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cause a printed schedule of such rates and fares to be properly framed MR. SCHELL. It seems to me that the gentleman has a right to be and hung in a conspicuous place at every railroad depot and every rail-heard on a question of privilege. I move that he be allowed to go on. road station in the State.

Mr. O'DONNELL. It won't take two minutes. “Sec. 14. The Railroad Commissioners shall perform all duties in MR. HUESTIS. If the house desires to hear it I have no objection.

THE CHAIR. Doctor, go on. relation to the railroads, other than those prescribed in the last two sections, as may be required of them by law."

MR. O'DONNELL. MR. WHITE. All that I wished to do was to show that I gave them

Mr. O'DONNELL. Mr. President: I rise to a question of privilege absolute power; and that they were to arrange the fares and freights as

as a member of this body, and respectfully request my colleagues to give in their judgment should be fair and just. Now, is it common sense for this scribbler to write down that Leland Stanford would be willing to knows that members of the State and National Legislature can be called

me their attention. Every man familiar with parliamentary rules put that power into the hands of any three men in this State ? I regard to account for words spoken in debate. In other words, so long as they it as the silliest nonsense and the most malicious sort of lying that could

act in accordance with their sworn duty as members of the legislative be got up:

department of the government, they will be defended and protected. MR. DUESTIS. I move tha ...tion resolve itself into Com- In the discharge of my duty as a delegate I gave offense to the manmittee of the Whole.

agers of a vulgar newspaper called the Chronicle. I differed from that

newspaper on the law of libel. I voted for a measure which I deemed MR. HOWARD. Mr. President: I rise to a question of privilege. libelers. In this step I acted in concert with some of the most honored

essential to the protection of society from the attacks of professional This is a matter of no very great importance, perhaps, but I take two members of this body, and for the exercise of my right and privilege I exceptions to this publication. The first is, that it insinuates that the have been vilified by the paper which I confess ought to be nameless whole Committee on Corporations, in advocating this scheme, have been in the interest of the Central Pacific Railroad Company. Now, sir, it and endeavor to aid the authorities in their endeavors to bring these men

among honorable men. I shall at the proper time appeal to the Courts seems to me that the daily denunciations of the press in the interest and to justice. I do not think them worthy of the notice of this body. I do pay of the corporations, notoriously so of the Central Pacific Railroad not think that any of the gentlemen whom this mongrel paper has slanCompany, should have protected us from any such imputation. The dered ask the passage of any resolution, nor do they require any vindiprincipal organ here has denounced us as Communists, and has given cation. All I ask now is the privilege of assuring every member of virus to it by saying that we are Communists as bad as Jesus Christ and this body that the charges published against me in this nameless sheet the Supreme Court of the United States. (Laughter.] Well, now, it are utterly false and without foundation, and I pledge myself that in seemns to me that that should have been sufficient to have demonstrated due time I will cram the libel down the throats of the infernal libelers. to the writer of this article that none of us had been stowed away in the

I thank you kindly for your attention. pigeon-holes of the Central Pacific Railroad Company.

Again, sir, the writer is entirely mistaken when he assumes to say that the magnates of the Central Pacific Railroad Company desire this Com- MR. HUESTIS. Mr. President: Now, if there is no other gentleman mission, because they believe they can control it. Now, sir, that is a mis- who wishes to rise to a question of privilege, I move that the Convention take, because they made an experiment on three Commissioners which resolve itself into Committee of the whole, Mr. Larkin in the chair, on proved disastrous. I have it from authority which I believe, that a the question of the report of the Committee on Chinese. certain railroad agent, or assumed railroad agent, approached one of the Carried. former three Commissioners with a proposition. He bappened to be a

IN COMMITTEE OF THE WHOLE. man of honor, who had borne his country's flag on many a field. He was indignant to an extent amounting to a towering passion, and he

THE CHAIRMAN. The Secretary will read the first section.

THE SECRETARY read: inade an appeal to the code-not to the Civil Code, not to the Penal Code, not to the code that obtains among railroads--but to the code which

SECTION 1. The Legislature shall have and shall exercise the power did obtain among gentlemen once. The officers of the railroad at once

to enact all needful laws, and prescribe necessary regulations for the declared that the party who had approached this gentleman had done it protection of the State, and the counties, cities, and towns thereof, from without their authority, and they disowned him. Of course that stopped the burdens and evils arising from the presence of aliens, who are or it. But the railroad took its revenge. When the Legislature met, who may become vagrants, paupers, mendicants, criminals, or invalids through its conduit pipe it run into the Legislature the Hart bill. It afflicted with contagious or infectious diseases, and aliens otherwise repealed the law under which the then existing Commission had been dangerous or detrimental to the well-being or peace of the State, and to carried on, and of course wiped out the Commission. And they substi- impose conditions upon which such persons may reside in the State, and tuted for it, and carried through the Legislature, by means which I need to provide the means and mode of their removal from the State upon not reiterate, a proposition to have one Commissioner. It seems that failure or refusal to comply with such conditions ; provided, that noththey came to the conclusion that while they could not manage three, ing contained in the foregoing shall be construed to impair or limit the that one, as the Irishmen say, might be very convenient, and, therefore, power of the Legislature to pass such other police laws or regulations as they displaced the three Commissioners and took the one. It was given

it may deem necessary.

MR. BROWN. out that the Governor would veto the Hart bill, and it was believed by

I move its adoption.

MR. AYERS. Mr. Chairman: I believe it was understood that the a great many people, but when he came to act on the matter his patriotism got the better of him, and he signed it. That was the end of that debate should exhaust itself. The debate has taken the range of the matter.

entire article.

THE CHAIRMAN. If there be no objection to section oneSo, then, I say that the Central Pacific Railroad Company does not desire three Commissioners; that they desire either one, or the Legisla- don't see as there are any speakers here. The section is good enough.

