Los Angeles daily herald., 1889-05-14
FROM WASHINGTON.
The Scott Exclusion Act is
Found to Exclude.
CHAE PING HEAP MUCH LEFT.
Chief Engineer Melville Admits that
the Woody West" Can Build
War Ship.
Associated Press Dispatches to the HERALD

WASHINGTON, MAY l0s-luo OupIcluc
Court to-day rendered an opinion in the
case OF Chae Chang Ping, appellant, vs
Collector OF the Port of San Francisco.
This is suit brought to test the consti
tutionality of the Scott Chinese Exclusion
Act. Shortly after the Chinese Exclusion
Act went into effect, Chae Chang Ping
returned to the United States from China
and endeavored to secure entrance at the
port of San Francisco, He left this
country armed with certificate emitting
him to return, but the certificate was de-
clared invalid by the Scott act. The
Collector refused him admittance, and
suit was then brought in the United
States Coult for the District OF California
to test the constitutionalty of the Scott
act, in accordance with the provisions OF
the act under which the Collector acted.
The California courts upheld the con-
stitutionality of the act, and from this
decision the case came here on appeal.
This court affirms that Judgment. Ii
holds that Congress has power to alb
rogate treaty, and in support of that
view cites authorities of courts upon
the subject, holding that the propriety OF
such action is not matter for judicial
cognizance, but that it is matter for
the political department. Congress, it
saye, has power to exclude aliens from
the country whose presence is deemed
inimical to our interests.
In considering the case, Justice Field
traverse ed a considerable length of the
general character of the treaties between
the two countries, and the legislation Of
Congress to carry them into effect.
The opinion proceeds: "As the Chi
nese grew in numbers each year, the
people Of the Pacific Coast saw, or be-
lieved they saw, in the facility of immi.
grafton, and in the crowded millions OF
China, where the population presses
upon the means Of subsistence, great
danger that, at no distant day, that per-
ton of our country would be overrun by
them unless prompt action were taken
to restrict immigration. The people
there accordingly petitioned earnestly
for protective legislation.
Here is rehearsed the treaty and legis-
lative history of the Chinese question,
ending with the Scott act. As to the
objection that the act is in conflict with
tICuplCS3 tuCcPiotO IL
"It must be conceded that the act Of
1888 is in contravention of the express
stipulation of the treaty of 1865
and of the supplemental treaty Of
1880, but it is not, on that
account, invalid or to be restricted
in its enforcement. The treaties were
CT no greater legal obligation than the
act of Congress. BY the constitution,
laws made in pursuance thereof and
treaties made under authority of the
United States are both declared to be
the supreme law of the land and no par
amount authority is given to one over
the other. The last expression OF
the sovereign will must control.
1t will not be presumed that
the Legislative Department of the
Government will 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 discharging their stipula.
tions, but demand, in the interest of the
country, that it should do 80, there can
be no question. The question whether
our Government is justified in disregard
ing it's engagements with another Nation
ia not one for the determination OF the
courts"
Continuing, the opinion discusses en-
other branch of the subject as follows
"There being nothing in the treaty be-
tween China and the United States to
impair the validity OF the act of Congress
of October J., 1888, was it, on any other
ground, beyond the competency Of Con-
gress to pass it?
If SO, it must be because it was not
within the power of Congress to prohibit
Chinese laboiers who had at the time
departed from the United States or should
subsequently, depart, from returning to
the United States. These laborers are
not citizens of the United States, they
are aliens that the Government of
the United States, through the action
OF its legislative departme nt, can exclude
as aliens from its territory. This is
proposition which we do not think open
to controversy. The existence of war
would render the necessity of such a
process only more obvious and pressing.
The same necessity in q less pressing
degree may arise when war does not ex-
list, and the same authority which ad.
judges the necessity in the one case,
must determine it in another. In both
cases its determination is conclusive
upon judiciary grounds. If the govern
ment of a country from which its SUBJ
jects as foreigners are excluded is dissat-
Istied with this action, it can make COM
plant to the executive head of our gov
eminent or resort to any other measure
which, in it's judgment, its interests or
dignity may demand, and there lies its
only remedy. The power of the govern
ment to exclude foreigners from
the country, wherever and whenever, in
it's judgment, the public interests require
such exclusion, has been asserted in re-
peated instances and never denied by the
executive or legislative departments.
In conclusion, the opinion says: "The
power of the exclusion of foreigners be- |
ing an incident of sovereignty belonging
to the United States, as part of those
sovereign powers, delegated by constitu.
tional right to its exercise at any time |
when, in the judgment of the Govern
ment, the interests OF the country re-
quire it, cannot be granted away or re-
strained on tehalf of any one. The powers
Of the government are delegated in trust |
to the United States, land are incapable of |
transfer to any other parties. They
cannot be abandoned or surrendered, nor
can their exercise be hampered, when
needed for the public good, by any con-
5ideration of private interest. The exer-
else of their public trusts is not
The subject of barter or contract. What
aver license, therefore, the Chinese la.
oorers may have obtained, previous to
he act of October l, 1888, to return to the
United States, after their departure, is
4 4 l. 81 L