1886. CONGRESSIONAL REOORD-· HOUSE. 3195 .ABSENT-25. the President of the United States; which was read, 1·eferred to the Aldrich, George, Jones of Florida, Ransom, Committee on Foreign Affairs, and ordered to be printed. Allison, Hampton, McPherson, Sewell, Blackburn, Harris, Manderson, Vance, To the Senate and House of Representatives of the United Slaw: Butler, Harrison, Miller, Vest. I transmit herewith for the consideration of Congress, with a view to appro­ Camden, Hoar, Mitchell of Pa., priate legislation in the premises, a report of the Secretary of State, with cer­ Cullom, Jackson, Palmer, tain correspondence touching the treaty right of Chinese subjects other than Edmunds, Jones of Arkansas, Pike, laborers'' to go and come of their own free will ami accord." So the bill was rejected. In my annual message of the 8th of December last I said : "In the application of the acts lately passed to execute the treaty of 1880, re­ C. B. BRY.AN & CO. strictive of the immigration of Chinese laborers in the United States, individual cases of hardship have occurred beyond the power of the Executive to remedy, and calling for judicial determination." Mr. DOLRH. I ask leave to make a report which I should hav2 made These cases of individual hardship are due to the ambiguous and defective this morning from the Committee on Claims. provisions of the acts of Congress approved respectively on the 6th May, 1882, The PRESIDENT pro tempore. The report will be received if there and 5th July, 1884.. The hardship has m some cases been remedied by the action be no objection. of the courts. In other cases, however, where the phraseology of the statutes has appea.reli to be conclusive against any discretion on the part of the officers Mr. DOLPH. I am instructed by the Committee on Claims, to whom charged with the execution of the law, Chinese persons expressly entitled to was referred the amendment prol>osed by the Senator from Tennessee free admission under the treaty have been refused a landing and sent back to the country whence they came, without being afforded any opportunity to show (Mr. HARRIS] to the resolution (OrderofBnsiness No. 359) toreferthe in the courts or otherwise their right to the privilege of free ingress and egress claim of C. B. Bryan & Co. to the Court of Claims, to report it favor­ which it was the purpose of the treaty to secure. ably. In the language of one of the judicial determinations of the Supreme Court of .ADMISSION OF WASHINGTON-ORDER OF BUSINESS. the United States to which I have referred, "the supposition should not be in­ dulged that Congress, while professing to faithfully execute the treaty stipula­ Chair Uons, and recognizing the fact that they secure to a certain class the right to go rhe PRESIDENT pro tempore. The lays before the Senate the from and come to the United States, intended to make its protection depend unfinished business, being the bill (S. 67) to provide for the formation upon the performance of conditions which it was physically impossible to per­ and admission into the Union of the State of W.ashington, and for other form." (U. S. R. 112, page 554, Chew Heong v. U. S.) purposes. The a-ct of July 5, 1884, imposes such ~n impossible condition in not providing for the admission, under proper certificate, of Chinese travelers of the ex­ Mr. VOORHEES. Mr. President, I beg the attention of the ,Senate empted classes in the cases most likely to arise in ordinary commercial inter- for a moment to a matter of concern tons all. The regular order of busi­ COUI'$e. ness is the bill in charge of the Senator from Connecticut [Mr. PLATT] · The treaty provisions governing the case are as follows: "ARTICLE L * * * The limitation or suspension shall be reasonable, and for the admission of the Territory of Washington as a State. I desire shall apply only to Chinese who may go to the United States as laborers, other very much to have the consideration of Honse billl297 authorizing the classes not being included in the limitations. • * * construction of a building for the accommodation of the Library, and! ".A.BT.Il. Chinese subjects, whether proceeding to. the United States as teach­ ers, students, merchants, or from curiosity, together with their body and house­ shall be very glad to come to an understanding with the Senator from hold servants, * * • shall be allowed to flO and come of their own free will Connecticut upon that subject, not to proceed with it perhaps now, and accord, and shall be accorded all the rights, privileges, immunities, and ex· but I am satisfied from the previous consideration which the Senate emptions which are accorded to the citizens and subjects of the most favored nation." has given to this identical bill for years past that it can be passed, if I Section 6 of the amended Chinese immigration act of 1884 purports to secure ca:p. secure its