Speech #530025332

That is the distinction. I have already said that I believe that proceedings under the fifth section of the old law are judicial and criminal in their character. and thit under that section the accused is entitled to his trial by jury and other rights under a judicial due process of law. This power which we claim to exercise under the provisions of these Chinese exclusion laws is a necessary power retained by the Government under all circumstances for its own defense. The decision of Judge Fieldhis dissdnting opinion in the last cases before the court. in volume 149. United States Reports. which has been quoted here frequently as being characterized by a wise philanthropy and a wide and sublime statesmanship. which does not appertain to the opinion of the courtthe decision of Judge Field in Choe Chan Pings case. 130 United States Reports. declares that this power of absolute exclusion is a political power. that no treaty can take from the Government the inalienable right and power to repudiate a treaty whenever it may be necessary to do so for the common good.