The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1869-09-25
THE ELKO INDEPENDENT.
SATURDAY. SEPTEMBER .s. 1860.
Have They Drawn an ElephantI

on the Issue Of excluding Chinese emigration
from that State, much speculation has beer
INDUCED in as to the probable course that viii
be pursued to accomplish that end. Our Re
publican friends, who regard Federal author
ity as supreme in all things and the States
as mere dependencies or subordinate parts OF
the whole, are in part consoled for their crush.
ing defeat in the conviction that the Democ-
racy have drawn an elephant which they will
find exceedingly difficult of management.
They argue that no State law can be enacted
looking to the exclusion of Chinese enigra hon
which would not come in conflict with our
treaty stipulations with that people; in which
event our statutes would go to the wall AMI
be rendered nullity and the State would not
dare attempt TO enforce them. Without stop
ping to inquire at this, time as 20 the sound
ness of their positions when seen from a
Democratic standpoint, or knowing what
course the Democracy Of that State propose
to follow, We would respectfully tender them
word of friendly counsel by which the issue
presented may be avoided. Whatever may
be the constitutional or lawful barriers exist
ing i'll our governmental system again st the
nese emigration from our country, We are GER
tain that there are no impediments in the way
of the enforcement of law TO prevent the
expectation of dead Cinnamon from CnIiEor-
mia or any other one of the Pacific States.
Now, Us every contract made with Chinese en-
igrants to bring them to this country con-
tains specific stipulation that they are to
be returned dead or alive to their native land.
and without which no contract could be made
with them, n single statute, which would
prevent the removal of their dead bodies
from our country, would be more effectual in
excluding them than Chinese wall. Let il
be made penal offence by statute to disturb
the remains of the dead after burial, or to at
tempt to carry away from our shores the NOR
tai remains of one of that people, and the
good work of excluding them is accomplished.
Let the fact once be certainly and definitely
known in the Flowery Kingdom that the State
OF California has law on her statute books
which imposes heavy penalty upon all at
tempts to carry back those who have died, that
they may repose in the ancestral burying
ground, and no contract could be made to
take them from their native land. Their love
of country, family ties, and traditional vene-
ration for an unbroken ancestral line in the
family burying ground, which they supersti-
tiously believe is essential to the rcpose and
happiness of departed spirits, would effectunl-
ly and completely terminate and turn back
the tide of emigration setting toward our
shores; no father would ever consent that his
son should go upon a voyage to the new
world, when he was advised of the fact that
if that son should die abroad his remains
would have to remain in an alien land; rs his
absence from the sacred fold would break the
family link that binds the past, the present
and the future in one harmonious whole, and
thus disturb the calm repose of sleeping gen.
erations that had gone before no mother
would consent that her daughter, no brother
would consent that q brother, should 90 out
upon the perilous voyage, who in the event
of death abroad would put in peril the happi-
ness of long lines of kindred spirits who how
or about the mansion Of the family dead 1t
being entirely satisfactory to our mind that
the Chinese would not come to our shores in
the presence of such n law; it ONLY re-
mains to inquire as to whether the State could
80 enact without coming in conflict with some
Federal statute or plain principle of common
law which it would be bound to recognize and
obey; and in this We are satisfied there could
arise no possible constitutional or legal obiec-
ton to the enactment of such a law but on
the other hand all the Prescriptions of law
are on the other side. The presumption of
law il, that when man is dead all his civil
and political rights go into the gave with his
mortal remains. "Dust thou art, and unto
dust thou shalt return" When the body.
which by the agency of death has been diyest-
ed of all civil and political rights, has turned
to common dust, it becomes part of the re-
atty and cannot lawfully be detached and re-
moved without the consent of the owner of
the soil of which it has become n part. A law
OF the State then to prevent trespass upon
the property of citizen would simply be in
aid Of the common law of the land, which
makes every citizens house a castle and every
mans private lands sacred from the intrusion
OF strangers without the consent of the
owner. Let the law he so framed that every
man who gets n dead ChinaInan mixed with
his soil viii have clear fee simple title To his
carcass, bones and all, and provide a heavy
penalty for oil attempts to rob him of this
class Of property, and the thing is done and
we may bid John y long and final forovoll.
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ARIZONA M1SEs.-A correspondent writing
from Arznnn. saya that a.. 4 progpnt thn ,,r,g-