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Questions and Answers
What is the primary consideration when interpreting the intent of the legislature?
What is the primary consideration when interpreting the intent of the legislature?
- The title of the act (correct)
- The influence of the judiciary
- The body of the statute
- The opinion of the general public
The title of an act can control plain words in the body of the statute.
The title of an act can control plain words in the body of the statute.
False (B)
What is the main consideration when determining the intent of the legislature, according to Chief Justice Marshall?
What is the main consideration when determining the intent of the legislature, according to Chief Justice Marshall?
Everything that can aid in discovering the design of the legislature.
The title of the act may help to ______________________ its meaning.
The title of the act may help to ______________________ its meaning.
What is the scope of the act, according to its title?
What is the scope of the act, according to its title?
The act applies to all contracts between aliens and US-based organizations.
The act applies to all contracts between aliens and US-based organizations.
What is the title of the act mentioned in the content?
What is the title of the act mentioned in the content?
The act does not apply to offenses committed by subjects of a _______________________ power.
The act does not apply to offenses committed by subjects of a _______________________ power.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
What is the name of the case mentioned in the passage?
What is the name of the case mentioned in the passage?
The Act of February 26, 1880, applies to contracts between US citizens.
The Act of February 26, 1880, applies to contracts between US citizens.
In which year did the plaintiff in error make a contract with Warren?
In which year did the plaintiff in error make a contract with Warren?
The case of Church of the Holy Trinity v.United States is found in Volume __________ of the U.S. Supreme Court opinions.
The case of Church of the Holy Trinity v.United States is found in Volume __________ of the U.S. Supreme Court opinions.
What was Warren's role in the Church of the Holy Trinity?
What was Warren's role in the Church of the Holy Trinity?
Warren was a US citizen prior to making the contract.
Warren was a US citizen prior to making the contract.
What was the location where Warren was residing prior to making the contract?
What was the location where Warren was residing prior to making the contract?
Match the following parties with their roles in the case:
Match the following parties with their roles in the case:
What is the meaning of the term "willful" in the context of the Act of 1855?
What is the meaning of the term "willful" in the context of the Act of 1855?
The court must always adopt a literal construction of the words of a statute.
The court must always adopt a literal construction of the words of a statute.
What is the principle that the court uses to avoid absurd results when interpreting a statute?
What is the principle that the court uses to avoid absurd results when interpreting a statute?
In the case of United States v. Kirby, the defendants were indicted for violating an act of Congress that prohibited ___________ the passage of the mail.
In the case of United States v. Kirby, the defendants were indicted for violating an act of Congress that prohibited ___________ the passage of the mail.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
What was the reason why the defendants in United States v. Kirby arrested Farris on the steamboat General Buell?
What was the reason why the defendants in United States v. Kirby arrested Farris on the steamboat General Buell?
The court in United States v. Kirby held that the arrest of Farris upon the warrant from the state court was an obstruction of the mail or the retarding of the passage of a carrier of the mail within the meaning of the act.
The court in United States v. Kirby held that the arrest of Farris upon the warrant from the state court was an obstruction of the mail or the retarding of the passage of a carrier of the mail within the meaning of the act.
What is the principle that the court uses to interpret general terms in a statute to avoid injustice or oppression?
What is the principle that the court uses to interpret general terms in a statute to avoid injustice or oppression?
According to the court, all laws should receive a ____________ construction.
According to the court, all laws should receive a ____________ construction.
What is the primary reason for the passage of the Act of February 26, 1880?
What is the primary reason for the passage of the Act of February 26, 1880?
The Act of February 26, 1880, was aimed at remedying the evil of contracting with skilled laborers.
The Act of February 26, 1880, was aimed at remedying the evil of contracting with skilled laborers.
What was the situation that led to the appeal to Congress for relief?
What was the situation that led to the appeal to Congress for relief?
According to MR. JUSTICE BROWN, the practice of contracting with foreign laborers led to the _____________ of other laborers engaged in like occupations.
According to MR. JUSTICE BROWN, the practice of contracting with foreign laborers led to the _____________ of other laborers engaged in like occupations.
What was the intent of Congress in passing the Act of February 26, 1880?
What was the intent of Congress in passing the Act of February 26, 1880?
The Act of February 26, 1880, was intended to apply to all contracts between aliens and US-based organizations.
The Act of February 26, 1880, was intended to apply to all contracts between aliens and US-based organizations.
