392 IMMIGRATION", CHINESE. 



INDEBTEDNESS OF THE U. S., ETC. 



Brewster to Mr. Frelinghuysen, "was given 

 under circumstances somewhat too urgent, 

 pressed as I was by your department, because 

 it was pressed by others, and I am gratified to 

 have an opportunity to reconsider my former 

 conclusions with care." The Attorney-General 

 then proceeds as follows : 



The preamble of the act is in these words : " "Whereas, 

 in the opinion of the Government of the United States, 

 the coming of Chinese laborers to this country en- 

 dangers the good order of certain localities within the 

 territory thereof." The first section enacts "that 

 from and after the expiration of ninety days next after 

 the passage of this act, the coming of Chinese laborers 

 to the United States be, and the same is hereby, sus- 



E ended ; and during such suspension it shall not be 

 iwful for any Chinese laborer to come, or, having so 

 come after the expiration of said ninety days, to remain 

 within the United States." 



The treaty stipulations referred to in the title of the 

 act are those contained in the treaty between this 

 country and China, bearing date the 17th of Novem- 

 ber, 1880, which is twice referred to in the body of 

 the act. 



The preamble of the treaty recites that the necessity 

 for " a modification of existing treaties " has arisen in 

 consequence of the increasing immigration of Chinese 

 laborers, and the embarrassments caused by such im- 

 migration. The first article provides that " whenever 

 in the opinion of the Government of the United States 

 the coming of Chinese laborers to the United States, 

 or their residence therein, affects or threatens to affect 

 the interests of that country, or of any locality within 

 the territory thereof, the Government of China agrees 

 that the Government of the United States may regu- 

 late, limit, or suspend such coming or residence, but 

 may not absolutely prohibit it. The limitation or sus- 

 pension shall be reasonable, and shall apply only to 

 Chinese who may go to the United States as laborers, 

 other classes not being included in the limitations. 

 Legislation taken in regard to Chinese laborers will be 

 of such a character only as is necessary to enforce the 

 regulation, limitation, or suspension of immigration ; 

 and immigrants shall not be subject to personal mal- 

 treatment or abuse." 



There can be no doubt that the Act of Congress now 

 under consideration was intended to carry into effect 

 the stipulation in this article that the Government of 

 the United States might suspend immigration of Chi- 

 nese laborers to this country. But, in applying the 

 statute, a serious doubt has arisen as to whether it 

 was the intention of Congress to prohibit all persons 

 answering to the description of Chinese laborers and 

 not embraced by the exceptions in the third section, 

 who should come to our shores merely for the purpose 

 of going through the country on their way to China, 

 or only such portions of that class, not coming within 

 the said exceptions, as should come here to seek occu- 

 pation as laborers. 



The preamble of the act, stating that in the opinion 

 of the Government "the coming of Chinese laborers 

 to this country endangers the good order of certain 

 localities within the territory thereof," would seem to 

 have exclusive reference to the Chinese laborer as a 

 dweller in our midst and a competitor with our own 

 laboring classes, for it is in this way only that he is a 

 disturbing element, and not to him as a passenger over 

 our territory, in which character he has never been 

 objectionable. The statute, being in pursuance of the 

 treaty, must be construed as in harmony with it : and 

 as intending to suspend only the coming of Chinese 

 laborers in the way contemplated by the treaty. Upon 

 reference to the provisions of the treaty already re- 

 ferred to and quoted, we find that it is as immigrants 

 into this country that Chinese laborers are dealt with, 

 and that the right of the United States to suspend the 

 coming of such persons is confined to cases in which 

 they come as " laborers." Looking, then, at the mis- 

 chief to which the act was directed and the language 



of the treaty, I do not think that a Chinese laborer 

 coming to this country merely to pass through it can 

 be considered as within the prohibition of the law, he 

 being neither an immigrant nor a laborer coming here 

 as a laborer. 



As the prohibition of the act applies to Chinese la- 

 borers coming into the country to stay as laborers, and 

 as the regulations touching certificates of identifica- 

 tion prescribed by the fourth and sixth sections are 

 ancillary to that end and intended to prevent frauds 

 upon the act, and applicable therefore to Chinese com- 

 ing here for permanent or temporary residence, I am 

 of opinion that Chinese passing through the country 

 to other countries are not required, before crossing our 

 borders, to produce the specified certificates of identi- 

 fication, provided they competently prove, in some 

 other manner, their status as mere transient passen- 

 gers ; of course, the certificates would dispense with 

 the proof. The character of such proof may very 

 properly be regulated by the Secretary of the Treas- 

 ury. 



OTHEE IMMIGRATION ACTS. Two other im- 

 portant laws relating to immigration were 

 passed by Congress during the year. The act 

 of August 2d regulates the carriage of alien 

 passengers by sea with the view of promoting 

 their health, comfort, and safety. It pre- 

 scribes regulations as to their food, drinking- 

 water, treatment, etc., and as to the space, 

 light, ventilation, etc., of immigrant- vessels. 



The act of August 3d imposes a tax of fifty 

 cents on every immigrant brought to the 

 United States. The tax is to be paid to the 

 collector of the port by the master or owner 

 of the vessel bringing the immigrants. The 

 money thus collected is to be paid into the 

 Treasury of the United States, and " shall be 

 used, under the direction of the Secretary of 

 the Treasury, to defray the expense of regu- 

 lating immigration under this act, and for the 

 care of immigrants arriving in the United 

 States, for the relief of such as are in distress, 

 and for the general purposes and expenses of 

 carrying this act into effect." The Secretary 

 of the Treasury is empowered " to enter into 

 contracts with such State commission, board, 

 or officers, as may be designated for that pur- 

 pose by the Governor of any State, to take 

 charge of the local affairs of immigration with- 

 in said State." 



Pursuant to this law, arrangements were 

 made by the Secretary of the Treasury, with 

 the N"ew York Board of Emigration, for con- 

 tinuing at the port of New York the work 

 which the board has carried on at the expense 

 of the State since the head-tax levied by the 

 State was declared unconstitutional by the 

 United States Supreme Court. 



INDEBTEDNESS OF THE UNITED 

 STATES, OF THE STATES, AND OF THE 

 WORLD. It is not a rash assertion to declare 

 that the political organizations of the world 

 are bankrupts, and that civil government on 

 the part of mankind is at the present moment 

 a financial failure. The population of the 

 earth is estimated at 1,433,887,600, and the 

 national debts of the principal countries of the 

 world amount to$23,286,414, 753, which is near- 

 ly twenty dollars for every man, woman, and 

 child now living on the earth. This immense 