MR. GRACE. It seems to me that the debate has exhausted itself. I ture. That is what they want; and the accomplished author of this

THE CHAIRMAN. If there are no amendments to section one the letter is laboring under a delusion. Nor is that all. Even if it were possible for them to buy up the three Commissioners—which they have Secretary will read section two. not been able to do yet-or experiment, the people could fall back and elect three others who have been under fire and come out unscathed;

MR. BLACKMER. Mr. Chairman: I wish to point out what in my 80 I do not think we are in so much danger as the writer seems to think, judgment is a little error in the first section, and I was in hopes that the of the three Commissioners. There is another thing in this matter- | Chairman of the committee would be here this evening, as I had a short and I say here, that if the writer of this letter was not above suspicion-1 conversation with him upon that point. It is in the fifth and sixth would believe that he had been stowed, and that this attack was a weak lines of the first section of the report, and I hope that this will not be device of the enemy. There is another matter in connection with this, passed so that it cannot be taken up again. I am not ready to offer an since they have seen proper to provoke this attack upon us, which I may amendment, but I suggest that the words, “invalids afflicted with conas well mention. Two or three years ago, the North American Review tagious or infectious diseases," means altogether too much. It means published an article which stated that the railroads no longer purchased more, I believe, than the committee themselves intended to convey, votes in detail, but that when they wanted a Senator, they elected him because they may mean such diseases as are contagious or infectious, but advanced cash enough to elect him--and that then they owned him may inflict any people, and they certainly do not wish to have the during his term. The Central Pacific Railroad Company seems to have police power of this state invoked for the purpose of excluding them profited by that suggestion. They seem of late to have elected the simply upon that ground. Now, the section should certainly be modBenator, and to have put a collar on him, with “Central Pacific Rail-ified so as to reach only the point aimed at. It is not intended that if a road Company" written upon it, so that if he got lost, or strayed, he person have the smallpox, or anything of that kind that may be concould be recaptured and returned to his lawful owner. I am told here, by members of the last Legislature, that when the Hart bill was before tagious, that for that reason we would send them out of the State. Yet

this is broad enough to cover that. Now, the section should be the Legislature, he reappeared here and did his best to carry the Hart amended so that it would mean exactly what the committee, I think, bill through. Therefore, it is, I say, that the learned author of this had in their minds when the section was framed. I hope that there letter is barking up the wrong tree. He does not understand his business will be no action taken, but that it can still be amended. There is fully, and whatever may have been his purpose, he is mistaken alto discussion to be had, and it should be had now, but allow the Chairman, gether in his facts—if he has any facts-or in his conjectures, and he as I know it is in his mind, an opportunity to perfect the section as he does not pretend that they are anything more than conjectures. It desires. I would move that we do not pass any section to-night in any seems to me, in fact, that he had been dreaming, and it was nothing way so that it cannot be called up again in the regular way. more than a feat of somnambulism which dictated this letter.

MR. STUART. I second the motion. MR. HUESTIS. I renew my motion.

THE CHAIRMAN. It is moved and seconded that the section be Mr. O'DONNELL. I rise to a question of privilege. I rise to a temporarily passed. question of privilege. I have a right here on this floor.

MR. FREUD. Mr. Chairman: I hope no such proceeding will be THE CHAIR. Does the gentleman withdraw his motion ?

adopted. The Chairman will have an opportunity, when it comes up MR. HUESTIS. No, I will take the ruling of the Chair.

in Convention, to amend it as he may deem fit. I think we can go on THE CIIAIR. You are not in order, Mr. O'Donnell.

with our usual business with propriety.





MR. AYERS. I send up an amendment to section one.

been made among the nations. That power lies in the government. THE SECRETARY read:

There have been steamboats between here and China subsidized, and "Strike out all after the word 'shall,' in the first line, to and includ- there have been other connections made and railroads built since. The ing the word 'and,' in the second line."

Chinese have been the laborers of this coast for almost twenty years. MR. AYERS. The object of that amendment is to make the enaet-White men we have plenty of here; and, sir, I will go further. If I ment of such laws and the exercise of such powers mandatory.

was a member of a Constitutional Convention of the United States, I MR. STUART. I suppose the whole article is open to discussion. would raise my voice and put in an article there to repeal the natTHE CHAIRMAN. It is all under consideration.

uralization laws. We have over forty million of inhabitants now, of

Americans-foreign and native born. We have too many. We have SPEECH OF MR. STUART.

thousands and tens of thousands of white men traveling this state and Mr. STUART. I have been a patient listener in this Convention, and the United States, voluntary idlersnot involuntary. We have a class have not been on the floor since its first organization--over two months of so-called white laborers that never have worked, never intend to ago. I have heard what was said with a great deal of instruction, work, and never will work. I do not desire to go into details on that sometimes; and sometimes with disgust and disappointment. I have subject now. I desire more especially to have this article passed over been, during my life, in California nearly thirty years. During the until the Chairman of the committee comes in here so that he can thirty years that I have been here I have been a cultivator of the soil. explain them to me. Looking at it as a juror, it looks like a perfect I have made my living, raised and educated a large family through the hotch potch-nothing in it. There is not a section in the report that cultivation of the soil. I have employed hundreds and hundreds of should be put into any school book, let alone the Constitution of the men. I have never been in the political arena; it is distasteful to me, State. It is all very pretty to talk about, and the speech of my friend, and consequently I know little of the political movements, and of the the Colonel from Los Angeles, Colonel Ayers, was all very beautiful, management, and the plans that are used in the State for self-preference. handsomely arranged, beautifully delivered, and it almost, as Agrippa I do not know whether I shall get through to-night with what I want said to Paul, converted me. Also, my young friend to the right, Mr. to say, or not. I am somewhat unprepared and unaccustomed to public Freud, just from his college days. He was eloquent, but there was no speaking. I will only make a few remarks, and then prepare myself pith in it. It was a little as if we were upon a jury and some lawyer for some future day on this article a little better.

