thought, that there is any great need for this argument. On this subject, I believe that the voice of humanity dictates that it is a vice; that it is the sentiment of the people of this State that it is a curse; therefore I do not propose to discuss that proposition at any length. We find ourselves in a very peculiar condition. We have the slaves of Asia, the penal scum of Europe pouring in upon us for the last twenty-five years, and in addition to that we find England closing Hell Gate and all her colonial ports against all of such scum, and we ask, in behalf of the people of this State and of humanity, that the Golden Gate shall be closed against them likewise. We ask this as a matter of self-protection. And I claim we have the right, notwithstanding the Burlingame treaty, to incorporate a clause in this Constitution, to drive out, if you please, from the incorporated cities of this State, and from the counties, this Chinese curse. Now, you may think that this is an extreme view, but if there is one thing above all others that I am in favor of, it is of protecting my Caucasian brothers in the State of California. I say England has closed Hell Gate, and I am in favor of closing the Golden Gate also. When we talk about the Burlingame treaty we are informed by these shoddy demagogues, hypocrites, and false philanthropists that we are powerless. You cannot abrogate the treaty because England is a party to that treaty. They hold a part of China, and she has become a party to the contract. It is a lamentable fact, Mr. President, that we find ourselves so thoroughly controlled, both in our State and national halls of legislation, by the money bags of Europe, that our liberties are almost gone. And if we are to be compelled to submit to this thing, what will be the result? When we find that our statesmen have betrayed us; when we find that the combined powers of Europe are controlling the National Legislature against us, why, there is but one sequel to this question, and that is, that this country will be revolutionized, because, sir, Mongolian slavery can never predominate in this free country. I hope my eyes may never behold the spectacle. Again, I ask, where are our statesmen? Will some great mind come to the rescue and stay the impending conflict, and prevent, if possible, the deluging again this glorious country with blood; and it was to prevent this state of things that the workingmen have been called into existence to bare their breasts to the fight to maintain the constitutional law of this government. The farmers ought to be as deeply interested in this matter as any of us, but I am sorry to say such is not the fact. The Grangers are false to their professions in this. They declare in their declaration of principles to foster and to elevate labor. Do they practice what they preach? No; they turn my boy and yours from their door to become a tramp-in most cases unwillingly. Why, sir, I have been cautioned by my brother Grangers not to oppose Chinese labor; if you do, you will sink the institution. I am told that many of our most influential Grangers are the advocates of Chinese cheap labor, and the Grange cannot afford to antagonize such an influence in the Granges. I am sick and disgusted with all such ideas and men; they are our very worst enemies. Instead of elevating labor, they are dragging labor down to the level of the Mongolian serf. Let the producing classes come down from their false position of high life in low circumstances, drive the Mongolian from the kitchen, from the wash-house, and place therein a Caucasian boy or girl. Stop before it is too late. No longer assist in dragging down our daughters to degradation and disgrace. You cannot deny it. The result of this Chinese labor is the filling of our land with hoodlum boys and girls, and you may talk as you like, but this is the subject of all others. The people are calling upon you, and you should open your mouths and assist us in some way, and let us once more stand up in our stalwart worth and manhood, like decent and dignified white men of our nation and State. Why, sir, where are our statesmen? They are dead! dead! Dead to the sensibilities of human nature. They tell us if it had not been for this system of human slavery the State would not to-day have been what she is. Go with me into the berry fields of San José-or any other portion of the State-and when you find a man that is willing to give white men and white boys employment, what does he tell you? Simply that it is impossible for him to employ white labor and compete with his neighbor who employs Chinamen. This is something that presents itself to every intelligent mind, and it should be dealt with according to its merits. Go to the fruit growers of the State, along the Sacramento River, and see the hundreds and thousands of Chinese that are employed, and ask these men if, in their inner consciences, they think it is right to give employment to Chinese to the exclusion of white men. They will tell you that when a white man comes along and wants work, he is informed that he must eat with and