The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-07-17
CHINESE EXCLUSION.
Full Text Of Attorney General
Miller'S Report.
Chinese UnlaWfully DCmiCiled in The United
States May Be Removed.
Sent Directly Back to China Unless Subjects
Of Another POWer-MuSt Prove
Their Right to Land.
FreciaI to THE MORNING CALI

WASHINGTON, July 1.-THE following is
the full text of Attorney General Miller's
Chinese decision:
To the Secretary Of the Iredsury-SIR; Your
letter OF tile 26Gh of june calling my attention
to the enactmeuts of Congress which constitute
the legislation relating to the exclusion of Chi
nese laborers and requesting my opinon as to
whether authority Is given to return directly to
China Chinese persons who are found to be in
this country in violation Of said laws. aud who
may have come into IL through foreign contiguous
territory is al hand. 1t Is evident that the purpose
OF the laws referred 10 Is not so much TO prevent
these persons from coming into the United
States by some specified method OF trauspOr-
tation. or from some contemplated direction or
country, as Ii is to prevent them from coming
into this country in any manner.
will first consider the law without regarding
the related paragraphs of the ''Sundry Civlp'
acts OF 1890 aud 1891. Section 1 OF the act Of
1882 clared 1t TO be unlawful for the Chinese
laboier 10 come "or, having so come, to remain
within the United States" Tue act OF 1884 de-
ciares that sit shall not be lawful for any
Chinese laborer to come from any foreign port
or place, or having so come. to remain within
the United States" Here is recognition that
the persons sought to be excluded come not only
from China, but from other foreign ports aud
places.
APPLIES TO ALL CHINESE.
BY Section 10 as amended in 1884 it Is enacted
that the provisions Of This act shall apply to all
subjects OF China and Chinese. whether subjects
OF China or Of any other power" Here are Two
classes designated: First, Chinese who are SUBJ
jecis of China; second, Chinese who have be-
come subjects OF some other power. Section IL
declares: THAT no Chinese person shall be per.
mtted TO enter The United States by land with
out producing the certificate required by those
aclS: And any Chinese person found unlaw-
fully within the United States shall be caused 10
be removed tnerefrom 10 tile country from
whence lie came" at the cost OF the United
States. These statutes must be construed not
only in accordance with reason, but with refer.
ence TO each other.
If a Chinese laborer has become a subject of
| Great Britain. or is actually, under Section 15
| subject OF The Dominion OF Canada, and there
alter forms lhe Intention OF coming and does
| come Into the United States. Ine law may prop
erly be construed TO deci ire that upon being dis
| covered lie may be returned 10 Canada; but IL lie
leaves China intending TO reach san Francisco
| or New York, aud lands north OF The national
boundary and proceeds TO carry out his intent
by reaching the United States best he may.
aud when lie finds himself safely able TO do so, IL
Is manifest that China. not Canada. is the
country from whence lie came" aud therefore
China Is the country TO which lie is 10 be
moved. Ii would be a strained construction OF
legislative intent 10 hold that Congress meant
10 declare that The country through which one
comes shall be deemed The country whence lie
comes.
AN UNNATURAL CONSTRUCTION.
1t would seem 10 be tritiing TO enact or to
iudcially declare that when the obnoxious in
dividual comes by ship, although lie sails around
the Horn, or breaks the voyage by crossing
Sonth America. he may be transported back 10
Asia; puL that II he comes by way of Mexico or
tne BRUSH POSSESSIONS lie may cross at any
point of our extended border line and can, upon
discovery, only be placed back upon the soil OF
the con iguOus territory, TO repeat his expert
ment until ii shall be attended by success. /
understand that construction of Section IL Is
urged th I subjects the second paragraph there
oil To the hrst one, aud that implies that the
moval OF the person Ito he country whence lie
came relates especially TO those entering the
United States by land, or from contiguous terri
"A
natural one. The context shows that Congress
regai ded the Two classes Of Cinnamon recognized
IN Section 10, viz. chose Chinese who are su b.
lects OF China, and those Chinese persons who
may have become subjects of any other foreign
power. and Intended TO enact that "any Chinese
person. (of either Glass; found unlawfully with
in the Uni ed States shall be removed therefrom
10 he country wlence he came;" that Is, that
those OF one class shall be removed To China aud
those OF The other class may be returned 10 the
country OF that foreign power whose subjects
they had become.
MUST RETURN TO CHINA.
