Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-05-26
LOCAL INTELLIGENCE.
THE CHINESE SLAVE CASES.
The U. s. District Court Releases the
Defendants on Habeas Corpus.

The U. s. District Court Releases the
Defendants on Habeas Corpus.
John T. Carey, of counsel for Lee All
Dot and You Gin, who were held to answer
by United States Commissioner Bugbey to
the Circuit Court of the United States, on
yesterday sued out writ of habeas corpus
in the United States District Court. and
upon the hearing thereof the prisoners
were discharged. Judge Sabin sat with
Judge Hoffman on the hearing of the case
The points raised by counsel for petitioners
were that it was not an offense against the
laws of the United States for a person n
bring Chinese women into the United
States from China as sldUes and
hold them as such or purchase
them as such in the United States,
Tor two reasons First that Chinese are
not colored persons within the meaning OF
Section 1917 of the Revised Statutes; and
second, that in so far as Section 5377 recog-
nlzes the institution of slavery in the
United States, 1t is unconstitutional. and
was repealed by the Thirteenth Amend
ment to the Constitution, and that it is now
an impossible crime to hold or sell anyone
INTO bondage or slavery, because there is no
such legal relation.
Judge Hoffman delivered the opinion OF
the Court, and Judge Sabin a concurring
opinion, holding that the section referred
only to Philippians or Africans mixed
ana unmlXed, and their descendants,
ana that by no rule of construc-
ton could it be applied to Chinese.
and that, independent of its direct object
TO prevent and etfectually stop the traffic OF
African slavery, the word colored could not
be construed 10 mean Chinese or include
them, because the history of this country
and the races in our land considered it had
well-defned and limited meaning. and
IN the common phraseology OF the coun-
try, always meant the African, mixed or
unmixed, or his descendants That, as to
the second point, it must be held good, be-
cause, to constitute the crime, the person
must be brought into and disposed of or
held as slave in the United States. But
this IS impossible, because slavery
is illegal, and the moment the
holder or master brings his slave into
the United States, by reason of the law he
IS at once freeman, and can assert his lib
erty. 1t IS an impossible crime under the
law OF the land. Judge Hoffman stated
that he had consulted with Judge SAWYER
upon the question involved, and that he
fully concurs with these views.
The following is the section of the Re
vlsed Statutes referred TO above. and it NAV
be stated that Commissioner Bugbey has
held that Chinese were "colored," on the
strength of the decision in the case of the
People VS. Hunt, Cal, page 399:
Section 1917. Every person who brings within
the jurisdiction of the United States, in any
manner whatsoever, any negro mulatto OF
person of color, from any foreign kingdom OF
country or from sea, or holds, sells or otherwise
disposes of, any negro, mulatto, or person OF
color. so brought in, as a slave or 10 be held &c
service or labor, shall be fined not more than
sioV nor less than $1,000, one half TO the use
of the United States and the other half 10 tho
use of the party who prosecutes the Indictment
to effect; and, moreover, shall suffer imprison
ment at hard labor not more than seven years
nor less than three wears