The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1883-02-01
IN. Y. independent
IN. IHueptHutHI'I
Mitigation of the AbOminatiOn.


ter to the Chinese minister to the
United States communicating to hin
the opinion of Attorney Genera
Brewster, which is to the effect thai
the Chinese law does not apply
to "a Chinese laborer coming to this
country merely to pass through it,
on his way to China or to any Other
country; and, hence, that such la
borer is not to be considered as with.
in the prohibition Of the law" since
he is .tneither an immigrant nor E
laborer." The law applies ''only te
the Chinese who come here to stay as
laborers." The Secretary says that he
has called the attention of the Secre-
tary of the Treasury to this opinion
and that the latter will frame such
regulations as may be necessary to
permit the transit of Chinese labor.
ers,' which will be communicated to
the Chinese minister in due season.
This, unless the regulations them
selves shall be oppressive and unjust
will be some mitigation of the abom-
ination which, on the 9th of May
1882, was placed in the statute book
of the nation. We understand that
there are about twenty thousand Chi
namen in the West Indies, who will
soon desire to return to their native
land and to whom it will be a great
convenience and saving in time and
expense if they are permitted to make
their transit homeward through the
United States. The barbarism Of de-
nying to them this privilege is equaled
only by the general barbarism of the
whole law. Attorney-General Brews-
ter reaches his conclusion not from
any exception or qualification sup
piled by the law itself, but rather by
reasoning from what he supposes was
the intent Of Congress, and, as we
Judge, from the generous impulses of
his own heart. We have no doubt
that, from the very outset of the in
quiry, he intended to come to the
conclusion, if it were possible.
The courts of the United States, so
far as they have had occasion to ex-
pound the law, have shown a tendency
to reduce its unjust and oppressive
/ features to their minimum quantity,
and yet keep within the terms of the
law. While it is not in their power
to explain the whole Of it away by
mere Interpretation, and thus repeal
the law altogether, their construction
has been in the direction Of mitiga-
ton. A Chinese laborer, for example,
on board of an American vessel, is
held to be within the jurisdiction of
the United States and to retain the
right of residence in this country
which he may have previously acquir-
ed under the treaty with China If a
Chinese laborer is a part of a ships
crew, and the ship torches at
an American port, for the purpose
of loading or unloading, and re-
mains in such port long enough to
accomplish either Of these objects,
this has been held not to be within
the prohibition of the law; and, upon
being arrested under these circum-
stances, the Chinaman has been dis
charged by writ of habeas corpus
A Chinese laborer who embarked from
foreign port before the law went
into effect, and arrived in this coun-
try after it took effect, has been held
not to be within its prohibition. The
rights Of Cinnamon previously in this
country, under the provisions of the
Burlingame treaty, have been asserted
and protected by the courts. Indeed,
all the judicial decisions made since
the passage of the law have shown a
disposition to restrict it within as mar
row limits as possible, i'll view of it,
letter.,
It still, however, remains true that
the great Government of the United
States has solemnly declared that
from and after the expiration of
ninety days next after the passage of
this act, and until the expiration of
ten years next after the passage of
this act, the coming of Chinese la
borers to the United States be and
the same is hereby suspended" 1t
still remains true that 1.-The master of
any vessel who shall knowingly bring
within the United States on such yes
sci and land or permit to be landed
any Chinese laborer, from any foreign
port or place, shall be deemed guilty
of a misdemeanor, and, on conviction
thereof, shall be punished by fine of
not more than five hundred dollars
for each and every Chinese laborer so
brought, and may be also imprisoned
for a term not exceeding one year.
Tt still remains true that Chinese
laborer who was in the United States
on or before the 18th of November,
1880, who for any reason may wish
to 90 out of the country and return
again, must, unlike all other foreign
ers. go through the formality of OBJ
tanning descriptive certificate, to be
entered on registry books, as the
means of identifying him. An Irish
man. resident in the United States
can 90 and come when he pleases
! without any of this trouble; but 6
Chinese laborer, if resident here, can.
not do so.
The law makes two mean and con.
temptible determinations. One Of
them is against a civilized nationality
that had a history thousands of years
before the United States had any
being, and, moreover, a nationality
with which we are at peace and hole
important commercial relations anC
from which we have derived great ad
I'LL o4lox Of inr