The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-08-06
PERPETUAL
EXCLUSION.
4 Substitute for the House Chi
neSG Bills.
Everybody but DiplOmateS and Their Ser
EaltS Barred From Entry.
Severe Punishment Provided for Persons
Caught Smuggling MOngOlianS
Into This Country.
Fpecial Dispatches to THE MoRN1Ne CALL

which are embodied the provisions of
House bill 454S QknOwn as the Clunie bilD
and House bill 5357 (Morrow's bilD:
From and after the passage of this act 1t shall
. be unlawful for any Chinese person or persons,
whether subjects of the Chinese Empire or 9th
eTwise, as Neil as those who are now within tile
limits OF the United States and who may here
alter leave the United States and attempt 10 re-
turn, and those who have never been here, or
having been here have depart from the
the following classes, that is 10 say;
10 iGe Government Of ours, as Milister PIenipo-
feutiary, other diplomatic representatives,
Consuls-General, consular and commercial
agents. including other officers or the Chinese or
, OlueT Governments, travelling upon business OF
the Government, with their Dody ana household
servants, TO come TO or within, or land a! or re,
main in any port or place wllbln The Unlteu
q States, and the
COMING OF CHINESE PERSONS
To the Uuited States, whether for the purpose of
transit only or otherwise, excepting The classes
herein before specially described and excepted,
fIOm and after The passage Of TINS act, be aud
the same is hereby absolutely prohibited
Sec. 2. That the master oil any vessel WHO
shall knowingly bring within the Uuued States
on such vessel ana land or attempt 10 ldnu, or
permit 10 be landed, any Chinese PERSONS e1-
.ceptlng such whose coming into the Uniled
States is not prohibited 10y thus act, from any
foreign port or place. shall be deemed guilty of
mlsdemeanUr, aud on conviction thereof shall be
punished by hne OF not more than $500 Tor
eaeh aud every Chinese person so brought
And he
MAY ALSO BE IMPRISONED
For term OF not exceeding one year, hut the
foregoing section does not apply 10 the case OF
any master whose vessel being bounG 10 port
not within The United StaIeS shall come within
tie jurisdiction OF Ihe United states by reason Of
beng In dIslress or in stress OF weather or touch
ing any port OF the Uuited States on its voyage
10 any foreign port OF place; provided II al HE
Chinese persons brought shall NOT be permitted
10 land, except In case OF absolute necessity aud
must depait with such vessel on her leaving
port.
sec. 3. That the Chinese persons mentioned in
Section l OF this act as excepted from the pro-
visions Of The exclusion herein provided, shall be
admitted 10 tie United States upon the UrOduc-
tOu Of the official credentials of such officers aud
the Identification by them as their body and
household servants, in such manner may be
prescribed by the Secretary Of the Treasury.
Sec. 1. hat collectors 0t customs and lneir
deputies are hereby authorized and empowered
to administer oatbS whenever they may deem it
necessary or proper TO 90 50, and take from any
person an oath, affirmation, afndaVit or deposit
lion In any matter or proceeding relating TO tie
Identification OF Chinese persons or their right 10
be or remain in the United STATES, or their
liability to be depOrled therelfOm, under any law
OF The United States. ANY per on WHO sball
Willingly and corrupty swear falsely In any such
oath, aifrmdti0n, afidavit or deposition SHAH be
DEEMED GUILTY OF PERJURY,
And on eonFetOn shall be punished by tne OF
not less than $1,000 and not more than $1,000
and by imprisonment al hard laOor Ior not less
Than one year and not more than five years.
sec. g. That every vessel whose master shall
knowingly violate any OF The provisions OF this
acr shall be deemed forfeited to the United States
Rud shall be liable TO seizure and condemnation
In any district OF lie United States INTO which
such vessel may enter or in which she may be
found.
Sec 6. That any person who shall knowingly
bring or cause to be brought into the United
States, by land or otherwise, or who shall aid or
aDet the same or aid OF abet the landing Ia the
United States from any vessel or Otherwise, any
Chinese person not lawfully euttled to enter the
United States. shall be deemed guilty OF misde-
meanor. and shall, on conviction thereof. be fined
in a sum not exceeding $1,000 and imprisoned for
term not exceeding one year.
