Imágenes de páginas
PDF
EPUB

SEC. 15. That the words "Chinese laborers," wherever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining.

Approved May 6, 1882.

A Democratic Supreme Court Justice's partiality for the Chinese.

passage of this act, and in order to furnish them with the proper evidence of their right to go from and come to the United States of their free will and accord, as provided by the treaty between the United States and China, dated November seventeenth, eighteen hundred and eighty, the collector of customs of the districts from which any such Chinese laborer shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer, and cleared or about to sail from his It was but a few months after the approval district for a foreign port, and on such vessel make a of this law that the San Francisco Post list of all such Chinese laborers, which shall be entered in registry-books to be kept for that purpose, in which charged that United States Supreme Justice shall be stated the name, age, occupation, last place Field (Democrat) found it "convenient to of residence, physical marks or peculiarities, and all come out here on circuit duty purposely to facts necessary for the identification of each of such Chinese laborers, which books shall be safely kept in interpret' the Chinese restriction law;" the custom-house; and every such Chinese laborer so that there is "not one instance in which, departing from the United States shall be entitled to, when a case concerning the Chinese has been and shall receive, free of any charge or cost, upon before him, Field has not shown a marked application therefor, from the collector or his deputy, at the time such list is taken, a certificate, signed by partiality for the Chinese;" and that the the collector or his deputy, and attested by his seal of exclusion law will be repealed in less than office in such form as the Secretary of the Treasury five years, "when we have a Democratic shall prescribe, which certificate shall contain a state- majority in Congress and Field in the Presiment of the name, age, occupation, last place of residential chair." It also asked and challenged dence, personal description, and facts of identification of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in all particulars. In case any Chinese laborer after having received such certificate shall leave such vessel before her departure, he shall deliver his certificate to the master of the vessel, and if such Chinese laborer shall fail to return to such vessel before her departure from port the certificate shall be delivered by the master to the collector of customs for cancellation. The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chinese laborer shall seek to re-enter; and upon delivery of such certificate by such Chinese laborer to the collector of customs at the time of re-entry in the United States, said collector shall cause the same to be filed in the custom-house and duly cancelled.

SEC. 5. That any Chinese laborer mentioned in section four of this act being in the United States, and desiring to depart from the United States by land, shall have the right to demand and receive, free of charge or cost, a certificate of identification similar to that provided for in section four of this act to be issued to such Chinese laborers as may desire to leave the United States by water; and it is hereby made the duty of the collector of customs of the district next adjoining the foreign country to which said Chinese laborer desires to go to issue such certificate, free of charge or cost, upon application by such Chinese laborer, and to enter the same upon registry-books to be kept by him for the purpose, as provided for in

section four of this act.

SEC. 6. That in order to the faithful execution of articles one and two of the treaty in this act before mentioned, every Chinese person other than a laborer, who may be entitled by said treaty and this act to come within the United States, and who shall be about to come to the United States, shall be identified as so entitled by the Chinese government in each case, such identity to be evidenced by a certificate issued under the authority of said government, which certificate shall be in the English language or (if not in the Eng. lish language) accompanied by a translation into English, stating such right to come and which certificate shall state the name, title, or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, and place of residence in China of the person to whom the certificate is issued and that such person is entitled conformably to the treaty in this act mentioned to come within the United States. Such certificate shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs, or his deputy, of the port in the district in the United States at which the person named therein shall arrive.

SEC. 14. 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 re

a square answer to this significant question: If there are not more prominent Democratic politicians who employ and patronize Chinese than there are Republicans who do the same, and if there are not several candidates on the Democratic ticket who have for years been employers of Chinese, to the exclusion of white labor, at even the same rate of wages.

Text of the supplementary Chinese Immigration Act of 1884-Votes in Senate and House

on its passage Approved by President

Arthur.

