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of the conntry. Their sole object is to make tive by the United States Circuit Court in Calimoney. When they have accomplished that, fornia. The decision is written by Judge Lothey do not invest their earnings in land nor renzo Sawyer, and proceeds upon the ground homesteads, but return with their wealth to that a Chinaman is not a “free white person” their native China. They come with no de- within the meaning of the United States sire or purpose to make this their permanent statutes. The latest revision of the naturalizahome. So strong is their feeling in this re tion laws provides that they shall apply "to spect, that the poorest laborers stipulate, as a aliens, being free white persons, and to aliens part of the contract by which they sell their of African nativity, and to persons of African services, that their dead bodies shall be car- descent.” Judge Sawyer interprets this proried back to China, and thousands have been vision in accordance with the presumptive thus exported. They have no conception of meaning of Congress when the law was the American judicial or legislative system. amended. IIe shows that the question of the They can not be relied upon to perform mili- admission of the Chinese to citizenship then tary duty. They are incompetent as jurymen. occupied the attention of Congress, and that Indeed, the only purpose for which they are there was clearly no idea or intention of openavailable is to perform manual labor. They ing the door to that race. lle holds that the bring with them neither wives nor families, purpose of Congress was to include only memnor do they intermarry with the resident pop-bers of the Caucasian race in the term “free ulation. They have an inferior intelligence white persons." A similar case has been deand different civilization. Mentally, morally, cided in New York, where there are some physically, socially, and politically, they have (hinese who have received naturalization paremained a distinct and antagonistic race. pers. There is, however, no ground for supNor, in view of their strong national preju- posing that the Chinese as a body have enterdices, is tliere any hope that the future will tained any idea of seeking naturalization. be different. Instances are numerous where The election of members of the State Conan inferior race has been absorbed and im- stitutional Convention was held on June 19th. proved by a superior one; but the condition It did not excite a lively general interest in the precedent to such a result is an acknowledg- State, but proroked a good deal of feeling in inent on the part of the lower race of such San Francisco on account of the violent effort inferiority, nations as well as individuals, who made by the Kearney party to carry the city must conclude that they need help before they and county—an effort which appears to have are willing to ask or receive it. The Chinese been successful through the division of its ophave not, and never will, come to such a con- ponents. There were six tickets in the field, clusion. Their inordinate vanity leads them the two leading ones being the Citizens' Nonto believe their country to be the center of a partisan and that of the Kearneyites. The terrestrial system, and they therefore call it latter were originally organized as a WorkingMidland, or Central Kingdom. They boast of a men's party, but their leader, Kearney, soon civilization which antedates the birth of Christ. developed into a violent revolutionist. NeverThey point with pride to a philosopher, Con- theless, the thirty-three candidates on the fucius, whose maxims, as perfections of wis- Kearney ticket were elected in San Francisco, dom, had become their code of laws. They being in a majority over either of the other obey a Government which, in their faith, is tickets. The result of the entire election was: heaven - descended — an absolute despotism, Non-partisan, 85; Workingmen, 49; Republivast, awful, and impressive, whose terrible and cans, 9; Democrats, 5; Independents, 2; unmysterious power regulates their lives or de- classified, 2. Total, 152. crees their death, and under which liberty is The session of tho ('onvention commenced an unknown idea. Thus intrenched behind on September 28th. It was limited by the national prejudices, they are impregnable law to one hundred days. It was permanentagainst all influences, and remain a great, ly organized by the election of Joseph P. Hoge united class, distinct from Americans in color, as President. The vote on the fifth ballot was: in size, in features, in dress, in language, in Iloge, 7+; W. J. Tinnin, 73. Mr. J. A. Johncustoms, in habits, and in social peculiarities. son, of Alameda, was chosen Secretary. It was
