The sun. [volume] (New York [N.Y.]) 1833-1916, 1893-10-22
\ Great Constitutional Question.

Can the Government OF the United States
cXpel or deport aliens fromi:s shores under
any circumstances; after they have once be-
come domiciled here 4?
This great constitutional question was de-
cidedin thcalli rnlative by the Supreme Court
on May Is. 1898. but an effort will soon be
made to secure reversal of this decision
by means OF a reargument or OF some new
proceeding. This danger was pointed out
by Mr.. BARTLETT Of Now York in the de-
butte on the Chinese question in the House
OF Representa- last week.
| The GEARY act. which WAS passed bv
Congress on May ). 1892. provided for the
registration OF Chinese laLorers within tho
| United States, an! FOR the sending back to
| China Of such Cinnamon as should fail to
| register within L year. The famous Chi
nese Six Companies of San Francisco
ordered the Cinnamon not to register and
threatened them with TIE vengeance of the
imperial Government il they should COM
ply with the law. So they waited until
the year expired. and on May last,
in order to test the act. three Chi
nese labOrerS were arrested in this city
by order Of Judge BROWN OF the United
States District Court and thereupon three
writs Of habeaS corpus were granted by
Judge LACOAIBE OF the Circuit Court OF the
United States. The writs were dismissed by
the Court and an appeal was allowed to the
Supreme Court Of the United States. All
the proceedings. from the arrest to the
appeal. took place on one day. May G. 1893.
The case came on for hearing before the
Supreme Court at Washington four days
later. and the great question there argued
was as to the cOnstitutionalty Of the de-
portatlon. Tho majority opinion was rem
dcred by Mr.. Justice HORACE GRAY, and
was concurred in by Justices BLATCIIFoRD.
Brown. JACKSON. and SHIRAs. 1t had
already been held in the Chinese Exclu.
sion ease that the Government of the
United states has the right to exclude
aliens. but IL was claimed that there is a
difference between the power tn shut out
an alien aSd the power to expcl him
Judge GRAY, in his able and c0gent opln.
ion embodyinS the views Of the ajority OF
the court, said
The right OF nation to eNpel deport FOREIGNER.
who have been or taken any stan, In
ward becoming citizens Of tho country rests upon tina
same grounds, and ia absolute and unqualified aa
the right to prohibit and proven their entrance into
the country
Anu LIle 'buEl HhNluR ueteTI1llneu that the |
right to expel aliens Is an inherent right OF |
every independent nation. essential to its |
safety and its welfare. further held that |
Congress could provide n system Of regis |
trat!on and Identification and take all other |
proper means to carry out the system; that |
the proceeding before the Judge to deter
mine whether the Chinaman is a resident
or not Is In no proper sense trial or SEN
tcnce for an offence. and that the order of
deportation is not punishment for crime.
Three Judges dissented: Mr.. Justice
FIELD. Mr.. Chief Justice FULLER, and Mr..
Justice BROWN. These minority Judges
that under the GEARY act there
is no due process OF law; there Is no
speedy and impartial trial by jury: there
is an unreasonable seizure OF the per-
son; and that deportation is cruel
and unusual punishment. But the great
err portion OF the most noteworthy
opinion. that Of Judge STEPHEN j. FIELD.
was devoted to the theory that the power
10 expel an alien is not power delegated
TO the United States by the Federal Con-
and to an attack by him upon the
Alien law OF 1893. which he conceded to be-
IN authority against his view.
Judge FIELD said:
The power OF the Government to dsport from tn.
country persons lawfully domielsd therein by its con
ont and engaged in the ordinary pursuits OF life has
been asserted by the legislative or executive d.
artment, except for crime act OF in view
4 existing or anticipated hostilitss uulsas the Alien
ct OF June 70 l7ss can be considered recognizing
hr, dostrtne"
In no other instance has the deportation OF friendly
liens been advocated lawful measure by any do
Arttnsnt OF our Government" ,
Ia. hnk /,