was prosecuting a Chinaman for some act he had done. Unfortunately Sir, I am opposed to all these sections from number one to number our friend from Los Angeles quoted all his authorities from the minority eight. They are not proper to be placed in any Constitution of the report of the different Judges. United States, let alone ours. It is in direct contiict with the Constitu- MR. AYERS. Not all of them. tion of the United States and the treaty-making power. It is a boyish MR. STUART. Well, most of them, I took notice. He also quoted action for us to admit either one or the whole of these articles to be very lengthily from Roger Taney. I remember when Taney made engrafted in our organic law. It would be the laughing-stock of the another decision. Do you know w bat became of it? I remember his world, a disgrace to the State, a movement toward secession, and a disre- Dred Scott decision. I think that was the first political case that was gard of the constitutional laws of the United States. I am not pre-ever decided in the United States, and I remember what that led to, pared to be one of the advocates of, or one of the silent listeners here and I think you do. I want to steer clear of all that kind of Constiand have it pass. I believe, sir, it is in conflict with article six of the tution making here; want none of those things to be thrown up to us Constitution of the United States, which says:

when we are out, by the Courts, or by the United States Courts and “ This Constitution, and the laws of the United States which shall be these attorneys-that we are a set of school boys, here as a debating made in pursuance thereof, and all treaties made, or which shall be society, getting in things not competent to a Constitution, and things made, under the authority of the United States, shall be the supreme that would not be fit to put into a common school book. I will say, for law of the land; and the Judges in every State shall be bound thereby, one on this floor, that I am in favor of holding America for Americansanything in the Constitution or laws of any State to the contrary not that Americans shall rule America. I have no confidence in this wave withstanding."

of discontent, as you call it; I have no confidence in anything that may That is sufficient for me, sir. That is sufficient for any intelligent be thrown ou top: It is only intellect that will tell in the United States; gentleman in this body to reflect upon before he will take up a hotch nothing else. I will say, sir, that I believe, taking the farmers in this potch, you may call it, or a set of articles of that character, that is Convention--and I tried to find out how many there were-probably neither one act or another, that belongs to a Constitution. It looks to me twenty--(what I mean by farmers is, men that have cultivated the like the act of a ward political meeting, for the purpose of catching votes, land for years, men connected with farming pursuits, men who live or like some of the acts of this Convention in that behalf. I do not upon farms and support themselves and families there)-I believe that desire to reflect upon any gentleman, or the course of any gentleman's a vote among them lo-night, sir, would throw that report into the waste procedure here; neither do I desire to make an unparliamentary remark. basket. They would say : “ We want labor; let the Chinamen alone."

Mr. O'DONNELL. You say you have employed hundreds of men; Let the Government of the United States control the matter; place it have you not employed hundreds of Chinamen?

in the hands where it belongs, and have none of this senseless tinkering MR. STUART." I have, sir, thousands of them, and hundreds of white here, as you would tinker an old tin kettle if it was leaking. have men and thousands of white men, too.

not inflicted you before, and I do not intend to now. I am somewhat Mr. O'DONNELL. I thought so.

unaccustomed to this kind of business, consequently I am going to leave MR. STUART. That is what I am coming to now. There is not a that to others who are better posted than myself-after a while. Cbiman in California in my profession, that of farming, but what employs, nese immigration is injurious to the country, is it? Chinese immigradirectly or indirectly, the Chinaman. The Chinaman becomes your tion to the country has made it what it is. [Derisive laughter.] Labor cook, the Chinaman becomes your servant, he becomes your hewer of bas made it what it is. The labor that has been done for the last fifteen wood and drawer of water, even in the City of San Francisco. The years has been the progressive labor of the State of California. It has Chinaman has been, for the last twelve or fourteen years, a bobby horse been labor that has cleared up farms, that has planted fruit trees, that for all political parties to pass their resolutions on and make their plat- has built cities, that has done every thing except the mining, and even forms. Before that, it was the honest contraband in the fence. The then, the tailings we always used to rent to Chinamen in early days. honest contraband and the Democratic party came hand and hand into Everything has been done by this labor. There is only one class of men every campaign until, finally, the question was ended in blood and war. you can get for servants-I mean servants that will do what they are The honest contraband now is never heard of, but the Chinaman is in wanted to do. I believe one white man is worth two Chinamen; that the fence in his stead. The Chinaman is now used by both parties, or one Chinaman is worth two negroes, and that one negro is worth two by all the parties, is there be more than two-I believe there are three tramps [laughter ard hisses)--that is, for labor. It is a well known parties now. One party, which is probably like other eruptions of that fact that in all nature, both animate and inanimate, both animal and character, may throw something upon the surface that may remain every other kind, that the weak fall under the march of the strong. there. There are a good many elected by this Workingmen's party, That is a well settled fact in all governmental philosophy-that the young men that I delight to know, men of talent, of character, of weak fall under the strong. The black man has faded away, and the responsibility, and hope they will succeed as politicians, I hope they Chinaman takes bis place as a laborer. He is for a day, and gone. The will succeed as men, but I hope they will not lay themselves up in this idea of the Chinaman, or the Chinese Empire, overthrowing the AngloConvention for the purpose of future promotion, for future renown. Saxon race is preposterous. A hundred thousand a month scattered Here is the place to make it without regard to their political party, through the United States would not affect it in a hundred years. The without regard to who will be Governor, or who will be the Judges, or growth of the United States is something, and their energy is a great who will be the next representatives in our Legislature and in our Con- deal; and it has surprised me that the laboring portion of the people of gress. These things, sir, are what I am astonished at. This thing is California have not captured all this floating capital of labor and rented what I have listened to for months with a great deal of calmness and a it out to us at increased rates. That is what has been astonishing to me. great deal of interest. These are matters which the gentlemen who are No, it has not been astonishing. Almost every gentleman that ever got foremost in their aspirations probably know better than I do what their up, has been perfectly astonished at something. I have never been motives are. I do not intend to impugn them.