The result of the investigation was the rec- still in session at the close of the year, and its ommendation that Congress adopt a resolu- hundred days expired only on January 6th. tion requesting the President to open a corre The work of the Convention and its final respondence with the Governments of China and port will form a portion of the history of 1879. Great Britain, with a view of securing a change its action on the Chinese question, the most or abrogation of all stipulations in existing interesting subject before the State, it may not treaties which permit unlimited emigration be out of place to mention at this time. of Chinese to the l'nited States. Other mea The Committeo of the Convention to whom sures, such as a capitation tax and restriction was referred the subject of the Chinese immiof the number of Mongolians admissible on any gration were unable to agree on a definite plan ono vessel, have been suggested. Meantime to remedy the so-called evil. On the first secthe question whether Chinese are admissible tion of their report all agreed. It was as folto naturalization has been decided in the negi- lows:
The Legislature shall have and shall exercise the the right but the solemn and bounden duty of power to enact all needful laws, and proscribe no a State to advance the safety, happiness, and cessary regulations for the protection of the State, and the counties, cities, and towns thereof, from the prosperity of its people, and to provide for its burdens and evils arising from the presence of aliens, general welfare by any and every act of legiswho are or who may become vagrants, paupers, men- lation which it may deem to be conducive to dicants, criminals, or invalids afflicted with conta those ends, where the power over the particugious or infectious diseases, and aliens ortherwise lar subject, or the manner of its exercise, is dangerous or detrimental to the well-being or peace of the State, and to impose conditions upon which
not surrendered or restrained. All these powsuch persons may reside in the State, and to provide ers, which relate to inerely municipal legislathe means and mode of their removal from the State tion, or what may perhaps more properly be upon failure or refusal to comply with such condi- called internal police, are not thus surrendered tions : provided, that nothing contained in the foregoing shall be construed to impair or limit the power these the authority of a State is complete, un
or restrained; and consequently in relation to of the Legislature to pass such other police laws or regulations as it may deem necessary.
qualified, and exclusive.” The same author
also states : “The State may pass poor-laws This plan was based on the assumption that and laws to prevent the introduction of paupers the State had not the power within itself to set or persons likely to become paupers." tle this question. It was believed, however, by The remarks of the “Sacramento Record" all the Committee that the State had the pow on this plan proposed to the Convention are er to protect itself from vagrants, paupers, crim too appropriate to be omitted : inals, etc., under its police powers, and for self
If it is sought to regulate Chinese immigration on preservation. This did not interfere with the
the ground that tho State has the right to prohibit rights of Congress to regulate commerce. It the importation of paupers, vagrants, and criminals, was proposed that courts should be established we fear the attempt will prove a failure. The great in San Francisco and elsewhere, where vagrants, majority of the Chinese who land in this country mendicants, and others could be examined, and, would not como under either of those heads, unless
the law was so strained in administering it as to perif it was found that they were likely to become
vert the language utterly. The Chinese are, as everychargeable upon the tax-payers, placed in safe body knows, one of the most industrious
races on the keeping until they could be removed from the face of the earth. It is their industry that renders State. With respect to criminals it was pro
them so dangerous to our civilization. They are not posed that after they had been convicted, in- only always willing to work, but they will work for
a wage which inost white men would find insufficient stead of being sent to prison, they should be
to support lifo upon. They are neither paupers nor deported from the State. This was a sort of vagrants, and to attempt to put them in such a catebanishinent. California had tried, by means gory would almost certainly end in failure. of the capitation tax and by preventing the landing of lewd women, to rid itself from the embraced in the next section of the report of
The second plan of treating the subject was dangers of Chinese immigration, but these the Committee, and was as follows: statutes had been declared in contravention of the Federal Constitution. The suggestions con
All further immigration to this State of Chinese, tained in the first section did not come within
and all other persons ineligible to become citizens of
the United States under the naturalization laws therethe inhibition of the Federal Constitution, and ot, is hereby prohibited. The Legislature shall prothe opinion of Justice Wayne in passengers' vide for the enforcement of this section by appropricases was quoted in support of this theory. ate legislation. In the passenger cases it was proposed by the
