Orange Jacobs

Writs of Habeas Corpus were granted to the Chinamen, and, no cause for their restraint appearing, they were discharged.

In these circumstances it was resolved by quite a large but irresponsible faction that the Chinese must go; and a notice was served upon them fixing the time of their required departure.

In fact, the Chinamen were a quiet and peaceable folk, engaged in the more humble occupations of life.

They sprang from race prejudice and political madness.

Court convened in a few days and Judge Greene gave the grand jury a well-prepared, able and elaborate charge, stating that everyone who participated in, or counselled, or advised, or actually performed the acts resulting in the death of…

The man who had thrown the theater-curtain over the Judge's head was asked why he did so; his answer was, that Justice ought to be blind, on such an occasion especially.

White, who was present, made a clear, earnest and forcible speech in favor of the proposition, and it was carried by a good majority.

Knowing that the sheriff was a man of nerve and courage, and fearless in the discharge of his official duty I dreaded the result of such an undertaking, and I finally consented to go.

They told me that they had just left the crowd at the engine-house, and that the determination was fast approaching unity, and, if its culmination was not prevented, the captured men would be taken out of the jail and hung that night.

I saw that so firm was the conviction that the parties arrested and in the rightful custody of the sheriff, were the guilty parties, that if the populace could get hold of them they would be strung up, without examination or trial.

We quickly formed ourselves into a Committee of Ways and Means, and resolved to spare no expense, nor to omit any means for the apprehension and punishment of the guilty parties.

I have never been a believer in Divine interposition or impulsions, but I must confess that on that fatal evening, and on a few other occasions my rationalism was somewhat shaken.

Especially, is this true when the furore of the populace is not based on race, or class prejudice, or the frenzy of religion, or party madness; but has only for its ultimate, the security of person, property and habitation.

It is of the very essence of general laws, at least, that they should be uniform and universal.

Reverse the circumstances and let British Columbia attempt to extend its taxing power over that island, and our government would resist the insult with all its military power.

Its attempted exercise would have been resisted with all the power of Great Britain.

The rightful exercise of such a power would have been decisive of the controversy, or rather it would have been exclusive of any rightful claim to controversy.

It would in fact have given the territorial legislature a veto on the treaty-making power of the government.

To have permitted all the laws of the territorial legislature to have gone to the island would have resulted in the nullification of the convention.

Especially, should such be the case when the order emanates from the highest functionary of the military department, and has been long sanctioned, at least by the acquiescence of every other department of government.

I am not contending for the doctrine that a military order is absolutely conclusive upon the courts, but it is always entitled to respectful consideration and will be presumed lawful until the contrary is shown.

The alternative then is presented, either that their exclusion by force has been rightful, or that the military department has been guilty of a gross usurpation.

The high seas are in the joint possession of all the nations, and yet every nation punishes its own subjects for crimes committed there.

The power to suspend or modify must exist somewhere, or in the case of disputed jurisdiction, there could be no treaty or conventions.

It might be very competent and very proper in the accomplishment of the object in view, for the treaty-making power to suspend the operations of all laws for the punishment of offenders save in the cases where the acts were crimes, by the…