246 



CONGRESS. (SPECIAL SESSION COMMITTEES.) 



on those who violated it. In 1888 a supplement 

 to the act of 1882 was passed prohibiting 

 Chinese laborers who had formerly resided in 

 the United States, but who had departed, from 

 returning to the United States. 



" On the 5th of May, 1892, was passed ' the act 

 to prohibit the coming of Chinese persons into 

 the United States,' which the present bill seeks 

 to amend. 



" At that time, according to the census report 

 of 1890, the Chinese population of the United 

 States was 106,688. Of this number 95,477 

 were located in the Pacific States and Terri- 

 tories, and the residue were located in various 

 cities of the United States. That act made it 

 the duty of all Chinese laborers within the 

 United States at the time of its passage to apply 

 to the collector of internal revenue of their re- 

 spective districts within one year after .the pas- 

 sage of the act for a certificate of residence : and 

 any Chinese laborer within the limits of the 

 United States who failed to comply with the 

 act, or who, after one year from the passage 

 thereof, was found in the United States with- 

 out such certificate of residence, was ordered to 

 be arrested and deported from the United States. 



" After the passage of the act of May 5, 1892, 

 known as the Geary act, prominent representa- 

 tives of Chinese persons in the United States 

 employed Messrs. Choate, Carter, and Ashtpn, 

 three able and experienced attorneys, to examine 

 and render opinions on said act. Each of these 

 attorneys rendered opinions in which they de- 

 clared the act of May 5, 1892, repugnant to the 

 Constitution of the United States. Their opin- 

 ions were watched for with much interest by 

 Chinese persons within the United States, and 

 they exerted a great and controlling influence 

 with them. 



" Immediately after the expiration of the time 

 allowed for registration by the exclusion act of 

 1892 there were three writs of habeas corpus 

 granted by the circuit court of the United States 

 for the southern district of New York, upon pe- 

 titions of Chinese laborers arrested and held by 

 the marshal of the district for not having certifi- 

 cates of residence under section 6 of said act. In 

 each case the circuit court, after a hearing upon 

 the writ of habeas corpus and the return of the 

 marshal, dismissed the writs of habeas corpus 

 and allowed an appeal. On appeals in these 

 cases from the circuit court of the United States 

 in and for the southern district of New York, 

 five of the justices of the Supreme Court of the 

 United States held (three of the justices dissent- 

 ing and one being absent) that, 



Upon careful consideration of the subject, the only 

 conclusion which appears to us to be consistent with 

 the principle of international law, and with the Con- 

 stitution and laws of the United States, and with the 

 previous decisions of this court, is that in each of these 

 cases the judgment of the circuit court dismissing the 

 writ of habeas corpus is right, and must be affirmed. 



" This decision was not rendered until the 15th 

 day of May, 1893, ten days after the time had 

 expired in which Chinese persons could register 

 and obtain certificates of residence. 



" It seems just and fair that, as many Chinese 

 persons were misled by the opinions rendered by 

 Messrs. Choate, Carter, and Ashton, and failed 

 to register and obtain certificates in the time 



prescribed by law, and as the opinions of these 

 eminent lawyers were sustained on the main 

 question by the Chief Justice of the Supreme 

 Court of the United States and two associate 

 justices, the Chinese should have six months 

 additional time in which to register and obtain 

 certificates of residence. 



" There is also another strong and convincing 

 reason for the passage of this bill which concerns 

 the United States. The report of the Secretary 

 of the Treasury shows that 13,242 Chinese per- 

 sons registered and obtained certificates of resi- 

 dence under the act of May 5, 1892, leaving 93,- 

 445 who failed to avail themselves of the privi- 

 leges of said act. Assuming that about 10 per 

 cent, of these will be entitled to exemption as 

 teachers, students, merchants, and persons travel- 

 ing for curiosity, there would remain about 85,- 

 000 that would be liable to deportation under 

 the law. 



"The Secretary of the Treasury says that he 

 has but $25,000 available' of the fund for enforc- 

 ing the deportation act of 1892 ; that the lowest 

 cost for the transportation of Chinese from San 

 Francisco to Hong-Kong is $51 per capita for 

 steerage passage, and the other expenses incident 

 to arrest, trial, and inland transportation would 

 average not less than $35 more per capita. If, 

 therefore, all Chinese persons within the United 

 States who are required to register under the law 

 and have failed to do so should be transported 

 to China, the cost involved would amount to 

 $7,310,000. It will therefore be not only fair 

 and just to Chinese persons, but wise economy to 

 pass the pending bill and save millions of dollars 

 for the United States." 



The measure was sharply discussed in the 

 House and in the Senate, and opposed by Pacific 

 coast members of Congress. The main point of 

 criticism was the neglect of the Administration 

 in enforcing the Geary act. The bill passed the 

 House Oct. 16, passed the Senate Nov. 3, and 

 was approved by the President. 



Miscellaneous. The House of Representa- 

 tives debated at great length and passed an im- 

 portant measure repealing the Federal Election 

 laws, but it was not taken up in the Senate. 

 The House also discussed fully a national bank- 

 ruptcy law, and a bill to amend the naturaliza- 

 tion laws. It passed a bill amending section 

 4131 of the Revised Statutes in regard to the 

 registry of vessels; a bill requiring the judges of 

 the courts of the United States to conform to 

 the laws of the several States in delivering 

 charges to juries ; a bill providing for the print- 

 ing, binding, and distribution of public docu- 

 ments ; and a bill for a bridge across the Pludson 

 river between New York and New Jersey. Both 

 Houses passed an act in regard to timber culture, 

 one in regard to mining claims, one increasing 

 the number of army officers detailed to colleges, 

 and several minor measures. 



Adjournment. Congress adjourned Nov. 3. 



Committees. The following are the stand- 

 ing and select committees of the Fifty-third 

 Congress : 



SENATE. -Agriculture and Forestry. George, Bate, 

 Ransom, Peffer, Koach, McMillan, Washburn, Proc- 

 tor, Hansbrough. 



Appropriations. Cockrell, Call, Gorman, Black- 

 burn, Bnce, Allison, Hale, Cullom, Teller. 