On the 3d of May, 1884, the House bill (H. R. 1798) which had previously been agreed on by the Pacific Coast delegations in both Houses, and had come up in the House for consideration, was passed by 184 yeas to 13 nays. It is in these words: An Act to amend an Act entitled "An Act to execute certain treaty stipulations relating to Chinese," approved May sixth, eighteen hundred and eighty-two. Be it enacted, etc., That section one of the Act entitled "An Act to execute certain treaty stipulations relating to Chinese," approved May sixth, eighteen hundred and eighty-two, is hereby amended so as to read as follows:

"Whereas in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof: therefore,

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this Act, and until the expiration of ten years next after the passage of this Act, the coming of Chinese laborers to the United States be, and the same is hereby, suspended, and during such suspension it shall not be lawful for any Chinese laborer to come from any foreign port or place, or having so come to remain within the United States."

Section two of said Act is hereby amended so as to read as follows:

"SEC. 2. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed, any Chinese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and on con. viction thereof, shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may also be imprisoned for a term not exceeding one year."

Section three of said act is hereby amended so as to read as follows:

"SEC. 3. That the two foregoing sections shall not apply to Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the

[ocr errors][ocr errors]

PART V.

Chinese-Exclusion Legislation of 1882 -
The Twenty-Year Bill Passes both
Houses - President Arthur's Veto-
The Ten-Year Bill Passes and is Ap-
proved.

The President's veto-His principal objection the twenty-year clause.

The bill, which passed the House March 23, was vetoed by President Arthur, as anticipated. His principal objection to the bill was as follows:

The examination which I have made of the treaty, and of the declarations which its negotiators have left on record of the meaning of its language, leaves no doubt in my mind that neither contracting party, in sage of an act prohibiting immigration for twenty concluding the treaty of 1880, contemplated the pas years, which is nearly a generation, or thought that such a period would be a reasonable suspension or limitation, or intended to change the provisions of the vision of the act as a breach of our national faith; and Burlingame treaty to that extent. Iregard this probeing unable to bring myself in harmony with the views of Congress on this vital point, the honor of the country constrains me to return the act with this objection to its passage.

Republican ten-years' Chinese exclusion bill passes both Houses and signed by a Republican President.

March 9, 1882, the Senate, after amending it, passed a bill introduced by Mr. Miller (Republican), of California, and reported by a Republican committee, suspending for twenty years the coming of Chinese laborers to the United States, construing the words "Chinese laborers" to mean "both skilled and unskilled laborers," and prohibiting the admission of Chinese to citizenship. The unanswerable speeches of Senator Jones, of Nevada, and Miller, of California, secured the passage of this bill in the Senate. In the House Mr. Page managed the bill through a long debate to success, the main opposition springing from a repugnance to the twenty-year term of exclusion, when ten bill in the House to obviate the objections Mr. Page immediately introduced another years, in the opinion of many Republicans, of the President and other Republicans, and was within the definition of a just, humane, and reasonable law." The Democrats, learn-ably by the Rupublican Committee on Eduit was reported back by him at once favoring that the President thought twenty years cation and Labor. On April 17 he moved "unreasonable" term for an experimental law of this character, voted strongly for it to suspend the rules and pass the bill. The in both Houses. They thus voted to pass a if possible, so as to leave the onus of no antiDemocrats at first talked of voting it down, bill likely to be vetoed, in the hope that political capital for their party might be Chinese legislation upon the Republicans; made out of the probable veto, but without but they soon perceived that the people the slightest idea that any other bill could would not swallow any whale of that size, and that Democratic chicanery had again be put through at this session, and that is why they voted almost solidly in both houses gotten itself into a trap of its own making. against inserting "ten " years for "twenty," So they concluded to vote almost solidly for and for the passage of the bill. it, and accordingly the rules were suspended and the bill passed by a two-thirds votethe Republican vote being nearly two to one for this bill, while upon the other it was equally divided. The Senate subsequently amended and passed the bill. The amendments were concurred in, in the House, May 2d, without division, and the bill was approved by the President at once.

an

Main Provisions of the Bill as Passed.

