The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-14

Jurisdiction over its own territory to that
extent is incident to every independent ma
ton. 1t is part of its independence. If it
could not exclude aliens it would be to that
extent subject to control OF another power.
II. therefore, the government of the
United States, through its leg1sla-
tive department, considers the presence
of foreigners of different race in this
country who will not assimilate with its
people, to be dangerous, their exclusion IS
not to be stayed, because at the time there
are no actual hOstjlities with the nation of
which the foreigners are subject The eX-
istence of war would render the necessity
of proceeding only more obvious, and
pressing, the same necessity IN less
pressing degree may arise when war does
not exist, and the same authority which
adjudgeS necessity in one case must deter
mine it in another. In both cases its deter
mination is conclusive upon the judiciary
If the government of the country
of which the foreigners excluded
are subjects is dissatisfied with this
action, it can make complaint to the ex-
ecutive head Of our department, or resort
to any other measures which in its judg-
ment its interests or dignity may demand.
There lies this only remedy-the power
of the government to exclude foreigners
whenever in its Judgment the public in
terests require such exclusion. This
has been asserted in repeated in
stances, and never denied by the executive
or legislative department. In conclusion
the opinions SAYS: 1.-THE power of eXclud-
ing foreigners being an incident of sover-
eighty, to the good of the United States,
as part of those sovereign powers delegated
by the constitution the right to its eXer-
else at any time when in the Judgment of
the government the interests of the coun-
try require it. cannot be granted away or
restrained in behalf OF any one. The
overs OF the government are delegates in
trust to the United State and incapable of
transfer to any other parties. They can
not be abandoned or surrendered, nor an
their exercise be hampered, when needed
fer the public good, by any considera-
ton Of private interest. The eX-
ercise of these public trusts is not
a subject of barter or contract whatever.
The license therefore that Chinese labor
ers may have obtained p eviOus to the act
of October l, 1888, tc reUurn to the United
States is had at the will of the gov
ernment revocahle at any time at
its pleasure, whether proper
consideration by our government OF its
previous laws or proper respect for
the nation whose subjects are
affected by its action ought to have
qualified its inhibition and made it april
able to persons only departing from the
country after the passage OF acts, are not
questions for judicial determination.
n there be any just ground for com
plant ON the part of China it must
be made to the political department of our
government, which alone is competent to
act on the subject. The rights and in
terests created by the treaty by which
have become 50 vested that its
expiration or abrogation will not destroy
or impair them, are such as are connected
with property capable of sale and transfer,
or other disposition, not such as are per
sonal and transferable in their character. =