astonished. Nothing astonishes me. But let me go back a little further. In eighteen hundred and fifty, I One of the gentlemen from San Francisco said money never made the believe it was, in San Francisco, there was a celebration of the admission man. Well, that might be so, but I would like to see the man that ever of California into the Union. I think it was October fourteenth; the made money and became very wealthy but what is a big man. I would State was admitted on September ninth. At that time, sir, if I am not like to see the nation that has large amounts of money and has beconie mistaken, the Chinamen, few as they were, were admitted to a post of very rich, but has been great. That is a mistake. It fills in very well honor, and they followed the officers of the State and city in the parade. in speech ; it is beautiful to the ear, and it is very well for those who Froin that time down to the war, every movement of our government are satisfied with declamation only. I will not say anything more and every movement of our State, was to induce the Chinaman to come about it now ; some other time-to-morrow, may be, I will refer to it here and to capture the oriental trade. There were treaties made, first again. I would like to hear from the farmers' here; the men who by force, by Porter, for he went with the navy, next by peace, and next live by the cultivation of the soil; the producers; that class of men who by Mr. Burlingame, who was at one time in the Congress of the United form one half of the population of the United States--over twenty mill. States. The Burlingame treaty admitted, and has since admitted, the ions of men who feed the world. Two years of the stopping of farmChinaman to our country as free probably as any other treaty that has ling-yes, one year--would starve one half of the nation to death. The


we are to

farmers have made the country wealthy; the farmers and the producers difference in the wages. That is the tendency among the farmers as to have covered every sea with the white sails of our commerce, and have being rid of these Chinamen. Let the white men come; the men that gridironed the land with railroads. They have controlled the lightning will bring their families and deal with the stores and give the storeand sent it over the world. The farmers and cultivators have done keepers some sort of show. The storekeepers and ranchers are joining this. Not the consumers that my young friend thinks so necessary. in this cry against the Chinese, because they do not get any trade from They are necessary if they will labor; but the consumer should eat the them. They have no wives and children. They live upon a little rice, bread from the sweat of his brow, like all of us have done who lived and they go to their own little stores to get that. Now that is the state of here long, like myself. For three score years I have worked all the this case. time; I have been laborious all my life; I have done hard manual Can a country possibly prosper under the doctrine of Mr. Stuart? labor; I have succeeded in doing that which I laid out to do, and con- IIere is a large laboring class. They can scarcely do anything else but sequently I have no regrets if I am not called a workingman. But I labor for others. They are all thrown out of employment and looked tell you that I am not speaking for any party. I do not belong to any upon with contempt, and a gentleman says a negro or Indian is worth party. I was elected by a nondescript party, Non-partisan. You can two of them. If these Chinese were out of the country, these men call me Independent, Republican, Union, American man. What I was would have a chance of working; they would settle down; they would speaking about was not my own nomination. What I say in regard to take a few acres of ground. I wish I had at least five or six families repealing the laws of naturalization I do not wish to be understood as of that kind settled on my place; let them have a few acres of land, saying for any party. It is my own doctrine; it is not the doctrine of and have them work for me in the harvest and in the Spring, and they any party I ain acting with. I have got my own ideas upon the subject, live on the few acres of land in the meantime. We are trying to get and I have got them from reading the monthly review, not from my rid of the Chinese in any possible way we can. We do not mistreat neighbors, and not from any political friends. Now, I would like to them. I cannot have any sympathy with the ideas expressed by my hear some gentleman from among the farmers say something in regard fellow farmer, because I know and see that the country is held back to this question.

by these people.

Mr. Chairman, I did not intend to speak on this question at all, but ME. NOEL. Mr. Chairman

Mr. Stuart appealed to the farmers, and I was astonished at the doctrine MR. LARUE. I would ask the gentleman if he a farmer?

entirely in favor of these inen running over the country. A short MR. NOEL. Mr. Chairman: I do not desire to make a speech on

time ago some men proposed to buy four or five ranches down towards the Chinese. I simply wish to express my satisfaction with section one; out to put a couple of hundred Chinamen on there with cattle. They

Santa Barbara or Los Angeles somewhere. They had it all planned and my entire dissatisfaction with all the remainder of this report. am prepared to go in this matter, that is, to rid the State of the curse of They were getting a large capital subscribed in San Francisco, and they

had it all planned out on paper, and it made a splendid speculation. the Chinese, just as far as we can go consistently, and I am not willing were going to do this until, upon consulting with some friends, they to go any further. (Cries of " louder."]

were told: “Do not do it; the people will go down there and clean it My lungs are weak. This section one seems to me to be justified, if I out, if it costs every one of them their lives. They will rise up." And understand it, by the exercise of the police power of the State.

through very fear these men did not do this thing. Now, Mr. BEERSTECHER. I believe the gentleman is an attorney at preach that kind of doctrine, there would be no fear, and California law. I would ask him whether section one confers any new powers at kind of vassals can come here and do not drive men out of the country.

would be absorbed by these men. It is all nonsense to say tbat that all; whether there is anything in section one, as presented to us for There was no difficulty in getting white hired girls some ten years ago. adoption, that confers any additional powers upon the Legislature, or in These men in San Francisco tell us that white girls do not come here at any way changes or alters the condition of things as they exist to-day. all now because they know that these Chinamen are in every house. In other words, whether section one amounts to anything at all? MR. NOEL.' I will answer the gentleman. I believe it confers no here and finally became the wives of good men. Now they do not

Is this a wholesome state of affairs? These laboring girls used to come additional power on the Legislature. I believe to-day that the Legisla-come here at all; they go west, or somewhere where there are no ture has this power. But it seems to be deemed necessary that the Con: Chinamen. I trust that there are very few farmers that hold the views vention should give expression to something upon this subject, and it of Mr. Stuart. I hope so, for the honor of that glorious profession of seemed to me to be about as harmless an expression as we can have, farming, which I have always gloried in. When I left it for a time, I therefore I shall support it. [Laughter.] There is one other section, Mr. could not keep away from it, and there I am still. [Applause.] Chairman, that I do not know but I might support--section three.

