U 32 FEDERAL nnromnn.
nese, without any objection from the mother country. The com
plaints there from the conflict of white with Chinese labor had been
as great and as strongly expressed as any which ever arose in this
state. Legislation by congress excluding or restricting the immigra-
tion would never have been so long delayed except from a desire not
to offend the Chinese government. It was not deemed necessary to
negotiate with other governments with respect to Chinese within their
borders. So, when the act of congress was passed, it had a double
purpose; it was to exclude laborers coming from China, subject to
certain stipulations of the treaty of 1880, and also laborers of the
Chinese race coming from any other part of the world. Its framers
knew, as we all knew, that the island of Hong Kong would pour
such laborers into our country every year in unnumbered thou-
sands, unless they also were covered by the restriction act. So the
act declares in its first section that from and after the expiration
of ninety days from its passage, and until the expiration of ten years,
the coming of Chinese laborers to the United States, without any lim-
itation of the country from which they might come, is suspended, `
and during such suspension it shall not be lawful for any Chinese
laborer to come, or having come, after the expiration of the ninety
days to remain, within the United States. ‘
The second section makes it a misdemeanor, punishable by ine
or imprisonment, or both, forpthe master of a vessel knowingly to
bring into the United States on his vessel, and land, or permit to be
landed, any Chinese laborerfrom any foreign port or place. The lan-
guage of these sections is suniciently broad and comprehensive to
embrace all Chinese laborers, without regard to the country of which
they may be subjects. And the twelfth section declares that any
Chinese person found unlawfully within the United States shall be re-
moved therefrom by direction of the president to the country from
whence he came—not necessarily to China.
Our attention has been called to a recent decision of Judges Lownnn
and Nnnsou, of the circuit court of the United States for the district
of Massachusetts} in which they reach a different conclusion. Those
judges considered that the act of congress was simply intended to ex-
t clude laborers from China within the stipulations of the supplement-
ary treaty. Undoubtedly, as already said, that was one of its ob-
jects; but it is very evident, both from the circumstances under which
it was passed and from its language, that it had a still further ob-
ject. The construction which we give renders all its provisions con-
sistent with each other. The whole purpose of the law, which was to
exclude from the country laborers of the Chinese race, would be de-
feated by any other construction.
The release of the petitioner must be denied, and he must be re-
turned to the ship from which he was taken. And it is so ordered.
1Scc 17 FED. REP. 634.
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