The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1870-07-15
The Chinese Question.
NUMBER THREE.

NUMBER THREE.
In our last article upon this question; we
sough. to demonstrate that under the law
~ 1t now exists, the Territory has full con-
troll over the subject of s'ienageas disquali
fcation for holding real estate. We then
promised in future article IN point out a
practical plan by which this power of the
Territory can he exercised to the benefit of
tie people.
To briefly outline such plan Is the pur-
pose Of this article, promising that the plan
herein submitted Is merely an outline, and
only designed to call forth suggestions of a
better one
1t will bc obvious at 4 glance, that the
greatest evil attending any attempt by the
Territory to enforce the Common Law rule
upon the subject Of alienage, will be the
danger Of Congressional interference by
snnuliing the law. If law should be
passed which would, In effect, confscate
without compensation the property which
the Chinese have heretofore acquired In good
faith, and in the absence Of any prohibitory
legislation, Such law would doubtless be
xnuulled, and We think properly. However
much we mny deplore tile foothOad which
they have already acquired in the Territory.
still tho fact remains that they came among
us without hsing warned by any competent
authority, and have, under these circum'
stances, acquired large amount of landed
property, in every instance, 80 far as we are
informed, Ivy purchase. To attempt to d..
vest them of this property, simply because
we have the legal power to do 50, would be
IN oct of deliberate outrage, and would
certainly ard properly entail upon ourselves
Che humiliation Of defeat
The amount CT mining ground aud other
real estate which has already passed into
the Lands of tho Chinese, although large, is
still inconsiderable as compared with the
total amount of occupied land In the Terri.
tory. The heavy financial agents of the
Ave companies have only this year made
their appearance amongst Us, armed with
sufficient funds ~ buy up whole mining
camp at single purchase. The evils which
we have cause 10 dread, lie mostly in the
future. Hence legislation should bc direct
cd to prevention rather than cure, leaving
the Chinese in possession of landed property
already acquired, but sternly forbidding
any future acquisitions.
Such course would be at once generous
and just; would have the merit of avoid
ing any intricate legal questions; would
cause . cheerful acquiescence by all classes
Of our own people, aud above oil, would
remove altogether, Or rtduce 70 It's mini
mum, the danger Of Congressional inter-
fcrcEcc. III
Assuming then that both justice an.
sound policy require that any action that
wo may take should be directed against fu-
&ure acquisition of real estate, by aliens, the
question recurs a. to what is the most proper
course to pursue. We answer Mat tho Ter.
ritory shou!d authorize tie miners BY Hca'
v<gulatioas to prohibit aliens .Jsv~ acquiring
mining ground either BY pre- e"'ptio" or pur'
chase ~
Tie idea is prevalent among the miners
on the Pacific coast, that . mining popu;a.
ton, by virtue OF some inherent right, (dif.
fcrcnt from and superior to the rights Of
other citizens), have tho power to make
mining regulations u suit themselves, and
Of any character which they may choose.
Those who hold TO this view, contend that
tie miners already have power to make the
prohibitions. We feel confident, however,
that tAis is an error. If we arc right in our
position that no one but the Government
can take advantage Of the legal disability of
IN alien to hold real estate, il 10 clear that
tho miners cannot make such prohibition,
unless duly authorized to do SO by the Gov
eminent. In M,o the miners derive all Of
their power TO establish local customs, or
rules for the government Of mines, from the
statutes Of the State or Territory within
which the mining district is situated. In
every instance the statutory grant Of power
IL the mipcrs to establish these local
rules, is limited by the provision that such
rules shall not be contrary to law. Tho law
Of Montana being that no ono but the Ter
ritory eau take advantage of aiiensge - q
disability to hold real estate, It 10 clear a
mining rule attempting to take this advan.
tsge, would he in conflict with the Terri.
torial Law, and hence void. We thus Gee
that the miners cannot afford any relief, IL
this way, unless duly authorized by Terri.
torial enactment.
Such remedy . tho ahovc, however,
although good ~ to the extent 70 which y
could bc applied, would he clearly made.
auats 10 meet the grDwiug evil Of Chinese
monopoly. for tho ressep tkat but few Of
the mining Comps would, in their laws,
mako any provision ppon the subject
through psgllSsnce. snd tsom desire o.
the part Of many Of tho miners to Speculate
upon the Chinese by the sale Of undevs;pped
xrpupd. Besides Il b feet p " noted thAl
lew changes except concerning representa-
tion. and the laying overof mining ground,