The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-04-29
PROTECTING PARSONS.
TAKING AMERICAN
PULPITS.
A New York District Attorney Lays
Down tho Law in the Case OF tho
Rev. Il. walpole Warren, Subject OF
Victoria,

against the rector, church wardens ana
vestrymen Of the Protestant Episcopal
Church OF the Holy Trinity, at Madison
avenue and Forly-second street, for hay-
ing brought to this country in September,
1887, by arrangement made here, the Rev.
l.. Walpole Warren, at the time OF his
call subject Of the Queen Of Great Britain
and resident Of England, TO be their rec
tor, was heard yesterday morning by
Judge Wallace in the United States cir
cult court. United States District Attor-
ney Walker appeared for the government
and Seaman Miller for the church corpora
ton.
The argument was on the question
whether ccrgymen were included within
the following act OF Congress, approved ON
February 20, 1855, and amended two
years later:
"Aitcr the passage Of this net II shall be
unlawful for any person, company, part
ncr or corporation, in any manner what
socvor, 90 prepay the transportation, or in
any way assist or encourage the impOrta-
ton or migration OF any alien or aliens,
any foreigner or foreigners, into the United
States under contract or agreement parole
or special, express or implied, made pre-
yious 10 the importation or migration Of
such alien or aliens, foreigner or foreigners,
10 perform labor or service Of any kiud in
the United States"
Mr. Miller asserted that the act docs not
include Clergmcn. The words labor or
service Of any kind" were b. be given their
ordinary legislative significance. The
meaning OF the word laborcr does not in
CLUBS that kind Of mental and spiritual
service which clergyman renders his
congregation. The case of lilo King the
Chinese actor who landed at san Fran.
cisco, which was decided by Judge Deadly,
showed what liberal Interpretation as re-
gnrdcd this class OF public servants was to
bo placed on such legislation. The court
there defined the word labor 30 mean
physical labor for wages. The statutory
meaning OF the word was narrower than
its chronological. The Chinese treaty for
the exclusion OF paupcr labor was not in
tended to embrace the professional or
mercantile classes, aud yet II was rs com
prchonsiyo rs the net on whose inicrprcia-
ton this case depended. Service was "a
still narrower term, aud applied only 20
mental occupations. The words "oi any
kind" were TO be interpreted in the light
OF the history OF the times when the act
was passed. Atthat time the mining and
railroad labOprs were threatened by q
wholesale invasion of paupcr manual labor
ems, aud Il was at this class the act was
aimed.
Section Of the net, by specially forbid
ding the master OF vessel 10 land me-
chanics, artisans or laborcrs under contract,
fixed the Glasses which were intended 10
be embraced. Why were these classes
specified II all were meant 10 be included?
Mr. Miller asked. II the master OF yes.
sci should discover that he had among his
passengers n cultured aud refined clergy
man, one Of the most celebrated In Eng
land, would il not be absurd 60 suppose
that he would be compelled under penalty
Of line and imprisonment 20 prevent him
from landing? II IL were argued that be-
cause clcrgymep were not specifically eN-
cludcd from the operation oi the law, like
actors, the salne could be said OF the case
OF the Chinese actor, whose profession h.
not exempted in the Chinese act. At the
time Of the passage OF the contract labor
act, Salvini, Irving, Matthew Arnold. tile
Rev. Joseph Parker and Patti were either
coming here or intending 10 come. Con-
grcss certainly did not intend 10 exclude
these persons. Their influence ON morals
and culture was too great aud refined, the
impetus they gave 10 intellectual ondcayOr
too powerful for them 20 be- lcdslatcd
against. The amendment leaving the en-
iorccmcnt Of the act 10 the Secretary OF the
Treasury and the State boarl OF charities
showed unmisiakably what classes IL
was designed Ia exclude. Tho report OF
| the Senate aud llousc committees nj the
| time Of ih passage was also conclusive on
this point. BESIDES, u Congress intended
| the act 10 embrace clcrgymcn the act was
unconstitutional. The constitution of the
United States guaranteed the free exercise
Of religion a. all It's inhabitants, aud al
contrary legislation, except where 70.
ligion tended 90 upset law aud social
order, was outside the jurisdiction OF Con.
grcss.
District Attorney Walker said: ''rhc
act was designed TO be and u drastic
measure. With very slight amendment,
Il was passed IN the form presented {,
Congress by certain so-callcd labor orgnni
zations. lis cmphaiicand sweeping Worl'
are not the work oi trained statutof,
dmughsmcn or persons learned In th,
law. Attempts have been made Ia vain {,
have u rcmodlod by skilllul hands, and
u stands upon the books today IN subata
tally Ia original form"
Then hc went on 10 explain that thu
Chinese treaty was entirely different IL
origin aud intent
Judge Wallace said ho hal not consid
cred the treaty ~ capable Of throwing an
light on the case.
! Tho district attorney said that the wor,
laborcr did not appear az all In the act OK
ccpt In section I, which could be taken on
aud the measure would bo perfect siill
! II was the criminal section, and was on
} tircly unnecessary, The proyiao did NO
! except the Row. Mr.. WarWn's profession
. aud he camo within the letter OF tho sla
, ! ute. The proviso was inserted 10 oNclud
) some classes which would otherwise Il
= | supposed 10 be embraced In the act. II
2 did not understand that the Rev. Nj
Warren came within the meaning II L.,
turcr one Of the excepted classes, In m
American sense Of the term. lo In
r found that In the English church thcr
4 was iunciionary called lecturer, who Ia
i power 10 preach aud marry.
Judge Wallace There u no contcntio
I hcn tha, q minister Ia n lecturer.
District Attorney Walker-Thcre Ia n
=. use or ncccssiiy for the court 10 rropc e
I. what is called the spirit Of the act or IN
4 intention Of Congress. The meaning
n clear. This act IL unique. II cnacis q ne
y American policy. The whole history
y our country has been heretofore but
; rccord Of induccmcnt 10 emigration.
low against the immigration OF the PC