The New York Herald Newspaper, January 11, 1879, Page 3

Map Showing the Voyage and Discoveries NEW YORK HERALD, SATURDAY, JANUARY 11, 1879.—TRIPUR SHEET. THE NORTHEAST PASSAGE. ym) NORDENSKIOLDS VOYAGE The Arctic Explorer’s Tesi on a Por- tion of His Journey. TO CAPE TSCHELJUSKIN. Important Errors in Maps and 4 Charts Corrected. pied ARCTIC FLORA AND FAUNA. CurtstIanza, Norway, Dec. 13, 1878. Nest to Stanley’s journey through the dark conti- nent perhaps no expedition of discovery in modern times has cailed forth so great an interest as that which the celebrated Swedish geologist and Arctic ex- plorer, Professor Nordenskivild is now leading along the vast ice-bound coasts of Siberia toward Behring Strait, a journcy never made before. The previous successful expoditions in the Arctic regions. mado by this learned and daring Swede, his practical opening last year to European trade of the regions around th> large Siberian river Yenisei, into which he penetrated, through many hardships, and lastly the considerable part of his perilous journey, already suecessfully achieved, guarantee that Professor Nordenskid!d will really be able to frifil one of the most dificult and daring tasks ever attempted by,discoverers, The last news of the cxpedition received here by mail, via Yakurskin, Siberia, which they reached on a little steamer from the mouth of the River Lena, describe the Professor's circumnavigation of the most north- ern point of Siberia, Cape Tscheljuskin, and is ad- drested to Dr. Oscar Dickson, of Gothenburg, Bweden, the generous Mmcenas to whom science is go much indebted for his liberal support of recent scientific expeditions to the Arctic Sea, and who is the special patron of this, whose experiences we aro about to give. CAPR TRCHULSUSKIN. Professor Nordenskivld’s lotter from East Siberia established with accuracy the geographical situation of the most important places of the northern coast of Siberia, and gives details uf the peculiar physical and biologi¢al churactoristics of those far off and little explored regions. On former maps of Northern Si- Deria wo find the most northern point, Cape Tschel- guckim, which was nomed after its first discoverer, a Russian enilor, given as 100 degrees longitude cast of Greenwich. In 1878 the celebrated German geog- rapher, Dr. Petermann, pablished a new map of the part ot Northern Siberia lying between the rivers Yenisci and Lena, worked out from the materials kept in the archives of the general staff of the Rus- sien army, on which map Cape Tscheljuskin is given as 105 degrees cast longitude ani 77! de- grees north latitude. This map should be re-exam- {ued in the light of the morg récent discoveries of Professor Nordenskild and the description he gives of his course. He relates that he sailed over stretches which are given as landon the map, and that conse- uontly the coast runs more westerly than indicated inthe map. Professor Nordenskidid true longitude of Cape Tscheljuskin is 104 or ond degree more westerly than given by Dr. Poter- mann. The latitude of Cape Tscheljuskin has also been ascertained by the Swedish expedition _ ten minutes higher than formerly supposed. ‘Tho sca north of Siberis is remarkable for tho shallow- ness of its waters. But perhaps the temperature and the fauna are the most striking features of this Si- berian sea, SOLITUDE ISLAND, ‘We will here mention « recent discovery, which is, perhaps, little known in America, of on island before now unknown, in the West Siberian Arctic Sea, It ‘was discovered last summer by the Norwogian skip- per, I. H. Johansen, of Tromso, who named the island, which is eitnated north-northeast of the mouth of the River Yeninei, in latitude 7745 degroos north, the Isle of Solitude, It is situated on the 80th degree cast longitude, and consequently pre- cisely half way between the northern point of Nova Zembia and Cape Tscheljuskin. It was discovered on the th of August and circummavigated during the following three day Its surtace is a little more than throo and a half geographical square milos, Captain Johanson found tho water between the newly discovered island and the const of the mainland of Siberia very shallow—from twelve to forty fathoms deep. THE PROTECTED YorAGT. Professor Nordenskibld directed his course in the ‘Vous from the mouth of the Lena River toward the New Siberian Islands. It was on the 27th of August. The distance from the mouth of the Lena River to Behring Strait is about three hundred and fifty geo- graphical miles, and thence to Yokohama, in Japan, where Professor Nordenskild proposes to end his expedition, about six handred and eighty miles, But before reaching Japan it is expected that he will explore the Now Siberian islunds, which are of great interest to geologists on account of the numerous bones of mammoths there found, and Wrangel’s Land, northwest of Behring Strait, a