The preamble and first section of this bill as it was passed read as follows:

Whereas, in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof: therefore,

Chief provisions of this Republican anti-
Coolie importation act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the expiration of ninety days next after the passage of this act, and until the expiration of twenty years next after the passage of this act, the coming of Chinese laborers to the United States be, and the same is hereby, suspended; and during such suspension it shall not be lawful for any Chinese laborer to come, or, having so come after the expiration of said ninety days, to remaining to Chinese. within the United States.

Sections 16 and 17 were as follows:

SEC. 16. 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.

SEC. 17. That the words "Chinese laborers," wherever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining.

The other sections relate to the proper execution of the provisions of the first section, and the imposition of penalties for its violation, one section providing for the registration of such Chinese as are entitled to enter, or remain in the United States, by the terms

The chief provisions of this Republican anti-coolie act are as follows:

An act to execute certain treaty stipulations relat

Whereas, in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof: therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Con gress assembled, 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 laborers to the United States be, and the same is hereby, suspended; and during such suspension it shall not be lawful for any expiration of said ninety days, to remain within the Chinese laborer to come, or, having so come after the United States.

SEC. 4. That for the purpose of properly identify ing Chinese laborers who were in the United States and eighty, or who shall have come into the same on the seventeenth day of November, eighteen hundred

passage of this act, and in order to furnish them with the proper evidence of their right to go from and come to the United States of their free will and accord, as provided by the treaty between the United States and China, dated November seventeenth, eighteen hundred and eighty, the collector of customs of the districts from which any such Chinese laborer shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer, and cleared or about to sail from his district for a foreign port, and on such vessel make a list of all such Chinese laborers, which shall be entered in registry-books to be kept for that purpose, in which shall be stated the name, age, occupation, last place of residence, physical marks or peculiarities, and all facts necessary for the identification of each of such Chinese laborers, which books shall be safely kept in the custom-house; and every such Chinese laborer so departing from the United States shall be entitled to, and shall receive, free of any charge or cost, upon application therefor, from the collector or his deputy, at the time such list is taken, a certificate, signed by the collector or his deputy, and attested by his seal of office in such form as the Secretary of the Treasury shall prescribe, which certificate shall contain a statement of the name, age, occupation, last place of residence, personal description, and facts of identification of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in all particulars. In case any Chinese laborer after having received such certificate shall leave such vessel before her departure, he shall deliver his certificate to the master of the vessel, and if such Chinese laborer shall fail to return to such vessel before her departure from port the certificate shall be delivered by the master to the collector of customs for cancellation. The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chinese laborer shall seek to re-enter; and upon delivery of such certificate by such Chinese laborer to the collector of customs at the time of re-entry in the United States, said collector shall cause the same to be filed in the custom-house and duly cancelled.

SEC. 5. That any Chinese laborer mentioned in section four of this act being in the United States, and desiring to depart from the United States by land, shall have the right to demand and receive, free of charge or cost, a certificate of identification similar to that provided for in section four of this act to be issued to such Chinese laborers as may desire to leave the United States by water; and it is hereby made the duty of the collector of customs of the district next adjoining the foreign country to which said Chinese laborer desires to go to issue such certificate, free of charge or cost, upon application by such Chinese laborer, and to enter the same upon registry-books to be kept by him for the purpose, as provided for in section four of this act.

SEC. 6. That in order to the faithful execution of articles one and two of the treaty in this act before mentioned, every Chinese person other than a laborer, who may be entitled by said treaty and this act to come within the United States, and who shall be about to come to the United States, shall be identified as so entitled by the Chinese government in each case, such identity to be evidenced by a certificate issued under the authority of said government, which certificate shall be in the English language or (if not in the Eng. lish language) accompanied by a translation into English, stating such right to come and which certificate shall state the name, title, or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, and place of residence in China of the person to whom the certificate is issued and that such person is entitled conformably to the treaty in this act mentioned to come within the United States. Such certificate shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs, or his deputy, of the port in the district in the United States at which the person named therein shall arrive.

