Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-08-20
A CHINESE CASE.


The borough of Oakland, California
attempted short cut on John China
man. The Council passed an ordi
nance preventing the settlement Of Q
Chinaman within the borough limits
and ordered all then living therein tc
leave within six months. A case was
made up and taken before the United
States District Court, where Justice
Field delivered lengthy opinion
against the municipal authorities, and
in 1t we find some wholesome doctrines
laid down which the many should un'
derstand. The Judge, among other
things, SAID:
ave are aware Of the general feel
ing-amounting to positive hostility
prevailing in California against the
Chinese, which would prevent their
further immigration hither and expel
from the State those already here.
Their dissimilarity in physical charac.
teristics, in language, manners and re-
ligion, wonld seem, from past expert
ence, TO prevent the possibility of their
assimilation with our people. And
thoughtful persons, looking at the mill
ions which crowd the opposite shores
OF the Pacific, and the possibility at no
distant day of their pouring over in
vast hordes among us, giving rise to
fierce antagonisms of race, hope that
some way may be devised to prevent
their further immigration. We feel
the force and Importance of these con-
siderations but the remedy for the ap.
pretended evil is to be sought from
the general Government, where, ex-
cept in certain special cases, all power
over the subject lies. To that Gov
ernment belongs exclusively the treaty
making power and the power to regu.
late commerce with foreign nations,
which includes intercourse as well as
traffic, and, with the exceptions pres
entity mentioned, the power 10 pre-
scribe the conditions of immigration or
importation of persons. The State in
these particulars, with the exceptions
mentioned is powerless, and nothing
is gained by the attempted assertion
OF control which can never be ad.
mitted. The State may exclude from
its limits paupers and convicts of other
countries, persons incurably diseased,
and others likely 10 become a burden
upon its resources. 1t may, perhaps,
also exclude persons whose presence
would be dangerous to its established
institutions. But there its power ends.
Whatever is done by way Of exclusion
beyond this must come from the gen.
eral Government. That Government
alone can determine what aliens shall
be permitted to land within the Uni
ted States, and upon what conditions
they shall be permitted to remain
whether they shall be restricted in
business transactions to such as ap.
pertain to foreign commerce, as is
practically the case with our people in
China, or whether they shall be al
lowed to engage in all pursuits equal
ly with citizens. For restrictions nee
essary or desirable in these matters,
the appeal must be made to the gen.
eral Government; and it is not be-
lieved that the appeal will ultimately
be disregarded. Be that as it may,
nothing will be accomplished in that
direction by hostile and spiteful legis-
lation on the part Of the State, or Of
its municipal bodies, like that of the
ordinance in question - legislation
which is unworthy of a brave and
manly people. Against such legisla-
tion il will always be the duty of the
Judiciary to state and enforce the par
amount law Of the nation"