region which has not yet been scientifically explored. NORDENSKIOLD'S REPON1 Ow Boarp THR VEGA, Y East oy Carr TscHrLsuskin, August 20, 1978. | We have just sailed around Cape Tscheljuskin. As far as we can now sce the ice will not interrupt our journey, at least not before our arrival at the mouth of the River Lena. There the Vega will have to separate from her faithful companion, the steamer Lena, which*will sail up the river as far es Iakutsk. I will, therefore, in all probability in a few days be able to send you over from Jakutsk and Irkutsk the report of our journey from Dickson Harbor, which Iam now going to write. Iam delighted to say at once, “All as well as possible.” WATER TEMPERATURES. After the departure in the morning of the Frazer and the Express for the Simovies, somewhat further up inthe river, I allowed the Vega to remain for twenty-four hours longer in Dickson Harbor in order to give Lieutenant Bove an opportunity of finishing the maps of that excellent harlwor so well protected on all sides, which, doubtless, will become of great importance in the future. So the Vega and the Lena did not gg under way antil-the morning of the 10th of Angn@to continue their route, They steered for the most western of the Kammenni Islands, outside the mouth of the Pjasina. The sky overcast, the temperature of the air up to +-10.4 dog. Celcius (50 deg. Fahrenheit), that of the water at first +10 deg. ond later -+8 deg. (46 deg. Fahrenheit), its saltness slight. No ice was seen during the day? Favored by @ fine breeze from southeast the Vega could start ow her journey with full sails, But r in the day the sea began to be covered with fog. ‘This obliged us to advance with great care, especially as in the course of the day we sailed by small islands not indicated on the chart. DENSE FOGS, Fine weather and ice-free sea favored also the next day's journey; but then the fog became so dense that already in the morning we were obliged to lie to one of the meny small islands wo passed on our way. ‘The island was c od of a low bank of only thinly co which was periectly sterile “¥ 8c: tion of thin moss On side the humidity prevailing during the summer months in these regions had produced an abundant. vegetation of lichens, which was a rich harvest for Dr, Almquist. ‘The water of the sea was but little salt, at least on the surface, and sea alga were consequently hardly to be found, whereas the zoologists were well sup- plied by the dredger with pure forms of sea life. BAILING TRROUGH ROTTEN ICK. On the afternoon of the 11th of August the weather had cleared a little so we could proceed. Now and thgn # floating piece of ice was to be scen, and during the night the ice increased in’an oo degree, but still not so as to arrest navigation. It rather proved useful by laying every trace of motion in the sea, thus rendering it easy to take the temperature of the sea at different depths and secure dredgings twice aday. The ice now consisted almost entirely of bay ice, so eaten away that it was rather of the consistency of ice creain than solid ice. It was evi- dont that it would «disappear altogether in a few days. Although at intervals so thick a fog spread over the sea that the vessels could only keep inforined of each others’ position by means of tho steam whis- tle, we kept on toward the northeast ou an unknown route filled with islets and probably also shoals. Sometimes when the fog. became too thick ‘we stopped at some block of ice, or a large fioe, or at some of the small or large islets, which are forming awall of rocks between Dickson Harbor aud Cape ‘Techeljnskin. ‘Chat we did nots dingle time touch the bottom during that sail is a complete proof ot the excetient manner in. which Lieutenant Palander and the officers who assisted in keeping the watch under his experienced supervision (the Licutenants: Brusewits aud Movgaard), managed the navigation of the veasel, ARCTIC MOTOGY. Gradually the saltness of the water began to in- crease and its temperature to diminish, At the same time the organic life ut the bottom of the sea becaine richer, so that Dr. Stuxberg, in the night between the 1th and the Mth August, while the ship was | fastened to @ piece of floating ico, took ap a q tity of magnificent pure form of sea Life—iarge specimens of the remarkable Crinoide Alecto Esch- richtii, numerous startish (Asterias Sinikit Pan- opla), pyenogonides, &c, ‘The dredging now began to yield Dr. Kjillmann some large sea alga. But on shore the higher fauna and flora were etill o poor that tho coast is he: complete desert com- pared with tho rocky sho! Spitzbergen and Nova Zembia. Anks, red breasted geese, puflins, mots and terns, which congregate at Spitzbery: thousands and thousands, are here entirely lacking. Seagulls and ‘Lestres,"’ which there fill the air with their ceaseless chattering, seroamy and quarre! food, appoar