SEC. 14. 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 re.

[blocks in formation]

A Democratic Supreme Court Justice's partiality for the Chinese.

It was but a few months after the approval of this law that the San Francisco Post charged that United States Supreme Justice Field (Democrat) found it "convenient to come out here on circuit duty purposely to interpret' the Chinese restriction law;" that there is "not one instance in which, when a case concerning the Chinese has been before him, Field has not shown a marked partiality for the Chinese;" and that the exclusion law will be repealed in less than five years, "when we have a Democratic majority in Congress and Field in the Presidential chair." It also asked and challenged a square answer to this significant question: If there are not more prominent Democratic politicians who employ and patronize Chinese than there are Republicans who do the same, and if there are not several candidates on the Democratic ticket who have for years been employers of Chinese, to the exclusion of white labor, at even the same rate of wages.

Text of the supplementary Chinese Immigration Act of 1884-Votes in Senate and House on its passage Approved by President Arthur.

On the 3d of May, 1884, the House bill (H. R. 1798) which had previously been agreed on by the Pacific Coast delegations in both Houses, and had come up in the House for consideration, was passed by 184 yeas to 13 nays. It is in these words: An Act to amend an Act entitled "An Act to execute certain treaty stipulations relating to Chinese," approved May sixth, eighteen hundred and eighty-two. Be it enacted, etc., That section one of the Act entitled "An Act to execute certain treaty stipulations relating to Chinese," approved May sixth, eighteen hundred and eighty-two, is hereby amended so as to read as follows:

"Whereas in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof: therefore,

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this Act, and until the expiration of ten years next after the passage of this Act, the coming of Chinese laborers to the United States be, and the same is hereby, suspended, and during such suspension it shall not be lawful for any Chinese laborer to come from any foreign port or place, or having so come to remain within the United States."

Section two of said Act is hereby amended so as to read as follows:

"SEC. 2. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land, or attempt to land, or permit to be landed, any Chinese laborer, from any foreign port or place, shall be deemed guilty of a misdemeanor, and on con. viction thereof, shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may also be imprisoned for a term not exceeding one year."

Section three of said act is hereby amended so as to read as follows:

"SEC. 3. That the two foregoing sections shall not apply to Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the

passage of the act to which this act is amendatory, nor | shall said sections apply to Chinese laborers, who shall produce to such master before going on board such vessel, and shall produce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this section mentioned; nor shall the two foregoing sections apply to the case of any master whose vessel, being bound to a port not within the United States, shall come within the juris. diction of the United States by reason of being in distress or in stress of weather, or touching at any port of the United States on its voyage to any foreign port or place: Provided, That all Chinese laborers brought on said vessel shall not be permitted to land except in case of absolute necessity, and must depart with the vessel on leaving port."

Section four of said act is hereby amended so as to read as follows: "SEC. 4. That for the purpose of properly identify. ing Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or shall have come into the same before the expiration of ninety days next after the passage of the act to which this act is amendatory, and in order to furnish them with the proper evidence of their right to go from and come to the United States as provided by the said act and the treaty between the United States and China dated November seventeenth, eighteen hundred and eighty, the collector of customs of the district from which any such Chinese laborer shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer, and cleared or about to sail from his district for a foreign port, and on such vessel make a list of all such Chinese laborers, which shall be entered in registry-books, to be kept for that purpose, in which shall be stated the individual, family, and tribal name in full, the age, occupation, when and where followed, last place of residence, physical marks or peculiarities, and all facts necessary for the identification of each of such Chinese laborers, which books shall be safely kept in the custom house; and every such Chinese laborer so departing from the United States shall be entitled to and shall receive, free of any charge or cost, upon application therefor, from the collector or his deputy, in the name of said collector and attested by said collector's seal of office, at the time such list is taken, a certificate, signed by the collector or his deputy and attested by his seal of office, in such form as the secretary of the Treasury shall prescribe, which certificate shall contain a statement of the individual, family, and tribal name in full, age, occupation, when and where followed, of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in all particulars. In case any Chinese laborer, after having received such certificate, shall leave such vessel before her departure, he shall deliver his certificate to the master of the vessel; and if such Chinese laborer shall fail to return to such vessel before her departure from port, the certificate shall be delivered by the master to the collector of customs for cancellation. The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chinese laborer shall seek to re-enter, and said certificate shall be the only evidence permissible to establish his right of re-entry; and upon delivering of such certificate by such Chinese laborer to the collector of customs at the time of re-entry in the United States, said collector shall cause the same to be filed in the custom house and duly cancelled." Section six of said act is hereby amended so as to read as follows:

