The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1893-05-26
THE CHINESE MUST GO.
The Constitutionanty OF tho Geary
Law Affirmed
ny the Supreme Court % III. United
"ates The Opinion Delivered by
Justice Gray-it Was Not
taanifnoas.

y ~
nese exclusion and registration ac,
The opinion was announced by .Iustic
Gray. Justice Brcwer dissenting.
The announcement that a decision i,
che case was expected attracted larg
attendance of spectators. and III,
fact that II was the last da,
of the term accounted for III.
presence OF an unusually large ARA,
OF attorneys within the bar. including
Attorn ey-Gencral olney. Solictor-Gen
erai Aiarich, Senators Pugh. Dolph and
Sockreil. Ex-Justice Strong and sew.
eral members of the diplomatic corps
were Interested spectators
Justice Gray said in announcing the
Judgment OF the court that the power
OF tins nation TO restrict or prohibi,
the immigration Of any aliens into the
country ca to require such aliens already
an the country to remove herefrom. wa a
well-settled principle of international
law, and was confirmed by an unbrok.n
line OF decisions in this court. The
legislative power of the government
had not transcended any of its consti
tutio1il limitations in the act under
consideration. II twas within its power
20 determine the regulations under
which these aliens should be permitted
70 remain in the United states. or. fail
ing to observe these regulations. they
should be required to leave the
country
justice Gray said that the question
presented was the constitutionality and
erect OF the sixth section of the act Of
May 9, 1892. entitled an act To prohibit
the coming of Chinese persons into the I
United States.
After continuing in force the FORMER
exclusion laws and providing modes vi.
trial, convictions, removals etc. of the
.hinese persons not lawfully entitled To
DC In the United States under these
laws 1t proceeds TO deal with the cues
tion OF Chinese laborers within the
United States
me justice slSetched the provisions
OF the law rapidly. and proceeded TO say
that the principles of public law in
VOWED had already been the subject of
TWO recent decisions in the supreme
court OF the United States 1t was
perfectly well settled. il was one Of the J
fundamental principles of the law Of
nations that every independent nation !
mad the inherent right TO keen aliens
out OF its territory and TO or c
DER them to get out of its ter o
.iooty. That power public welfare
demanded. That power exists in time e
OF war and equally so in time Of peace s.
ana mas always been recognized as be- =
longing to independent nations. The n
chised States-all Of the great powers
mas the power to make war to make p
Peace; TO pass acts of naturalization: 70 u
pass All necessary and proper laws to 81
carry out ME powers reposed in con- u
gress. On the diplomatic department.
OF the government. devolved the case Of m
relations.
II dad been settled in two cases tba, Of
the power of exclusion NAV be vested fie
ia executive officers. and the aid of the On
JUDICIARY might he invoked II was no Al
new thing IN public law for matters to pr
DC executive and political in the first
instance and then take judicial force
As the political department might -di-
rect The courts have no authority 10 10
revise the decisions or the action and gu
erect In these cases except as far as VA
publication has been by law. The Oh
reat'es with China prohibited ur
originally any very free inter IN
'ourse. That was i'm lsG9. Then (, an
vas found that il was necessary IN ma
lave more power for the convenient &c
equation of this matter. and the sub ers
c1uent treaties that distinctly recoo-
iized as contemplated by the contract del
ng parties, the power to regulate the fro
ne entrance of Chinese into this conn cal
ry. If congress makes a law inconsis- Gle
ent with treaty II may give a foreign Tn
'atlon the right to complain and take ha'
uch action as it may deem for its own bas
interest, but the duty Of the courts of cha
he United States is clear. and they Off
aust recognize its force tia
Justice Gray dwclt at length unop abs
he objection that had been made IN an
rbitrnry power conferred upon the vii
xecutivc officers in making deporta- tiol
ions He said that so far as nm inves- Off
gation goes il will be judicial inves- con
cation The statutes provided TIA. VIII
be Chinanan shall he dcported nm VIII
SIS he shall clearly establish ~. resi-
iin facts TO the satisfaction hell
the Judge. The legislature teri
ad right to prescribe what evidence him
lall bc demanded before it, iua;c;,l the'
'ibunalS II was within its power 70
'''he thdt tnOSc aliens who have
cen anywhere in the United States
ithout getting out "a certificate should -,
deported. II had the right 10 define Il
nat witnesses should be heard: IN.
ght to protect the courts against tcs- H.,
mony from persons who had no re- 49,,
ard for the sanctity of an oath Iaa,
lie would not touch upon the wis re,r
'm the policy. even the justice of the dav
!, Those questions Were for the po- the,
Teal, the Legislative and executive tbe
'partmcnts of the country. II the act l,v /,
ere within their constitutional now ~.
> and y would be out of place for mos
g court e interfere. What conpr.s. I'M,
VI done had not been to provide for r.,
= - - crime 10 the act nor feet
AZ 49,. "ny punishment. ~ pro- ing
ould he sent out Of the country 80
the place from whence they came. haa
provided, not for the adiudicat;,, ~