The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-05-16
THE CHINESE MUST GO.
The Supreme Court Declares the
Exclusion Law Constitutional.
FHREE OF THE JUSTICES DISSENT.


! soribes IL as Inhuman and Chief JUS
!, sice Fuller AssaiIs tho Deportation
= Ciauss.- - ~
WASHINGTON, May 10. 21& ssipfen,s
eourt Of the United Statep affirmed tho
constitutionality of the Geary Chinese ex-
ciusion md registration act. The opinion
was announced by Justice Gray, Justice
Brewer dissenting.
Justice Gray, in announcing the judg
ment Of the ccyrt, said that the power Of
this nation to restrict or prohibit the i'm
migration of any aliens into the country,
or to require such aliens in the country to
remove therefrom, was a well settled prin-
cipal of internal law, and was confirmed
by an unbroken line of decisions in this
court The legislative power Of the gov
ernment had not transcended any Of its
constitutional limitations in the act under
consideration. It wns within its power to
determine the regulations under which
these aliens should be permitted to remain
In the United States; or, falling to observe
these regulations, they should berequired
TO leave the country.
= 1t has been settled in two cases that the
power of exclusion may be vested in exec
utive officers, and the aid of the judiciary
might be invoked 1t was no new thing
Az PubilC ihW luhlltTb 10 DC executive
and political in the first instance and then
take judicial force as the department
might direct.
The courts have no authority to revise
tho decisions or the action and effect in
these cases except SO far ms provision has
bean madc' by law. Tho treaties with
China provided originally for very free in
tcroourse. That was in 1859 Then it was
fuund that 1t was necessary to have more
power for the convenient regulation of this
matter, and the subsequent treaties more
dtstinctly recognized, as contemplated by
The contracting parties, the power to reg
ulate the entrance OF Chinese into this
country. II congress makes a law incon-
sistent with treaty it may give foreign
nation rightto complain and to take such
pcsion as 10 may deem for it's own interest,
hut the duty of the courts of the United
6sntcs Is clear, ana they must recognize it.
nDrue.
At the conclusion Of Justice Gray's opiu-
Ion Justice Brewer announced that he felt
compelled to dissent from the view Of the
majority Of the court. He read his views
assomc length, declaring in substance that
this act OF 1892 was unconstitutional ard
That IL it wera upheld there was no guar
antee that similar treatment might not be
nccorded to Other classes Of our population
thsn the Chinese.
Justice Field, who delivered the opinion
OF she supreme court Of the United States
IN the first case under the exclusion act,
Also read dissenting opinion. He held
chat there was a wide difference between
exclusion of immigrants and the deporta-
tiou Of alien residents, and he character
tEsd the act In the strongest language as
hihuman and brutal, and as violative Of
the constitution in every section. He re-
Grtted to say that the decision of the
court was to his mind fraught with the
grzvest dangers to the priceless liberties Of
The people.
Chief Justice Fuller also dissented from
che opinion of tho court. In his dissenting
opinion the chief Justice denied the sound.
mess of the proposition that the cases be-
fore the court were such as the political
tepRrtmc of the government alone could
deal with. 1t was, in his view, u judicial
question, and however reluctant courts
may be to pass upon the eonstitutionality
N legislative acts, it was the very essence
nj judicial duty to do so when the dis
pbsrge OF that duty was properly imposed
hpOn it. The act before the court was not
m act to abrogate or repeal a treaty norto
sxpel Cinnamon lawfully here, and no
such intent could be imputed to congress.
It's object was to prescribe method of
registration, and deportation by way OF
punishment was, In his view, an unusual
punishment not authorized by tho consti-
tuition
No orders had been issued at the treasury
department at the close of business yester-
day ca to the deporting of Chinese under
thu tieary act The instructions under
which collectors of internal revenue and
United States marshals are now operating.
fH nal-a .E.
istared Cinnamon until further orders.
These orders may be given today after the
cabinet meeting or deferred for longer
psTiod.
Conservative estimate placer the amount
necessary to deport the unregistered Chi
nese at SO. 100000 The suggestion is made
In official circles here that Chinese unreg-
tstercd may now go to the courts and ask
TO be allowed to register and remain in
this country.
At the Chinese legation the Chinese
minister courteously dI Iclined to express
any opinion upon the decision of the court
Or TO give any intimation as to the course
his government might deem proper TO
adopt under the circumstances. He es-
pecially declined to say anything upon the
alleged retaliatory policy of using the ex-
pulsion Of Americans from China
During the present fiscal year $50 Chinese
gubjects have been deported The cost of
deportation from San Francisco is S35 per
band. Only 80, $4,000 of the appropriation
Tor the enforcement of the Chinese law re-
maius unexpended. This amount will 60
but small way towards paying the ex.
penses Of deporting the 104, 900 who have
not registered. 1t is not known at the
treasury department that any other fund
can be drawn upon to provide for the ex.
panse of carrying out the requirements of
the law. 1ntimations are heard that con-
gress may be convened to consider the
matter.
In any view of the case, treasury officers
axpect to experience great difficulty in
carrying out the mandate of the law that
Tho Chinese must 60" They look to the
cabinet to solve the problem. The appro-
priution for the fiscal year 1892 93 to en-
force the Chinese law is 2100, co.,
Mr. ii. j. May, counsellor TO the Chinese
legation, said this forenoon that the con-
test against the law would doubtless be
transferred to congress when it meets in
the fall. Under present conditions it will
be impossible for the officials to execute
the law literally, because there is practi-
eally no money with which to carry its
provisions into effect. 1t was an unfortu-
nate and deplorable condition of affairs, he
said, which Threatened the existence of
peaceful and peaceable relations of China
and the United States, and left hundreds
Of natives of each country in the territory
OF the other, practically hostages for each
other.
-Four Yachtsmen nrovne5