Chew Heong v. United States
Chew Heong v. United States is a significant Supreme Court case stemming from the restrictive immigration policies of the late 19th century, particularly the Chinese Exclusion Act of 1882 and its amendments. In 1884, Congress mandated that Chinese laborers leaving the U.S. must obtain reentry certificates to return, a requirement that Chew Heong, who had left in 1881, did not meet upon his return. Denied landing due to this lack of documentation, Heong challenged the decision in federal court, arguing that it violated the privileges guaranteed by a treaty between the U.S. and China established in 1880.
The Supreme Court ultimately sided with Heong in a 7-2 decision, emphasizing two key points. First, it held that Heong was eligible for the certificate he was denied, and second, that the denial of his return conflicted with the existing treaty. The ruling highlighted the importance of treaty obligations and the need for clear legislative intent to override such agreements. This case not only reflects the legal battles faced by Chinese immigrants during this era but also underscores broader themes of immigration rights and the interpretation of treaties in U.S. law.
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Subject Terms
Chew Heong v. United States
The Case: U.S. Supreme Court decision on treaty rights
Date: Decided on December 8, 1884
Significance:In the first of the Supreme Court’s Chinese exclusion cases, the Chew Heong decision affirmed that a Chinese citizen had the benefit of rights promised in treaties with China unless the treaties had been clearly and explicitly repealed by Congress.
In an 1884 amendment to the Chinese Exclusion Act of 1882, Congress required Chinese laborers residing in the United States to obtain reentry certificates if they left the country with the intention to return. Chew Heong, who left in 1881, returned not long after the amendment went into effect. Lacking the certificate, he was denied permission to land. In response, he challenged the denial in federal court on the ground that it violated privileges guaranteed under a treaty made between the United States and China in 1880.
The Supreme Court, by a 7-2 vote, ruled in Heong’s favor. Writing for the majority, Justice John Marshall Harlan addressed two major arguments. First, Heong was qualified to obtain a certificate, and he could not be required to do what had been impossible for him to do. Second, the denial of his right to return contradicted a treaty with China. Unless Congress had unambiguously expressed its intent to repeal the relevant part of the treaty, established rules of construction required the Court to attempt to reconcile the treaty with the legislation.
Bibliography
Chang, Iris. The Chinese in America: A Narrative History. New York: Viking Press, 2003.
McClain, Charles J. In Search of Equality: The Chinese Struggle Against Discrimination in Nineteenth-Century America. Berkeley: University of California Press, 1994.