The morning call., 1891-02-24
CHINESE CRIMINALS.
The Right Of a State to Punish
Its LaW-BTeakerS.
ConStitutiOnality Of the Exclusion and De-
pOTtatiOn Bill.
Views Of Attorney General Hart-Treaty Oh
legations Not Violated by Any Of the
Provisions Of the Measure.
Special to THE MORNING CALL

SACRAMENTO. Feb. 23.-ln an interview
with IHE CALL correspondent tonight
Attorney-General Hart gave his reasons for
asserting that the bill for the exclusion.
registration and deportation of Chinese,
drafted by him at the request os the Assist
ant Secretary of the Treasury and now be-
fore the Legislature, is constitutional. The
.Attorney-G General held:
First-That the Constitution of the United
States is a grant of power by the States to
the Federal Government and all rover not
so granted is retained by the people Of the
several States.
Second-That there is nothing in the
Constitution of the United States which
prohibits the State or takes away from it
any power to punish for crime in any man
ner it may see fit; that is to say, all power
relating to all police and sanitary regula-
tions is retained by the State, and it has the
power 10 fix any punishment it may see fit
for violating its criminal statutes.
THE FOURTEENTH AMENDMENT.
Third-That the fourteenth amendment
to the Federal Constitution was granted for
the protection of American citizens and
those entitled TO become American citizens,
and not for the benefit OF foreigners. All
suits where this question has arisen are be-
tween citizens Gncluding corporations of
the United States. 1t is true that for
eiguer, when tried, is entitled to be tried by
the same jury, by the same manner of in
formation or Indictment, and is entitled to
have council, and entitled to a reasonable
doubt in the trial for public offtnse, but
no further
Fourth-The political and inherent power
of the State saves to it all power not granted
TO the Federal Government and not prohib-
tied by its own Constitution.
TREATY RIGHTS.
Fifih-Any foreigner has a right to re-
main in the State and carry on business.
and be tried in the same manner as citizen
only when so guaranteed by a. treaty; but
whenever the foreigner fails TO obey the laws
of the State he thereby fOrfeits his right 10
remain IN the State and TO do business as
aforesaid, If the State law so provides; and
even II he has a right to live in the State
and 90 business under treaty, he is only
entitled TO DO SO as long as he obeyS the laws
Of the State, and when he diSobeyS the
laws of the State the law may pro-
vide that he shall be deported from
the country. In Russia Jews who are
citizens ara deported. The English
once depoTted their own citizen cOnvicts to
Van Dlenens Land, and Spain to-day has
la y that banishes criminals, and it is only
few days ago that the Labor Commissioners
Of Massachusetts compelled the captain OF
a vessel to take back with him to Europe
Immigrants who were of the character pro-
hibited TO land by the laws of Massachu-
sets.
RESTS WITH THE STATE
It may be said that the deportations from
Russia and spain were made by the General
Government, and hence, that it must be the
General Government here that must exercise
that right. But such is not the fact for the
reason that this nor any other State of the
\ American Union has not granted this right
Ito the Federal Government. There
fore fore not having granted the right
the. State has retained it for it.
self, aud If the Burlngame treaty
or any other treaty attempts to take away
from the State any of the rights retain ed to
itself, when admitted into the Union, such
attempt would be unconstitutional and void,
Tor Congress, by approving treaty, cannot
take away from State the right re-
tanned by it on being admitted into
the Union. To admit such a doctrine
would be to hold that the treaty
making power of the Government, other than
Congress, IS greater than Congress, which
IS not so. For Congress- by the COnstitu-
ton Of the United States. has the power to
make, or Tatify, or modify, or nullify, or
wipe out, any treaty of the United States
without asking the consent of the other
parry to the compact Again. if this
State provides by law that the Chinese
when they become criminals shall be de-
ported, Il cannot be said to be in violation
OF any treaty, because the treaties with
CHINA DO not provide that they shall not be
deporleL Everyone will admit that if a
Cilnaman commits murder in the first de-
IN y md 81
gnished, even if he is a Chinaman. II tie
State can 60 this far without violating the
treaty, why can 1t not stop short of death.
aad say TO the erring Chtnaman: GU are
Tad boy and YOU must go home"
NOT CLASS LEGISLATION.
Seventh-It may be said the bill which l
have drawn Is class legislation. If so the
BuiHngame treaty has been modified by
reason Of the Scott Exclusion Act and the
bill under consideration is not class legisla-
tion because by its express terms it applies
to all foreign persons who, By reason of
naturalized under the laws of the
United States or the laws of
California. This law thus affects all crimi-
nails whose race and nationality cannot be-
come citizens. There has been some doubt
in the minds of the officers at Washington
as to whether the Scott Exclusion Act ap-
plies to Chinaman If he could get into the
Stale without being discovered. This act
now before the Legislature takes hold of
the Chinese at the place where the Scott
Exclusion Act leaves theni-on the shore
without being Heretofore apprehended, aud
deals With them from that time on.
SAVING TO THE STATE.
This is not in conflict with the Exclusion
Act, but in accord with it. The certificate
OF residence is required in order to entite
the Chinaman to travel in the State and to
get back again. If he loses it, or if he fails
TO secure it, he is liable to arrest for being
unlawfully here, with the right reserved to
him to prove that he is entitled to be here,
tile burden of proof being upon him. Thus
every Chinaman would obtain the certificate
for his own protection. This act would put
every Chinanan in the State on his good
behavior and save the State at least 10 per
cent of the cost of running the
State prisons and insane asylums.
y This bill will cause no taxation on
tile people for all the funds used
therein are, by the provisions of the act, OBJ
tanned solely from the charge for the certifi-
Gates Of residence and fines for the violation
OF the law. This bill also provides that any
Chlnaman now here who becomes a Grim
inal may be deported for being a criminal.
have no doubt but what the bill is constj