The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-14
THE LAW IS CONSTITUTIONAL.
The Supreme Court so Decides the Scott Eyclu-
sion Act.

WASHINGTON, May f3.-The supreme
court today rendered an opinion in the
case OF Chae Chang Ping, appellant, versus
the collector of the port OF San Francisco
This is suit brought to test the consti-
nationality of the Scott Chinese exclusion
act Shortly after the Scott exclusion act
went into effect, Chae Chang Ping returned
10 the United States from China and en-
deavored to secure entrance at the port of
San Francisco. He left this country
armed with a certificate emitting him to
return, but the certificate was declared in
valid by the Scott act. The collector re
fused him admittance and suit was then
brought in the United States courts for the
district of California to test the cOnstitu-
tionality Of the Scott act, in accordance
with the provisions of which the collector
acted. The California courts upheld the
constitutionality of the act, and from this
decision the case comes here on appeal.
The court affirms that judgment.
1t holds that Congress has power to alb
rogate treaty, and in support OF that view
cites the authorities of courts on the sub
ject, holding that the propriety of such an
action is not a matter for judicial cogniz-
ance, but that it is matter for the politi-
cal department. Congress, it says, has
power to exclude all those from the coun-
try whose presence is deemed inimical to
our interests.
In considering the case Justice Field
traversed at considerable length the general
characters of treaties between the two
countries and the legislation of Congress to
carry them into effect. The opinion pro-
ceeds: ''AS the Chinese grew in number
each year the people of the Pacific coast
saw or believed they saw in the facility of
immigration and in the crowded millions of
China, whose population presses upon the
means of subsistence a great dan
ger that at no distant Gay that
portion Of our country would be overrun
by them unless prompt action were taken
to restrict them. The people there accord
ingly petitioned earnestly for protective
legislation Here is rehearsed the treaty
and legislative history on the Chinese ques-
ton, ending with the Scott act AS to the
object of that act and is it in conflict with
the treaties, the Opinion says: sit must be
conceded that the act of the United States
of 1888, is in contravention of an express
stipulation of the 1868 treaty and of the
supplemental treaty of 1880, but it is not
one that could be invalid or to be restricted
in its enforcement.
1.-THE treaties were of no greater obliga-
ton than the act of Congress. By the con
stitution and the laws made in pursuance
thereof, and the treaties made under the
authority of the United States, are both
declared to be the supreme law of the land,
and no paramount a lthority is given to one
over another. The last expression of the
sovereign will must control. 1t will not be
presumed that the legislative department
viii lightly pass laws which are in conflict
with the treaties of the country, but that
circumstances may arise which would not
only Justify the government in disregard
ing their stipulatiOns, but demanding in
the interest of the country that it should
do SO.
There can be no question if our govern
mentis justified in disregarding our agree
ments with another country. 1t is not for
the courts to decide"
Continuing, the olinion discusses another
branch of the subject, as follows: "There
has teen nothing in the treaty between the
United States and China to impair the
validity of the act of Congress of 1888.
Was it ol any other ground beyond the
competency of Congress TO pass it! If so,
it must be so, because il was not without
the power of Congress to prohibit
Chinese laborers who had at times
departed from the United States,
or should subsequently depart from return
ing to the United States. These laborers
are not citizens Of the Unit I'd States; they
are aliens. That the government of the
United States, through the action OF the
legislative department. can exclude aliens
from its territory is a proposition which
we do not think open 10 controversy.