The American Missionary — Volume 41, No. 4, April, 1887Various
Religion
The American Missionary — Volume 41, No. 4, April, 1887
Various
Congregational churches -- Missions -- Periodicals; Home missions -- Periodicals
BY TREATY STIPULATIONS the Chinese in this country are guaranteed the
same rights and privileges as are accorded the most favored nations.
One Thomas Baldwin was arrested by a United States Marshal for driving
out with force and violence a number of Chinese residents from the town
of Nicolaus, California. The circuit court refused to discharge him
upon a writ of habeas corpus. An appeal was taken to the United States
Supreme Court. The Supreme Court looked the matter through and found
that while the United States Government has the _power_ to provide
for the punishment of those who deprive the Chinese of their treaty
rights, there is no statute law by which it can exercise its power!
The decision of the circuit court was therefore reversed. Justices
Field and Harlan dissented. In a separate opinion, Justice Field held
that if the Chinese could not be protected in their treaty rights,
neither could the subjects or citizens of any other nation. This is a
beautiful attitude for the great United States to be placed in before
the eyes of the world. Making treaties when it has not power to compel
its own citizens to observe them! What a farce. Is it to be supposed
that if this were understood nations would go to the trouble of making
treaties with us? Were the questions at issue about the Chinese raised
in regard to subjects of Great Britain or Germany or any of the first
or even second-class powers of Europe, is it to be supposed that any
such a decision would have been formulated and promulgated by our
Supreme Court? We do not question the ability nor the integrity of our
justices. The probability is that in the _strict_ construction of the
law they are right. But even judges, when put to it, can sometimes find
such latitude in the field of interpretation as to warrant them in
setting aside mere technicalities rather than to allow justice to be
defeated.
That such eminent jurists as Field and Harlan found interpretations
that justified them in dissenting; that the circuit court in California
found reasons for refusing to release Baldwin from custody, would
certainly indicate that the decision is fairly challengeable. It is
a national humiliation. It ought to be so felt by the people. It
would be so felt if regard for right and justice were supreme in the
national heart and conscience. It is to be hoped that this matter
will be brought by the proper authority, as soon as practicable, to
the attention of Congress, and that the United States Government will
speedily be clothed with statutory power to enforce its own treaties.
If this decision shall have the effect of getting us out of the painful
predicament that it reveals our Government to be in, we may reluctantly
accept it as a means of grace. Meanwhile even China is on record as
being far more Christian in her treatment of our people than Christian
America is in its treatment of hers.
* * * * *
Public-domain text, read in full here on John Shaqi.
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