sleep in the same house with the Chinese. If that don't suit, you can go along. So, of course, he is turned away from his own people, and made to live with a herd of slaves. He is not fit to lay down his blankets and partake of the hospitalities of his own people, but has to eat and sleep with these slaves. You have driven all the honest labor from the State, in this way, both male and female. We have heard so much of the dogmas of the would be leaders of the Republican party. I hope I may be excused for speaking thus plainly in reviewing the actions of the political parties on which we have depended. I say to you to-day, behold, if you please, the Goddess of Liberty, weighed down by over two billion dollars. Where has this money gone? Much of it has gone to subsidize a few scoundrels in the shape of a Chinese steamship company, for the purpose of importing and bringing into this State this horde of Mongolian slaves, and yet they tell We come when the people who take from the soil the materia this great State will have no more to do with them. statesmen, who are awake to the wants and necessities of a g Mr. Chairman, I am afraid the American statesmen have a live. I would like to see California produce one statesma people might have confidence in. We are admonished by man from San Francisco, General Miller, not to be led away calls popular clamor. Sir, was it not popular clamor the British tea into Boston Harbor? And was it not that sa clamor that resulted in American independence? It was actuated the people, and yet we are told that we must not popular clamor. I admonish you to give heed to popular is the voice of the people finding expression, and the voice o is the voice of God." S We as And more, sir, we have seen these Chinese erect in the hea city an independent tribunal of justice, so called, in defiance of the government. Is there any other nation on earth so there any other nation that would for one moment tolerate su These heathens are employed in almost every household Have you ever thought how extensively they are employed house in the city, on the farm, and everywhere. Nineteen of farmers who have help to cook for employ Chinese cooks. should determine to destroy us, they could by one fell swoop poison in the food, destroy the people of the State. not employ them? The Supreme Judges do, all the State the farmers do-in short, we all do; directly or indirectly, i or other, we are compelled to contribute to their support; a little this curse is fastening itself on the society and the po fair land. They can never assimilate with us, and never can and will supersede us in all branches of industry and la of their habits of cheap living. They domicile with the ra One hundred of them will thrive and do well in the sam would be required for an honest white man and his family. no tribute to the government, they will not fight the ba Union; the autocrat, the millionaire, and the Shylocks want them, and we are told that our duty is to compete Mongolian slaves. I say these are public servants who t this, and it is disgraceful. White men will not submit to t and white women need the work and must have it. Where blooded wretch who says this is not a great shame and a disg I am proud to know that it does not meet with the approba people of this State. Then, sir, again my attention was recently called to anotl rible outrage. The State gives one hundred dollars for the maintenance of orphans, and seventy-five dollars a year for h and abandoned children. The people of this State are call pay this money, but, sir, within a stone's throw of this buil washing from that asylum-which was burned a few night to the Chinaman. There are young girls in that institution to sixteen years of age who are perfectly able to do this worl that curse is fixed upon us so firmly that false pride and fa is driving us to perdition as fast as possible. I say it is wr should permit these things. It is wrong that the people should be compelled to pay taxes to support such institutio Think of it, thirty or forty dollars worth of washing taken building every month and given to these Mongolians, when ought to be compelled to do it themselves, instead of being s idleness. Again I ask some of our great statesmen to rise ar problem. Help us out of this difficulty. It is debauching p in every sense. We see it on every hand, and yet our gre never heard to utter a word against these things. They r these are trifling matters. Mr. Chairman, there is where begin. Come down to the very bottom, and work up to a m condition of things. The Chinese, we are told, in many of States are constantly being admitted to citizenship. Now 1 to be informed by some intelligent gentleman how we are to this. Are we informed correctly when we are told by the le government that they are not entitled to become citizens, ( take the records of those Courts which are admitting them to Only a few days ago, in New York, several Chinamen were citizenship. I tell you gentlemen this is all a delusion a And I am waiting for some of the leaders of this Conventi mean the mudsills-to come to our