simply intended to give
feet TO the stipuations OF the supple.
ueutary treaty. Undoubtedly, as already
aid, that vas one OF its objects but it ia
very evident. bota from the circumstances
lnder WHOM it was passed and from its
anguage, thar 1t had a still further object.
The construction which we give renders all
is provisions consistent with each other.
The whole purpose Of the law to exclude
Chinese laborers from the State would be
defeated by any other construction.
The release Of the petitioner must be
ienied, and he must be returned to the
hip from which ne was taken. And it is
10 ordered. FIELD, Circuit Justice.
SAWYER, Circuit Judge.