The morning call., 1893-05-11

piled therefor produce the requisite and
satisfactory proof, there was nothing TO
prevent his again applying, and this could
be repeated during the entire year allowed
by law. 1t seems obvious that the pro-
ceedings contemplated by this actare not
criminal proceedings. requiring present
ment by Grand Jury and trial by petty
jury, as prescribed by the constitution.
They are rather the method adopted by
the Politital Department of the Govern
ment To carry out its wishes in the matter
within lis province. and not presenting, as
is thought. any judicial question. These
arrests aud so-called punis hmerts must be,
and. in fact, have been held to be methods
OF detention prescribed by a political
power pending an investigation of the legal
status OF an alien and his deportation If
he is found not entitled to remain.
UNITED States VS.. Wong Sing, 81 F. r.,
70; United States VS.. Hing Quong Chow,
81 f. H., 233; in re All Yuk, So f. R.. 7S1:
in re Ng 10y Hoe, 53 +. r., 914; in re
Sing lie, "a +. r., 334.
The right of expatriation exists as a
question of American policy, aud has
probably by recent treaties become prln-
ciple of international law. International
law recognizes no such person as a wan
dering Jew, or man without country,
owing 10 allegiance or duty to any power.
When he proceeds to the termination OF
his citizenship as an incident to SO doing
he must commence or initiate the aeQuiSi-
tion of another by conduct or positive act.
In other words, allegiance to a sovereign
power is. among civilized nations, the rule
equally of International and divine law.
n m hay n 90 of b.A
foIcible emigration of Acadians who re-
fused TO take tile oath of allegiance. when
Nova Scotia was conquered by the British.
Within the past few years the Frenc ch
republic has furnished another example of
the exercise Of this power by the expulsion
of the Orleans and BonaDarte Princes,
'Aualogies might also be drawn from the
forcible removal by the United States of
Indians. who. for this purpose, as well as in
the exercise Of the treaty-maklng power,
are regarded as aliens.
I'm view of these instances the state
ments of counsel's brief with reference TO
the exercise of this uDdoubted right of
every Independent Government are as
founding. 1t is said that in the time of
henry II law expslling strangers
was passed at the Parliament of Wal
lingford in order to draw away the
Flemings and Pieards who were brought
into the kingdom by the wars of King
Stephen. The rashness of the coun-
sci for the Six Companies will never again
question the souDdness of the propOsiti on
found at the beginning of this branch of
the argument, proposition supported. it
is thought by every leading puolicist on
international laws, and also based upon
decisions of tlis court, and the uniform
contention Of the executive branch of our
GOvernm ent."
In conclusion the Solicitor-General said:
Assuming that maxim that the safety of
the people iS the supreme law, then the
police power in relation TO every subject
of danger must, under our system, rest
either In the States or in the United States
or in the people. If it is assumed that
Chinese alien labor is q public danger
threatening the safety of the people. then
the power to cope with it rests somewhere.
II not in the United States. then 1t rests
in the States or in the people of the United
States. If the latter it occurs to me that
the Chinese residents of this country have
need TO repeat the old prayer that they
may be saved from their friends, or from
their counsel, for ii they can induce the
court to hold that the power does not be-
long to the Federal Government, but rests
in the people of the several States. no per
son can doubt that the States will promptly
rid themselves of their hateful pres
ence by appropriate legislation. Tie
state of the Chinese would then
be worse than now. For while the act
under consideration seeks only to prevent
the preparation of frauds upon the Gov
ernment, any action by the people of a
State most directly affected would proba-
| bly, be drastic in its character, with the pur-
pose, not of protecting the Government
and the duly accredited Chinese. but OF
! expelling entirely from their domain the
| obnoxious race"
j. Hubley Ashton concluded the argu.
ments. traYersing somewhat different
ground. by the argument that the question
| concerned fundamental principles Of
| American constitutional liberty, the righr
to the freedom. property and the pursuit
| of happiness OF many thousands Of per
| sons living and laboring under the protec.
ton of this land. and that it ieopardizet
the friendly international relations be
| tween the United States and China, ant
| the welfare of American citizens and thel
interests in that empire.
The Justices gave no indication by wore
| or look of how they viewed the question
| being argued. Sometimes it is possible Il
| form an idea of the temper of the cour
from the questions propounded, but il wal
not SO to-day. Representative Caminetti
| who was present believes that the act vii
be declared constitutional He deplore:
the fact however. that no California law
yer assisted SolcitoT-General Aldrich, VIII,
did not seem 10 grasp the case as we'll a
he might have done if he had had som,
help from California.
7. d. Riordan did not take an active par
| in the proceedings In court, but was, o
course, of great help to Choate and Evare
of the other side. Choate's argument wa
not especially strong. He said that depor
tation was cruel and unusual punishment
and therefore unconstitutional, and tha
the Chinese had come here for a perma
nent residence and that their deportation
amounted to exile for life. Those in tn,
courtroom who understood that John wa
only here as soiourner had to smile a
this and there was even faint smile oil
Justice Fields face.
| Among the prominent persons in cour
were: Senator Dolpl, Representative Hit
and x-RepresentatiYe Payson of Illinois
Mr. Hit was chairman of the ForeigI
Affairs Committee Of the House In the Fifty
first Congress and in the last Congress AM
strongly opposed The registration act. AL
the Justices of the court were present to
day, except Harlan.
GONE BACK TO CHINA.
Seven Hundred Cinnamon Turn BacI
at Tacoma and Portland.
TACOMA, May 10.-The steapship Vic
toria left for Hong-Kong to-day, carrying
290 Chinese actors and merchants. VIII
had been ordered deported by Coilecto
Wossnn