Daily Los Angeles herald., 1878-08-16

~@HA via aA&kA9s
We spitomize below the answers
Of General Butler to the six ques-
1lons propounded by Kearney on
the power Of the State to interpose
ohefructions to the domiclliation
ef Chinese:
1. Under the decision Of the Su-
proue Court Of the United States,
and under the treaty, y State can
not by its organic law or legislative
action prevent or hinder the i'm mi.
grafton Of the subjects of the en-
plss OF China.
3. The Fourteenth Amendment
% the Constitution of the United
States applies only to naturalized
and native-born citizens Of the
United States, and therefore any
action taken by virtue of its or
9anlc law by . State against aliens,
especially against the Chinese, will
not conflict with that amendment
70 the Constitution which guards
the rights Of citizens only.
D. Ah VI ORAuAou phetf OAshSi
by the organic law Of q State or by
ordinary legislative act the rights
OF fisheries In its inland waters can
be wholly controlled--so in regard
% licensing to trade and to do bus :
iness-and that aliens may be made
incapable OF sueing or being sued
in the State Courts and deprived Of
other privileges enjoyed by citi-
Gems.
4. I am of the opinion that, under
the decision of o Court, no State can
levy . capitatlon tax upon the sub
jecfs Of the Empire of China as q
condition, precedent to the landing
upon the shores of that part Of the
United States within its limits. At
the same time, I have no doubt
that the taxation Of those who
choose to reside within Its borders,
being aliens and not citizens Of the
United States, is entirely within
the power Of the State.
s. The State may exclude aliens
by laws duly enacted, from occupy
Ing any portion of its territory, or
restricting the manner of their Oc-
cupation; or require them to occu.
py . given portion only Of its terri
tory. A familiar example of the ex-
ercIse Of this power may be found
In sanitary laws. These have al
ways been exercised through the
municipal authorities. II State
can say where, for reasons Of
public health, any portion
Ut its citizens shall reside, and
not otherwise, it is difficult to see
Why, for any other reasons OF pub.
lie policy, State may not exercise
like power. AS for protection
egainst fire communicating from
building to building, there has been
no decision giving the exercise OF
this power, and I know of no limit
to 1t except the legislative will.
The whole question resolves Itself
70 this: That the public policy OF
exclusion must remain with the
Legislature, to be exercised through
such agents as the State chooses Ia
intrust with this portion of its
power.
Sixth and generally. What can
- Etate do 10 protect itself from
this curse?
This might be answered by say
ing. What caunot the State do to
protect itself from O curse? and do
not know what it cannot do, but
the question returns to US, Who is
to determine whether the presence
Of the Chinese is curse? Is there
any higher power to which this
question can be submitted than a
CONSTITUTIONAL Convention CT a
State? I certainly do not know Of
any. Each State must determine
how TO get rid of the curse OF
famine, the curse of incsndiaries,
the curse of crime and the
curse Of Pcstilence, in its
own way, and many de-
cisiens of the Supreme Court upon
most of these questions have sus-
tained the right of the State to deal
with them according to its sOver-
eign will. Each State can send be-
yOnd its borders, so far as the indi
vidusf is concerned, any person OF
persons who are doomed curse, is
did the Puritan fathers the Raptists
and Quakers in the earlier times,
rs do their sons in Massachusetts
with the paupers and criminals
that are sent upon them from
foreign nations. No State can,
against its will, so long as 1t Is in
dependent aud sovereign, be made
the laZar house of the world, or
even OF third of the population
of 1t; nor do l believe that there Is
anything in the Constitution Of
the United States which gives to
the Congress of the United States u
right to pass any law requiring a
State to be such lazar house, and If
there il anything in the Constitu.
tion which gives Congress, COM
posed of three branches, the law
making power, to make such law,
/ cannot find anything in the Con-
stituti0n which gives to the branch
of the executive the right by treaty
TO make 1t the supreme law of the
land that any State shall be the
lazar house Of Asia. Whether the
adjoining territories to California
shall quietly submit to have
the Chinese poured over
upon them, is question
which California must adjust with
Its neighbors, and that question IL
one with which the Cinnamon have
nothing to do. l know of no
civilized nation which has not ex-
ercised the power of deportation of
obnoxious aliens. Certain it is that
England exercised that power in
the case Of Aaron Burr, who was
ordered out of that country, and our
Alien law Of the administration OF
John Adams was an example OF
our exercise of that power by this
country as nation, and while the
wisdom of the law was very much
doubted, / think its constitutions
aIity was, tacitly at least, main-
tained