rescue, and do somethi relieve us of this curse. I would that I had the power to slaves over to the other side of the Mississippi River, five th thousand, yes twenty thousand of them, in order that the Ea might become educated up to our necessities; and if I ha to-day I would send a horde of those Chinamen into Ne That is where I would send them. That is what I would do and I pray that time may come. But there is no hope of intend to make their homes here. And unless we can find s prevent it they will fasten themselves upon us forever. And now, Mr. Chairman, I want to give you an idea of t of a man who made an attempt to come to this Convention, whereof I am speaking. It was he who contended againstr in this Convention. He is possessed of great wealth, havin of perhaps eight hundred or one thousand dollars a month i rented to Chinese prostitutes. When our little city passed a C few, and if I thought such men could ever wield and control the power in this State, by the eternal God I would leave it, never to return. But having grown up, as it were, in this State, having enjoyed almost thirty years' citizenship, having all my interests identified with those of the glorious State of California, I shall not leave so long as there is a chance of ridding the State of this curse. If I had not taken the opportunity of saying a word on this question, I should have considered myself derelict in my duty as a citizen and a representative of the people. We want to know whether our hands are completely tied by the combined power of Europe and the banks of America? For God's sake do not let this opportunity pass, but in thunder tones breathe an emphatic declaration into the fundamental law of California. If the time comes when our liberties are to be taken away, let us rise up and see to it that none but friends are put on watch. Send those to Congress who we know will abrogate the Burlingame treaty, and make the Caucasian people free from the scum of Asia. Let us work in the interest of the free people of the country, and let us make our record now. SPEECH OF MR. WICKES. THE CHAIRMAN. Yes, sir; the committee refused to put the main "Strike out the words, are not eligible to become,' in line four, General Government. SPEECH OF MR. BURT. MR. BURT. Mr. Chairman: I have two objects in offering this amendment. In the first place, I wish to state here that I am not only willing but anxious to go just as far as possible in legislating upon this subject without coming in conflict with either the laws or the treaty of the General Government. But it seems to me, sir, that the section as direct conflict with what is known as the Burlingame treaty. That now constructed, if it is engrafted into the Constitution, must come in treaty provides substantially that citizens of the Chinese Empire shall enjoy all the rights and privileges accorded to the subjects of the most MR. WICKES. Mr. Chairman: What we do here must not be done favored nations. Now, it seems to me, sir, that this section two must of necessity come in direct conflict with the treaty; whereas, if the amendwith reference to any one class of the people of this State. Our work here is not final, and upon this Chinese question we wish, as near as ment which I propose is adopted, it will do away with any such conflict. If I am mistaken in my construction of this section I shall be only too possible, a unanimous ratification of our work. In deference, then, to those who believe in the brotherhood and evangelization of man, I give glad to be set right; and my object in offering this amendment, or one a brief outline of scriptural authority for the division and exclusion of object, is to provoke discussion upon this point, to determine how far we races. First, I speak of the confusion of tongues and dispersion of races, may go without coming in conflict with the laws and treaties of the from the plains of Shinar, in the Valleys of Euphrates and Tigris. The same power, if the whole race is descended from one pair, must have amendment. It is a well known fact that within a short time past But, sir, I have another and more potent reason for offering this infused primordial germs into these wandering peoples, from the devel-certain citizens of the Chinese Empire have been naturalized in some opment of which, under modifications of climate and surroundings, of the Eastern Courts, with the avowed intention of bringing the submust have come the three or five distinct types of human kind. They ject before the United States Supreme Court, in order to have them created the tower of Babel, and the tower was destroyed, and a confusion determine whether or not Chinese are eligible to become citizens of the of tongues ensued (something like that witnessed here in this Convention United States. Now, if the Court should decide that they are eligible, at times). These types now show that they are adapted to present and this section two, with the section following, must inevitably fail to peculiar conditions. St. Paul declares that, although God made of one flesh and blood accomplish the purposes for which