THE CHAIRMAN. Order! Order!
MR. BEERSTECHER. That secures the unanimous support of the
Independent party.

MR. STUART. Mr. Chairman: A year ago last Summer about twenty

or thirty white men came up near my place. I went down with others MR. NOEL. Yes. The Independent party is entirely sound upon to employ them. I wanted fifteen, I think; another wanted ten or the Chinese question. Section three provides : “ No alien ineligible to twelve, and so on; and we took them all. After a little they inquired : become a citizen of the United States shall ever be employed on any “How much will you give?" "A dollar a day and board." They State, county, municipal, or other public work in this State after the wanted a dollar and a halt. We gave them until Monday morning to adoption of this Constitution.” I see no objection to that, so far as I am make up their minds, otherwise we would get other help. Nobody concerned. I will support that and section one, but no more of this came. They did not want work. They would sooner go to San Franreport.

cisco afoot; sooner go back to their beer. It is always my rule to buy

an extra amount of beef and deal it out piece by piece to these tramps Mr. WHITE. Mr. Chairman: As a farmer who, like Mr. Stuart, has that come along. We have got to feed them. I would employ them if lived on a farm and raised his family and supported them out of the they would work for me. But I have always found myself the loser. produce of the soil, I wish just to state at this time that I entirely dis- It is not necessary for me to tell the gentleman this. If he has been sent from his views in every particular that he has expressed them; and farmer twenty-five years he knows it. Speaking of the girls; it has not I will state, with regard to the farming community with which I am been the case for ten years that you could get a good one that would connected, that of the Pajaro Valley, the facts of the case. In eighteen stay and work. I have paid high prices. I have paid them as high as hundred and fifty, eighteen hundred and fifty-one, eighteen hundred eighty dollars a month, and found them; sixty dollars a month, and and fifty-two, eighteen hundred and fifty-three, and eighteen hundred found them, when I lived in San Francisco. I have paid forty dollars and fifty-four we had plenty of white labor. There was not a Chinaman a month-nothing less than that. Take them up to the ranch, where in our neighborhood. 'We neither had them as cooks, servants, or in they could not hear the bell ring along the railroad line, and they get work houses. We never employed them in the harvest field, or in any sick in a week or ten days and go away. other capacity whatever. So it run on for some years, and finally the Mr. BEERSTECHER. I would ask the gentleman if he considers Chinamen began to come in and settle in our center, in Watsonville. one dollar a day and board fair wages? They crowded in there, and as they crowded in the white labor seemed MR. STUART. It is fair wages. You can get them East for twelve to disappear. I will say for the farmers of that valley, that they univer- and fifteen dollars a month-that is half a dollar a day. sally had a great objection to employing them at all, but at the time of MR. BEERSTECHER. I don't wonder that they do not work for the barvest they would employ them to bind; and they gave them out you, the jobs of binding in the field because they could not find white men. MR. WHITE. Wages in the Pajaro Valley are two dollars a day, and Now, as to this great army of tramps which is talked about as some con- always have been, so far as I know. tagious sort of people that come around, I will tell you that my house [Applause and confusion.] is on the trail that was the shortest trail from the County of Santa Clara THE CHAIRMAN. The house will keep order. to Santa Cruz, consequently a great many white laborers came with MR. INMAN. I would like to know if this is a political meeting? their blankets, and I will say that I never wanted a man that these men THE CHAIRMAN. The Sergeant-at-Arms will keep order in the would not turn in and work when I asked them.

lobby. In the twenty-five years I lived on that trail I never was refused by

REMARKS OF MR. O'SULLIVAN. a single man, and I never even, in any way, was troubled by the tramps. MR. O'SULLIVAN. Mr. Chairman : I must confess that I have lisWhen I offered them work they invariably took it. That is my experi- tened to this general tirade with indignation. Who are tramps? There ence. Even the religious papers talk about tramps, and some of them are just as good men as any on this floor tramps in California. We were even say they ought to be seized and put into prison, at the time when all tramps in forty-nine, will the gentleman remember that? Many the Chinamen were housed around these men's houses. They have no gentlemen here, forty-niners-I am a forty-niner myself, have tramped sympathy at all with the men going around, and say they do not want in this State, in the mines. We were all tramps then and carried our work. I do not know of any such men traveling in this state, and I blankets on our backs, and have seen an honorable and honest workhave had some experience about it. Now, sir, of late years they have ingmen as there are in God's world tramping in this state in search of been determined to get rid of these Chinamen, and they have worked in work and could not find it. I venture to say that the gentleman is an every way to prevent even their binding. For years I have not employed employer of Chinese. them. My son runs the farm, and he does not employ one of thein; and MR. STUART. Yes. he finds it more profitable not to employ them. Twenty-five cents an MR. O'SULLIVAN. Yes; I knew it the first words that fell from acre is saved by using white men to bind the grain, and that is about the his lips; that he had such a hatred of his white fellow man —



MR. STUART. No; I employ white men too.

opportunity some other time. Somebody else will spring up so soon as THE CHAIRMAN. Keep order!