"SEC. 6. That in order to the faithful execution of the provisions of this act, every Chinese person, other than a laborer, who may be entitled by said treaty or this act to come within the United States, and who shall be about to come to the United States, shall obtain the permission of and be identified as so entitled by the Chinese Government, or of such other foreign government of which at the time such Chinese person shall be a subject, in each case to be evidenced by a certificate issued by such Government, which certificate shall be in the English language, and shall show such permission, with the name of the permitted

tificate shall state the individual, family, and tribal name in full, title or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, when and where and how long pursued, and place of residence of the person to whom the certificate is issued, and that such person is entitled by this act to come within the United States. If the person so applying for a certificate shall be a merchant, said certificate shall, in addition to above requirements, state the nature, character, and es timated value of the business carried on by him prior to and at the time of his application as aforesaid: Provided, That nothing in this act nor in said treaty shall be construed as embracing within the meaning of the word 'merchant,' hucksters, peddlers, or those engaged in taking, drying, or otherwise preserving shell or other fish for home consumption or exportation. If the certificate be sought for the purposes of travel for curiosity, it shall also state whether the applicant intends to pass through or travel within the United States, together with his financial standing in the country from which such certificate is desired. The certificate provided for in this act, and the identity of the person named therein, shall, before such person goes on board any vessel to proceed to the United States, be vised by the indorsement of the diplomatic representatives of the United States in the foreign country from which said certificates issues, or of the consular representative of the United States at the port or place from which the person named in the certificate is about to depart; and such diplomatic representative or consular representative whose indorsement is so required is hereby empowered, and it shall be his duty, before indorsing such certificate as aforesaid, to examine into the truth of the statements set forth in said certificate, and if he shall find upon examination that said or any of the statements therein contained are untrue it shall be his duty to refuse to indorse the same. Such certificate vised as aforesaid shall be prima facie evidence of the facts set forth therein, and shall be produced to the collector of customs of the port in the district in the United States at which the person named therein shall arrive, and afterward produced to the proper authorities of the United States whenever lawfully demanded, and shall be the sole evidence permissible on the part of the person so producing the same to establish a right of entry into the United States; but said certificate may be controverted and the facts therein stated disproved by the United States authorities."

Section eight of said act is hereby amended so as to read as follows:

"SEC. 8. That the master of any vessel arriving in the United States from any foreign port or place shall, at the same time he delivers a manifest of the cargo, and if there be no cargo, then at the time of making a report of the entry of the vessel pursuant to law, in addition to the other matter required to be reported, and before landing, or permitting to land, any Chinese passengers, deliver and report to the collector of customs of the district in which such vessels shall have arrived, a separate list of all Chinese passengers taken on board his vessel at any foreign port or place, and all such passengers on board the vessel at that time. Such list shall show the names of such passengers (and if accredited officers of the Chinese or of any other foreign government, travelling on the business of that government, or their servants, with a note of such facts), and the names and other particulars as shown by their respective certificates; and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo. Any refusal or wilful neglect of any such master to comply with the provisions of this section shall incur the same penalties and forfeiture as are provided for a refusal or neglect to report and deliver à manifest of the cargo."

