by John Marshall Harlan

“ Like principles must control when the question is whether an act of Congress has been superseded in whole or in part by a subsequent treaty. A statute enacted by Congress expresses the will of the people of the United States in the most solemn form. If not repugnant to the Constitution, it is made by that instrument a part of the supreme law of the land, and should never be held to be displaced by a treaty, subsequently concluded, unless it is impossible for both to stand together and be enforced. ”

“ China itself recognized it to be its duty to co-operate with the United States to that end, 'in view of the antagonism and much deprecated and serious disorders to which the presence of Chinese laborers has given rise in certain parts of the United States.' As both countries were agreed that this result should be attained, the court ought to hesitate to adopt any construction of the treaty that would tend to defeat the object each had in view. ”

“ By the preamble of the act of May 6th, 1882, chap. 126, it was declared that in the opinion of the government of the United States the coming of Chinese laborers to this country endangered the good order of certain localities within our territory. ”