II three Chinese laborers determine to leave
their homes In China aud donicile at Washing
ton, and one enters the United States al Ell Paso,
another at Suspension Bridge, while the third
comes into the port of San Francisco and all
are found unlawfully within the United States at
Washington the law does not require that these
persons shall be deporIed to the different couD-
llies through which they made their way, aud
that one shall be placed III Me xico and another
IN Canada. and that The third shall be shipped
back TO China. but on the contrary, China is the
country from which all come, ana 1t is In accord
ance with law that the three shall be returned
there.
Neither is 1t seen that any different conclusion
should be reached although those coming by
way OF contiguous foreign countries shall delay
from point TO point and employ long time In
coming. or shall compllcate their movements and
obscure their purposes by conniyance with those
who may be willing to aid them. IL will be seen
that Chinese laborers claiming the right TO be
turned TO contiguous territory under the act of
1884 must show that they are subjects of the
power governing Ihe country thereof. IL is said
in the Pizarro q Wheat 245( tha. the words
practically Synonymous. 1t is also stated that
a person domiced in a country, ana enjoying
the protection of Its sovereign, Is deemed sub
/! 1ect OF that country. He owes allegiance TO the
country while he resides in II, Temporarily, iu-
| deed II lie has not by birth or naturalization
contracted permanent allegiance, but so fixed
that to all other nations he follows the char.
acter of that country In war well as in peace"
Such difficulties as have arisen from the coming
from Canada OF Chinese persons have not been
occasOned by those subject 10 the sovereign of
that country but by those who have ayailed
themselves of the location and laws of Canada to
make their way from China to the United States.
WHAT CONSTITUTES RESIDENCE.
The residence and d0micile Of The ChInaman
remains IN China until lie acquires new one
with intent TO remain In ii. Un.il domicile by
residence aud iutent is acquired the dumicl OF
origin remains The distinction between 1.-The
actually doniciled and tie merely commOrant
foreigner must be kept in mind.
Mr Justice Swayne voicing The opininn of the
court in Mitchell VS.. United States (21 Wall. $500
| says: "When change of domicie Is alleged
| the burden OF proving It rests upon The person
| making The allegation. To constitute the new
| omclle two things are indispensable: FIRST
| residence in The new locality; and second, the
| intention to remain thete. The change cannot
he made except facto ct amino. Both are alike
| necessary. Either without the other Is INSULT
| cteDt. Mere absence from a fixed home. how
| ever long continued. cannot work the change.
There must be The animus to change the prior
| quired the old one remains. These principles
areaxsomatic In the law upon the subj CT"
Ii Is manifest that the Chinese person must
| have Terminated the domlee Of origin which
| arises from birth aud connections and must have
! become domiciled In Canada according to the
| law cited, prior 10 his coming TO the United
| States, and must continue 10 remain DON'T
| ciled TO be In position when arrested for being
unlawfully In this country TO claim the privilege
| OF being returned 10 Canada. II will be noted
that under our legislation tile rule as to Chinese
| The supplemental act OF oc ober 1. 1883 t95
Stat 504) declares II TO be Jul wful for any CHI
nese laoorer who shall. subsequent TO the pas
sage of the aeI, be ouside OF or who shall there
| after depart from The United States to return to
or remain thereie, and all certificates OF identity
| provided for by the fourth and hftn sections OF
| all persons of the class designated are prohibited
from entering the United States.
PERMISSION TO LEAVE.
The act OF 1884. by Section 9, commented
upon Dy the Supreme Court In Wan Shing VS..
| The United States. decided May IL 1891, pro-
| vides for permission to be Obtained from the
| Chinese Government. or that other forsgn Gov.
| efnmeni OF which at the time The Chinese person
shall be subject which shall, before lie goes
] Cu".u vi auS soSsCt W pioCeeu " Tue Ouiteu
] States. be vised by the representative OF this
county. After considering the law OF 1882 as
amended by hat OF 1884 aud as supplemented
! Dy that oil 1883, the court concludes its opinion
| In tie case OF Wan SbiDg as follows: "1he re-
suit OF the legislation respecting the Chinese
| would seem to be this: that no laborers OF that
| race shall hereafter be permitted 10 enter the
| United States or even to return after having de-
| parted from the country. though they may have
previously resided therein and have left with a
| view OF returning; aud that all other persons OF
that race except those connected with the diplO-
! matte service must produce certificate from
| The authorities Of the Chinese Government or of
such other foreign Government as they may at
| the lime De subjects Of showing that they are
| mol lanorers and have the permission OF that
| Government to enIer the United States, which
certificate Is to be yised by a representative Of
| the Government OF the United States. Ii Is plain
| that all foreign-born laborers of this race are
prohibited from entering this country. Chinese
officials aud persons connected with the diplo-