New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-05-16

That act vested in tho President power 70 ofuer q"
such aliens AZ he addgc dangerous 70 the pessc
and safety United States snoud have reasons'
grounds suspect concerned in any treaschso' "
Vaccinations against the Government TO depart os
Of the territory Of the United states w'thh s"'n guy
should he expressed In his order Tho passage :" "s 80
prcduced great excitement throughout the county ana
severely denounced many 81 ts abeet s'a"s"e'' "
urssss unconstitutional and bafbarous ana AMONG .a
tho great names OF JcHersen ana Madison honora e"
rcved for their lifelong devotion to the principles OF con
stituonal liberty. IL was Defended by us aa'v'a. 10
war measure John Adams the President Of the 'nted
states the time. who approved the OIL anu AGAINST
whom responsibility for It's passage was s""s
In his correspondence that the oi was ihehaeu Us
measure Of that chancter... Nei. n !" MS "orAs.
3gi The State Of virginia denounced III sever, tcrns
Msssschuts In answer virenia's action SAID the re-
naval AZ aliens is the usual preliminary OF hostiltcs ana
justified by the my ariabe Of nstions Actual hos
Titles had unhappily been long experienced and formal
declaration Of the Government had reason daily 70 cN
peet a Eaiiosts Debates. 5S5)
The act had brief existence. II repealed with
the change Administration and has ever since been the
subject Of exccas;on. In no othen instance until the
lsw before passed., has any public man had The
badness n advocate the department OF friendly aliens
IN sine Of PEACE l repeat the statement that In no
other the depoament OF friendly aliens been
advocated as lawful measure by any department OF
ouv Government Ana IL will surprise most people N
learn that any dangerous ami despotic power lies
in our Government which viii authorize 10 10 expe AZ
pleasure, time OF peace the whole BODY OF riena'
Foreigners any country domeied herein by It's per-
n.sicu, . power which be brought into exercise
whenever IL may the pleasure Of Congress ana De
enforced without regard to the guarantees OF the Con-
sution protection Of the rights Of person anu
property. Is it possible that Congress can, at its
pleasure cxpel at any time the Irish German French
and English people who may have taken up tnelr
residence here the invitation of the Government !"
disregard to guarantees o. tire CONSTITUTION Simply
on the ground that they have not been nstufahIeof
qhe-> are MANY thousands OF Chinese laboers who came
40 the country resided undcr the add'tionai art
Giles OF the adopted in 1885, and were In the county
the time Of the adoption OF the aooi'oha' .e"s "
November 1890 To these aborcrs thus lawfully win
the limits of the United States Section of the act Oh
May s. 1897 relates. The purpose OF this action was 10
secure the means OF readily Distinguishing the Chhes'
present in the country and entitled 10 remain rom
thos. who may have candesney entered the country III
violation Of IL, Those e1ttci to remain Dv hSNhs
ethcata OF their Identification would enable the ohces
a, the Government readily discover and bring to puh'
men those not enter 10 procure such Ger
WAS no. hardship the iaborers but means 70
secure full protection them and at the same time pr
vent an evasion OF the law
This object being constitutional the only question for
any is the lawfuness OF the pfocedur. pro
yided for its accomplishment and tha. must b. tested o
the provision OF the legislation and laws INTENDED of inc
protection Of all persons against ehcroachmcn upon e
rights Aliens domiciled within the county Oy It's
eon sent arc entitled 70 all for the protection
OF their persons and property which secured to naive
horn The moment hunin being cones within
the jurisdiction Of the United States with the consent OF
the such consent will always be Implied
when hot expressly withheld. ard in the case oil the
Chinese laborcrs before in terms give" y treaty.
