The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-06-17
THE CHINESE.
Counselor Clarke Allows His
EIOquence to Burst.
he Argues the Case Of Chue Fan Before
United States Circuit Judge Sawyer.
Lottery Tickets

The case of Glue Fan, the Chinese ar
rested for having lottery tickets in his pos
session. and which has been played shut
tlecock and battledore with between the
Police, the Superior and the United States
Circuit courts for the past few months,
came up for hearing before United States
Circuit Judge Sawyer yesterday morning.
Counselor Clarke, Glue Fans attorney,
addressed the court at great length, max
ing the effort of his life. District Attorney
Page and his assistant Love declined to an
swer the argument, and submitted their
side of the case on brief.
Fans case involves the validity of the
ordinance enacted in March last by the SUI
pervisors entailing heavy fue upon any
one having lottery tickets in his possession.
The three Police Judges refused to listen
to arguments On the validity of the order,
and set bail at $500 each. The request to
have the case sent to the Supreme Court
having been denied, writ of habeas cor
pus was sued cut, and Chief Justice Works
refused to listen TO the constitutional ques-
tions raised on the ground that such mat
tiers were for the court in bank to hear A
second writ was issued and bail in the
meantime refused, whereupon writ was
issued out of the Circuit Court, and the
prisoner taken from the police. The SUI
preme Court writ was dismissed because
the case was no longer in the jurisdiction
of that tribunal. The transcript was after
ward filed in the Circuit Court, and mo
ton was made TO remand, and this was
argued yesterday.
THE POLICY OF THE NATION.
In commenting upon the policy of tn Q
nation the Counselor unbosomed himself
as follows:
Our Federal Government, by solemn treaty,
has promised that lie right Of Tree migration
Shall be recognized; ana has further promised
that it [the Federal GovelnmenD will exert all
its power TO devise measures to preserve that
right. Think OF that, oh We pulsuerS The
power Of the Niagara the power of the Miss
issipli! What ale all the waters of the Sacra-
m enlo against these mighty forces? All lis
20 wer Consider what that means.
The power that lI.oIted England and made
her cry enough that broke The prestige OF the
victors of atelOo and trafalgar; The power
which sent BAZane and lie French Army out OF
Mexico with preeipitate haste; the power that
broke the sIaekles on 100000 of slaves; The
power that ho Ids Mount Vernon and the not less
sacred fields OF Vicksburg and AppomatlOX; the
power that had the pluck TO train It's guns on the
always serf'; the power that denies the divine
right of kings and that holds aluft the lamp OF
encouragement TO all the feeble and struggling
republics on the face OF the globe.
Tie power that announced the Monroe doc
trine and the anticipation OF whose remon
STRANGE prevented the crowns OF Europe from
invading Brazil 10 restore the empire. II has
power 10 command and TO enforce Obedience 10
order and TO execute, and to shoot upon tie
spot any domestic or foreign enemy who, III de-
hance OF It's authority attempts 10 lower Its
starry flag.
CALIFORNIA; IGNoBLE BAsENEss
In speaking of the presumption of the
State of California in attempting to violate
the rights secured to the Chinese by treaty,
Mr.. Clarke said: shielded and nurSed by
this great pateInal power, fattening on its
naYy-yard and military posts, using. its
mails, enjoying the protection OF lis 1orts
and trigates, favored with contracts to
build the Charleston and San Francisco,
more contracts In sight, asking Tor an
SS0O,0OO postOffice, this little mushroom
government Of ours has dared to traEple
on these solemn treaties and to institute
policy directly opposed to that OF the
national Government"
MI Clarke then proceeded to show the
power of the United States to prevent the
State of California from violating this
treaty and querled as foIlows Can the
United States prevent this State from this
treaty breach? We feel disposed to ask:
Can duck swim? If the United States
cannot execute her treaty why did she
make it? What else does her power exist
for? What use would she be Ii she could
nOl?"
Referring to thelattitude that the United
States should assume toward the lowly of
the earth, the learned counselor continued:
1t has pleased the omniDotent dispenser
OF all good IN these latter days 10 create
and appoint one great nation To pc
his Lord High Steward on this globe He
has embellished her with every jewel rich
and rare He has garniShed her with the most
| lovely attributes OF his own blessed Character
He has girded her with power and nerved her
| with strength. He has allotted her The fairest
portion of his footstOOl Tor her temple and pa
| Vllion. He has built her walls of ether too high
| for any marauder TO scale or climb. Iney reach
Fttar aNFgN Ag "a :
| 10 The ever burning stars, which look with eyes
| of admiration ON her majesty and glory ana
stand eternal sentlnels 10 forbid lne commits
sion Oi SO great crime.
THE OUTRAGE DENOUNCED.
| Mr. Clarke reviewed the case of Glue
| Eau and others bearing upon the right OF
emigration, after which he called upon all
! the great men of history to arise from their
graves and denouuce tile outrage to Chue
| Fue:
| On! thou sublime spirit of that illnstrlous ora.
tor and apostle of llbeIty-patriot ana martyr OF
| freedoms holy CAUSE at the age OF 25-my kins-
man and my ceIntryman, whom all the power OF
| Great Britain could neither bend nor break, have
| you held high converse with Tie American pat
| riots and rebels who broke the sceprte OF tyrany
and laid The foundation Ofihls great Government
ana proclaimed tile evangel OF the race? Have
| you conferred win Adams, Hancock and George
| Washington? Has Seward tod you that he
sent Afguelles back to Cuba for selling into
| slavery some free negroes and sent Bazalue
home TO France for his health? Did poor Maxi
elgu thrones above the Monroe doctrine? Did
Grant tell you that lie told the boys TO take their
horses and 60 home and that lie asked Tor peace
ana Heaven heard bis prayer and granted IL?
On, thou great Broderickl Thou 1rst holocaust
OF the impending slaughter and eonfagratlon!
Thou Senator, how proudly curled your lip when
| you told our Baker Tie secret OF your asSasSna-
| Ion-
They killed me because was opposed to the ex-
tension OF slavery and corrupt administration.
Oh, thou great Bakeri Statesman leader sol
deti Thy silver tones still yibrate Oh our ears;
thy manly form aud noble carriage still dlate
before our eyes.
| Your grand psalm, which you so proudly
many lame aud hating disciples OF our gospel,
aud IL Will perfume your memory IN It's glorious
march down The aisleS OF time through all sue
ceedIug generations On The summit OF our
Laurel Hill famed by the ocean breeZes aud sur
rounded by sleeping Senators aud Judges aud
leaders Of The past. Sleep Oh, sleep on, aud take
| your rest
Oh thou murdered Garfield On, ye tens OF
| thousands OF the heroes and martyrs of liberty
who on every mountain side, on every battle
! field, by every river-beneaih The broad expanse
| gave your precious blood for the Il eat cause OF
| freedom aud the rights OF man, as asserted and
maintained by our matchess Government.
Sleep In bloody shrouds. Sleep Oh, sleep on,
and take your rest Wrapped IN your bloody
shrOuds, sleep on. sleep Oh.
At the conclusion Of Mr. Clarke's argu-
ment the motion was taken under advise
ment.
UNSATISFACTORY CENSUS.