Section ten of said act is hereby amended so as to read as follows:

"SEC. 10. That every vessel whose master shall knowingly violate any of the provisions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and condemnation in any district of the United States into which such vessel may enter or in which she may be found."

Section eleven of said act is hereby amended so as to read as follows:

"SEC. 11. That any person who shall knowingly

States by land, or who shall aid or abet the same, or aid or abet the landing in the United States from any vessel, of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in a sum not exceeding one thousand dollars, and imprisoned for a term not exceeding one year." Section twelve of said act is hereby amended so

as to read as follows:

"SEC. 12. That no Chinese person shall be permitted to enter the United States by land without producing to the proper officer of customs the certificate in this act required of Chinese persons seeking to land from a vessel. And any Chinese person found unlawfully within the United States shall be caused to be removed therefrom to the country from whence he came, and at the cost of the United States, after being brought before some justice, judge, or commissioner of a court of the United States, and found to be one not lawfully entitled to be or to remain in the United States; and in all such cases the person who brought or aided in bringing such person to the United States shall be liable to the Government of the United States for all necessary expenses incurred in such investigation and removal; and all peace officers of the several States and Territories of the United States are hereby invested with the same authority as a marshal or United States marshal in reference to carrying out the provisions of this act or the act of which this is amendatory, as a marshal or deputy marshal of the United States, and shall be entitled to like compensation, to be audited and paid by the same officers. And the United States shall pay all costs and charges for the maintenance and return of any Chinese person having the certificate prescribed by law as entitling such Chinese person to come into the United States, who may not have been permitted to land from any vessel by reason of any of the provisions of this act."

Section thirteen of said act is hereby amended so as to read as follows:

"SEC. 13. That this act shall not apply to diplomatic and other officers of the Chinese or other Gov. ernments travelling upon the business of that Government, whose credentials shall be taken as equivalent to the certificate in this act mentioned, and shall exempt them and their body and household servants from the provisions of this act as to other Chinese persons."

Section fifteen of said act is hereby amended so as to read as follows:

"SEC. 15. That the provisions of this act shall apply to all subjects of China, and Chinese, whether subjects of China or any other foreign power; and the words Chinese laborers,' wherever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining.

kins, Horr, Houk, Houseman, Hurd, Jeffords, B. W. Jones, J. H. Jones, King, Lacey, Lamb, Lanham, Lawrence, Le Fevre, J. H. Lewis, Lovering, Lowry, McAdoo, McCoid, McComas, McCormick, McKinley, McMillin, Matson, Maybury, J. F. Miller, S. H. Miller, Millikin, Mitchell, Money, Morgan, Morrison, Murphy, Murray, Neece, Nutting, Oates, J. J. O'Neill, D. Ř. Paige, Patton, R. A. Pierce, S. W. Peel, S. J. Peelle, Pettibone, Post, Pryor, Pusey, Randall, Rankin, Reese, T. A. Robertson, J. S. Robinson, J. H. Rogers, W. F. Rogers, Rosecrans, Rowell, Scales, Seney, Seymour, Shaw, Shelley, O. R. Singleton, T. G. Skinner, Slocum, A. H. Smith, Springer, Steele, Stephenson, C. Stewart, Stockslager, Strait, Struble, C. A. Sumner, D. H. Sumner, J. M. Taylor, Thockmorton, Tillman, Tully, H. G. Turner, O. Turner, Van Alstyne, Vance, Van Eaton, Wakefield, T. B. Ward, R. Warner, Weaver, Wellborn, Weller, Wemple, M. White, Whiting, Wilkins, T. Williams, A. 8. Willis, J. Wilson, W. L. Wilson, E. B. Winans, John Winans, G. D. Wise, Wolford, Worthington, Yaple-184.

