OCR Text |
Show TWO LAWS THAT DON'T WORK WELL. In March last, while under pressure of strong popular excitement, Congress enacted two laws which have since been shown to be very imperfect in construction, and which at the time of their enactment were by many of the best jurists in the country, deemed to be of doubtful constitutionality. One of these was the law prohibiting the landing of Chinese in this country, which was so bunglingly put together as to be in conflict with other wholesome, necessary and sensible laws, and the heads of departments are greatly puzzled to devise a way to solve the difficulties that have arisen under it. Some of these difficulties are well illustrated in the following dispatch: Washington, Aug. 16.-Judge French, Acting Secretary of the Treasury, says that the new law prohibiting the Chinese from arriving in this country furnishes him a great deal of work in the way of making decisions interpreting the intention of Congress in connection with the law. He is in receipt of inquiries from the collectors of various ports asking for instructions. The most interesting case of this kind came from Port Townsend, W. T. to day. The collector there asks what he shall do in the case where a Chinaman who had enlisted in an American port as a suitor, and who having served out his enlistment wants to land where he enlisted. Under the provisions of the new law the collector says, it is clear he shall not be allowed to land, but a conflict arises us between the new and former law in regard to sailors. Under the shipping agreement with the Chinaman the captain of the vessel bound himself to land the Chinamen in an American port, and if he failed to do so he is subject to a fine under the maritime law and if he does land the Chinaman he will subject himself to a heavier fine under the new law regarding Chinese. The collector asks what he shall do in the matter. Judge French says these cases are the most complex that have come before him and difficulties are arising at every point. He intends to refer the entire matter to the next session of Congress. In the meantime he is not exactly certain what shall be done with the Chinaman in this case. It is suggested by a Californian here that the difficulty in the matter can be got rid of by throwing the Chinaman overboard but Judge French thinks this would only complicate the matter. The other bill that was passed in response to a highly fomented feeling of social purity, as hypocritical as it was widespread, claims Senator Edmunds of Vermont as its father. Already its glaring imperfections and inconsistencies have occasioned its friends, who worked so hard to secure its successful accouchement, great anxiety as to the success of their plans under it. But not until the Commission created by it shall get fairly to work at carrying out its provisions will its imperfect, impracticable and unconstitutional character be brought fully and fairly to light before the whole country. |