The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-05-16

men: OF friendly aliens ia the tisrc O! vrscc
rcpsas the s;a.emea; that in 20 other in-
stance has the deportation OF friendly aliens
occa advocated IS lawful measure BY say
aepar'mca; Of oa. government. and i, vii, sur
r'sse most pecpe to learn that any such dan
SsseEs sad oesrctie power l:es in eur govsrn-
'nen' waica will autaor.xe il 20 exaes ia ,ino
O. reacs the whole holy OF friendly foreigners
O. any soaasry dom:ciicd harein By It's Per
mission. II Is possible thss coagrcss car.
% its pleasure. aercrs q. aay
ssmc those i.ish. Gernsn. French ani
sns.'sa people who may have taken up their
'csiacaee here On the Invitation of sais govera.
msnt in disregard o; tae guarantees OF lesisia-
sioa simply on the ground that they have NOS
oeca nstaraiis.d
lne moment any human b.iny c,rncs to
country wsta the consent OF thc government.
and such consent will always be Implied when
nos expressly Withheld, and in the case ef
the Chinese lshorecs before rs was in tho
texans given by the treaty. be becomes subject to
ala taeis laws an: aIoeassle 10 their rnnisn-
mens and entitled to ,se.r protection Arbitrary
aaa desroic authority caano, 10 exercised over
taer. with references to their persons and prop
e's' any more than over the persons and rsop-
s'V os native tosn citizens. They are diffsrcat
from citizens In that respect that they
cannot vote or hold any public offices. As mrn
aa''ug oar common humanity. they
are protected by all the guarantees
OF the constitution. To hold tha. they are
sao.sct 10 any dsnerea, Laws or are icss
N",es.en In any particular. 10, in my judgment.
against Tho teachings OF our history the pyaos
oee o' our government and language OF our iegis
ia"oa' l utterly dissent from and reject the
ooctsine and opinion of the majority that con
grcss might have directed any Chinese Lahore,
found within the United states withous
ceriihcaie OF residence to 10 removed
our OF the county without judicial
tsial or examination. jus; a. IL nigh, have au-
trRN
vent their entrance into the country.
IL would to brutal and oppressive.
The existence Of ths power thus stated
Is only consistent with the admission that tho
government 10 one OF unlimited and aespotio
power ~ far - aliens domici.ei
IA this ceuntry are concerned
utterly repudissa all such notions aud
reply that brutality. inhumanity or cruelty arc
not the elements in any procedure for the en-
forcemcnt OF any laws of tho United states.
The punishment 10 beyond reason in ita SC.
verify II is out OF all proportion to tho
alleged oiiensc. II Is cruel and unusua, anu
viii not pursue tho subiscs further.
sanction 1t wot,id give 10 iegis.Ation
in depriving resident alisns of tho
guarantees of the institution, fi,is mc with APP
prehcnsion. Those guarantees arc Of price,
less value To every resident OF
the country. either cinzen or alien.
cision - blot sgairst constitutional liberty.
when IL declared that congrsss has the right
TO disregard tho laws OF tho constitution
intended for the protection OF all men
domiciled In the country. with tho
consent OF the government, In their rights OF
person and property. am Of the opinion thu:
the order OF the court below should be reversed
and the petitioners be discharged
In dissenting opinion, the chief justice
>scx1th tho <xf h.
that the cases before tho court were such
as the political department Of the govern.
ment alone could deal with. 1t was in his
view judicial question, and however re-
luctant the courts may be to pass upon tho
constitutionaIity Of a legislative act. it was
the very essence Of judicial duty
to do SO when tho discharge OF
that duty was properly imposed upon
it. He entertained no deu1t that the pro-
visions of the fifth and fonstsenth xsn1ss1.
ments vere universal in thAfr appliaa1to1,
and while the general government was In
vested. rs far as the foreign countEjao wero
concerned. with all the powers uecosnoSy
TO the maintenance Of its absolute inde.
pendence and security, IL would not, in
virtue of supposed inherent sovereignty,
absolutely deal with persons law
fully and peacefully within its do
main. Tho act before the court
was not an act to abrogate or repeal
treaty, nor to expel Chinaman law
fully. and no such intent could be imputed
to congress. It's object was to prescribe
method Of registration, and deportation.
provided by way Of punishment, was in
his view an unusual punishment. and not
authorized by the constitution.
After the court had concluded its an.
nouncement of the opinions, Ashton, OF
counsel for the Chinese. moved for a re-
hearing and an argument before the full
the full bench at the next term. At pres-
cnt the court stands i've to three in sup
port OF the law, Justice Harlan being abb
sent. The court took the motion under
advisement. the effect OF which is to post
pone proceedings under the judgment an
nounccd today.
No orders had been issued At the treas.
ury department at the close of business
today as to deporting Chinese under tho
Geary act. The instructions under which
collectors of internal revenue aud the
United States marshais are now operating
direct them TO make no arrests Of unregis-
tered Cinnamon until further orders.
These orders may be given tomorrow after
the cabinet meeting or deferred for
longer period. Secretary Carlisle soon
after he heard Of the decision of the su-
preme court. went TO the executive man
sion and had conference with the prcsi.
dent on the subject. He remained for an
hour or more. Attorney General Oiney
said that until>t line of action TO be pur-
sued by our government was mapped out
he could say nothing on the subject. ex-
eept that the department of Justice had
no money available for deporting Chi
nese. A conservative estimate places
the amount necessary to deport the
unregistered Chinese q. 81 200 600. with
only $Ig -D5 available for the purpose.
Intimations are heard that congress may
bc convened to consider the matter. The
suggestion is made in official circles here
that the Chinese unregistered may now go
20 the courts and ask To be allowed TO reg
lister and remain in this country. In any
view Of the case the treasury officers cx-
pect TO experience great difficulty in carry
ing oyt the mandate OF the law that the
Chinese must go. They look to the cabi.
net To solve the problem at a meeting to-
morrow.
At the Chinese legation the Chinese
minister ccur.eousiy declined 10 express
any opinion upon the decision of the
court or give any information as TO tho
course his government might deem proper
TO adop; under the circumstances. Hs
especially declined TO say anything upon
the alleged resaiiatory policy Of ordering
the expulsion Of Americans from China,
referred TO in san francisco dispatch
this morning.