Page:Federal Reporter, 1st Series, Volume 1.djvu/489

IN RH TIBCKCIO PAEEOTT. 4SI �In re Tibuecio Paerott. �(Circuit Court, D. California. March, 1S80.) �TEBATT-MAKisa PowEB. — Uuder section 10, art. 1, of the constitution of the United States, and section 2, art. 2, the treaty-maliing power lias been suiiendered by the sutea to the national govemment, and vested in the president and senate of the United States. �Treaties — Bfpbct of. — Under article 1, the constitution of the United States iind laws made in pursuance thereof, and treaties made under its authority, are the supreme law of the land ; and the judges in every State, both state and national, are bound thereby, anything in the con- ttitution or laws of any state to the contrary notwithstanding. �Chinese Treaty within TRKATY-MAKiNa PowER. — The provisions of articles 6 and 6 of the treaty with China of June 18, 1868, reoognizing the right of the citizens of China to emigrate to the United States for purposes of curiosity, trade and permanent residence, and providing that Chinese subjects residing in the United States shall enjoy the same privileges, iminunities, and exemptions in respect to travel and resi- dence as may be enjoyed by the citizens or subjects of the most favored nations, (16 Stat. 740,) are witliin the treaty-making power conferred by the constitution upon the president and senate, and are valid, and con- stitute a part of the supreme law of the land. �CowsTiTtJTioN OF Oalifornia — Theaty. — Any provision of the constitu- tion or laws of California in conflict with the treaty with China is void. �Section 2 op Art. 19 of thb Constitution op Calipobnia, providing that no corporation formed under the laws of the state shall, directly or indiiectly, in any capacity, employ any Chinese or Mongolian, and re- quiring the legislature to pass sueh laws as may be necessary to enforce the provision, is in conflict with articles 5 and 6 of said treaty with China, and is void. �ACT MAKiNO rr AN Offbncb to Bmfdot CEiNEsœ. — The act of February 13, 18S0, to enforce said article of the constitution making it an olîence for any ofBcer, dircctor, agent, etc., of a corporation to employ Chinese violates the treatj' with China, and is void. �The Peivilegbs and Immunities which, under the treaty, the Chinese are entitled to enjoy to the same extent as enjoyed by the subjects of the mosi favored nation, are ail those rights which are fundamental, and of right Lielong to citizens of ail free governments ; and among them is the right to labor, and to pursue any lawful employment in a lawful manner. �Labok — Propbbtt. — Property is ©verything which has an exchangeable value. Labor is property, and the right to make it available is next in importance to the right to ILfe and liberty. v.l.no.S— 31 ��� �