The Bessemer indicator., 1893-05-20
THE CHINESE MUST GO.
The Supreme Court Says the uears Law
Is Constitutional.

Tho Supreme Court of the United States on
the 18th affirmed the consiIiutonality Of the
Gerry Chinese exclusion and registration act
The opinion was announced by Justice Gray,
Justices Brewer, Field and Fuller dissenting.
The announcement that a decision in tn C
case was expected attracted large attend
ance of spectators, and the fact that 1t was
the last day OF the term accounted for the
presence Of an unusual large array of attor-
neys within the bar, including Attorney Gen
eral olney. Solicitor General Aldrlch, Hena-
tor Pugh, Dnlph and Cockrcll, eS-Jrstice
Strong and several members of the diplomatic
eorps were interested spectators
Justice Gray, in announcing the Judgment
OF tho court, said that the power OF this ns-
ton to rcstrie, or prohibit the immigration of
aliens into the United States, or TO require
such allen. already In the country to remove
therefron, was a well settled principle OF in
tcrnaiional law aud was confirmed by an un-
broken line Of decisions in this court.
The legislative power o. the government
had not transcribed any OF its constitutional
limitations in the act indc. consideration. II
was within lta power to determine the fegula
tious under which these aliens should be per-
mltted 10 remain In the United States, or,
failing 10 observe these regulations, they
should be required 10 leave the country. The
provisions OF section six OF the act the part
OF the law particularly at Issue, were not In
consistent with the relations and duties of the
Legislative and Judicial departments OF tho
soyeinmeht Tic rode OF procedure set
forth in the action IL similar to that 10 other
~"'l established proceedings, such as the
habeas corpus aud naturalization, fixing the
requirements Of citizenship and the like, In
which the judicial branch of the government
accepted the determination of the legislative
IpOn the questions Involved
At th- conclusion of Justice Gra''s or rinlrn
Justice Brewer announced that he felt com
PEELED to dissent from the viov OF tbc major
ty OF the coart. He read his vicws at some
length declaring in substance that the act Of
1882 Wa unconstitutional, and that II 1t were
upheld there was guarantee that sim lar
treatmen, might not be accorded to othe-
.l-s-es ~ o.r population thar Tie Ghlfrs4
Just'ce Field who delivered tile opii!ou -
the Supreme Court of the United States IN
the first case under the exclusion act also
read dissenting opinion. lie held that
there was wide difference between exclusion
OF Immigrant. and the deportation Of allen
residents and he characterized the act In the
sironees. language "a !nhuman and brutal,
and as violatiye to Inc constitution 10 c'cfF
section. lie regretted to say that to his
mind the decision Of the court was trnught
with the sravost dangers to tie priceless CON
sttutlonal liberties of the people,
Chief Justice Fuller also disseGtel from
the opinion Of tho court,
In his dissenting opinion, the chief justice
denied the soundncss of the propositlsn that
,h- cares brfore the court were -r.h ar the
political department OF the government alone
could deal with. It was in his view judicial
question: and how reluctant courts may he 30
pass upon the constiiutionnlity Of legislative
acts. It was the very essence Of judicial iuiy
to do so when :he discharge OF that duty
was properly imposed upon II, He entertain.
cd no doubt that the provisions Of the fifth
and fourteenth amendments WIRE universal
10 their application and that while tie gcn-
eral government was invested, SO far as fer
eigu countries were concerned, With al tie
/ powers necessary to the maintenance % is
absolute independence and security. IL eo..ii
not, In virtue Of it's supposed inherent soyer-
elgu.T sbsoln:ei" deal WIRE persons lawfully
aud peacefully within its domain. The act
was not an act 10 abrogaie or repeal treaty,
nor to eKpcl Cinnamon unlawfuly here, and
no such inten. could he imputed TO Congress.
/ lis object was to prescribe method o. regis.
trRtion, and the deportation by way OF pun'sL-
msnt vas, IN bis view. IN unuspa. punish.
incni, not authorized by the Constitution.
After the court had concluded announce.
ment Of opinions. Mr. J. II. Ashton OF toe
counsel for the Chinese, moved for y rehcar-
ing Of the case nnd argument leforc n full
bench at the next term. AT present the court
stands five to three In support OF the law,
Justice Harlan being absent, tie effect OF
which is to postpone, until thc motion 4.
acted upon, any proceeding under the iuds.
mcnt Of the court.