A division of opinion appeared before the Legislatures of New York and Massachusetts to Committee relative to the powers of the State, impose a tax of $1.50 on each passenger, or re one side holding that the State had no power quire bonds of $150 from captains of vessels to enforce such a prohibition, and the other that the passengers should not become a charge that it had the power. Several decisions of upon the States. The United States Supreme the United States Supreme Court were referred Court decided that these enactments of the two to, as showing that the section incorporated States were unconstitutional, being a regulation
a power belonging to the Federal Government. of commerce; but it was adınitted in the deci- memorial to Congress was suggested, request sion that the States had the right in the ever- ing legislation on the Chinese question, and cise of police powers to protect themselves another to the treaty-making power to modify from criminal vagrants and other (langerous the Burlingame treaty. It was urged that an classes. No denial was made that the pro- attempt to nullify an act of Congress, or to visions contained in this section were strictly interfere with the powers of the Government, within the limits of the police powers of the would raise an antagonistic feeling all through State, and might have been exercised by the the Eastern States. Legislature. In Bump's notes on United States
The third plan proposed in the report of decisions it is laid down: “A Stato has the the Committee was contained in the following same undeniable and unlimited jurisdiction over sections: all persons and things within its territorial limits as any foreign nation, where that juris- the United States shall not have the right to sue or
Sec. 6. Foreigners ineligible to become citizens of diction is not surrendered or restrained by the bo sued in any of the courts of this state; and any Constitution. By virtue of this, it not only is lawyer appearing for or against them, or any of them,
in a civil proceeding, shall forfeit his license to prac- ernment for white men. Citizenship had been tice law. "No such foreigner shall be granted license conferred upon four millions of colored people, to carry on any business, trade, or occupation in this State, nor shall such license be granted to any per
but this arose from necessity. The naturalizason or corporation employing them. No such for- tion laws excluded Orientals from citizenship eigner shall have tho right to catch fish in any of the because it would be a disturbing element in waters under the jurisdiction of the State, nor to the government. If these people were not purchase, own, or lease real property in this State; adapted to become citizens, there were some and all contracts of conveyance or lease of real estato to any such foreigner shall be void.
arguments against allowing them to become Sec. 7. The presence of foreigners ineligible to be- denizens. It was a mistake to suppose that come citizens of the United States is declared herein cheap labor was beneficial to a country. There to be dangerous to the well-being of the State, and the Legislature shall discourage their immigration by because, by the law of material increase, a
was no need now of fostering immigration, all tho means within its power. It shull provide
for healthy, rigorous race doubled itself in twentyportion of the State it may see fit, or from the State, five years. Taking the present population at and provide suitable methods, by their taxation or 40,000,000, it may be naturally expected that otherwise, for the expense of such exclusion. It shall the population of the United States at the end prescribe suitable penalties for the punishment of persons convicted of introducing them within for
of the century would be 75,055,000. Chinamen bidden limits. It shall delegate all necessary power had learned the art of drawing the maximum to the incorporated cities and towns of this Štate for from the soil and living on the minimum of their removal without the limits of such cities and subsistence. For ten thousand years Chinese
Sec. 8. Public officers within this State are forbid. had been learning how to live on next to noden to einploy Chinese in any capacity whatever. thing, working sixteen hours out of twentyViolation of this provision shall be ground for re
four. Five Chinamen could exist on food suffimoval from office; and no person shall be eligible to cient for one white laboring man. The white any office in this state who, at tho time of election man, therefore, can not compete with him, not and for three months before, employed Chinese. Sec. 9. The exercise of the right of suffraye shall
without adaptation brought on by training for be denied to any person employing Chinese in this thousands of years, and no one wanted to see State, and it shall be a sufficient challenge that the white laborers thus degraded. If the Chinese person offering to voto is employing Chinese, or has are to continue coming here, schoolhouses must employed them within three months next preceding be pulled down, for white men can not send the election.