here but rarely, each in two species, and it seems as if they quarrelled leas here. Only snow sparrows, six or seven species of wading birds and some species of geese are found on shore in larger numbers. If we add to these an occasional plarmigan, & mountain owl (strix nyctes) abd a xpecies of falcon the whole bird lite of the region is enumerated, at least as far us we bocame acquainted with it. Or warm blooded animals. in the row outside only two walruses, somo large seals (phoca barbata) and a crowd of other seals (phoca hispida). Fish probably exist here abundantly. A MINERALOGICAL DIRCOVERY, Imnust here mention a very remarkable discovery. While the slap was lying movred to one of the few picees of floating ice Which wo encountered and found to be of sufficient strength to bear aglozen mon, Lieutenant Nordquist and I descended Bn the ice to e@ whether I here contd find any trace of the remarkable substance ot cosmic origin which I found in 1872 on the jeo at, the northern const of Spitzber- op. 1 could And nothing of the sort here. But lentenant Nordquist directed my attention to some yellow spots on the fee, which L asked bint to collec and hand to the botanists of expedi+ tion for examination, thinking they proceeded ni the other from somo diatomous mud, At the —exatnina- tion afterward made it was discovered thet the snbstance in question was of no orante prodnet, but coarse sand, consisting exclusively of very besutifully formed crystals, of « diameter reach: ing even np to couple of millimeters. I have not yet had time or opportunity to examine them more Closely, but, a8 an experienced mineralogist, I can seo that this mineral is @ no common terrestrial ono, but that it, perhaps, is a substance crystallized from the se@ water by the severe winter frost, ACTINIA HARUOR, Waiting for clear weather, wo wore lying at anchor from the 14th to tho Ith August, in an excellent har. bor in the sound between the islaud of Talmyr and the Continent, which Ihave named Actinia Harbor, on account of the numerous uctinias here dredged. YLOMA AND FAUNA, ‘The land was free from*snow and covered with a gray-green carpet of plants, composed of a thick growth of different kinds of-grass, mosses and lich- ens. The number of species ofthe phanerogamous plants was very scanty, but mosses and lichens were abundant. ‘he whole forms evidently a pasture for reindeer much finer than that which exists in the valleys rich in reindeer aft the Belsound, the Tcefjord and the Storfjord of Spitzbergen. Russian hunters have,surely not for acentury visited these regions, and yet we only saw here a few reindeer, which, un- fortunately, were too shy to reward the skill of our sportsmen. Captain Johansen attributed this fuct, perhaps correctly, to the presence of the wolves in the vicinity. He toid us that he had seen wolves’ tracks and a reindeer just killed by a wolt. SILK FOR A STATION. On the steam launch we carried with us Lieu- tenant Palander, accompanied by Lieutenant Hov- gaard, made some excursions to examine the sound, which separates the Taimyr Island from the Conti- nent. That sound was found too shallow and ob- structed and tue current running westward iu the sound too strong for the Vega to penetrate safoly on that route to the Taimyr Bay. But in case a station of observation should not be established at the very Cape Tscheljuskin L can recommend the Actinis Harbor as a station for the meteorological observa- tions which, according to the proposal of Mr. Wey- precht, ate to be made simultancously at many’ different places in thw far north. The harbor forms a 2X. sheltered on all sides and offering a good anchorage. Although’ the continuous fog had not yet lifted the V and the Lena again set sail on the 18th, continuing their route for Cape Tscheljuskin. The experience we have later gained of the weather in these regions proves that we acted wisely. We would probably have been obliged to wait for clear weather till the sea was again covered with ice UNCHARTED ISLANDS, We. steamed on along the western coast of the Taimyr Isiand. It is surrounded by a number of islands which are not to be found on the map, and is possibly itself divided by sounds into several parts. TAIMYR ISLAND. The northern extremity of the Taimyr Island does not seem to extend as far toward north as indicated on the chart. Ice wo only saw in small quantity, and only bay ice, which was so fragile that one couid hardly see a piece strong enough to bear a couple ot men. All that ice must soon have melted. Even the Taimyr Bay was almost free from ice. We were even during our journey again exposed to some motion of the sea. ° On the 19th of August we again steamed on and sailed-along the coast of the peninsula of Tscheljuskin in an extremely thick fog, which only occasionally lifted so much that the contours of the couhtry were visible. During