Los Angeles daily herald., 1889-04-05
Chae chan ping,

The argument of the Messrs. stephen
M. White and John f. Swift in the ap-
peal of Chae Chan Ping against being
excluded from the United States under
the Scott Exclusion Act is a compact and
convincing document of sixteen pages.
There is sentimental argument which
could be made in favor of a Ohinamsn
coming back to the United States
with a return certificate that has
a great deal of force. II Is
also perhaps true that on the point
of international comfy it would in ordi-
nary cases be wise to allow force to
punctilio of honor, but there has been 30
much evasion of the letter and spirit OF
the Chinese Restriction act that the ulti-
mate rights Of g nation have been proper
lv imported into this question, and the
United States has availed itself of its
supreme power as nation to exclude
Ping.
The eminent gentlemen who represent
California in this action GO very properly
to the true ground on which the Scott
act stands-the right of any sovereign
nation to expel or keep out aliens. This
view OF the matter is stated very forcibly
in the following passage:
1t would be curious and most illogical
adjudication of the law to hold that the
alien respondent Chae Chan Ping
could, in spite of the act Of
Congress of 1888, land in the
United States, in view of the fact, which
it is futile to deny, that the same Con-
gress could have passed at the same ses-
sion an act requiring him, in common
with any or all other aliens, to depart with
or without notice or in time given, or
peremptorily, and to have him, as an
alien. finally thrust across the frontier
and expelled, if necessary. The greater
power must surely include the lesser. If
he could be sent away after coming, he
can be kept out.
incidentally the argument in the old
Alien and Seoition Laws of John Adams
is reviewed, and the ground is taken
that, under the development is OF the last
twenty-five years, those laws would be
held constitutional. The great objection
to thos bigoted laws was their lack oi
wisdom and their intolerance to assimi
lative alien immigration. These argu.
ments certainly do not apply to the ex'
clusion of the REPRESENTATIVE Chinamar
who to-day declines to allow an alien tc
penetrate to the interior of his country.
The Messrs. White and Swift state the
case of Chae Chan Ping very forcibly and
clearly in the subioined extracts:
True, that the so-called right of expa
triation embodied in the Burlingame
treaty has been adopted in the Revised
Statutes of the United States, and, as to
ton, must bind this court in a proper
case. But by the acts OF 1882 and 1884
all Chinese laborers, save very limited
class, were excluded from the rule, which
exclusion this act of October 1, 1888, ex.
tended to Chae Chan Ping, the appellant,
who is thrown back upon the general
law of nature and nations, and has nc
right to come to this country, except by
consent OF Congress, which he has not
obtained, or by invincible force and arms
which he does not seem to have.
The Constitution and laws of the
United States were adopted for the ben
eft of the people of the United States
Resident aliens have only such absolute
rights as the public Law of Nations Sc
cures to them, which rights are of imper
feet obligation. Nonresident aliens have
no rights at all, save what we choose tt
accord to them.
The questions upon which this case
must turn have been over and over agaiI
passed upon and decided by this Cour
adversely to appellants contentious. l
seems almost superfuous to cite them.
They are arrayed in incontestible forct
in support of the reasoning of Judge
Sawyer, before whom the case was heart
in California.
In the briefs in this case there has beer
a great deal of special pleading, and there
are voluminous citations OF authorities
which will, of course, have their weigh
with the judges, but which will have
very little interest for laymen. In oul
judgement the very essence of the cast
| is involved in these terse sentences, which
occur near the close OF the brief OF Messrs
White and Swift:
What special privileges were conferred
upon Mr.. Ping? Absolutely none. Or
the contrary, he was restrained day aftel
day and session after session; at one
time he might come and go at will with
out certificate, then a certificate wa
made essential, and because Congress
for the time being, saw fit to leave him
portion of the favors which he before en-
joyed, he boldly asserts that the failur,
to take away all these privileges wal
tantamount to solemn compact, bind
ing in his favor. whereby Congress GOV
enanted to never withdraw that which i
might have withheld in the first in
stance.
The Supreme Court will certainly Civ
great satisfaction to the people of the Pa
cifc Coast by rendering decision whicl
will pack Mr.. Chae Chan Ping back t.
the fair land of Cathay, but courts yer.
rarely care much for public sentiment
The decision in the case will be awsitet
with great interest.