children to school. Marriage among white peoThe objections were urged against these sec- ple would cease on account of poverty. Mitions by dissentient members of the Committee, gration could be accounted for by natural law. that they denied the right of the Chinese to Starvation had been the great cause in past the protection of law; that it was a plan of ages. There were seventy millions of Chinastarvation by constitutional provision; that the men now starving, and the only country open sections interfered with the riglats of American to this starving race is the Pacific States and citizens by declaring whom they should em- Territories of the United States. The question ploy. It was well known that the principal was, therefore, a subject deserving the atten. portion of the Chinese coming to California tion of American statesmen. belonged to dangerous classes. The convic A debate continuing two or three days took tions of the Chinese in San Francisco for one place, when the report of the Committee was year to the 31st of October, 1878, were 2,488. adopted, after very little alteration by the ConIt would cost less to send these convicted vention. This was chiefly verbal. The imcriminals out of the State than to keep them pression seemed to prevail that the settlement in jail. They could be sent away for $15 cach. of the question was beyond the power of the It was not an entire remedy for the Chinese State, and that these sections would be deevil; but it was the best thing that could be clared unconstitutional by the courts. done under the circumstances. Congress could The proposition to address a memorial to remove the evil. Vot much would come from Congress on the subject was approved by the requesting a modification of the Burlingame Convention. The following able memorial was treaty. The Chinese were already taking ac- reported by the Committee and unanimously tion to procure delay. It was patent to erery adopted by the Convention: observer that China was encouraging this inmigration. Congress could legislate and pre- United States. The people of the State of Califor
To the Senate and House of Representatives of the vent Chinese immigration. This was fully es nia, by their delegates now assembled in Constitutablished, even though it leads to a declaration tional Convention, respectfully present to the Senate of war.
The state of political parties at pres- and Ilouse of Representatives of the l'nited States ent was favorable for securing such legislation. this memorial, the object and purpose of which is to It had been said that to exclude Chinese from
invoke the exercise of the supremo national authority
for reliet' from Chinese immigration, an evil of such the country was contrary to the policy of the magnitude and of a character so threatening to the American people, but from the foundation of highest interests of the Stato as to excite in the the Government liberal naturalization laws had minds of our whole people the most serious dissatisnly entitled the white race to settle in this faction and alarm. As becomes a people devoted to
the national Union, and filled with a profound revcountry. One fact had always stood out in
erence for law, we have repeatedly, by petition and this republic, that it was a white man's gor- memorial, through the action of our Legislature, and
by our Senators and Representatives in Congress, lish their own tribunals for the redress of wrongs sought the appropriate remedies against this great and injuries among themselves, independent of our wrong, and patiently awaited with confidence the ac courts, and subject the victims of such tribunals to tion of the General Government. Meanwhile this secret punishments the most barbarous and terrible. giant evil has grown, and strengthened, and expand- In our cities they live crowded and herded together ed its baneful effect upon the muterial interests of like beasts, generating the most dangerous diseases. the people, upon public morals and our civilization, They introduce the ancient, infectious, and incurable becoming more and more apparent, until patience malady called leprosy, the germs of which, when is almost exhausted and the spirit of discontent per once distributed, can never be eradicated, but fasten vades the State. It would be disingenuous in us to themselves upon the people as an eternal consuming attempt to conceal our amazement at the long delay rot. They poison our youth in both mind and body. of appropriate action by the National Government They build no homes. They are generally destitute toward the prohibition of an immigration which is of moral principle. They are incapable of patriotrapidly approaching the character of an Oriental in- ism, and utterly unfitted 'for American citizenship. vasion, and which threatens to supplant Anglo-Sax- Their existence here in great numbers is a perpetual on civilization on this coast. If the facts relating to menace to republican institutions, a source of conthis immigration now patent to all observers, if the stant irritation and danger to the public peuce. ascertained knowledge now within the reach of every The system of labor which results from their presintelligent man, will not serve to awaken an interest ence is a system which includes all or nearly all the upon this subject in the minds of the governing pow- vices of slavery, without the conservative influences er of this nation, we are tempted to despair of ever incident to the domestic or paternal relation between reaching a remedy.