the day we passed an exteasive field of unbroken ive, which occupied a bay on the western side of the peninsula of Tseheliuskin. Owing to the mirage, caused by the refraction near the horizon, the ice appeared to be thiek and high, but on our arrival at the border of the ice itselt it seemed that also this was solid ice, almost as porous as that which neha the bands of ice which we met sometimes in the sea, THE NORTH CAPE OF ASIA. ‘The fog prevented us from seeing far and I already feared that the most northern int of Asia might be so enveloped that we should not be able to land there; but soon peeped out again an ice free cape in the northeast. A little creek, upen toward the north and there free from ive, rau inland. The vessel cast anchor in that creck on the 19th of August, at six o'clock PB. M., flags tying and firing @ salute with one of the small guns,the Vega carried. We had reached the first goal of our journey, the most northern point of the Old World. PTION COMMITTER. The sky had cleai «i the promontary lay before us in the sunshine and free (rom snow, ust as on our arrival at Yenisei in 1876, here, too, we were re- vived by a large polar bear, who, even betore we had ast ancher, was walking to aud fro on the beach, now and then looking and snufling in the direction of the ereok, as it to ascertain what uninvited yuests were now approaching a region Where until now the ‘Dear had held undisputed sway. Frightened by the salute he took to his legs in haste and thereby cs- caped the balls of our sportsmen. DING AND OUSERVATIONS, In order’to take an astronomical ohservstion on this important apot, and to give our zoologista and botanists an opportunity to make some excursions, I remained here until the following noon, ‘Tocheljuskin is formed by alow promontory divid into two parts by the creek, where the vessels had cast anchor. A hill, with graudually sloping sides, extends from the eastern beach paraliel with the coast southward, According to approximate calculation from the astronomical observations and the trimgn- lar measurements which were mado the western point is situated in latitne deg. 36 min. 37 ver, north and longitude 108 deg. 25 min. 5 sec. east of Grecnwich. ‘The eastern point is a little farther toward the north—via, at latitude 77 deg. 41 min. north and longitude 164 deg. Linin. east. Inland the mountains seem gradually to mount to about one thousand fect. — This ‘hill, as well a6 tho flat land, was almost free’ trom fee. Only here and there large white fiells of snow ‘were visible in the holiows ia the mountain sides or in some deep and uarrow ravine in the plain. Near the shore itvelt the ice remained at the most places. ‘The soil of the low lands consists of layers of clay, which in places are almost bare and divided by cracks into more or less pertect hexagons, and in other places covered by @ carpet of plauts, composed of grass, moss and lichens similar to that which we encoautered at the pices where we landed the previousdays, The stone formation here was not granite, bat perpendicular strate of slate, coutaing no petrifactions, but rich in crystals of pyrite. At the farthest point the strats of slate were traversed by large veins of quarw. Dr. Kjillmann Was only able to discover hero twenty-four apecios of phanerogatuous plants, the most of them distingnished by a tendency to form thick hemi- spherical mounds. Also the lichens were, according to the report of Dr. Alinquist, woitorm but luxuriant inform. It almost appeared as if the plants of tho peninsula of Tscheljuskin hed tried to advance fur- ther northwards, but on meeting the seo had stopped on the very utmost point. Mere one found on a very small area almost all the plauts—phanerogames as well as cryptogames—which the country can show, many of Which are sought in vain further wp on tit plain ‘The fauna on shore Was as poor as the higher jora, Of birds only a number of swimming snipes Was Keon, Some species of sendpipers, few elder ducks, aloon, a very numerous flock of “Anser ber: nicl” and the remains of & mountain owl In the sea outside, whieh, with the exception of a few floating bits, was free from ice, 4 single walrus, two shoals of delphinopterus fucas and come few stuall scals (Phoca hispida) were seen, Also there was a very marked lack of warm blooded animals. On the other side the dredger brought up from the bottom several large alyd (Laminaria Aza- rohia, 0.) aud a number of lower animals, among which very large specimens of the Idothea entomon, pare of the isopodes which is also found in the Baltic and our larger jakes, and which is cousidercd fo be ® proof of their haying cohored with the Arctic Lena River. Sea in the ice period. ‘Lhe alyd collected were so far of interest as they gave a further proof of the incor- rectness of the theory which has long prevailed, that the Siberian Arctic Sea was