Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-05-16
THE CHINESE CASE
Justice Field Says the Decision is a
Against Constitutional Liberty.
RELATIONS WITH CHINA.
Government Onicials and Representatives
of the Chinese Government Reticent-
Opinions Passed on the Decision - The
Money Required to Carry Out the Law.

The decision Of the United Supreme Court,
printed in The STAR yesterday, declaring the
Geary Chinese law constitutional, was the chief
subject Of discussion last N hit among public
men. The principal dissenting opinion was de-
ivered by Justice Field. A brief outline Of his
views was given in The STAR. In the course
of his long and carefully prepared paper he
said that between legislation for the exclusion
Of Chinese persons-that is, to prevent them
from entering the country-and the legislation
for the deportation Of those who had acquired
a residence in the country under treaty with
China there is a wide and essential difference.
The power Of the government to exclude for
eigners from this country, that is, prevent
them from entering 1t, whenever the public in
forests in its judgment requires such exclusion,
has been repeatedly asserted by the Legislative
and executive departments Of our government
and never denied, but deportation from the
country Of persons lawfully domiciled therein
by permission Of the government and engaged
in the ordinary persuits Of life has never been
asserted by the legislative or executive depart
ments Of the government since its foundation.
except for crime or as an act OF war in view Of
existing or anticipated hostilities, unless the
alien act of 1898 can be considered as recogniz-
ing that doctrine.
'.The act had brief existence. 1t was re-
pealed with the change of administration and
has ever since been the subject of execration.
In no other instance, until the law before Us
was passed, has any public man had the bold
ness to advocate the deportation Of friendly
aliens In time OF peace. And it will surprise
most people to learn that any such dangerous
and despotic power lies in our government
which will authorize it to expel at pleasure, in
time of peace, the whole body OF friendly for
eigners Of any country domiciled herein BY its
permission, power which can be brought into
exercise whenever it may suit the pleasure Of
Congress and be enforced without regard to the
guarantees Of the constitution for the protec-
ton Of the rights Of person and property. Is it
possible thai Congress can at its pleasure, ex-
pei at any time the Irish. German, French and
English people who may have taken up their
residence here on the invitation Of the govern
ment in disregard Of the guarantees Of the
constitution, simply on the ground that they
have not been naturalized?'
Justice Field then went on to show at length
that even i: the object Of the sixth section OF
the Geary act was constitutional the procedure
providing for its accomplishment was not.
AGAINST THE TEACHINGS OF HISTORY.
''The moment" he said, ''any human being
comes within the Jurisdiction Of the United
States, with the consent of the government
anu suCQ CONSENT Will always DC Implied WIen
not expressly withheld, and in the case Of the
Chinese laborers before was in terms given
by treaty-he becomes subject to all their laws
and amena5le to their punishment and entitled
to their protection. Arbitrary and despotic
authority can no more be exercised over them
than over the persons and property Of native
born citizens. They differ only from citizens
in that respect that they can not vote or hold any
public offices. As men having our common
humanity, they are protected by all the guaran-
ties of the Constitution. To hold that they
are subject to any different law or are less pro-
tected in any particular is. in my Judgment,
against the teachings Of our history, the prac-
tice Of our government and the language of our
Constitution.
CRUEL AND UNUSUAL PUNISHMENT.
1.-THE punishment is beyond all reason in its
severity. 1t is out Of all proportions to the al
lenged offense. 1t is cruel and unusual. As to
its cruelty, nothing can exceed q forcible de-
portation from a county of ones residence,
and the breaking up Of all the relations of
friendship, family and business there con-
tracted
81 will not pursue the subject further. The
decision Of the Court and the sanction IL would
give to Legislation depriving resident aliens Of
the guarantees to the constitution fills me with
apprehensions. Those guarantees are of price,
less value to every one resident in the country,
whether citizen or alien. / cannot but regard
the decision rs a blow against constitutional
liberty, when il declares that Congress has the
righ' to disregard the guarantees Of the Consti-
tuition intended for the protection Of all men
domiciled in the country with the consent OF
the government in their rights Of person and
property. How far will its legislation go? The
unnaturalized resident feels 1t today, but If
Congress can disregard the guarantees with re-
spect to any resident Of the country with the
consent Of the government it may dis
regard the guarantees with respect
to naturalized citizens. What ASSURE
ance have We that 1t may not declare
that naturalized citizens Of particular coan.
try cannot remain in the United States after a
certain day unless they have in their possess
sion a certificate that they are of good moral
character and attached to the principles of our
Constitution, which certificate they must OBJ
tain from a collector Of internal revenue upon
the testimony of at least one competent witness
Of a nationality to be designated by the govern
ment?
What answer could the naturalized citizen
in that case make which cannot be urged in
behalf Of the poor and despised Chinese labor
ers Of today?
81 am Of the opinion that the orders Of the
court below should be reversed and that the
petitioners be discharged"
CHIEF JUSTICE FULLER's DISSENT.
Chief Justice Fuller also, as stated in The
STAB, dissented from the opinion Of the court
He denied the soundness of the proposition
that the cases before the court were such as
the political department of the government
alone could deal with. It was, in his view, n
judicial question, and, however reluctant
courts may be to pass upon the constitution
atty of legislative acts 1t was the very essence
OF judicial duty to do SO when the discharge of
that duty was properly imposed upon it. He
entertained no doubt that the provisions OF the
fifth and fourteenth amendments we're universal
in their application, and that while the general
government was invested, so far as foreign coun-
tries were concerned, with all the powers
necessary to the maintenance o. its absolute
independence and security. it could not in vir-
tue Of a supposed inherent sovereignty abso-
lutely deal with persons lawfully and peace
fully within its domain. The act before the
court was not an act to abrogate or repeal
treaty nor to expel Cinnamon lawfully here,
and no such intent could be imputed to Con-
gress. Its object was to prescribe method of
registration, and the deportation denounced by
way of punishment was, in his view, an unusual
punishment not authorized by the Constitu-
ton.
REHEAR1NG DENIED.
After the court had concluded announcement
Of opinions ]. Hubley Ashton of counsel for
the Chinese moved for a rehearing of the case
and an argument before full bench at the
next term. At present the court stands five to
three in support Of the law, Justice Harlan
being absent
The court took short recess to consider the
motion. After the recess the court denied the