46 . rmnmmn innrourm. ·
gress, in the passage, of this act intended to trench upon the treaty of
_ 1868 as modified by that of 1880; and therefore it is that all gen-
eralor ambiguous clauses or phrases contained in the former should
be construed and applied so as to make them conform to the latter.
It is manifest that the concession in the supplementary treaty of 1880
was only asked and obtained by theUnited States for the purpose of _
allowing it to limit or suspend the existing right of Chinese laborers
to come and be within its territory, for the purpose of laboring therein
and thereby competing with the labor of its citizens for the local
means of livelihood.
Counsel for the Chinese contends (1)A that under the circum-
stances the Patrician is a vessel "touching" at a port of the United
States "on its voyage" to a foreign one, and therefore within the ex·
ception contained in section 3 of the act; and (2) that the crew of a
vessel arriving at a port of the United States from a foreign port or
place, in the ordinary course of commerce and navigation, are not "la-
borers" within the meaning of the act.
,When the Patrician entered the Columbia river the terminus ad
guem or place of termination of her voyage was not definitely known.
It might be either in Europe or the United States; and so far as now
known it is in the former. But, even so long as it might bein either
country, I think she ought to be, for the purpose of this act, considered
as on a voyage to a foreign port. But it is certain that her port of
final- destination was not Astoria, at which place she merely called
for orders. Nor had the voyage then terminated as to the steward
and cook, whose engagements were for 24 months each from the date V
of signing the articles, unless sooner discharged. Section 4511, Rev.
St. A "voyage" is not limited to the passage of a vessel from one
port to another, but it may include several ports. Bouv. Law Dict.
_ "Voyage;" 1 Parsons, Shipp. & Adm. 307. The word "touch" and
its derivatives is, in a sense, a nautical phrase. It is defined thus:
"To come or attain to; to arrive at; to reach; as, ‘To touch their natal
shore.’—QPopc." And its use is illustrated as follows: " To touch at,
to arrive at, or come to without stay, as in sailing. ‘Tl1G next day we l
touched at Sidon.’—-Acts, xxxvii, 3." Worcest. Dict. "Touch."
The word "touching” is evidently used in the act to signify the
opposite of "staying." And it does not apply to the case of a com-
pulsory entrance on account of distress or stress of, weather, for that
is specifically provided for. A vessel doesnot ordinarily touch at her
home port, but remains there until a new voyage is undertaken. But
in course of a trading voyage from England to Asia and back to Europe