he becomes subject all their laws and anienabe TO her
punishment and entitled their protection Aroitfary
dcspctc authority more BE- exercised over e
with reference and Drop rty than over h
persons property Of nativebon citizehs 1heS uef
only citizens that respect that theS eshho' 'o'c VI
hold any public onices- As men having our common
humanity they protected by all the guarantees Of the
Constitution To hold that they are subject 70 any
different law less protected in any par'icuiaf'
n In nv Judgment against the teachings OF our hiso'
nd tho
Constitution. ., l., a..
utterly dissent and reject the doctrine IN 'ne
opinion of the majority that Congress might nave aree1
any Chinese laborer within the United states ~i'nou
certificate residence to be removed out OF the country W
executive ouucers without judicial trial exaination Ius
a It might authorized such officers Absolutely 10
prevent their into the country An ares' ior
that purpose could not be reasonable SEIZURE oil INC ~
~ Within the meaning OF the fourth article Of the amend
men: to the Constitution IT would be brutal ana op
uessve Tho OF the power thus stated Is only
consistent with admission tAat the Government Is one
Of unlimited despote far as Aliens dsmcea
IN the country concerned Acting on this suthsriy
Cansrsss might ordered executive officers to take s
Chinese aboess the and put them int" Goat
and set them sdrft; might have ordered execuAve
officers to take the borders OF Mexico and turn
them loose there and in both cases without any means OF
support indeed. 1t might have sanctioned .'wsr' noe
.boeSs the most shocking brutality conceivable utterly
reprdiae all such notions. and reply that brutality IN
or cruelty not elements In any procedure Ter
tho enforcement Of any laws Of the United states 80
az on inaunous character might have been imposed
Without pictment; but not now, unless we hold that
though domicilcd by tie consent Of the Govern
Ycat the country, is Withdrawn from all the guarantees
Of due process law prescribed b. the Constitution when
charged an offence to which the punishment
designated is affixed The punishment is beyond all reason
severity II IS out of all proportion 10 the alleged
IL cruel and unusual AS to its cruelty MOTH
inr can exceed forcibe deportation from country OF
ene residence and the brcaking Of oil the relations
Of friendship family and business there contracted
I will not pursue the subject further. The decision
Il Court and the sanction II would give to legislation
deriving resident OF the guarantees Of the Con-
stitunon ILLS with apprehension These guarantees
priceless value resident In the country
whether alien. cannot but regard the decision
ss blow against Constitutional liberty when declares
that Congress right disregard the guarantees
Of the Consultation intended for the protection Of all
domced In country with the consent of the Govern
fent Ia their rights Of person and property How far
will its legislation 50? The unnatural!zed resident feels
il to-day but Congress disregard the guarantees
with respect any resident OF the country with the
sent Of Government disregard the guarantees
with respect natuazed citizens What have
that 10 nay declare that natufalizcd citizens OF
particular country cannot rcnein in the United States
afer unless they have in their possession
osfncste that they OF g9od neral character anu at
tsohed to the principles OF Constitution. which
uneate they obtain from collector OF internal rev.
enus upon testimony Of at least one competent witness
II Q nationality to be designated BY the COY efhmeh''
What answer could the noturaized citizen in that case
,nshe which cannot be urged behalf Of the poor and
d.spised Chinese iaborcrs OF to-day
Of the opinion That the orders oil the cour. oei'
reversed and that the petitioners oe
Chief Justice Fuller also dissented ron '''e
opinion of the court lie denied the soundness OF 'he
proposition that the before the court were sach
as the political department @ the Government alone
could deal with. II was, IN us view !uoicisi
question, and however reluctant courts may DO 70
pass upon the constitutionalty OF legislative acts
wss the very essence Of judcsl duty to DO so when
the discharge Of that duty properly imposed upon
II. lie entertained doubt that the provisions OF
the vth and Xlvth Amendments were universal In
Heir application. and that while the Genera Govern
mont was invested fer as foreign countries were
concerned with all the necessary 10 the MAN.
tensnce Of its absolute Independence and security
could not IN virtue supposed inherent sovereignty
absolutely deal with persons lawfully and peacefully
within It's domain The act before the court WAS