I go off. Mr. O'SULLIVAN. When they can get cheap and nasty Chinese

REMARKS OF MR. VACQUEREL. labor then they despise their while fellow man. But society in Cali- MR. VACQUEREL. Mr. Chairman : Assertions have been made here fornia is to blame for the tramps. Society is to blame; and society will that I, as a foreign-born citizen, protest against. I will challenge any · be to blame if this infernal Chinese curse is not got rid of. It will be to

man to discuss that question upon the great principles of republicanblame for a terrible revolution in this state. The gentleman would ism, which are liberty, equality, and fraternity, on the principles of like to change the naturalization laws if he was in a Constitutional Con-Christianity and the principles of humanity. Now, sir, on the princivention of the United States. He talked about his native Americanism. ple of liberty. The Constitution of the State of California, section one Well, I was not aware that the gentleman was an Indian. I believe and section iwo, declare that we have an inalienable right to defend our they are the only true native Americans. I am an American, thank lives and liberty; consequently if our life is in danger our liberty is also. God! An American by adoption; born in Ireland; and am proud of Whether our life is at stake by a tiger, or whether it is at stake by starbeing an American. I have fought under the stars and stripes, and was vation, it is always at stake, and will not be any safer for it. We possess willing to go and fight and will always be when this country is in dan- the right to defend our life, and if we do not, our liberty is speedily ger. Men are not asked where they were born when defenders are wanted for the American flag; they are not asked where they were born. gone. Certainly a man is free to do good or evil, but whether

he does

good or evil he has to meet the consequences of his acts. The very The naturalization laws of the United States are open to them and they moment he does an evil he destroys his liberty. All theso things are always will be, thank God; for men of the narrow views of Mr. Stuart necessary. Then follows the punishment which is to bring him back to are few and far between amongst true Americans, thank God for it. the paths of virtue, justice, and truth. Therefore, as Chinese immigraHe talks about working. I have worked every day of my life in Cali; tion is an evil it tends to destroy liberty; and in the pure name of liberty fornia for thirty years ; for three years mining with pick and shovel, and I oppose Chinese immigration. Now, sir, on the principle of equalI was a tramp then in Calaveras and Tuolumne Counties--a tramp with ity I will oppose it. When I say equality, I do not mean the size of the blankets, pick and shovel on my back. I have tramped since in the State as a journeyman printer. I have tramped from Los Angeles to of duties as well as rights. Now, gentlemen, can any government exist

man. I do not speak of his economy, or his religion, but the reciprocity San Francisco, and I am as good as that gentleman. I have tramped, and there are just as good men as any citizen of the United States, native can any society or nation exist, in which every citizen has not some born Americans too, poor unfortunate men that cannot get a day's work without duties, is the great maxim upon which repose all human

amount of duties to perform? No duties without rights, no rights to do because the Chinaman is preferred—the infamous, dirty, Chinese society. Equality of rights, equality of duties. But do the Chinese cheap labor is preferred. He boasted of his working, and said he thought perform the same duties as any other foreigner-as it is always he could claim to be a workingman. That was probably intended as a thrown in the face of foreigners? Does the Chinaman perform that fling at the Workingmen's delegates here; but I can assure the gentle; same duty that these other foreigners do? I deny the assertion that perman that we are all workers- I ain, with both hands and brain--and forming the same duties they cannot claim the same rights, and thereI have always earned an honest living in California, thank God. And fore on the ground of equality I oppose Chinese immigration. so have my fellow delegates of the Workingmen's party here.

Christianity, fraternity, and humanity; these three great walls which have been thrown often at the face of the opponents of Chinese immi

gration. It is for humanity's sake, and the sake of the Christian faith,. MR. LINDOW. Mr. Chairman: I am a mechanic, and a tailor by that I say to these men, and to all those who bring them here, and trade. I am not ashamed of it, at all. I left the bench to sit here and those who employ them, do not tramp upon our liberties, upon our

Let us be women.

rights. Let us be men. make a Constitution. That is my intention. We are talking about the despair. Respect us, if you want us to respect you. Do not try to starve

Do not try to bring us to Chinese. I never have employed a Chinaman, and I never will as long us, if you do not want to be starved. Listen to the voice of reason. as I can wear a bout on my foot. I always employ white men, and I Hear the people's cry. Watch the popular wave which is rising every always made headway. My way was when I commenced to work-our moment. Read the history of the past, and learn from it lessons of standard was to go ahead. Now the gentlemen make their expressions prudence and wisdom. Some revolution will teach us charity and forof tramps. That is easy enough to be done.

I got a young gentleman bearance. Yes, I would be charitable, and I am, but when I look about now working for me only nineteen years of age. If I so cut down his wages and give him a dollar a day, if he don't want to go to work for heart for a moment forget that this misery has been brought upon them

me and see my comrades in misery and their families destitute, can my that of course he will go as a tramp, becanse he is able to make more by the presence of these Mongolians. I ask myself, whether, in order to than a dollar a day, and I could go and put a Chinaman in his place be charitable to the Chinese, I must let my neighbor starve and die of what will do the work just as well. It is the white men that makes hunger? No! There is a reason that forces every man to take this the tramps. The Chinaman is not to blame. He came here and looked stand. It is a stern fact and we have to meet it boldly; it moves slowly for work, but it was the workingman what looked at the dollar business, and surely, but it has already produced and shown its effect last Winter. too, and which I don't call just as much as nothing at all; not for white According to the laws of nature there is no effect without a cause. Wo

Where shall he get his clothes from? I want tbe gentleman to answer that question, if he can live for a dollar a day; I lived fifteen Starvation stares us in the face, and with it degradation and crime. Why,

now see the cause—the Chinese--and the effect will soon produce itself. years in the City of San Francisco. I know the whole constituency of Mr. Chairman, did our forefathers give their lives so freely for this land the non-partisan, and the way they were elected, and I am certain that which they have sprinkled with their blood? And are we, in this very the gentleman tramped on the platform with his feet, because it was in century, going to submit to an aristocracy of blood ? To men who have Plati's Hall, and they said: "This time we mean it; there is something lost all sense of justice, all sense of Christianity, and all sense of humanity? to be done for you in the Constitution, and we can put a clause in there who, for the sake of furthering their own views, are willing to starve not to let Chinese come any more.” But the people was so often deceived their fellow men.