they are intended. But under the all nations of the earth, He appointed unto them their bounds and amendment, as offered, it will still be effective to a certain extent, as it habitations. Missionary work involves the sending out, to convert, Chinese will avail themselves of the privilege of becoming citizens of the is not, in my opinion, reasonable to suppose that any large number of the not bringing in incongruous material to proselyte. The term " Apostle," United States. But, should the decision of the Court be in the negative, means "one sent." Scripture, then, plainly teaches that the races are on different lines of evolution. If other races invade us, we should still have as much force as it would if passed in its present shape. In that they cannot become citizens, then the section, as amended, will order them back, or meet force with force supported by the whole people offering this amendment I have no desire to aim a shaft at the people of the State. The Jews expelled the Canaanites from the inheritance of any of the foreign powers known as Christian nations. If I did so provided by God for Abraham and his descendants. A prediction in the Bible, relative to a people numerous as the sands of the sea, styled intend, it would be upon the fact that I realize that the subjects of these Gog and Magog, a Tartar race who shall threaten the Christian civiliza- United States, and they have only to declare their intentions in order to foreign powers are here with the intention of becoming citizens of the tion, evidently points to the Chinese. It cannot mean the Turks, for place themselves on a level with the citizens of the United States, so the Mahomedan power is now broken, and its system of theology passing far as the prohibitions contained in this section are concerned. by an easy transition into the Christian. Nature teaches the aristocracy of race, the law of nature's selection, the survival of the intellectually fittest. Culture developes the higher from the lowest types. Agriculture, floriculture, and stock raising teach us to preserve the best seed, The coming race, then, must be evolved from the white. The maintenance of this higher law should be dearer to us even than the Federal Union. In the Constitution we can only introduce such police measures as are covered by sections one, two, and three, and eight of the article on Chinese. We cannot exclude the Chinese, because we contravene the treaty-making power of the United States (vide amendments of the United States Constitution). We can now also memorialize the Congress of the United States to modify or abrogate the Burlingame treaty, and can prohibit naturalization of Mongolians in our Constitution. I am in favor ultimately of exclusion; but as we are obliged to lay our projectile Constitution before the United States Congress, for its recognizance, it would not now be good policy to defy the National Government. We must elect the next State administration pledged to support the closing of our ports against the Chinese, and work the public mind up to sustain such measures. Who does not stand shoulder to shoulder with us then, is a recreant to his race. For my own part, if this Chinese immigration is not stopped, I shall have to take my little family from these shores to some isle of the sea to spend the remainder of my days. I can see no other escape unless this invasion is soon checked. [Applause.] THE PREVIOUS QUESTION. MR. SMITH, of Kern. one. SPEECH OF MR. ROLFE. MR. ROLFE. Mr. Chairman: From a cursory view of this section, and of the amendment offered by the gentleman from Placer, I am inclined to favor the amendment more than the original section, for the reason that we are in a very uncertain state as to who are capable of becoming citizens of the United States. We have heard of one or two instances in which the Courts have decided that no Mongolian, or person of the Mongolian race, can, under the laws of the United States, become citizens. But recently the other Courts have held quite the reverse doctrine, and have naturalized Chinamen-Mongolians. So, as I said, it is very uncertain at the present whether a Chinamen can become a citizen or not. And long before it is determined, we do not know but Congress will step in and cut the Gordian knot by declaring that the people of that race can become citizens. We do not know but they may. I hope they never will; but we cannot tell what may be the outcome. Now, this question of eligibility all depends upon the Acts of Congress. Generally we understand that the only grounds upon which Chinese, or Mongolians, have been prohibited from becoming citizens, are that Congress has never passed an Act covering the case. There are Acts of Congress authorizing white aliens to become citizens, and those of African descent-none other. Therefore, some of our Courts have decided that there is no law of Congress authorizing the Mongolian race to become citizens, and upon that ground they refused to naturalize them. But all that is necessary, under the most favorable decision, under the most unfavorable decision, as regards