What did the Senate committee on education and labor recommend in their report?
What did the Senate committee on education and labor recommend in their report?
The Act of February 26, 1880, was aimed at preventing the migration of immigrants who did not have sufficient ______________ in their own hands or those of their friends to pay their passage.
The Act of February 26, 1880, was aimed at preventing the migration of immigrants who did not have sufficient ______________ in their own hands or those of their friends to pay their passage.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
What is the common declaration found in the First Amendment of the United States Constitution?
What is the common declaration found in the First Amendment of the United States Constitution?
The Constitution of the United States has no provisions related to religion.
The Constitution of the United States has no provisions related to religion.
According to Updegraph v. Commonwealth, what is part of the common law of Pennsylvania?
According to Updegraph v. Commonwealth, what is part of the common law of Pennsylvania?
According to Chancellor Kent, the people of New York profess the general doctrines of _______________________ as the rule of their faith and practice.
According to Chancellor Kent, the people of New York profess the general doctrines of _______________________ as the rule of their faith and practice.
What is the basis of the morality of the country, according to Chancellor Kent?
What is the basis of the morality of the country, according to Chancellor Kent?
The Court in Vidal v. Girard's Executors sustained a will that allowed ministers to enter a college.
The Court in Vidal v. Girard's Executors sustained a will that allowed ministers to enter a college.
Match the following court cases with their descriptions:
Match the following court cases with their descriptions:
According to the Constitution, the executive has _______________ (Sundays excepted) to determine whether he will approve or veto a bill.
According to the Constitution, the executive has _______________ (Sundays excepted) to determine whether he will approve or veto a bill.
What is the basis of American life, as expressed by its laws, business, customs, and society?
What is the basis of American life, as expressed by its laws, business, customs, and society?
The Constitution separation of church and state implies that the government is neutral towards all religions.
The Constitution separation of church and state implies that the government is neutral towards all religions.
What is the common requirement for officers in some state constitutions?
What is the common requirement for officers in some state constitutions?
The Constitution of Maryland requires all persons to frequent or maintain a place of worship.
The Constitution of Maryland requires all persons to frequent or maintain a place of worship.
What is the purpose of public worship and instruction in piety, religion, and morality according to the Constitution of Massachusetts?
What is the purpose of public worship and instruction in piety, religion, and morality according to the Constitution of Massachusetts?
The Constitution of Indiana requires that the manner of administering an oath or affirmation shall be such as is most consistent with the _______ of the deponent.
The Constitution of Indiana requires that the manner of administering an oath or affirmation shall be such as is most consistent with the _______ of the deponent.
Match the following state constitutions with their provisions:
Match the following state constitutions with their provisions:
The Constitution of Delaware requires all officers to make a declaration of allegiance.
The Constitution of Delaware requires all officers to make a declaration of allegiance.
What is the reason for promoting the happiness of a people and securing the good order and preservation of their government according to the Constitution of Massachusetts?
What is the reason for promoting the happiness of a people and securing the good order and preservation of their government according to the Constitution of Massachusetts?
What is the consequence of disturbing the good order, peace, or safety of the state according to the Constitution of Maryland?
What is the consequence of disturbing the good order, peace, or safety of the state according to the Constitution of Maryland?
The Constitution of Mississippi prohibits persons who deny the being of a _______ or a future state of rewards and punishments from holding public office.
The Constitution of Mississippi prohibits persons who deny the being of a _______ or a future state of rewards and punishments from holding public office.
The Constitution of Indiana allows for the establishment of public Protestant teachers of piety, religion, and morality.
The Constitution of Indiana allows for the establishment of public Protestant teachers of piety, religion, and morality.
What is the penalty prescribed by the act for violating the statute?
What is the penalty prescribed by the act for violating the statute?
The act is intended to prohibit all kinds of labor and service in the United States.
The act is intended to prohibit all kinds of labor and service in the United States.
What is the relation of a rector to his church?
What is the relation of a rector to his church?
The first section of the act describes the acts that are forbidden, and is in these words: 'Be it enacted by the Senate and House of Representatives of the United States of America in Congress _______________.
The first section of the act describes the acts that are forbidden, and is in these words: 'Be it enacted by the Senate and House of Representatives of the United States of America in Congress _______________.
What is the purpose of the fifth section of the act?
What is the purpose of the fifth section of the act?
The act is intended to denounce with penalties a transaction like the one in the present case.
The act is intended to denounce with penalties a transaction like the one in the present case.