master and slave. It degrades labor to the standard If it be supposed, as has been often said, that the of mere brute energy, and this excludes the labor of hostility to Chinese immigration is confined to a free white men, who will not and can not endure small and ignorant class of our people, we protest the degradation of competition with servile labor. against such assumption. The discontent from this Chinese labor is, therefore, substituted
for the labor cause is almost universal. It is not limited to any of free white men, and thé State is afflicted with a particular party, nor to any class or nationality. It quasi slave system, under which Chinese population does not spring from race antipathies, nor alone from supplants white American citizens, and drives them economic considerations, nor from any religious sen to other fields or to starvation. timent, nor from low hatreds or mercenary motives. The necessary brevity of this memorial forbids We submit that, our people being interested to a the further enlargement of facts and reasons for the greater extent in commerce with China than any almost universal hostility in California to their inother portion of the American people, tho reasons migration. We beg the earnest attention of the Govfor this hostility to Chinese immigration must be ernment at Washington to this subject, fraught with considered overwhelming, when sufficient to array immense interest to us, and, as we believe, to the the whole body of our people against a treaty which whole people of the United States. Whatever the was intended to secure to that people, more than State of California may lawfully do to abate or mitito any other, the great benefits to be derived from gate this evil, it has resolved to do, declaring, howAsiatic commerce. Our sincerity can not therefore ever, our settled determination to avoid all conflict be doubted, since we are willing to forego all the with the national authority, and to limit our action benefits of commerce with China, if need bo, rather to the exercise of the police power of the State. We than suffer the ills wbich this immigration must in- ask most earnestly and respoctfully of the Congress evitably entail upon us and our descendants. of the United States such prohibitory legislation as
Among the many reasons for our opposition to Chi- will effectually prevent the further immigration of nese immigration, all of which can not be stated in a Chinese coolies or laborers to the ports of the coast. brief memorial, we submit the following: 1. The country being now stocked with a vigor
There is another view of this subject which ous, intelligent, progressive, and highly civilized people, there is no need of immigration for the in
was occasionally alluded to in the debates of crease of our population, certainly not of the immi- the Convention, and recognized by all the congration of a non-assimilative and alien raco.
siderate members. The representation of the 2. That, considering the character of Chinese im- public action of the State would be imperfect migrants in respect to their habits and modes of life without some notice of this aspect of the quesand physical peculiarities, this immigration operates as a substitution of Chinese for white men of the tion. It is briefly set forth in the “Sacramento Caucasian race, and not as an addition to our popu- Record,” whose language aptly expresses it, lation;
the question being, Shall Chinese ultimately thus: “Every man who has ever thought upon occupy the country, or shall it be held for óle homes this question knows perfectly well that John of men of the Caucasian race ?
3. There is danger of an immense increase of Chi- Chinaman is formidable, not because of his nose immigrants in the near future. The effect of bad qualities, but because of his good ones. the famine now unhappily prevailing in the northern If he were really the poor, miserable creature provinces of China is sure to cause a migration of depicted by extravagant hostility, there would greater proportions than any known in the history be no need for any
protective or proscriptive the survivors of this calamity forth in prodigious legislation in regard to him. No race was ever numbers, in quest of food, eastward, becauso thero so hated unless it was feared ; and that is a is no other outlet, and California offers the most truth which ought to be recognized in this fruitful field for their sustenance. The speculators
The Chinaman is formidable because he in Chinose labor will, if permitted, seize the oppor. is industrious, temperate, frugal, patient, tracttunity to augment their fortunes by the importation of these hunger-driven creatures into our ports. This able, and, above all, cheap. IIe works for very invasion is to be dreaded by us more than a hostile low wages, but it is none the less true that he invasion by armed men, for, upon the first note of does the work he undertakes. He has found alarm from such a cause, the nation would hasten to his way into every industry on the Pacific our rescue and defense, 4. The Chinese bring with them habits and cus
coast, because those who want labor find that toms the most vicious and demoralizing. They aro
his labor pays. That is the secret of the enscornful of our laws and institutions. They estab- mity to him. That is the reason we are all
trying to get rid of him. It is the wisest way been secured. Three years ago, when the to admit the truth frankly, and the truth is vines were much more immature, the producthat white labor can not compete with Chi- tion was 7,000,000 gallons, wbich was found
