Speech #530033879

In case a Chinese happens to be a citizen of another country than China. we have undertaken to deport him to that country of which he may claim and prove himself to be a citizen. In the anxiety to get rid of these people the framers of the legislation of 1892. while they repuditted our treaty obligations with China. were not careful of our obligations to other countries. Absolute is the provision that when the Chinese is convicted and adjudged to be unlawfully here. when by treaty with Great Britain he had a right to be here. if he was a subject of that country. he shall be deported to Great Britain. or such other country of which he may be a subject. raising at once questions between us and other nations with whom we have no interest or desire to be entangled in any such controversy. But the proviso adds an iniquity to that to which I have just called the attention of the Senate. It provides in substance that if the other country of which the Chinese has established himself to be a citizen lays any tax or head money upon him. he shall be deportedwhere?. Not to the country to which he owes allegiance. but he shall be deported to China. a realm which he has abjured. that he shall be banished to the country from which he originally came. What will be the effect? Great Britain acquired Hongkong in 1841. It is an island off the coast of China. and contains about 25 square miles. It has about 220.000 people. Every Chinese born in Hongkong since the acquisition of that island by the British Government is a subject of Great Britain. and it is said (I know not with how much accuracy. though to a certain degree it must be true) that a large part of the Chinese immigration to the United States has come from Hongkong. so that in this respect we deal. or propose to deal. not only with the Empire of China. but with Great Britain or other countries with whom Chinese may have. and doubtless have. assumed the relations of citizenship. Passing on to section 3: That any Chinese person or person of Chinese descent arrested under the provision of this act or the acts hereby extended shall be adjudgedNote the judicial phraseologyto be nmlawfully within theUnited States. unless such person shall establish. by affirmative proof. to the satisfaction of such Justice. judge. or commissioner. his lawful right to remain in the United States. Now. that measure of proof applies not only to deportation proceedings but to criminal proceedings. strictly defined to be such in the body of the act. whereby sentence is to follow judicial proceedings. Whoever heard. whoever saw. in any other legislation than this. that aman accused of that which is in substance a crime. of which he must be convicted by some process or other. shall be adjudged guilty unless he shall affirmatively prove by a preponderance of testimony sufficient to remove the legal presumption of guilt. that he is an innocent man? Thereis no such law elsewhere in Christendom. and it would disgrace Morocco.