the Chinese, is simply for Congress to I move the previous question on section pass an Act covering their case. So, that placing this section as it now The motion was duly seconded. stands in the Constitution, or any of these sections in regard to aliens who are ineligible to become citizens, seems to me will amount to but little; because, if Congress is disposed to hear our complaints upon the Pacific Coast, and legislate in our favor, they will at once take steps to abrogate the Burlingame treaty, and pass other Acts putting a stop to Chinese immigration, by Act of Congress. If they are disposed to do it, they will pass direct legislation discouraging and prohibiting Chinese immi MR. CROSS. I am tired of hearing this previous question. THE CHAIRMAN. The question is, Shall the main question be now put? Division was called for, and the committee refused to order the main question-ayes 39; noes 46, and the section was passed over for one day,gration. But if, on the contrary, they are disposed to look adversely to under the rule. CORPORATIONS AND THE CHINESE. THE CHAIRMAN. The Secretary will read section two. our views, take a different view, saying that we are wrong, notwithstanding all the articles we may pass against persons who are ineligible to become citizens of the United States, if Congress is so disposed, they will simply pass a law that any person of any race may become a citizen SEC. 2. Any corporation incorporated by or under the laws of this of the United States, and that will rob all these provisions of their State, or doing business in this State, shail forfeit its franchises, and all vitality. As far as that goes, it had better be left to Congress. If we legal rights thereunder, if it ever employs, in any capacity whatever, wish to prohibit their immigration and employment (we cannot prohibit foreigners who are not eligible to become citizens of the United States immigration)-if we wish to put in a clause prohibiting their employunder the laws of Congress. This section shall be enforced by appro-ment, why not say Chinese at once, instead of saying that no person of priate legislation. MR. JOYCE. What becomes of my substitute? MR. CROSS. Was the majority opposed to the previous question? the Mongolian race shall be employed upon any of the public works, We mean Chinese, and why not come out squarely and say so. etc. It will be much more effective, if there is nothing whatever said with reference to aliens who are ineligible to become citizens. Now, as to this amendment, I will state the danger I think I see in it. This section is very broad. Just look at it: "Any corporation incorporated under the laws of the State, or doing business in this State, shall forfeit its franchise and all legal rights thereunder if it employs in any capacity whatever foreigners who are not eligible to become citizens of the United States, under the laws of Congress. This section shall be enforced by appropriate legislation." Now, that might do very well if it only applied to men who come along and ask for day's work, because these corporations, or their officers, when a man comes along who looks like an Irishman, or an Englishman, can make him show his papers. If that was the only fault it would not be so bad. But even in that case I would rather have it apply directly to Mongolians than to all aliens. But we all know that a great part of the work of California, a great number of the enterprises carried on here are by corporations, which must of necessity be carried on by corporate capital. We have a great many mining companies, and we all know that modern mining enterprises must be carried on by corporations. In most of our mining enterprises a vast outlay of capital is required, and it takes years and years of constant effort before any profits are realized. Sometimes members of a company die and others take their places before the result is achieved. Such enterprises I say could not be carried on by voluntary partnerships. Now, one of these companies may have occasion to employ men in England, or in France, to carry on their business. They may have occasion to ship machinery from England, or from France, and of necessity would be compelled to employ a Frenchman or Englishman to do that work. They must not be employed by the corporation in any capacity whatever. I say, sir, that this section is entirely too broad. So, taking that view of the case, any Court would be compelled to place that construction upon it-in fact no other construction can be placed upon it. Therefore, every company having occasion to send to England to get a piece of machinery to carry on its works-machinery perhaps that could not be had here-employing an agent in England to see to the shipping, employing an English ship to transport it, the corporation would, under this section, forfeit its charter. While I am on this subject, I will say that I agree with all that has been said on this floor as regards the evils of Chinese immigration. I have never employed Chinamen in my life, except when I was absolutely compelled to. I never employed them in any