Blind they must be if they cannot see that their before, as Colonel Barnes said, that they would not believe the non-parti: crime will bring its punishment. Do they not think that one day they sans. Now here we get it right away, and the gentleman goes back may be called to answer to these very people for their crime? They on the people for doing something. Where there is a chance to do know their time will come, but I am afraid it will be too late. Let us something for the people he goes back on it. That is not the idea meet this question fairly and honestly. Let us take the responsibility of the workingman. We will fight, and we will have something that rests upon us; and, after having done what is right, then let the in the Constitution that will rid this Chinese curse from this shore. minority be responsible for what we have done. [Applause.] And we will put a clause in the Constitution for to not let them

THE CHAIRMAN. The Sergeant-at-Arms will keep order. come any more. Our children will be relieved of it. I thank God

MR. WICKES. I will be brief in the reinarks I shall make. I know for the most part I fight for them-that we will succeed and get a that the best part of our time has already been dissipated. I now move clause in the Constitution so that they will be relieved. For that that the committee rise, report progress, and ask leave to sit again. reason I think, coming here as workingmen, we must do our duty

Carried. and not go to work and say that they are tramps. I cannot see what

IN CONVENTION. the tramps are. If he has got no means of support he must go tramping. Who has built up the State of California anyhow? Who has THE CHAIR. Gentlemen: The Committee of the Whole have built up the City of San Francisco? Was it the Chinese? I ask any instructed me to report that they have had under consideration the gentleman on this floor if it was the Chinese what brought the City of report of the Committee on Chinese, have made progress, and ask leave San Francisco to that what it is to-day? If them Chinamen had been to sit again. in this state there would not be a City of San Francisco to be seen, grown

Mr. BEERSTECHER. Mr. President: I move we adjourn. up in that short time. But suppose it has grown, it is only the work

Carried. ingmen has built it up. Men got little savings of five hundred dollars And, at eight o'clock and forty-five minutes P. M., the Convention stood put in real estate, and got a home for three thousand dollars, or three adjourned until nine o'clock and thirty minutes a. M. to-morrow. thousand five hundred dollars, and paid for it in installments in ten years. That is what has built the city up. But the Chinamen were put in their places. So wages were cut down to four dollars, and three dollars, and two dollars a day. Many workmen paid on real estate there

SEVENTY-FOURTH DAY. for five or six years, living in their own houses, but he could not work and pay the installments, and his property was sold, and he and his

SACRAMENTO, Tuesday, December 10th, 1878. family runs around the street. That is what the Chinamen bring in

The Convention met in regular session at nine o'clock and thirty minhere.' That is the good they do. You can buy property cheaper now

utes A. M., President Hoge in the chair. than you could five or six years ago. Men that paid thirty thousand

The roll was called, and members found in attendance as follows: dollars for their property, now you can have it for ten thousand dollars, because it won't be worth anything twenty years from now if this immigration is not stopped. You can have a whole fifty vara lot for the taxes Andrews,


Beerstecher, a are willing to pay. That is the prosperity of Chinese. Now, Mr. Ayers,


Belcher, int, I am willing to quit now for to-night, because I will get an Barbour,








THE PRESIDENT. There is a resolution before the Convention.

MR. BEERSTECHER. I second the resolution.

MR. DOWLING. My object in offering that resolution is that a

committee going from this body and interviewing the President and Burt, Hunter, Schell,

Senate, and laying the case as it is, in its true light, before them, would Campbell, Inman, Schomp,

have more effect with the President of the United States and the Senate Caples, Johnson, Shoemaker,

than any memorial sent them. I think the resolution is worthy the conChapinan, Jones, Shurtleff,

sideration of this body. Charles, Joyce,

Smith, of 4th District, MR. CROUCH. Mr. President: I move to lay the resolution on the

Smith, of San Francisco, table.

The motion prevailed.



MR. WYATT offered the following resolution:


Resolved, First-That we, the delegates of the people of the State of California, Dudley, of Solano, Larue,


in Convention assembled, do most respectfully instruct our Senators and request our Dunlap, Lavigne, Swing,

Representatives in Congress to use their influeuce to have passed a law reducing the Edgerton, Lewis, Terry,

price of the public lands in this State, within the limits of any railrond grants, to

one dollar and twenty-five cents per acre, and to enable bona fide settlers upon said Estee, Lindow, Thompson,

lands to homestead one hundred and sixty acres thereof-the lands belonging to the Estey, Mansfield, Tinnin,

United States Government being the refuse or third rate lands, and mostly embraced Evey. Martin, of Santa Cruz, Townsend,

within the foothills or mountains, and in most instances much subject to drought and Farrell, McCallum, Tully,

scarcity of water, making it necessarily expensive to improve and utilize said lands. Filcher, McComas, Turner,

Resolved, Second-That we respectfully instruct our Senators and request our Rep.

resentatives to use their influence to have passed a law restoring to preemption and Finney, McCoy, Tuttle,

homestead all the lands within the limits of forfeited railroad grants in this Stato

upon the same terms and conditions as before said grants were made.
Van Dyke,

Resolved, Third-That a copy of these resolutions be sent to each of our Senators
Van Voorhies,

and Representatives in Congress.
Walker, of Marin,

MR. LARKIN. I move the adoption of the resolution.

