The morning call., 1893-05-16
JUSTICE GRAY'S OPINION.
Congress Has a Right to Deport the
Chinese.

WASHINGTON, May 15.-Justice Gray
delivered tile opening address Of the court
He reviewed the Chinese registration act
In detail. He said the whole question
hinged on the sixth section. The Chinese
had been given one year in which to regis
ter. The Collectors OF Internal Revenue
were in places convenient to the Chinese
The alien Chinese are not and cannot be
naturalized, therefore they cannot be con-
sidered as belonging to the people Of the
United States. Congress certainly has the
right to legislate for her citizens as against
the alien.
The latter is doubtless entitled, In GER
tain sense. to protection and safeguard. to
be provided by Congress, but in no sense is
this tOsimpede Congress OF its admins
traitors Of the law in enforcing the statutes
for the welfare OF the people Of the United
States.
Concerning the case Of Lee Joe, who ap-
piled for a cert ficate OF residence and was
refused on the ground that he could not
produce at least one credible " hite witness
the court says that Congress certainly has
the right to say who shall be naturalized as
a United States citizen, and there Is cer-
tainly propriety in the United States Con-
gress deciding who shall certify or testify
or act as witness for the applicant Tor
naturalization.
There is equal propTiety in the United
States prescribing that her own citizens,
IL need be, shall be witnesses in the case
of a Chinese alien who applies for certif-
cate of registration under the Geary act
Every nation has a right in time of
war TO keep aliens out Of her territory,
and that right exists equally in times of
peace.
This registration act was not designed TO
and does not make criminals Of the Chi
nese, nor does it seek to punish them. 1t
merely provides that those entitled to re-
main In the United States shall provide
themselves with means of identity, being
without which they shall be :aken before
a United States Judge and ordered de-
ported. Taken before a United States
Judge" are words almost exactly identi-
cal with those used in the babeRs corpus
act. This is not a punishment of the Chi
nese. 1t Is merely the exaction Of the laws
OF Congress enacted for The welfare Of the
people Of the United States.
Justice Gray said that the question pre-
sented was the constitutional ty and effect
Of the sixth section of the act entitled
IAN act TO prohibit the coming of
Chinese persons into the United States"
The Justice sketched the provisions Of the
law rapidly and then proceeded 10 say
il was perfectly well settled that it was
one OF the fundamental principles of the
law of nations that every independent
nation had an inherent right 10 keep aliens
out OF It's territory and 10 order them TO
get out of its territory if tie exercise OF
that power was demanded by the public
welfare. That power exists in time of war
and equally so in time of peace, and had
always been recognized as belonging TO in
dependent nations. The Uni.ed States,
as has all of the great powers, has the
power to make war, to make peace. TO pass
acts OF naturalization and 10 pass all
necessary and proper laws to carry out
the powers repOsed in Congress. On the
political department OF the Government
devolVed the care Of international re-
lations. It had been settled in two cases
that the power OF exclusion may be vested
In executive officers. and the aid of the
judiciary might be invoked. 1t was
no new thing in public law for
matters TO be executive and
political in the first instance and then to
take judicial force as the political depart
ment might direct. The courts have no
authority to revise the decisions or the ac-
tion and effect In these cases, except so far
as provision has been made by law. The
treaties with China provided originally for
very free intercourse. That was in 1863
Then 1t was found that 1t was necessary
TO have moro power for the convenient
regulation Of this matter, and subsequent
treaties more distinctly. recognized, as
contemplated by the contracting parties.
the power to regulate the entrance of Chi
nese In this country. If Congress makes
law inconsistent with a treaty 1t may
give foreign nations the right to complain
and take such action as it may deem
best for its own interest, but the duty of
the courts Of the United States is clear and
they must recognize its force.
Justice Gray here dwelt at length upon
the objection that had been made to the
arbitrary power conferred upon executive
officers in making the deportation. He
said that so far as Investigation is made 1t
will be judicial Investigation. The law
provided that no Chinaman should be
deported If he should clearly establish
certain facts to the satisfaction OF Judge.
The Legislature had right to prescribe
what evidence may be demanded before
our judicial tribunals. and 1t was within
its power t3 provide that those aliens VI ho