Speech #470056546

We have had some legislation on the subject of the importation of Chinese into the United States. commencing in 1862. running on through 1869 and 1874 and 1875. I believe 1875 was the last act. It was not in virtue of a treaty that we made with China. but in virtue of a reserved power to protect our own people against the immigration of classes whose institutions and customs differ fLiom our own. we passed an act which is now incorporated in section 2158 of the Revised Statutes. which reads as follows: o citizen of the United States. or foreigner coming into or residing within the same. shall. for himself or for any other person. either as master. factor. owner. or otherwise. build. equip. load. or otherwise prepare. any vessel. registered. en. rolld. or licensed in the United States. for the purpose of procuring from any port or place the subjects of China. Japan. or of any other oriental country. known as "coolies." to he transported to any foreign port or place. to be disposed of. or sold. or transferred. for any time. as servants or apprentices. or to be held to serv. ice or lyabor. In looking through the remaining statutes which we have enacted on this subject. the word "cooly" is always employed without any definition of the moaning of that word. The word was imported into this country with Chinese laborers. It ome with an Asiatic signification. it was adopted into oan criminal code of laws with that Asiatic signification. What a cooly is in China or in Japan or in Indiafor I believe the word had its origin in Indiais something that is loft to be ascertained by the judicial authorities of this country when they come to execute these criminal laws. We never had a doubt. it madeno difference what had been our relations with China. or Japan. or any other Asiatic or oriental country. of our free right and discretion to prohibit the importation into this country of persons who are called coolies. Where did we derive the anthority to enact that statute? From what treaty with Japan. with China. with Great Britain. which controls India. or with any. of the other powers in the oriental country have we acquired the right to prohibit the immigration into this country of persons who in that country are called coolies? These statutes were enacted in the beginning at a time when the imnmigration of Chinese labor into this country had not become an economic or social question. We commenced then upon the sedate * consideration of our rights as a nation or a people to prescribe for ourselves and in regard to all the peopie of the earth the characteristics. and qualities of those who might be admitted to or become adopted into our country. It has never been doubted that we had the right to prevent the importation of pauper labor from the most civilized of European countries. It has never been doubted that we had the right to prevent the importation of those who were diseased. or criminals. or persons who might be in any respect injurious to the bodypolitic. Whether tIe matter is to be considered in relation to the rights of labor. the rights of Christianity. the right of protection against disease. the right of protecting the families of time coumntry against tlne intrusion of abnormual and dangerous oleasents. it imalces no difference in what direction we have seen proper to turn our thoughts and exercise our discretion. the right has not been denied us to legislkto for the protection of our country. The word "cooly" in the statute needs a definition. Itnustnow have a definition. or else we must subnmit to have the whole spirit of the legislation in which that word was adopted evaded and set aside. When we undertook to prevent the importation from Japan and China and other oriental countries of coolies we regarded them as. persons who were brought to this country under a contract made abroad. which held them to service for a term of years. and in consideration of the stipulations of agreement these parties had no power in their own country and under their own laws. neither under our laws. to emancipate themselves from the servile condition into which. those contracts placed them. We said in our statutes that there were those who were imported under agreements for a term of service which should extend for one or more years. that they were being imported by companies. by factors. by agents. Shall I call them slavetraders ?