What is the rule that a thing may be within the letter of the statute and yet not within the statute?
What is the rule that a thing may be within the letter of the statute and yet not within the statute?
The sages of the law have construed statutes quite contrary to the letter in some appearance, and those statutes which comprehend all things in the letter they have expounded to extend to but some things, and those which generally prohibit all people from doing such an act they have interpreted to _______________.
The sages of the law have construed statutes quite contrary to the letter in some appearance, and those statutes which comprehend all things in the letter they have expounded to extend to but some things, and those which generally prohibit all people from doing such an act they have interpreted to _______________.
Match the following phrases with their descriptions:
Match the following phrases with their descriptions:
The court's interpretation of the act is based on the letter of the statute rather than its spirit.
The court's interpretation of the act is based on the letter of the statute rather than its spirit.
What is the primary purpose of the pilgrims' compact in the Mayflower in 1620?
What is the primary purpose of the pilgrims' compact in the Mayflower in 1620?
The fundamental orders of Connecticut, established in 1638-39, do not mention God.
The fundamental orders of Connecticut, established in 1638-39, do not mention God.
What is the main reason why the people of Connecticut assemble together according to the fundamental orders of 1638-39?
What is the main reason why the people of Connecticut assemble together according to the fundamental orders of 1638-39?
The charter of privileges granted by William Penn to the province of Pennsylvania in 1701 asserts that Almighty God is the only ______________ of Conscience.
The charter of privileges granted by William Penn to the province of Pennsylvania in 1701 asserts that Almighty God is the only ______________ of Conscience.
According to the declaration of independence, what is the source of human rights?
According to the declaration of independence, what is the source of human rights?
The constitutions of all states in the United States recognize the importance of religious obligations.
The constitutions of all states in the United States recognize the importance of religious obligations.
What is the purpose of the recognition of religious obligations in the constitutions of the states?
What is the purpose of the recognition of religious obligations in the constitutions of the states?
The Constitution of Illinois, 1870, expresses gratitude to ______________ God for the civil, political, and religious liberty.
The Constitution of Illinois, 1870, expresses gratitude to ______________ God for the civil, political, and religious liberty.
What is the main intention of the Act of February 26, 1880, according to the committee of the house?
What is the main intention of the Act of February 26, 1880, according to the committee of the house?
The commission to Christopher Columbus prior to his sail westward was from the Queen of England.
The commission to Christopher Columbus prior to his sail westward was from the Queen of England.
What is the objective of the colonial grant made to Sir Walter Raleigh in 1584?
What is the objective of the colonial grant made to Sir Walter Raleigh in 1584?
The first charter of Virginia, granted by King James I in 1606, was to _______ the Christian Religion to such people.
The first charter of Virginia, granted by King James I in 1606, was to _______ the Christian Religion to such people.
What is the characteristic of the immigrants mentioned in the report?
What is the characteristic of the immigrants mentioned in the report?
The Act of February 26, 1880, was intended to promote the welfare of American laborers.
The Act of February 26, 1880, was intended to promote the welfare of American laborers.
What is the historical context of the role of religion in the United States?
What is the historical context of the role of religion in the United States?
The commission to Christopher Columbus recites that 'it is hoped that by _______ assistance some of the continents and islands in the ocean will be discovered'.
The commission to Christopher Columbus recites that 'it is hoped that by _______ assistance some of the continents and islands in the ocean will be discovered'.
Match the following historical figures with their roles:
Match the following historical figures with their roles:
What is the consequence of the immigration of cheap unskilled labor?
What is the consequence of the immigration of cheap unskilled labor?
What is the significance of the prefatory words 'In the name of God, amen' in wills?
What is the significance of the prefatory words 'In the name of God, amen' in wills?
The Sabbath is observed as a day of rest in the United States.
The Sabbath is observed as a day of rest in the United States.
What is the significance of the multitude of charitable organizations in the United States?
What is the significance of the multitude of charitable organizations in the United States?
The Church of the Holy Trinity v. United States case is found in Volume __________ of the U.S. Supreme Court opinions.
The Church of the Holy Trinity v. United States case is found in Volume __________ of the U.S. Supreme Court opinions.
Match the following religious figures with their denominations:
Match the following religious figures with their denominations:
The Act of February 26, 1880, applies to contracts between US citizens and aliens.
The Act of February 26, 1880, applies to contracts between US citizens and aliens.