entirely destitute of the higher forms of alyd. THE MAP OF NORDENSKIOLD'S DISCOVERTES— CARTOGRAPHICAL CORRECTIONS, Brr1x, Dec. 18, 1878. Fr. E. Behm, Petermann’s successor in the diree- tion of Perthe’s world renowned Geographical Insti- tute, eflitor-in-chief of the Geographische Mitheilungen, has kindly placed at the disposal of the New York HEnAxp an excellent map drawn by Mr. Hassenstein, the eminent cartographer, giving the first graphic representation of the important discoveries made by Professor Nordenskivild in his valiant expedition. ‘The map demonstrates the course of navigation pur- sused by the Vega and Lena from Hammerfest to the mouths of the Lena, never before attained by any steamer or sailing vessel. Information for sketching the map was generously granted } by Mr. Oscar Dickson, at Gothenburg, the munificent patron of the learned professor and promoter of his present researches. In comparing the outlines of the most northern coast of Asia, 2s now ascertained, with the former charts we immodiately perceive a marked difference in the delineation 6f Taimyr Land. ‘The extreme point of tHe Ohl World, the Promon- torinm Tabin of Pliny, suecessfully rounded by Nor- denskjéld, is situated, according to his and Captain Calander’s observations, in latitude 77 deg. 42 min. north and longitude 104 deg. 1 min. east, somewhat more to the northward of its former position on the map. This fact proves anew the reliableness of the accounts of Tcheljuskin, who, proceeding from Cha- tanga along the coast by means of stedges, was the first to obtain the most northern promontories on the 19th of May, 1742, fixing their latitude at 77 deg. 4 min. Considerable alteration is noticeable with regard to the western coast of Taimyr Land, In contradistinction to the reports of the Russian Captains Stertsoff and Minin, who visited these parts in sledges about 1740, Nordenskidld’s expe- dition confirmed the assertions of Von Middendorf,, that a large island, the Taimyr Insula, lies opposite the west coast of the Taimyr Peninsula, from which it is separated by the straits, the extension of which was noted by Lapheff in 1841, Even more conspicuous is the change in the shape of the castern part of the Taimyr Peninsula, Differing from Middendorff's ethnographical researches and Sokoloft's cartograph- ical studies, the Swedish expedition has proved that the eastern coast of Taimyr Land is situated in east longitude, between 113 and 114 degrees; it has thus experienced a diminution of about four degrees, while the coast from Nordwick Bay to tho Aleneck has been prolonged about the same distance. THE FORCE Of EXAM As visible on our map, Nordenskivld and his party | have only scen a portion of the Taimyr coast, the far | stretching indentations of which were beyond their view. Accttrate observations were made by them, owing to lack of time and want of opportunity, only ai comparatively few points, so that merely the gen- eral contours of the coast would be taken. No doubt an exist that the brilliant example of Nordenskiéld will soon be followed by other seafaring nations. Foremost in the field will unquestionably be the Russians, Who in their patriotism have made already oinany sacrifices to estublish a reyular connection yy sea with Siberia, Even now preparations aro Leing made to fit out vessels to proceed to the Lena next year, The future must show if the same suc will be regilurly aftai Althongh the conditions may have: been exceptionally favorable in the Sea of Karn iu 87%, one onght to bear in mind that Nordenskidld, relying on rottenness of the ice he encountered near. Cape ‘Tebeljuskin, is firmly convinced of the existenco ot a navigable way along the coast every year, purticn- larly as iftmense niasses of warm water are dis- charged into tho ocean by the groat Siberian rivers during the suminer, If Pronlochiteheff, in Angust "| her, 17:36, was prevented by the ico from pe Teheljuskin, and Lapbeff in Auguss, 1740, had to abandou his shallop before the mouth of the Aleneck, it must be remembored that they only possessed small, fragile vessels, whereas sv ages are now attempted with stearuers of powerti construction, HERORS OF SCIENCE. ‘The courage ond dexterity with which the Vega and Lena were étoered through quite unknown seas, amid dense fogs and other tremexadous obstacles and im- pediment, well merit our unquelified praise and ad- miration. In order to spread tar aud wide the names of the bold mariners worthy to be classed among | such hi Columbys, Magellan, Drake, Cabot, Fi ring, Cook, Parry, Franklin and list of the prominent members of N expedition. N kil, who had served in six previo pyages and in the expedition of 1875 re the mouth of the | Yennes#ei, we mention Lieutenant L. Palander, com- mander of the Vega, Bruse- wity, both officers Dr. Kijeliman, botanist ot the University ot Up: sala; Dr. Stuxberg, geologist, aud Dr. Aluw- quish, @ physictan. By — special request of their respective governments Licutenant A. gaord, of the Danish Navy; First Lieutenant Gia- como Bove, of the Italian and Lieutenant Nordquish, of the Ruesian Navy, were attached to the in the Professor's staf. The costs of the expedition are de- frayed by Mr. soar Dickson providing £12,000 out ot the £20,000 required, w his government and Mr. Ak up the The Vega, Nordenskidld’s vessel, originally @ steam whaler, was built at Bro- men of teak wood, has 4 splendid engine and is well adapted for Aretic service. The Lena, which ac companied her ax far as the River Lena, belongs to Mr, Sibiriakoff, and is commanded by Captain Johannaen. She | remains at Yakutsk wntil next summer, when she will return to Nor. way. A léfter trom kutsk, addressed to the St, Petersburg Gazette, describes the joy prevailinu at this outpost of civilization on the arrival ot the . Which entered the river while louskistd, on board of the Ve, yntinued his route for the har Strait. Captain Johannsen rv Yar- kutok om the 21st of September, a fortnight after his separation trom Nordeuskivld. the «greatest interest prev as to the further course and the results of Nordenskibtd’s expedition. More than three months have elapsed since he was last heard of, He was then full of hopes of attaining the long coveted goal. of & northeast p @ from the Atlantic to the Pacific Ocean. May his anticipa- tions be realized and we soou obtain the tidings frum Japan of his sate arrival! THE CHINESE TROUBLE Report of the Education and Labor Committee. A RESTRICTIVE BILL PRESENTED. Failure of Efforts to Procure Relief Through the Executive. a Wasurneror, D. C., Jan. 10, 1879. ‘The following report was presented to the House of Representatives to-day by Representative Willis, of Kentucky, in behalf of the committee name@:— The Committee on Education and Labor having had under consideration sundry bills in regard to Chinese immigration, beg leave "to subinit the fol- lowing report, to accompany House bill No, 2, Brieity stated, this bill provides a vessel shall take on board at any point in China or elaewhere, more than fifteen Chinese ere with intent to bring them, or. shali bring them, within the United States. The violation of this provision is made a misdemeanor, punishable by a fine of £100 for each passenger, and imprisonment for six months. The master is required, under like penal- ties, to report on. his. arrival a'sworn list of all Chinese passengers. The penalty is made a lien upon the vessel. The bill becomes operative on the Ist day of July, 1879. THE CONSTITUTIONAL QUESTION. Waiving for the present any consideration of the merits of the biil, the first question is whether such legislation is within the power of Cougress. Tho existing treaty with China gives its subjects an un- limited right of immigration to the United States. ‘The second clause of articleG of the constitution provides tha me law of nded that any law restricting Chineso immigration would contravene this provision of the constitution «l would, therefore, be null and void. Such a construction cannot be sustained either upon principle or authority. The objects for which the constitution was framed aro higher than any power ranted under it, The general welfare, jus- tice, domestic tranquillity and the — blossings of ‘liberty are oi supreme importance, and cannot be taken from tho people by any treaty, however solemnly ratified. ‘The treaty mak- ing power is limited by these objects, Moreover, both in nature and by international law the first duty 18 self-preservation. If, therefore, it be true that the : of the Chinese endangers the peace or pros- perity of our people, no mere technical considera- tions should intervenc to prevent an increase of tho evil. The clause of the constitution above quoted docs not, however, admit of the construction cogtended for, It elevates treaties from the status of merecom- pacts to the dignity of laws, but does not clothe them with any additional superiority. DECISIONS IN POINT. Laws made in pursuance of the constitution are equally as binding and authoritative as treaties, and if last enacted, control auy contravening treaty ‘This conclusion is enforced by numerous decisions, both of the executive \l judicial departments of the government. In 146i, in the case of the Florida clainis, an apparent confliét between a treaty and a ubsequent act of Congress was decided by Attorney General Crittenden in these words :— An act of vngrens is as much a suprome law of the land They are placed on the same footing, and no of superiority is given to the one or the other, ‘The last expression of the lawgiving power must il. And just for the same reason and on the principle that a subsequent act must prevail i have effect, though inconsistent with a prior act, 80 must an act of Congress