NAYS Messrs. G. E. Adams, F. B. Brewer, T. M. Browne, Everhart, T. J. Henderson, Hitt, Kean, LYMAN, Price, W. W. Rice, C. R. Skinner, Smalls, Spooner-13.

On the 3d of July, 1884, this bill also passed the Senate without amendment, by 43 yeas to 12 nays, as follows:

YEAS-Messrs. Allison, Bayard, Beck, Blair, Butler, Call, Cameron of Pennsylvania, Cameron of Wisconsin, Cockrell, Coke, Conger, Cullom, Dolph, Fair, Farley, Garland, Groome, Hale, Hampton, Harris, Hill, Ingalls, Jones of Florida, Jones of Nevada, Logan, Manderson, Maxey, Miller of California, Miller of New York, Morgan, Palmer, Pendleton, Pike, Plumb, Pugh, Ransom, Sawyer, Sherman, Slater, Vance, Van Wyck, Vest, Voorhees - 43.

NAYS Messrs. Aldrich, Brown, Dawes, Edmunds, Platt, Wilson-12. Hawley, Hoar, Lapham, McMillan, Mitchell, Morrill,

It was subsequently approved by President Arthur.

PART VI.

Anti-Coolie Legislation of 1884 upset by the Supreme Court - Further Republican efforts in Congress, and Democratic obstruction.

"SEC. 16. That any violation of any of the proThe Act of 1882 had provided that the visions of this act, or of the act of which this act is amendatory, the punishment of which is not other- return certificate of a departing Chinaman wise herein provided for, shall be deemed a misde- would "entitle the Chinese laborer to whom meanor, and shall be punishable by fine not exceeding the same is issued to return to and re-enter one thousand dollars, or by imprisonment for not the United States upon producing and delivmore than one year, or both such fine and imprisonering the same to the collector of customs of

ment.

"SEC. 27. That nothing contained in this act shall be construed to effect any prosecution or other proceeding, criminal or civil, begun under the act of which this is amendatory; but such prosecution or other proceeding, criminal or civil, shall proceed as if this act had not been passed."

Following is the detailed vote on the passage of the bill:

YEAS-Messrs. Aiken, Alexander, Atkinson, Bag. ley, Barksdale, Bayne, Beach, Blanchard, Bland, Boyle, Brainerd, Breckinridge, W.W. Brown, BRUMM, Buchanan, Buckner, Budd, Burnes, A. J. Caldwell, J. M. Campbell, A. D. Candler, Carleton, Cassidy, Clardy, Clay, Clements, Cobb, Collins, Connolly, Converse, J. C. Cook, Cosgrove, S. S. Cox, Crisp, D. B. Culberson, Cullen, Cutcheon, Dargan, G. R. Davis, Deuster, Dibble, Dibrell, Dockery, Dowd, Dunham, Dunn, Eaton, Elliott, Ellwood, Ermentrout, J. H. Evins, Ferrell, Fiedler, Finerty, Follett, Foran, For ney, Fyan, Garrison, George, E. Gibson, Glascock, Goff, Graves, Green, Greenleaf, Guenther, Halsell, N. J. Hammond, Hancock, Hardeman, W. H. Hatch, D. B. Henderson, Henley, Hepburn, Herbert, G. W.

the district at which such Chinese laborer shall seek to re-enter." And the Act of 1884 had amended this provision by adding the words, "And said certificate shall be the only evidence permissible to establish his right of re-entry." But in the case of Chew Heong vs. United States, the United States Supreme Court held that: "The fourth section of the act of Congress approved May 6, 1882, as amended by the act of July 5, 1884, prescribing the certificate which shall be produced by a Chinese laborer, as the only evidence permissible to establish his right of re-entry into the United States, is not applicable to Chinese laborers who, residing in this country at the date of the treaty of November 17, 1880, departed by sea before May 6, 1882, and remained out of the United States until after July 5, 1884." This decis

« AnteriorContinuar »