The record-union., 1893-05-16
special to the REcoRp-UN1oN.


WASHINGTON, May 15.-The Supreme
Court to-day through Justice Gray sus-
tanned the decision of the New York
courts in favor OF the constitutionality of
the Geary Chinese Registration Act.
Chief Justice Fuller and Justices Brewer
and Field dissented. The opinion of all
three are based upon pretty much the
same lines, though each read his dissent
separately. They deal largely with treaty
rights.
In the courtroom many distinguished
people were present, among them Senator
Dolph, who drafted the bill passed.
Justice Gray. in announcing the judg-
ment of the court, said:
The power of this Nation to restrict or
prevent immigration of aliens into the
country, or to require such aliens already
in the country to remove therefrom, is a
well settled principle of international law
confirmed by an unbroken line of de-
clsions in this court. The legislative
power of the Government is not trans
cended in any of its constitutional limi-
tations in the Act under consideration,
and it has it within its power to determine
the regulations under which these aliens
should be permitted to remain in the
United States, or, failing to observe these
regulations, be required to leave the
country"
The Justice said he was not discuss
ing the wisdom nor justice of the Act in
question, which was beyond the province
of the judicial branch of the Government.
1t remains only to say that the judgment
OF the Circuit Court of the Southern Dis
trict of New York in refusing to grant
writs of habeas corpus to the petitioners
is affirmed.
Justice Gray said the question pre-
sented was the consttutionality and
effect of the sixth section of the Act enti-
tied "An Act to prohibit the coming of
Chinese persons into the United States"
The Justice sketched the provisions of
the law rapidly and then proceeded to
say it was perfectly well settled that it
was one of the fundamental principles of
the law of nations that every independ-
ent nation had in point the right to keep
aliens out of its territory and to order
them to get out of its territory. That
power public welfare demanded.
THAT power exists in time of war, and
equally so in time of peace and has al
ways been recognized as belonging to
independent nations. The United States,
ana all OF the great powers, has power to
make war; to make peace; to pass an Act
of naturalization; to 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 relation. 1t has
been settled in two cases that the power
of exclusion may be vested in its execu-
tive officers, and the aid of the judiciary
might be invoked. 1t was not new
thing in public law for matters to be
executive and political in the first in
stance, and then take judicial force, as the
political department might direct. The
courts have no authority to revise deci-
sions or action and effect in these cases,
except as far as provision has been made
by law.
1.-THE treaties with China provided orig
inally for very free intercourse. That
was in 1869. Then it was found that it
was necessary to have more power for
convenient regulation of this matter, and
subsequent treaties were more distinctly
recognized, as contemplated by the con-
tracing parties, with power to regulate
the entrance of Chinese into this country.
If Congress makes law inconsistent with
treaty, it may give the foreign nation
the right to complain, and to take such
action as it may deem best for its own
interests. 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 the ex-
ecutive officers in making deportation
He said as far as the investigation was
made it will be a judicial investigation.
The law provided that Chinaman shall
be deported unless he shall establish GER
tain facts to the satisfaction of the Judge.
The Legislature had right to prescribe
what evidence be demanded before its
judicial tribunals. It has 1t within its
power to provide that those aliens who
have been year within the United States
without getting out certificates should be
deported. 1t had the right to define what
witnesses should be heard; the right to
protect the courts against testimony from
persons who had no regard for the sanctity
of an oath.
He would not touch upon the wisdom,
the policy, even the justice of the Act.
Those questions were for the political,
legislative and executive departments OF
the Government. If the Act were with
in their constitutional powers, it would
be out of place for the court to interfere.
What Congress had done had not been to
provide any definition of crime in the
Act, nor to provide any punishment 1t
provides that the persons in question
should be sent out of the country to the
place from whence they came; it pro-
yided not for the adjudication of crime,
but simply for the removal of the persons
whose presence Congress considers in
consistent with the public welfare II
must be remembered that Chinese cannot
be naturaIized. Doubtless they are en-
titled to security and safeguard guaran-
teed by the Constitution and laws in such
measure as they provide, but there was
nothing in the Constitution or laws
which impugned the power of Congress
TO compel them to leave the country.
The Judge said that the opinion in writ
ing would be filed as soon as possible.
At the conclusion of Justice Gray's
opinion Justice Brewer announced that