Walker, of Tuolumne, Mr. WYATT. Just one word. 'The railroad grants by the Congress

of the United States to the various railroads within the limits of the Graves, Nason, Webster,

State of California have been made from ten to fifteen and eighteen Gregg, Nelson, Weller,

years. Where the railroads have been completed and the grants have Hale, Neunaber, Wellin,

been made effective to the railroad companies, all the better portion of Hall. Noel, West,

the even sections within these railroad límits have of course been either Harrison, O'Donnell, Wickes,

appropriated or purchased by settlers upon the grounds. There is, howHarvey, Ohleyer, White,

ever, a third class land included in these grants that is yet open to Heiskell, Overton, Wilson, of Tehama,

preëmption and homestead settlement at the double minimum price. Herold, Porter, Wilson, of 1st District,

That is to say, that a party can preëmpt or homestead eighty acres, or Herrington, Prouty, Winans,

buy eighty acres, at two dollars and fifty cents per acre. These lauds, in Hilborn, Pulliam, Wyatt,

consequence of the length of time they have been in the market, Hitchcock, Reddy, Mr. President.

have been picked and culled until those now remaining in the

market are not worth the double minimum at which they are holden. Berry, Fawcett, O'Sullivan,

It is, then, with a view of putting them within the reach of any and all Biggs, Hager, Reynolds,

settlers who may desire to take them up that it is asked that the double Casserly, Martin, of Alameda, Shafter,

minimum be taken off, and that they be restored to the market at the Cross, McConnell, Smith, of Santa Clara,

old rate of one dollar and twenty-five cents per acre. The second resoDudley, of San Joaquin, McFarland,


lution refers to another class of lands. Many grants have been made to Eagon,

railroads in this State which have been forfeited upon non-user of the charter of the railroad company. They stand blocked, both in the even

and odd sections, against settlement. For this reason I ask that this Leave of absence for one day was granted Mr. O'Sullivan.

resolution pass, and that our Senators and Representatives be instructed Leave of absence for two days was granted Mr. McConnell.

to take the double minimum from these lands. THE JOURNAL.

MR. VAN DYKE. Mr. President: I think the resolution probably is Mr. BEERSTECHER. Mr. President: I move that the reading of a very good one, but the delegates cannot understand it from hearing it the Journal be dispensed with and the same approved.

read at the desk, and it should be either printed or referred. I move

that it be referred to the Committee on Land and Homestead Exemptions. Carried.

They can examine it, report it, and have it adopted. We cannot conPETITION FOR LIKN LAW.

sider it this morning, because the delegates have not had an opportunity MB. CONDON presented the following petition, signed by a large to examine it. number of mechanics and other citizens of California, asking that a pro

MR. WYATT. Mr. President: I suppose it would be well to have the vision be made in the Constitution for a lien law:

resolution lay over until to-morrow, or next day. I am in favor of the To the President and members of the Constitutional Convention:

passage of the resolution at the earliest day possible. Congress is now in GENTLEMEN: The undersigned respectfully represent that the practical working session, and unless the resolution is forwarded at a very early day it will of the present legislation, and decisions of Supreme Court based thereon, regarding do no good at the present session of Congress. It is simply to take off the rights of mechanics, material-men, and laborers to a lien for their labor and the double minimuin and restore the lands to the original government material furnished, is such that those who in a measure depend upon such law for just protection fail in nearly all cases to obtain it, because of the inefficient working price of one dollar and twenty-five cents per acre, and the right of preof said law.

emption and homestead to one hundred and sixty acres, instead of eighty Wherefore, we pray you tv declare, in our organic law, the right of every acres. I am willing that the resolution should lie over, and be printed mechanic, niaterial-man, and laborer to a perfect lien on the thing whereon his in the Journal, to be taken up to-morrow morning. labor has been expended, or for which his materials have been furnished.

MR. HUESTIS. I make that motion. Moreover, we would state that we would be satisfied with amendment number one hundred and sixty-seven, introduced by Mr. Van Dyke, on October tenth, eighteen

MR. BLACKMER. Mr. President: I would call the gentleman's hundred and seventy-eight, and read and referred to Committee on Miscellaneous attention to the phraseology of the resolution. I see that he uses the Sulijects, as follows:

** SEC. – Mechanics, material-men, artisans, and laborers of every class shall expression instruct our Senators and request our Representatives.” have a lien upon the property on which they bave bestowed labor or furnished mato Now, I think that we have no right to instruct the Senators of this state. rials, for the value of such labor done and materials furnished, and the Legislature It should be in the form of a request. I suggest that it should be fixed shall provide by law for the speedy and efficient enforcement of said liens."

before it is printed. And your petitioners will ever pray.

MR. WYATT. I am willing to conform to the phraseology suggested Referred to Committee on Miscellaneous Subjects.

by the gentleman.

The motion prevailed.
MR. WELLIN presented a similar petition.
Referred to Committee on Miscellaneous Subjects.

MR. OVERTON offered the following resolution :
MR. DOWLING offered the following resolution:

Resolved, That the sum of ten dollars be and is hereby ordered to be paid out of

the funds of this Convention to J. J. Flynn, for services rendered as Clerk of the Resoired, That a committee of three be chosen by the Convention, whose duty it Committee on State Institutions and Public Buildings. shall be to proceed to Washington at once and present a memorial to the President of the United States, the Senate, and the House of Representatives, requesting an THE PRESIDENT. It will be referred to the Committee on Mileage in mediate modification of the Burlingame treaty, so that Congress will be enabled

and Contingent Expenses. to enact a law prohibiting the further immigration of Chinese to the United States

MR. OVERTON. The committee kept their own minutes, but this of America.

Resolved, that the said committee place the Chinese question in its true light THE PRESIDENT. It will have to go to the committee under the before Congress, and make the necessary arguments regarding this Mongolian rules. plague, setting forth the grievances of the Pacific States and Territories on this


Resolved, That this Convention provide in the Constitution so that the expeuses MR. MILLER. Mr. President: I move that the Convention now resolve incident to the occasion be paid by the State.

itself into Committee of the Whole, the President in the chair, for the MR. BROWN. I move that the Convention resolve itself into Com- purpose of further considering the report of the Committee on Chinese. mittee of the Whole.




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