What is the duty of the courts in interpreting the intent of the legislature?
What is the duty of the courts in interpreting the intent of the legislature?
What is the significance of the Church of the Holy Trinity v. United States case?
What is the significance of the Church of the Holy Trinity v. United States case?
Study Notes
The Act of February 26, 1880
- Prohibits the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia
- Found in 23 Stat. 332, c. 164
Exception to the Act
- Does not apply to contracts between aliens residing outside the United States and religious societies incorporated under state laws
- Involves the alien agreeing to move to the United States to serve as the society's rector or minister
Church of the Holy Trinity v. United States (1892)
- The case involves a contract between the Church of the Holy Trinity and E.W. Walpole Warren, an alien residing in England, to serve as its rector.
- The contract is challenged under the Act of February 26, 1880, which prohibits the importation and migration of foreigners and aliens under contract to perform labor in the United States.
The Act of February 26, 1880
- The Act prohibits the importation and migration of foreigners and aliens under contract to perform labor in the United States, its territories, and the District of Columbia.
- The Act includes all kinds of labor and service, including professional actors, artists, lecturers, singers, and domestic servants.
- An exception is made for professional actors, artists, lecturers, singers, and domestic servants.
Court's Decision
- The court rules that the contract between the Church of the Holy Trinity and Warren is not within the prohibition of the Act.
- The court reasoning is based on the principle that a thing may be within the letter of the statute and yet not within the statute because not within its spirit nor within the intention of its makers.
- The court cites several cases where a literal construction of a statute would lead to absurd results, and therefore, the court must restrain the words and consider the intent of the legislature.
Legislative Intent
- The court looks at the title of the Act, which is "An Act to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its territories, and the District of Columbia."
- The court concludes that the title indicates that the Act only applies to manual labor and not to professional services like that of a minister.
- The court also considers the contemporaneous events and the situation that led to the passage of the Act, which was the influx of cheap, unskilled labor that depressed the labor market and reduced wages.
- The court notes that the reports of the committee of each house of Congress support the conclusion that the Act only applies to manual labor.
Conclusion
- The court holds that the contract between the Church of the Holy Trinity and Warren is not within the prohibition of the Act because it is a contract for a professional service, not manual labor.### Early Colonial Charters and Christian Influence
- The first colonial grant to Sir Walter Raleigh in 1584 included a provision that the government of the proposed colony would not be "against the true Christian faith now professed in the Church of England."
- The first charter of Virginia in 1606 explicitly recognized the Christian faith, stating that the colony's purpose was to "propagating of Christian Religion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God."
- Subsequent charters, including those granted to the Massachusetts Bay Colony, also recognized the Christian faith as a primary purpose of the colonies.
Founding Documents and Christian Influence
- The Mayflower Compact (1620) stated that the Pilgrims' purpose was "for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country."
- The Fundamental Orders of Connecticut (1638-39) began with a declaration recognizing God's providence and the need for an orderly government according to God's will.
State Constitutions and Christian Influence
- Many state constitutions, including those of Illinois, Indiana, Maryland, and Massachusetts, recognize the importance of religion and/or the existence of God.
- Some state constitutions, such as Delaware's (1776), require officials to profess faith in God and Jesus Christ.
US Constitution and Christian Influence
- The First Amendment to the US Constitution guarantees the free exercise of religion, implying that the government recognizes the importance of religion in American life.
- The Constitution also includes provisions, such as the exemption of Sundays from the ten-day period for presidential review of bills, that reflect a Christian influence.
Court Decisions and Christian Influence
- In Updegraph v. Commonwealth (1824), the Pennsylvania Supreme Court ruled that Christianity is part of the common law of Pennsylvania.
- In People v. Ruggles (1811), the New York Supreme Court ruled that Christianity is the foundation of American morality and that reviling it would be considered a gross violation of decency and good order.
- In Vidal v. Girard's Executors (1944), the US Supreme Court noted that Christianity is part of the common law of Pennsylvania.
American Life and Christian Influence
- Oaths and prayers are commonly used in American life, reflecting a Christian influence.
- The observance of the Sabbath is widely recognized, with many businesses and government offices closing on Sundays.
- Charitable organizations, missionary associations, and churches are abundant in American society, further reflecting a Christian influence.
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Description
This quiz covers the Act of February 26, 1880, which prohibits the importation and migration of foreigners under contract to perform labor in the US. Test your knowledge on the application of this law to contracts between aliens and religious societies.