ALL ARE BARRED.
Sec. Z. That any Chinese peIso o. persons OF
Chinese descent, entering tile United States or
any OF It's territories by crossing Its boundary
. lines, or entering therein IN any other manner
whatever contrary 10 the provisions of this act,
or are found unlawfuly in lie United States or
its territories, may be arrested upon a war
rant issued upon complaint under oath
filed by any party on behalf OF tue
United States, by any Justice, Judge,
or Commis ,iouer OF auy United States court re-
tuTuable befue any Justice, Judge or Comm
siOner of a United States court, or before any
United States court, and wien convicted upon
hearing and found aud adjudged 10 be one not
lawfully entitled to be or remain in the United
States, such person
SHALL BE REMOVED
From The United States to the country from
whence he came or be imprisoned in the Peni-
Tertiary for a term OF not exec ding five years;
provided that when Chinese persons found un-
lawfully IN The United States shall have come
into the United States from China by way OF cOu
lfrunus foreign territory they shall be returned
10 China A ce lifted COPY OF the judgment shall
be the process upon which said removal OF i'm
pfisonment shall be made, aud 1t may be exc
cuted by lie Marsh ] OF district or any officer
having the authority OF Marshal under the
provision OF this section, who shall be allowed
all necessary expenses incurred 10 such lnyestl-
CATION aud removal, ana all peace officers of the
several States ana Territories Of the United
States are hereby
INVESTED WITH THE SAME AUTHORITY
In reference to carrying out the provisions OF
this act as the Marshal or Deputy Marshal of
the United States, aud shall be entitled TO like
compensation to be audited and paid by the same
Sec. s. That the provisions Of this act shall
apply 10 all subjects of China, and 10 all Chinese
whether subjects Of China or any other foreign
Sec. 8. That any violation of any of the pro-
visions OF this act, the punishment of which is
deemed a nisdemeanOr and shall be punished by
fine not TO exceed $1,000 or by Imprisonment
for not more than one year, or both such fine and
Imprisonment.
BARRED FROM CITIZENSHIP.
Sec. TO- That hereafter no State court or
court of The United States shall ADMIT Chinese TO
citizenship and all laws In conflict with this act
are hereby repealed, and any Chinese person
now in the United States, who may at any time
hereafter depart from The United States and all
ewho are not now In the Unlted States, shall be
subject to all the provisions, conditions, prohi
bitOns and penalties OF this act.
CONFLICTING LAWS REPEALED.
Sec. IL. Thai all acts and parts OF acts incon-
sistent herewith be and tie same are hereby
peaed and the provisions OF all treaties now In
force between the United States Government and
the Chinese Empire IN sofar as they or any OF
them conflict with the provisions of this act, be
and the same are hereby abrogated set
aside and repealed, provided thar nothing
Contained In lhis act shall be construed
TO affect any prosecution or other proceeding,
criminal or civil, begun under any existing act,
or any acts hereby repealed, but such prOSecu-
tiOn or other prOce ding. criminal or civil, shall
proceed as II the act had not Deen passed.
THE COMMITTEES REPORT.
The committee, in It's accompanying re-
port, says: The arguments urged against
such legislation have been, from a legal
standpoint, often and fully answered by the
controlling judiciary, and for this reason
the committee thinks it unn ecessary to do
more than to indicate in the briefest terms
its reasons for the conclusion that the pro-
posed law and ethics are but in full accord
with the highest prncipl es of an enlightened
public policy. The contention of those op-
posed to the legislation against Chinese I'M
migration has generally been that it con-
tfavenes the letter and spirit of the treaties
entered into between the United States and
the Empire of China from 1868 to 1880
THE BURLINGAME TREATY
Was put forward as an obstacle to such
legislation. and since 1880 the treaty of No
vember 18th, limiting the power of Con gress
to provide effective measures in the execu-
tion of its express purpose. 1t is
an axiom of international Jurisprudence
that the latest expression Of the
law-maklng power controls. From
this well-established principle it follows
that every treaty entered into between
civilized nations is subject TO the implied
condition that an act of political branch
OF the Government may at any time
be oyerruled by the legislative, whenever
the necessities Of the domestic policy re-
Quire.
This principle has been recognized, with
out dissenting opinion, by our courts from