New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-08-25
RESTRAINING THE CHINESE.
SAILORS NOT PERMITTED TO LAND.


A COMPLAINT AGAINST THE CHINESE CoNsuL-ihh
QUESTION IN COURT.
Fook q Chinese laborer on board the steamer
Pe,nbrokeshlre now lying I'D this port, Is aiesot
he wrongfuly detained on the vessel by the CAPTAIN
IN order that he may 9 pHI At the
fion of All Wong Ming, the Chnese Consul Cneng
Ping sued out a writ of habeas corpus Ia IaVo! Vi
bis countryman fOok p %hcn "Js ohn b.
appeared for Fook. return was made TO the VIII
on behalf of Captain Rickard. III whlcn tne reoenc
act OF Congress prohibiting, as mlsoemeahor
nunishable by fine and Imprisonment. the landing
or permitting to land in the United states OF any
Chinese labOrer, was set out. FooK, III was saia
was Chinese laborer. ana the captain IL
he allowed him TO land, would expose himself 10 the
penalties of the law-fne and imprisonment.
Mr. Townsend out in demurrer to the return 10
the writ. He said seaman was not laDorer
within the meaning OF the act The act was never
intended to apply to Chinese seamen VINO sDoulu
happen to come temporarily 10 united States porU
with the vessels ON which they had shipped. On
the part OF the captain IL was maintained that
seaman came exactly within the meaning OF laoorer
as used in the act Moreover the State courts had
no Jurisdiction OF Cinnamon like Fook, who were
within the State OF New-YOrk. In order to nave the
question settled at by the highest authority IN
this State. it was suggested that the writ DC us
Appeals This suggestion was not acceptable 10
Mr.. Townsend. ,,
Justice Potter SAID the questions TO Dc DECIDED
in the case were whether the captain
could allow Fook to land without exposing
himself to the penalties OF the law; ana II MOI,
whether the Court could order the captain 10 re,
lease Fook Justice Potter atterward suggested
to counsel that 1t would be desirable that tnese
questions should be passed upon by "a ia &c OF the
limited States The questions were grave ones ana
not TO be decided except alter care ul consideration
Should the counsel decide before Iuesday 10 Apply
to q United States Judge Tor writ OF babeas cor
pus be would dismiss the proceedings before hlm
otherwise he would mako o decision IN the matter.
A wrlt of habeas corpus retIInable on tuesday
has been obtained in favor OF one sam, also q
Chinese seaman on board the PemDrokesnlre. III Is
said that there are still about twenty other Chnese
seamen on board this vessel who are anxious
10 get ashore and sec tie city ana DrlnB
suits against the captain for Ill treatment;
A TRIBUNE reporter saw Capla Ain Rickard on BOARD
the Pembrokshire last evening. Speaking OF MS
trouble with tue Chinese seanen. he said we
have twenty-four Cinnamon Oh board the steam
ship. They perform various duties, but the larger
portion OF them are suckers. On the evening OF
August Ia, they applied for permission to go
ashore | granted their request and they prepared
TO depart Shortly alterward. Mir. Mnnes a 49,
tom officer came on bOard and told me tGat ne cOnld
not allow the Cinnamon 10 90 on shore uDlll he mao
consulted with Collector Robinson. and ne promised
TO see me the next morning AT that time he again
came on board and informed me mat
the Collector had tod him not to allow
the uen 10 leave the ship, and that If permit d
Them 70 90 ashore would be subject 20 a heavy
fine and probable Imprisonment. On August IL,
Chinaman came ON board and representing himself
as belonging to an American ship. requested per-
mission To talk with hls cOuntrymen, wno he SAID,
were friends of his We aterward discovered thal
he was a boarding house keeper. The next day,
another Chinaman appeared, ana When tue Watcn-
man told him that II mad been decided 10 allow no
persons 10 visit the Cinnamon, lie boosted that II
be wanted TO take them all ashore he would do so
in defiance of orders from any officer OF tht sap.
He was allowed to talk with them. Since his Visit
the men have refused 10 work. Last Monday night
they commenced 70 threaten and talk insolently,
demanding that they be allowed to 60 ashore
-Four OF them escaped, but we're captur q by The
police aud returned TO the snip. Ihess actions
continued that night and the next morning. In the
Off. nf npf "a NflenE PM
the Up and represented himself "a the Chinese
Consul. lie was allowed TO talk with the men
don't know what he said bur his influence was
bad. We heard nothing further until THIS acuon
was brought against ms. The emma nen are lazy,
idle set fellows Daring Tho voyage some OF them
threatened TO cut the Threats OF those VINO worked
hard We have six men more than usually
cariy in order TO tighten the work. The story oil
my cruelty toward them Is false"