Nor is it worth while to try and seek to be in excess of the demand. Nevertheless, reasons for this in some inferiority on the part the effect was to establish a price for Califorof Jolin. It is sufficient that he can under- nia wines wbich, notwithstanding the great work and underlive the Anglo-Saxon and Cel- improvement since made in their quality, it tic and all other races of European develop- has been found impracticable to advance; so ment. The fact that he can do this is not to that now, when the wines challenge the highest his disparagement. There is no more virtue commendations of the most critical Eastern in feeding upon beef and potatoes than in feed- experts, and are even favorably considered by ing upon rice. As a matter of fact rice con French connoisseurs by the side of their own stitutes the main support of a majority of the most approved products, the producers are human race to-day, and no doubt will long compelled to accept prices for their wines continue to do so. Sneers at John because he which barely pay the cost of production. The eats rice, or because he wears a special dress, product for the year will be about 5,000,000 or because his habits are not like ours, are on gallons, or less than half a crop. This is parta par with the old English sneers at the French, ly owing to the heavy volume of rain that fell on the ground that they had brass money and last winter, but more doubtless to the uneswore wooden shoes. All such arguments are plained causes which forbid a full yield of any simply contemptible, and so are animadver- fruit, and especially grapes, except at intervals sions upon the civilization of the Chinese. of three or more years. The quality of the There are probably not many members of the fruit, however, has been excellent. Never beConvention who know much about that civili- fore have the grapes of California been so rich zation, but those who have inquired into it for wine-making. The light red wines are know that it has at least the merit of endur- pronounced not only superior to any heretoance, and that no other civilization extant has fore produced, but equal to the best French stood the same test of time. All such talk, production. The white wines are also much moreover, is irrelevant. It is quite sufficient improved over the product of former years. to make it clear that competition with the Chi. This improvement is attributable to the age of naman is beyond our capacity, and that amal- the vines, and also to the greater knowledge gamation with such a people is out of the ques- of the vineyardists in treating them and in tion, to establish the fact that the Chinese handling the grapes. must go'-or that, if they do not go, the Amer The increase in the demand for California icans will have to. By freely admitting all the wines is very marked this year, especially for strong points of the Chinaman, moreover, it is export. It is estimated that this export will far easier to make out the case against him. reach 2,000,000 gallons, against 1,500,000 galWe wish to get rid of him because we fear lons last year, and the prospects are favorable that he will drive us to the wall. That is a for a still larger foreign trade in 1879. Sweet perfectly good reason for excluding him, and wines are now very scarce, and command a we believe that it will prove far less difficult high price in the market. Wines of this class, to solve the problem on that line than by at- which sold last year for 40 cents a gallon, now tacking his morals and talking about his diet." readily command 50 cents, and are hard to
Sufficient was known beforo the close of the find. On the whole, the wine interests of Caliyear to make an approximate statement of the fornia are considered to be in a very promising grapo harvest and wine product. The State condition, and the industry has reached a stage now produces more grapes than any other in where it is capable of taking care of itself, if it the Union, and nearly as many as all the others can only be let alone. There exists, howerer, combined. In a good season her product of an anxious looking toward Washington, from wine alone las aggregated about 7,000,000 gal- a tear of some alteration of the tariff which lons. Besides this product, she has put large might disturb) or destroy the interest altogether, quantities of the fruit of her vines into raisins, or some commercial-treaty arrangement with and has distilled a considerable quantity of the France which might be equally injurious. The juice into brandy. Grape culture for the year ravages of the phylloxera have been mainly 1878 has not been remunerative in the State, contined to the Sonoma Valley, with some because of a short crop and the low price of slight manifestations of its presence in the Napa the fruit in the market. The yield was less Valley. No traces of it have been found in Los than one half of what it should have been. Angeles ('ounty, or other grape regions. In In the Sonoma Valley the yield was one third the Sonoma Valley it has killed out from fire of a crop, and in the Napa region about the to six hundred acres of vineyards. It has been
It is estimated by competent judges observed that this pest prefers the more comthat there are 40,000,000 vines in bearing in mon or ordinary vine. It selects the Mission the State. These vines ought to yield not less grape in preference to all others when it can than 12,000,000 gallons of expressed juice; or, find it to feed on. Experiments to destroy it more exactly, every three rines should yield have been made with tubes of sulpho-carbon, ono gallon of wine. But this yield has never and if taken in time—that is, before the rine