Nan Oy v. Territory of Washington

In the District Court of the Third Judicial District of Washington Territory, Holding Terms at Seattle, in the County of King.

In the Matter of the Petition for writ of Habeas Corpus for the person of Nan Oy a Chinese woman

Upon the reading and consideration of the matters set forth in the petition of Ah Kam for a writ of Habeas Corpus herein, it is considered by the Court that said writ be granted.

The alleged cause of the restraint of the said Nan Oy, wife of this Petitioner by said F. P. Loftus, United States Deputy Marshall aforesaid is that said Nan Oy, wife of this Petitioner as aforesaid attempted to come to your Petitioners house in the City of Seattle, King County, Washington Territory, from said City of Victoria, British Columbia When said Nan Oy arrived at the City of Port Townsend in Washington Territory, she, the said Nan Oy, was seized and restrained of her liberty by F. P. Loftus, Dep. United States Marshall aforesaid, and she is still held in custody by him and is deprived of and restrained of her liberty by said United States Marshall and he threatens to send her, the said Nan Oy, back to Victoria, British Columbia.

Your Petitioner says that said restraint of said Nan Oy by said F. P. Loftus, Deputy United States Marshall is illegal in this, that said Nan Oy is entitled as the wife of your Petitioner to come to the house of her husband, your Petitioner, in the said City of Seattle, because he is a merchant

and entitled to reside in the United States of America and to have his said wife reside with him.

Wherefore your Petitioner prays that a writ of habeas corpus issue, directing said F. P. Loftus to bring said Nan Oy into Court.

Jacobs & Jenner Attorneys for Petitioner.

[Signature in Chinese Script] Ah Kam.

Territory of Washington
County of King. ss

Ah Kam being first duly sworn upon oath deposes and says I am the Petitioner named in the foregoing petition. I have heard the same read and know the contents thereof, and I believe the same to be true.

[Signature in Chinese Script] Ah Kam.

Subscribed and sworn to Before me this 20th Day of February A.D. 1888 ss.

H. J. Jacobs
Notary Public

In the District Court, Of the Third Judicial District of Washington Territory, holding Terms at Seattle, for the County of King.

Habeas Corpus.

The People of the United States of America, to the Sheriff of King County Greeting:

We command you, that you have the body of Nan Oy, by you imprisoned and detained as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name said Nan Oy shall be called or charged, before the Hon. R A Jones, Judge of the aforesaid Court at the Court house in Seattle W.T. on the 21st day of Feby 1888 at the hour of 9.30 AM to do and receive what shall then and there be considered concerning the said Nan OyAnd have you then and there this writ.

Witness the Hon. R A Jones, Judge of said District Court, and the seal thereof this 20th day of Feby A.D. 1888

W E Ledgewood, Clerk.

United States of America 
Third Judicial Dist of Was Terry SS

To the Marshal of the Dist of Wash Terry

Whereas ______ in behalf of the United States has made complaint on oath to me the undersigned a commissioner appointed by the Supreme Court of the Terry of Washington for the third Judicial Dist of said Terry to take acknowledgement of bail and affidavits and also to take deposition of witnesses in civil cases charging the ______ did on or about the 20" day of Feby AD 1888 at Port Townsend Jefferson County and Terry of Washington did unlawfully enter the territory of the United States she being then and there a citizen of the Empire of China and prohibited from entering the Territory of the United States by Act of Congress known as the Chinese restriction act and being against the

the peace and dignity of the United States and contrary to the Statute in such case made and provided

Now therefore you are hereby commanded in the name of the United States of America to apprehend the said N Gon Oi and bring her body forthwith before me or before some other proper officer authorized by law to arrest imprison and bail for crimes and offences against the United States wherever found in your district that she may then and there be dealt with according to law for said offence and have you then and there this writ

Given under my hand and seal this 20" day of Feby AD 1888

Oliver Wood
US Commissioner

Marshals Fees:
Service warrant 2.
Transp. self and prisoner
Pt. Townsend to Seattle W.T.
60 miles at 10 cts  12.
$14.00

District of Washington Territory ss

I, T. J. Hamilton, U.S. Marshal for Washington Territory, do hereby certify that as commanded by the within writ. I apprehended the within named N. Gon Oi at Pt. Townsend W.T. on the 20" day of February 1888 and took her before the Hon. R. A. Jones, Judge of the District Court of the Third Judicial District of Washington Territory at Seattle W.T.

T. J. Hamilton U.S. Marshal
by Frank P. Loftus Deputy

In the District Court holding terms at Seattle

In the matter of Ah Kam for a writ of Habeas Corpus for Nan Oy, a Chinese woman in the custody of the U.S. Marshal for Washington Territory

5843

The United States Marshal for Washington Territory having made return to the writ of Habeas Corpus heretofore issued herein. Now on this 25th day of February AD 1888 came on to be heard the petition in said cause C. K. Jenner Esq. appearing on behalf of the Petition and W. H. White Esq. on behalf of the United States, as well as on behalf of said U.S. Marshal. After the introduction of testimony and on the statement of the attorney for the Petitioner and on the return of said U.S. Marshal the Court finds as facts in this matter. That said Nan Oy is a Chinese person and that she came to the United States from the Province of British Columbia by water on or about the ______ day of February AD 1888 and that she had never theretofore been in the United States, and that she is not of the class of persons mentioned in Section 13. of an act of Congress approved July 5th 1884, 23 Statutes at Large page 118. and that said Nan Oy on coming into the United States did not produce the certificate required by Section 6 of said act of Congress and that she has no such certificate and that on coming into the United States she was arrested by said U.S. Marshal, by virtue of a warrant duly issued by Oliver Wood U. S. Commissioner for said Washington Territory, on a complaint filed with him charging her said Nan Oy with being unlawfully in the United States and that said U.S. Marshal now has her in his custody by virtue of said arrest under said warrant

Now therefore in consideration of the law and the premises it is by the Court ordered that the petition of said Ah Kam be and the same is denied and it is further ordered that the U.S. Marshal for Washington Territory forthwith deport and remove said Nan Oy from the United States to British Columbia and she said Nan Oy is hereby remanded into the custody of said U.S. Marshal to carry this order into execution.

R A Jones
Judge

Territory of Washington,
County of King. ss.

Clerk[?] of the District Court of the Third Judicial District, Washington Territory, holding Terms at Seattle in King County, for the county of King, do hereby certify the foregoing to be a true, full and correct transcript of the order of Deportation in the foregoing entitled cause, now on file, or of record in my office.

Witness my hand and the Seal of the said Court, at Seattle, this the 27th day of Feby, A.D. 1888
W. E. Ledgerwood, Clerk.
By H. T. Hannon, Deputy.

District of Washington Territory ss

I T. J. Hamilton, U.S. Marshal for Washington Territory, do hereby certify that I received the within writ of deportation on the 27th day of February 1888, and that as therein commanded, I on the 28th day of February 1888 duly deported and removed the therein named Nan Oy from the United States to Victoria, British Columbia, whence she came

T. J. Hamilton U.S. Marshal
by F. W. Goodhue, Deputy

Marshals Fees:
86 mi. transportation self 
and prisoner at 10 cents 17.20
Discharge .50
$17.70