our laws; that they must apply to the
collector of internal revenue of their respective districts, within
one year after the passage of this act, for a certificate of
residence, and severe penalties are provided for neglect or refusal
to do so. This inaugurates in our system of government a new
departure, one I believe never before practiced, although it was
suggested in conference that some such rules had been adopted in
the old slavery times to secure the peaceful and quiet condition
of society. It is suggested that we act daily upon the same rule
in regard to the Indian tribes on reservations, but that is upon
very different ground. The Indians are in our country, they are
confined to reservations, and treaties have been made, and those
treaties require them to stay on their reservations. So we are
simply enforcing the treaties, and the Indians do not have to get
a certificate or be punished.

"Now, whether this exceptional legislation, never before introduced
into our country, except in the possible cases I have mentioned,
is in violation of the treaty, is the real question and the real
doubt upon which I stand. I care nothing about the exclusion of
Chinese laborers from our country, because I believe their habits
are inconsistent with our civilization, and, as soon as we can get
rid of them properly, according to the treaty, I am willing to do
so. The question is now whether, in the fact of the language of
the treaty of 1880, it is our right--not our power, but our right
according to the treaty--to make this exceptional legislation for
people who are now here under existing law. The treaty provides
that the United States may, whenever in its opinion the coming or
residence of Chinese laborers injuriously affects the interests of
this country, 'regulate, limit or suspend such coming or residence,
but may not absolutely prohibit it.' In violation of that article
of the treaty we expressly provide that these people shall only
have the right to remain here upon applying, on certain terms and
conditions, for a certificate; that if they lose their certificate
they are not to be governed by the laws as to other persons; they
are here ticket-of-leave men. Precisely as under Australian law
a convict is allowed to go at large upon a ticket-of-leave, these
people are allowed to go at large and earn their livelihood, but
they must have this ticket-of-leave in their possession. We have
agreed by this treaty not onl