In The District Court of the Second Judicial District of Washington Territory, holding terms at Tacoma, in and for Pierce County.
In the Matter of the Application for a Writ of Habeas Corpus by certain Chinamen, whose names are hereafter written. PETITION
To The Honorable Frank Allyn, Judge of the above entitled Court:
This Petition of certain Chinamen hereinafter named, respectfully shows:
FIRST.
That your petitioners are unlawfully detained and restrained of their liberty by Captain James Carroll, Master of the steamship "Ancon", now lying at the Port of Tacoma, in Pierce County, Washington Territory, and within the Second Judicial District of said Territory, and within the jurisdiction of this Court; and your petitioners are now on board of said steamship, and are there so detained and restrained of their liberty as aforesaid, and their names are as follows, to-wit:
Ah Gow, Ah Chong, Ah Lum, Lum Cuoy, Chung Chang, Ling Long, Gen Chock, Ah Woo, Say Suoy, Ah John, Ah Chuck, Ah See, Ah Gong, Ah Hong, Gee Chong, Hong Kong, Ah Chuy, Ah Hay, Wing Gay, Sin Wah, Ah Poy, Chen Yook, Lum Hong, Ah Wing, Ah Nam, Ah Suoy, Chung Greng, Chew Ming, and Ah Wai.
SECOND.
That the cause or pretense of such detention and
Your petitioners have been residents of the United States for the term of Five years and more last past, having resided during such time at and about a port or landing known as "Tongas Landing", in the Territory of Alaska; and, on the eleventh day of October, 1888, they took passage on board said steamship for the port of Port Townsend, in Washington Territory, and within the United States of America, that, in due course of said voyage, and without touching at any port or place, the said steamship, with your petitioners on board, arrived at said Port Townsend on the fifteenth day of October, 1888.
THIRD.
That during all of the time between the time of departure from the said Territory of Alaska and until they arrived at said port of Port Townsend, they were on board the said steamship or vessel "Ancon", and which ship or vessel was during all of said time, and is now, an American steamship, duly registered in the Port of San Francisco, and within the United States of America.
FOURTH.
That upon their arrival at said port of Port Townsend, the United States Collector of Customs at said Port, refused to allow them to go ashore, but compelled them to remain on board of said steamship, where they now are; and said Collector further ordered and directed to
FIFTH.
That, as your petitioners are informed and do verily believe, they were prevented from landing at said Port and are now subjected to the restraint of said Master, by and on account of the provisions and terms of a certain Act of the Congress of the United States, known as the "Chinese Exclusion Act", which was passed and approved on the first day of October, 1888, and took effect from and after its passage.
SIXTH.
The preventing of your petitioners to land at said Port and their present detention and the restraint of their liberty, are illegal in this, to-wit:
Your petitioners, prior to the passage of said Act, were residents of the United States of America, and ever since have been and still are residents of said United States, and have never departed therefrom in any manner whatsoever, but have been at all the times here inbefore mentioned, simply going from one Port within the United States of America to another port therein, upon an American vessel, flying an American flag, and without touching or landing at any foreign port or place whatsoever; and your petitioners therefore aver that they are not within the terms or meaning of said Act of Congress, and
WHEREFORE, to be relieved of said unlawful detention and to be liberated from such unlawful restraint, your petitioners pray:
That a Writ of Habeas Corpus, to be directed to the said James Carroll, Master of said steamship, may issue in this behalf, so that your petitioners may be forthwith brought before this Court, or the Judge thereof, at such time and place as the Court or Judge may direct, to do and receive what shall be ordered concerning them.
Mitchell Ashton & Chapman
Attorneys for Petitioners.
