The Daily Astorian. [volume] (Astoria, Or.) 1876-1883, 1883-08-28
The Letter KilIeth; the Spirit
GiYeth Life.

that Chinese coming from Hong
Kong are not Chinese: that all
our efforts to keep out those fell
lows are unavailing, and all that a
Chinaman who wants TO eyade the
law has TO do is TO pass through
Hong Kong. 1t is just like what
a Massachusetts Judge would do,
but it can not be assailed. Judge
Nelson, in making that decision
has simply passed upon the letter
of the law, and ignored its spirit.
His decision finds justification in
a strict construction Of the law.
On the 9th of May, 1882, con-
gress passed an act over the presi-
dents veto; this act prohibited
Cinnamon from coming here for
ten years. That act was passed
in pursuance of treaty concluded
with China resembling so much of
a previous treaty as allowed IN
limited immigration Of these peo-
pie. Congress set up that rule
because the Chinaman is a forager
instead of settler; because, as the
Bulletin says, he is wholly and
absolutely unassimilable; because
he has been Introducing new and
ruinous vices among our people;
because smallpox and leprosy, in
separable from his low state Of
civilization, follow him wherever
he goes; because he drains
the country of its wealth in
stead of adding to it; be-
cause be degrades labor by set
ting up the Asiatic standard; be-
cause generally he is held to SER
vice and is not a freeman; and be-
cause he is polygamist without
suspicion of moral wrong. Two
Judges of the Circuit Court of the
United States in Massachusetts,
have been found who maintain
that the Cbinamen sheds all these
undesirable characteristics, prac-
tices and tendencies by passing
through the little English colony
OF Hongkong, situate at the
mouth of the estuary which leads
to Canton, and, in some places, not
more than half mile distant from
the main land. This little island
is English, in the official sense,
but nothing more. The greater
part of its commerce isin the hands
of Chinese merchants, who have
founded houses there 10 escape
what is known as the Mandarin
squeeze" at home. The pop
ulation in 1871 WAS 124,I94, most
ly Chinese.
The Massachusetts Judges hold
that streaming through that little
gateway, SO to sneak-which, by
the way, he must in any event
seek for shipping TO this country
the Chinaman becomes another
individual altogether, looses his
vices, is stripped Of his hereditary
tendency to contagious diseases,
and is altogether lovely and de-
sirable addition to our population.
Instances of what is known as
Judge-made law are quite COM
mon in this country. That is the
kind Of law we get when Judge
thus legislates. Congress had no
idea of making any such Law as
the Massachusetts Judges have
discovered. 1t had too much hard
common sense to set up an excep-
tion that would be certain to de-
stroy the rule. If the Chinaman
from Hongkong is to be admitted.
how is the Cantonese to be sepa-
rated from him? The judicial leg
islation to which reference has been
made, is displayed more frequent
ly in the Judiciary which, holding
office for life, lives in the atmos-
phere of the clubs, imbibes the
notions of the pseudo-aristocrats,
and in time becomes wholly sepa-
rated from the people, their wants
and necessities. Unfortunately
there is a decision of the circuit
court OF this state which furnishes
a foundation in part for the Massa-
chusetts notification, now under
consideration. Perhaps no act was
ever passed which has produced
more unedifying spectacles, legal
and official, than the Exclusion
act. The secretary OF the treas
ury in connection with it allowed
himself IN ba rarnrSas L.. -