have effect, thongh in consistent with a prior treaty. (Opinions Attorney Generals, vol. 5, p. 345). ‘To the same eftect is the decision of Attorney Gen- eral Akerman in the case of the Choctaw Indians. He declares there is nothing in the constitution which Assigns different ranks to: treaties and to statutes, Both the one and the other, when not inconsistent with the constitution, seem to stand upon the same Jevel and to be of equal validity; and, as in the case of all laws emanating from an equal anthority, the earlier in date yields to the later. (Opinions Attor- ney Generais, vol. 13, p. ‘These decisions of th: firmed as the Hamilton 4 Judicia tive Department, con- Court reports, page 454)—the Court says («peaking by Justice Curtis) :— Tt is impossible to maintain that under our constitution the President and Senate exclusively possoes the power to modity or repeal a law found in a treaty. [f this were trie bo change in a treaty could be made without the con rent of some rnment. ‘That the eon- stitution wns to place our country inthis kelpless supposition wholly snmdim Tri the nocersities of words of the sistent with a state of war, It envnot, thereof be md, mitted that the only method of escape from a treaty js by the consent of the other party to it or a dectaration of war. To refnse to execute a treaty for reasons which approve thomselves to the conacientions judgment of @ nation't ne be applicable to nit eases T am convinced, aud I feel doubt shat it belongs to Congres Similar opinions have been delivered in Cironit Courts of the country. The ions were finally afirmed by the Supreme Court of the United States. In the Cherokee tobacco ease, reported in 11 Wallace, page 116, the Court say: Tho offoct of treaties and acts of Congroas when in con thie ot settiod by the coustitation. the question is Bot involved In any doube as to its proper solution, A prior net of Congress Voters, sede n prior tronty ves referred to A wan lability or immuanity trom lois! clatmed for thom. The act of Congre: the treaty were not an clement to be con wrong has been done, the power of redross is with Congress, not with the judiciary PREVIOUS EFFORTS AT RELIFY. ‘The evils of Chinese iminigration haye been fully anit Ifa rr i+] of Professor Wordenskiold Along the Northern Coast of Siberia, as Far East as the Mouths of the recognized upon the Pacific slope for many years, Welcomed at first as a unique addition to the society and a valuable ally in the deveiopment of the ma- terial resources of their new home, the Chinese, by their sordid, selfish, immoral and non-amalgamatory habits, within a very short time reversed the judg- ment in their favor, and came to be regarded as a standing menace to the social and political institu- ions of the country. The State laws which had been acted having been d the Supreme Court, and ev proving ineffectual, it was finally determined to appeal to Congress. Accordingly, as early as the 22d of. December, 1569, at the second session of the Forty-first Congress, an effurt was made, but with- out success, to secure restrictive legislation. In the Forty-second Congress and aiso in the Forty-third Congress numerous memorials, resolutions of public meetings and petitions—one of which numbered over sixteen thousand signatures—were presented to the same cffect and with the same result, At the first session of the Forty-fourth Congress these renewed eppeals for relief met for the first time with a favorable response. A joint resolution was introduced aud passed, calling upon the President of the United States to “open ne- gotiations with the Chinese government for the pur- pose of modifying the provisions of the treaty be- tween the two couutries and of restricting the sane to commercial purposes.” Subsequently, at the same session, another joint resolution was passed requesting the ‘President to present to the Chinese government sn additional article to the. treaty of July 28, 1868, reserving mutually to the two governments the rigit to regulate, restrict or prevent immigration to their respective countries. These authoritative requests. the part of Congress failed to secure the desired relict. DANGEROES PROPORTIONS. In the meanwhile the question lad assumed dan- gerous proportious, The conviction that Chinese im- inigration was @ great evil was so deep seated and unanimous that mob violence was openly threatened, and in many instances the arm of the law seemed powerless protect. Recognizing this — exi- gency, the Legislature of California ap- pointed a special committee, whose report, based upon -the testimony familiar with the subject, ably und forth the objections to the Subsequent to this a joint committee, appointed by the Forty- fourth Congress, collected voluminous testimony upon the same subject, and by a majority report urged upon the Executive Department the-necessity for un immediate