The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1883-10-04
THE CHINESE.
Justice Field Decides Against the Right
of Hong Kong Cinnamon to Land
in This Country.
The Question Of Treaties Ignored by
the Decision, Which Is Purely
Judicial.
lSan Francisco TeJegram.l

Justice Field and Judge Sawyer have rem
dered their decision in the habeas corpus
case OF All Lung, who, in his petition, adj
mits being Chinese by race, language and
color, also laborer, but having been born
In Hong Kong. he claimed to be British
subject, and that an such he did not come
under the provisions of tho exclusion act of
May 6, 1881.
Judge Field and Sawyer, in reviewing the
case, find that the answer to the question
depends upon the meaning of the act, and
not upon the Government to which the
petitioner owes allegiance; that it was
not to be presumed that Congress
intended to disregard the requirements
OF the treaty, or to abrogate any OF It's
clauses Whether the treaty has been vio-
lated by one Government in It's legislative
departments SO as to afford proper oc-
casion of complaint by the foreign Govern
ment is not a judicial question to the courts
1t is simply the case of conflicting laws be-
tween the act of May 1882, modifying or
superseding prior treaty. The court then
proceeds reviewing at length causes which
led to the agitation of the Chlnese question,
the appeals from white laborers or all classes
to the Government which resulted in the
supplementary treaty of 1880, and the sub
decision concludes-as follows:
The act of Congress had double pur-
pose. 1t was TO carry out certain treaty
stipuations with China, and also TO exclude
Chinese laborers coming from any part or
the world It's trainers knew, as we all
know, that the island of Hong Kong would
pour Chinese laborers into our country
every year in unnumbered thousands I'M
less they also were covered by re -trict1ve
act SO the act declares in its first section
that during the period OF ten years the COM
ing OF Chinese laborers to the United States,
without any limit alton OF the country from
which they might have come, Is suspended,
and during such suspension IL shall not
be lawful for any Chinese laborer TO
come. or, having come, after expiration OF
ninety days TO remain within the United
States. The second section makes it mis-
demeanor punishable by fine or fmprlson-
men5 or both for the master OF vessel to
knowingly bring into the United States on
his vessel andland or permit TO be landed
any Chinese laborers from any foreign port
or place. The language in these sections Is
sufficiently broad and comprehensive to
embrace all Chinese laborers without regard
to the country of which they may be sub
iects, and the twelfth section declares that
any Chinese person found unlawfully within
the United States shall be removed there
from by direction of the President TO the
country from whence he came
"Our attention has been called TO recent
decision of Judges Lowell and Nelson, or the
Circuit Court of the United States for the
District of Massachusetts,. in which differ
emit conclusion was reached by them Those
Judges considered that the act OF Congress
was simply intended to give effect to the
stipulatrons of the supplementary treaty.
Undoubtedly that was one OF its objects, but
it is very evident, both from the circum-
stances under which it was passed and from
its language, that it had still further OBJ
iect The construction which we give rem
ders all its provisions consistent with each
other The whole purpose OF the law TO ex-
clude Chinese laborers from the State would
be defeated by any other construction
SThe release OF the pris )ner must be de-
MED. and he must be returned to the ship
from which he was taken, and 1t Is so or
dered