The New York herald., 1876-01-14
THE RIGHT OF ASYLUM.


FoRNIA INTENDED TO CHECK CHINESE M
MIGRATION DISCUSSED BEFORE THE SUPREME
coURr-FEDERAL LAW FAvoRING THE IMPoR-
TATIoN OF THE SOCIAL EVIL.
WASHINGTON, Jan. Is, 1876
The Supreme Court to-day heard the case OF Cny
Lung, from the Superior Court OF California
involving the question Of the consttutionaty OF the
law of California, requiring the master owner or con-
sgnee of any vessel bringing immigrants into the
State who are lunatics idiots, deaf, dumb, blind
crippled and indrm, not accompanied by re-
sponsible relatives willing to support them, or
who convicted criminals, or debauched or
lewd women give bond OF $500 that they shall not
in any become a charge upon tho State within
two years OF their arrival Chy Lung was one of
twenty two Chinese women brought to San Francisco
by the steamer Japan OF the Pacific Mail line and is
retained in custody in tho absence OF the required bond
and understood for the purpose OF case 10 test
the law, the other women being discharged upon writ
of habeas corpus by Judge Field OF the Federal Cir.
cult Court, who held the law to be void
PROVISIONS.
Attorney General Picrrepont submits that as the
plaintiff the subject OF foreign government having
treaty relations with the United States, the federal
courts have jurisdiction, and argues great length
that the State law unconstitutional as being in con
Powers and therefore an attempt to
regulate commerce between the United
States and foreign nations Under the law no contends
that passenger from Great Britain France Germany
China being subject OF either Of those countries
though ever rich or exalted in character or rank
and though accompanied by retinue OF servants
may be excluded unless the bond is given, il he
happens to be intrm crippled, unless ACCOMPANIED
by relatives, &c or II he happens have been con.
cted OF the political offence OF trying TO aid his
trymen IN establishing a constitutional govern.
ment, or the passenger Is woman, and
she lewd although she has never
known sexual intercourse, sho is
debauched either by drunkenness or gluttony or DO
itical intrgues or in any other way she be ex-
cuded. An English hobleman, OF great riches and
nown, but crippled in the Crmean war, must remain
away, unless prepared to have such a bond made
and The Commissioners OF Emigration
Is ewd no matter what her relations even though the
wife Of an English diplomat that another woman Is
dobauched being the wife OF French actor, he must
take the same course with them which taken with
Chy Lung and her associates, and the same action
would deprive the person convicted OF the political
offence nstanced Of the right Of asylum
THE LExIcoGRAPHER m.
The Attorney General quotes largely from Webster
10 show that TO be lewd is not necessarily
chaste as regards the intercourse OF the sexes
Hence, he says, under this statute, a German,
French, English or Irish girl coming by vessel
70 California can be excluded from landing though
chase as the Virgin devout Ursula and there is
no evidence in the records that the plaintiff
lewd ever debauched, unless It is lewd and de-
bauched to be unlearned or OF the humber class
The right TO exclude Chinese women cannot be main
tanned under the police power oc the State Bal
let and other theatrical exhibitions are prohibited
several OF the States, but II French ballet dancer
actress should desire visit any those states she
could not be prevented from landing at the ports by
any State statute, the ground that the law
within the police power Of the State. Such law would
be inconsistent with treaty with France, contrary
well established principles OF commercial intercourse
and void The same rule applies n this case.
Stair POLIcR POWER LIMITED
The doctrine Of the right OF a State exclude from
lis limits any person whom IL might deem injurious TO
the interests OF lts people declared by Chief Justice
Ianey IN his dissenting opinion in the passenger cases.
would not be tolerated by federal court The
police power OF State is limited and cannot be invoked
the lawful authority OF the federal gov
ernment disturb those well established principles
when govern the Intercourse OF nations.
SHOULD California become Mormon State,
clude Gentles, laws TO tnat end would be void.
Where the execution Of law Is 10 affect treaty rela
tons single state Of the Union s the sole judge Of
what laws may DC passed Tor its own security. The
right OF sefdefcnce Is conceded 10 every State but
nj. justice Sroen says va me passenger Cases tne
powers used Tor sefdeence aud protection
against harm cannot be perverted into weapons Of
offence and aggression upon the rights Of others.
Again, the charge imposed by California statutes a
the Chinese women amounts 10 exclusion Of immi-
grants or visitors, while a Mexican woman OF the
same class arriving by rail or otherwise than
by vessel is exempt There distinction
made In violation Of the laws OF Congress and OF the
fourteenth amendment 10 the constitution providing
among other things, that State shall deny TO any
person within ita jurisdiction the equal protection Of
the laws
Mr. Goold for the State controverts these no,pts
and MAINTAINS the theory of the Court that tho
law is within the proper definition OF the police powers
OF the state and, therefore, valid with this case s
heard the case OF John aud Thomas Henderson W.
Mayor Wickhafn aud the Commissioners OF Emigration
Of Ne. York involving The same question,
under similar statute Of New YORK The
case comes from the Circuit Court OF the
United States for tho Southern district OF
New York, where the law was also held valid on de-
murrcr, and the complaint dismissed II IA here
maintained that TO be treated precisely a. n bad
imposed TAX on alien passengers and tor this reason
aud those set forth the previous by Attorney
General " cannot be sustained William G whitney,
corporation Counsel and Senator Herman tor tho city
Of New York; John r. Deven tor the Com mission era
OF emigration; James K hoth Nicon aud rhurston Tor
the aDpellanls