Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1876-06-10
CORRESPONDENCE OF THE DAILY APPEAL
WASHINGTON, D. c., JUNE l, 1876.

WASHINGTON, u. o., JUNE l, 1o'o'
Mr.. Editor:-On this bright, clear
June morning the temptation is great
to take to the streets and stroll into
pleasant parks and listen to the pat
ter of fountains, the chatter of child
rem and the clipper of birds. sitting
and musing in shady places IN the
enjoyment of an easeful idieness; but
with high resolve, born of sense
of duty, 1 scat myselffor a forenoon's
excursion into the midst of that part
of the Chinese question which IS
treated of by Mr.. Justice Field OF
the U. S. Supreme Court. in his ella
borate opinion upon 1.-the power OF
the State to exclude foreigners from
its limits and to prevent their land
ing on account of the immortality OF
their past lives" This is an opinion
delivered Sept. -, 1874, in the case
of All Fong, Chinese woman
brought before the Circuit Court OF
the United States for the District OF
California on O writ of habeas corpus,
To condense the very clear and ex-
plicit statement of the case made by
Judge Field, and to remind the read
ers of the APPEAL of the outlines OF
the same, 1 will state that this Chi
nese woman who arrived ut San
Francisco in August "a, 1871, on the
Pacific Nail steamship Japan was,
with others who arrived at the same
time, prevented from landing by the
Commissioner of Immigration and
orjered to be detained on board Of
said ship until said time as the ship
master or owner should give bonds
as required by statute for the pro
lection OF the State against lewd and
| Jebauched women-she being arbl-
trarily classified as a woman OF that
vicious character. Being thus de
tanned these women there were sew
eral of !hon,l made application to
the District Court for a writ OF
habeas corpus, which application
was granted. After hearing the
case. the Court determined that the
detention was lawful, and the women
were remanded into custody-the de-
cision being that they were lewd and
debsuched and therefore amenable
to the statute, which was held valid.
The case was then taken to the SUI
preme Court of the State, which tri-
bunal affirmed the opinion OF the
Court below. Having thus failed to
find relief in the State Courts the
petitioner invoked the aid OF the Z.
$. Circuit Court. and it sat, in full
bench, Mr.. Justice Field presiding,
with the result, as is well known, OF
decision against the validity of the
statute and the discharge Of the wo-
man from custody. In opening his
decision Judge Field says;
The decision Of the District Court,
and the Supreme Court OF the State,
although entitled to great respect and
consideration from the acknowledged
ability and learning Of their Judges, is
not binding upon this Court. The pc
titiouer bsing an alien, and subject
Of a country having treaty relations with
the Government of the United States,
has a right to invoke the aid OK the Fed
sral tribunals for her protection. when
her rights, guaranteed by the Treaty, or
any law of Congress, are n any respect
inys led: and is, OF course. entitled to a
hearing upon any allegation IN proper
form that her rights are thus Invaded.
Tho character OF the statute being
recited. the Judge comments rs fol
lows:
The provisions of this section are OF
yerv extraordinary character. They
make no distinction between the deaf,
tue dumb, the blind, Inc crippled and
inGrm. who are poor and dependent,
and those VINO age able to support then
| selves and are III possession of weali n
and all its appliances. II they are Rot
accompanied by relations, both able aud
willing to support Them, they are pro
Eibited from lsuding withiu the State,
unless specified bond IS given, rot by
them or such competent s:reties IA they
may obtain, but by lac owner, master
OK consignee Of the vessel. Neither dc
the provisions of the statute make any
distinction between Il present pauper,
and one who has been pauper, but
has ceased to be such. If the enigi AIT
has ever been with the unfortunate class,
notwithstanding he may have at the
time ample means at his command, Lie
must obtain the designated bond OF be
excluded from the State. They subject
, also to the same condition, and possible
exclusion, the passenger whose sickness
or disease has been contracted on the
passage, as we'll as the passengers who
are sick or diseased on his departure
from the foreign port. 1t matters not
that tine sickness may have been pro-
duced by exertions for tho safety of the
|, ship or passengers, or by attentions to
their wants of health. If he is likely on