The morning call., 1893-05-16

deported unless he shall establish clearly
to the satisfaction of the Judge that by
reason OF unavoidable cause he has been
unable to secure a certificate. and that he
was resident of the United States at the
time of the passage of the act. Now, If he
does not produce any such evidence the
court proceeds to issue an order that
he shall be removed. If he produces
such evidence as the act provides he
may produce. the court proceeds to
near that evidence, and if it finds
that the Collector unlawfuly declined
TO give him a certificate. it may
grant him one provided it is satisfied that
he was here when the act was passed. No
formal proceedings are required and none
are necessary. The executive officer
brings the person before the court. The
question the cOurt is 10 decide is the fact,
and the burden of proof is on the party
vino Is brought there. On the question OF
whether he has resided in the country he
must produce one credible white witness.
Those provisions seem to us to be within
the authority of the Legislator to deter
mine ordinarily. The Legislature has the
right 10 prescribe what evidence, and the
effect of il, the burden of proof and the
competency of evidence which shall be
admitted. 1t is within its power to provide
that this man who has been year without
getting certificate shall prove whyhe has
not received one. 1t has right to define
what witnesses shall be subpenaed be-
cause that is within the general legislative
power. 1t is done under one of the
naturalization laws, where persons are re-
qured TO prove a residence of five years
past before the naturalization application
was made and do prove 1t by citizens Of
the United States.
On the question of admitting to citizen
ship. Congress said: I'VE will have citi-
zens 10 prove whether aliens have resided
so as to be- entitled to remain, aud we will
have white persons" in either case not ad-
mitting the testimony of persons of the
same class as those who have the right to
become citizens or to remain here.
1t seems to us to be within the power of
Congress to provide as it has done with
reference TO the Chinese. What Congress
has done is not TO provide for the defini-
ton of any crime in this section OF the
statute nor 10 provide any punishment in
any just sense. 1t simply provides that
the persons in question shall be sent out
Of the country TO the place from which
they came or, otherwise. to their national
home. 1t provides not for an adjudication
of crimes, but simply for an ascertaIument
of the conditions on which Congress has
prescribed d that it considers it unsuitable
for the public welfare that these persons
shall remain here. | may say, moreover,
that the reason. perhaps. why the provision
was introduced requiring that the witness
as to the Chinese having formerly lived
here should be white witness, was because
of the disregard or want of appreciation
of the solemn nature Of an oath by per-
sons of the same class as the Chinese
brought before the Judge.
Then. it is to be remembered that Chi
nese cannot be naturalized under our laws
where they are not born here. They cam
not become part Of the people OF the
United States in the sense of being citi-
zens. They are aliens. Doubtless they
are entitled in certain sense TO tie secur-
ity and safeguards of the constitution and
laws In all controversies arising between
them and other persons in such manner as