Facts of the Case
This case comes before us on appeal from an order of the Circuit Court of the United States for the Northern District of California refusing to release the appellant, on a writ of habeas corpus, from his alleged unlawful detention by Capt. Walker, master of the steamship Belgic, lying within the harbor of San Francisco. The appellant is a subject of the Emperor of China, and a laborer by occupation. He resided at San Francisco, California, following his occupation, from sometime in 1875 until June 2, 1887, when he left for China on the steamship Gaelic, having in his possession a certificate in terms entitling him to return to the United States, bearing date on that day, duly issued to him by the collector of customs of the port of San Francisco, pursuant to the provisions of § 4 of the Restriction Act of May 6, 1882, as amended by the Act of July 5, 1884, 22 Stat. 59, c. 126; 23 Stat. 115, c. 220.
Conclusions
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The power of the legislative department of the government to exclude aliens from the United States is an incident of sovereignty which cannot be surrendered by the treaty making power. The Act of October 1, 1888, 25 Stat. 504, c. 1064, excluding Chinese laborers from the United States, was a constitutional exercise of legislative power, and, so far as it conflicted with existing treaties between the United States and China, it operated to that extent to abrogate them as part of the municipal law of the United States.
Is International Law Really Law?
International & National Security Law Practice Group Newsletter - Volume 2, Issue 1, Spring 1998
On September 25, 1997, the International and National Security Law Practice group co-hosted a debate...