consideration, in a very short time. this treaty right to the exempted classes named by means of prescribed certifi­ Mr. PLATT. Does the Senator desire to get consideration for it this cates of their status, which certificates shall be the primafaci£ and the sole per­ missible evidence to establish a right of entry into the United States. But it evening? provides in terms for the issuance of certificates in two cases only: ~1r.VOORHEES. Ishouldsaynot. ["No!" "No!"] Itislate. (a) Chinese subjects departing from a. port of China; and · (b) Chinese persons (i.e., of the Chinese race) who may at the time be sub­ Mr. PLATT. Will it not answer the purpose of the Senaror to call jects of some foreign government other than China, and who may depart for the it up in the morning hour to-morrow? The unfinished business is for United States from the ports of such other foreign government. 2 o'clock. - A st-atute is certainly m9st unusual which, purporting to execute the pro'\-is­ ions of a treaty with China in respect of Chinese subjects, enacts strict formali­ Mr. VOORHEES. I wanted to arrest the attention of the Senate, ties as regards the subjects of other governments than that of China. and ifit be agreeable to the Senate I will call it up after the conclusion It is sufficient that I should call the earnest attention of Congress to the cir­ of the morning business to-morrow, satisfied that it will take but a cumstance that the statute makes no provision whatever for the somewhat nu­ If merous class of Chinese persons who, retaining their Chinese subjection in some small portion of the morning hour to pass it. the Senator from Con­ countries other than China, desir to come from such countries to the United necticut will assent to that arrangement I shall be obliged to him, and States. I am satisfied that it will not interfere with his bill. Chihese merchants have trading operations of magnitude throughout the world. They do not become citizens or subjects of the country where they may !Ir. PLATT. The bill for the admission of Washington Territory temporarily reside and trade; they continue to be subjects of China., and to them does not become the order of business until2 o'clock to-morrow. the explicit exemption of the treaty applies. Yet, if such a Chinese subject, the The PRESIDENT pro tempore. There can be no special orders dur­ head of a mercantile house a.t Hong-Kong or Yokohama or Honolulu or Havana or Colon, desires to come from any of these places to the United States he is met ing the morning hour. with the requirement that he must produce a certificate, in prescribed form and Mr. VOORHEES. Then I give notice that to-morrow, after the com­ in the English tongue, issued by the· Chinese Government. If there be at the pletion of the morning business proper, not the morning hour, I shall foreign place of his residence no representative of the Chinese Government competent to issue a certificate in the prescribed form, he can obtain none, and ask the Senate to consider the Library bill. is under the provisions of the present law unjustly debarred from entry into the 1\f.r. BERRY. On several different occasions I havegivennotice that United States. His usual Chin~e passport will not suffice, for it is not in the I should call up a bill pending on the Calendar. I gave notice a few form which the act prescribes shall be the sole permissible evidence of his right to land. And he can obtain no such certificate from the government of his place days ago that on the conclusion of·the .Army bill I would ask the Senate of residence, because he is not a. subject or citizen thereof, "at the time," or at to take up that bill. I can not consent to any arrangement by which any time. the bill of the Senator from Indiana shall be called up in the morning, There being, therefore, no statutory provision prescribing the terms upon which Chinese persons, resident in foreign countries but not subjects or citizens of such because I expect to ask the Senate to take up the bill of which I gave countries, may prove their statns and rights as members of the exempted classes notice before the .Army bill was acted on. in the absence of a Chinese representative in such country, the Secretary of the Mr. BLAIR. I wish to say to the Senate that there is a great accumu­ Treasury, in whom the execution of the act of July 5,1884, was vested, undertook to remedy the omission by directing the revenue officers to recognize as lawful lation of pension business upon the Calendar, and I give notice that certificates those issued in favor of Chinese subjects b:; the Chinese consular and immediately upon the conclusion of the consideration of the Library diplomatic officers at the foreign port of departure, when visaed by the United bill I shall ask the Senate to dispose of the private pension bills, and States representative thereat.