change of the Burlingame Treaty, to the end that such immigration might be restricted or prevented, These reports, together with other official documents upon the subject, were laid before the present Congress. ACTION OF THE COMMITTEE. Your committee, in view of the importance and urgency of the question, after a patient hearing of the evidence and argument on both sides, at »n early date after its organization presented a resolution which, with @ slight modification, passed both houses of Congress. This resolution again called attention to the obnoxious features in the Burlingame treaty and requested prompt action on the part of the Executive Department in securing its change or abrogation. In view of the almost unaninrous sentiment of the people of the Pacitic slope as to the necessity ot such action, it was hoped that these successive resolutions ot Congress, together with the various petitions, memorials and official data in the possession of the government, would cause negotiations to be opened for that pur- pose. Such action would have been preferable to direct interference by Congress, inasmuch as it would have been frte from all doubt as to its legality and would not have jeopardized the friendly feelings and commercial ‘intercourse tween the two countries. Moreover, when change ot the treaty was first suggested by Congress, and, indeod, up toa very recent date, itis believed that the Chinese governinent would have made no serious objection, as its policy was opposed to the emigra- tion of its citizens, However desirable such a result may have been, it has thus far not been accomplished, ‘The petitions to secure local remedial legislation were presented within a year after the ratification of the urlingame Treaty. These were bp ge 2 re. newed at every subsequent sessifn, until finally the Forty-fourth Coeuress the —resolu- already referred to, was passed, calling the attention of the Executive Eepartment to the necessity of a change in the treaty. ‘This reso- Intion was again presented to and passed in the second session of the present Congress, but has not, us far as yourcommittee is informed, callef forth any practical effort at action. So long a period of non-action proves cither the unwillingness or the in- ability ot the treaty-making power to cope with the qnestion. In eifher event your committee consider that further fdelay would work great injustice to the people of a large portion of our country, provided the evils whereot they complain are well tounded, RICTIVE LEGISLATION NPCESSARY. ‘That th omplaints are not without cause cannot, upon the evidence, be doubted, Your committee, in @ report accompanying joint resolution H. R. No. 123, at the second session of this Congress, en- deavored to present what seemed to them some insuperable objections to Chinese immigration. Further examination of facts only confirm# the conclusions therein stated, This whole question is not one of right, but of policy. There is no prin- ciple on which we are compelled to receive into our midst the natives of Africa or any other part of the world. The ¢ er, source and extent of immigration should be regu and con- trolled with reference to our wants and welfare. The different problems, economic and political, resulting from the presence of the red and black races, would be renewed in a more aggravated and dangerotis tori by the yellow race. The Mongolian, unlike the Indian, is brought in daily contact with our social aud political lite, and, unlike the African, does not surrender any of his marked peculiarities by reason of that contact. Itis neither possible nor desirable for two races as distinct as the Caucasian and Mongolian to live under the same government without assimilation. The degradation or slavery of the one or the other would be thogn- evitable result. Homogeneity of ideas and of physi- cal and social habits are essential to national bur mony and progress. THR INDUSTRIAL QUESTION. Rqnally grave objections may be urged against the Chinese from an industrial standpoint. Our labor- ing people cannot and ought not to be subjected to a competition which involves the surrender of the sa- cred aad elevating influences of home and the sacri- fice of the ordinary appliances of personal civiliza- tion, The question is therefore not one of competi- tion but of & substitution of one kind of labor for another. No self-governing country can afford to diminish or destroy the dignity, the welfare and independe of its citizens. Justice to the people of the Pacific slope, the dictates of common humanity and be- nevolence, as well as the plainest suggestions of practical statesmanship, all demand that the problem of Chinese emigration shall be solved while it is yet within the legislative control. Governed by these views, your committee present and recommend the passage of the bill accompanying this report