New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-01-26
TIE GEARy CHINESE EXCLUSION BILL.

TIE GEARY CHINESE EXCLUSION BILL
An ARGUMENT UPON ITS CONSTITUTIONAL
COMPARED WITH THE FAMOUS ALIEN LAW
To the FdItor The Tribune
sir: On the c5th day OF Jun. A. d 1875. durng inc
Administration OF the vain and irascibe John Au'.
the Congress OF the United States pas>eu VA
which has been known ever since In history as 'ne
Alien law. II was passed amid great poHucai en-.
c,temcnt and rarity prejudice. The law permitted
TIE President Of the United states 10 arrest "r oner
out Of the country airy alien whom he shouo CON
slider dangerous 20 the country severe penalties
were provided In 81 disnbcierc- Inc ~" WIS
unpopular and contributed not little 10 the over
throw Of the Fcderalists and the election OF JEFFERSON
b, succeed the last Of the Fcdealist PRESIDENTS "'
law WAS never enforced. II was looked upo" '"'"
ms now by the unpcjudccd legal mind as clearly
unconstitutional and II has gone along In history a.
an example Of u foolish outburst of ilconsidercd
legislation without a single successful defender.
on Nav D. 1892. the President Of the United
states approved bill passed 10y the Congress OF inc
United states which Is known as the Geary Dill IN
like the law passed by our errine forefniicrS this
bill seems TO be popular and Is not Without vaiai'
defenders.
Tho Allen law had It's origin In prejudice ana po
lt,caI excitement at period OF infant legislation In
this country: the Gcary BILL 1t Is claimed, IS the on
spring Of statesmanship both. however, are not I'M
Hike IN purpose and will share the place IN our HIS
tory set aside 10 UNCONSTITUTIONAL IcsIsEiuon' IL "'H
new creation does not deserve closer companion
shin when race bias and political intrigue OF The
present day and generation shall In history lay claim
10 It's paternity.
The object Of this law Is plainly to be- seem The
Chinese laborcrs coming In over our borders III
violation Of present laws absolutely forbddng the'r
coming and It was thought good idea TO require
OF Chinese aborers now In this country 10 come
forward with photographs Of identification and reg
sf sheep and the goats, the
bona fde residents from tho border climbers. The
Chinese residents. other than Chinese hb"Ters snch
as merchants, artists, students. etc, arc indirectly
forced TO register also. for the simple reason that u
they do not do so they will be liable to be presumed
to he Iaborers under the act In the absence "f the
registration certificate md forced 10 prove their OF
cupatIon. Tho object and purpose Of this law the
writer does not stop here discuss 1t IS with the
means employed by this act that the writer has In
hand.
The Geary act orders MI Chinese laborers in the
United States. being aliens. to come forward before
May and register or be sent TO prison ana thence
out OF the country. They can be arrested by any
United States customs official. collector OF Internal
rey,nnc or his deputies United States marshal or his
deputies, and taken before n United states Judge.
whose dnty It Is to order them depOrtcd from the
United States after a term OF imprisonment not cx'
ceeding year. II they do not show that they are
innocent Of the accusation against them; that IS. In
the United States This situation raises grave con
sttuonal question These people have not been
met the borders Of our country ana told not to
come In: the contrary. thcy are here under the
protection OF laws and treaties The Government
says these people: II Is true yon are residing In
this country and have been residing here for som"
time with the full permission Of this Nation enjoying
the protection of the laws that are the defence
Of other persons in this great country. but now II
you don't up and register before May next. Into
prison you go and thence out Of the country. We
going to presume you all unlawfully
here. 10 begin with and so you had better get your
proof ready that you innocent. lou shall have
Grand Jury TO investigate your case no petit jury
Oh your trial; all the safeguards Of liberty In III
Constitutional Bin Of Rights shhll be denied you. bc
cause you Chinese and cant vote.
The defenders Of this law answer that this Is
free country. an Independent Nation. aud the right
must exist In the general Government Ia send out Of
the country otherwise punish objectionable aliens
inseparablc from independent nationality. II TIL, pc
sltion granted for the sake Of argument thu
right might exist and yet The remedy be- unconstitu
tional. Wrong remedies only put on the day Of con
mcnt seeks to prohibit the importation Of Chimes"
laborcrs into this country. fhst OF al, the coming
their coming is strictly prohibited. and YET 81 the cry
the outer wall Is sdl they comet Mr.. Grary
ix period within which ali Chimes. Iabores found
this side OF tho borders must come aud register, aud
dogag shall be sent away. In this way those who
climb the borders during the period must prove
their residence prior TO the time fixed for the unaw
fu residence. and those who after the closing
time. which Is May. 1s03. must do tall lying
or ont they go. Those who were here prior 10 the
unlawful mark IN the almanac stay. but they
must come forward and furnish personal dcscripji
three photographs and proof Of residence by two
reputable witnesses. or they VIII go the way Of the
border Jumpers. they must know the law prcsnncs
all Chinese border jumpers until they prove th,ir
innocence. Those Chinese lar0ierS who here
prior To the first day Of May. 1892. here under
lawful treaties. The act OF residing here was no
crime. Can Congress make that residence n crime |
bv saying to this class II don't register your
residence Is unlawful Make that Grim" which. II |
II not for the command 10 register, would De In
noccn and lawful. The prohibitions II the Constltn |
nn forbdding Congress IL pass any bill OF pains ad
penalties eXpost facto laws designed secure the
rights OF citizens and persons against deprivation fr
past conduc. hv legislative enactment. under any
form however disguised. cannot be In this
cold. north wind style This Exclusion net is destined
to he Of short llfc to he succeeded II b.. hy an
other popular enactment IN time 10 mrct the require.
mcnts Of party leaders. II possess the right TO
send these people ont OF the country then let MS
arrest them. accuse them put them trial In a law.
full manner and becomes Il dgnl1cd and enlIchencd
consiitutionn Government: s. j. Kinds.
Fresno. Cal. Jan. :. 1893.