The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-21
THE SIX COMPANIES REPLY.

SAN FRANCISCO, Sept. 10, 1892.
Reuehue-
SIR We are In receipt of your communication
OF September 8, 1892, asking II we have issued
instructions to Chinese laborers not to register.
In response thereto permit us TO say that we
have issued circular advising the Chinese
laborers that the law requiring them to register
is unconstitutional aud cannot be enforced, and
therefore suggesting 10 them that they do not
comply with the law.
This circular Is based upon the advice OF our
attorneys that the law Is unconstitutional and
in violation of treaty rights. The reasons given
therefor are as follows
The law makes no distinction between Chinese
who are aliens and Chinese who are citizens of
the United States.
citizen Of the Chinese race is entitled TO the
same rights and privileges In this country as
any Caucasian citizen.
No law can be passed which Is intended to
apply TO one class OF citizens as against other
classes.
1t Is a cardinal principle OF constitutional
law that all laws In reference to citizens must
be equal and uniform In their operation; further.
more. Congress has absolutely no power to pass
any law providing tor the deportation OF
citizen, no matter what may be the crime OF
which he may be convicted.
Congress has no power to provide deportation
as penalty for any crime.
The fifth amendment OF the constitution pro-
all ba 90 20
liberty or property without due process OF law
Tie eighth amendment OF the constitution
provides that cruel and unusual punishment
shall not be Inflicted.
Chinese persons now residing In the United
States who came here under the existing
treaties and laws are entitled TO be and remain
in the United States.
To infct upon them the punishment Of de-
portation for falling to register would be 10 in
1lct upon them a cruel and unusual punishment
and would deprive them OF liberty and property
without due process OF law.
Tho treaty between the United States and
China provides that Chinese subjects visiting or
residing D the United States shall enjoy the
same privileges, immunities and exemption In
respect 10 travel or residence as may there be
enjoyed by the citizens or the subjects of the
most favored nation
Ii is true that Congress has power to abro-
gate or nulfy a treaty between this Government
and foreign Government, but the Supreme
Court OF the United States has decided that such
abrogaton or nullihcation must be done in ex.
press terms, and cannot be done by implication.
Congress has not either expressly or impliedly
abrogated or nullifed this provision OF the
treaty.
This provision Is, therefore, still In force, and
as article VI OF the constitution OF the United
States provides that all treaties, as well as the
constitution aud laws OF the United States, shall
be the supreme law OF the land, it therefore fol-
lows that no law Is valid nor constitutional
which imposes upon subjects Of the Chinese
empire now residing In tile United States bur-
dens. restrictions and penalties which are not
likewise imposed upon alieus Of every other
nation.
There are many other reasons why the regis.
traion law is unconstitutional, but we have
given sufficient to satisfy the reasoning and uu-
prejudieed mind that this law Is iu violation Of
rights guaranteed both by the treaty and by the
constitution.
Besides these reasons the Chinese consider
INSULT 10 the subj cts OF foreign nation.
1t is In violation OF every principle OF justice,
equity and fair dealing between two friendly
powers.
Its an insult that has not been inflicted upon
the subjects Of any other nation.
IL England or any other European country was
to pass similar law 10 reference to subjects OF
the United States. we think the United States
Government would resent the indignity.
The law, II enforced, Will subject every Chinese
merchant In the United States to blackmall Of
the worst type.
Chinese merchant who has resided In San
Francisco for many years. and who may desire
to go to New York on business, can be stopped
at every little hamlet. village aud town on the
line OF the railroad and be arrested on the charge
OF being laDorer who has failed to register.
II Is true that the regulations OF the Secretary
OF the Treasury provide for the registration OF