capacity except to do work that I could not get done by white men. I have never in any other instance employed them, and I never will if I can help it. I would rather pay a white man twice the wages. But, Mr. Chairman, I have taken an oath to support the Constitution of the United States. Now, I see an article here which my judgment tells me is in direct conflict with the Constitution of the United States. Whether it be right or wrong, as long as it conflicts with the Constitution of the United States I cannot support it. I say if this government is not good enough to live under, we had better rebel at once against the Government of the United States and set up an independent government of our own, where we will not be hampered. But as long as I am sworn to support the Constitution of the United States, I will not consent to a violation of its provisions, such as this. While we are one of the States of the Union; while I am here in a capacity in which I have sworn to support the Constitution, I say I will not vote for a section which my judginent dictates to me is a violation of that Constitution. And there is another reason: it would be absurd to do so. We might show our disposition to make a Constitution here in violation of the Federal Constitution, but we will accomplish nothing by it, except to make ourselves the laughing-stock of the world. The first Court before which our work is brought would disregard it, and treat it as unconstitutional and void-as a violation of the Constitution of the United States. So that it is a mere waste of time to pass any such provisions. Gentlemen say we have a right to do this. That may possibly be so, but if it is, my judgment and reason are greatly at fault. My judgment tells me that we have no right to do it. If other gentlemen think differently, very well. For my part, I think we have no right to put it in the Constitution. I am prepared to stand here and defend and support the Constitution of the United States, and I am not prepared to vote for a section which I think is in direct violation of it. On that ground, and upon the ground that it will make us the laughing-stock of the country, I refuse to vote for it. Now, if there is any thing we can do to prevent this Chinese immigration, I will go as far as any gentleman in this Convention, or any person in the United States, to accomplish it. I will go as far as any person in the United States in my own individual efforts to do it. We all concede that it is an evil. Why spend so many days in discussing that part of the question. Why do gentlemen get up here and spend time and money in discussing the evils arising from Chinese immigration, when we all admit it, with scarcely an exception? I venture the assertion that there is not one person in a hundred in this State but what looks upon the matter in the same way; and if they could stop it they would do it. Let us stop talking about that part of it, and try to find something effective, and not pass a section which will fall to the ground as soon as it is contested. If we cannot do any thing in this Convention, let us memorialize Congress, as one gentleman has well suggested. Let us do something which will have some effect, if possible. Mr. Chairman, I have spoken longer than I intended. I merely suggest these objections to the section as it stands. MR. BEERSTECHER. Mr. Chairman: How many amendments are there now pending? THE CHAIRMAN. Only one. shall first procure a certificate of authority; such certificate shall be issued to any applicant of a race eligible to citizenship under the laws of the State, without cost, by any Court of record of the State. No person of foreign birth shall engage or continue in any manner of employ ment in this State unless possessed of such certificate; nor shall any person, copartnership, company, or corporation, directly or indirectly, employ any person of foreign birth within this State, unless such person possess such certificate. The Legislature shall provide for punishment of violations of this section. Prosecutions shall be maintainable against both employers and employés. Each day's violation shall constitute a distinct offense." SPEECH OF MR. BEERSTECHER. MR. BEERSTECHER. Mr. Chairman: I am oppposed to the amendment proposed by the gentleman from Placer, Mr. Burt. I am opposed to it because it strikes out everything that there is in the section directed against the Chinese. It strikes out the words "foreigners not eligible to become citizens of the United States," and inserts the words, "have not declared their intentions." It applies to all foreigners who have not declared their intentions of becoming citizens. It would be a question whether the Chinese would not escape it by declaring their intentions, though the Courts might hold that declaring one's intentions could only be evidenced by receiving first papers. MR. BURT. I would ask if the substitute proposed by the gentleman is not open to the same objections? MR. BEERSTECHER. I propose to speak of that. I am, therefore, opposed to the amendment because it destroys the section; it is rendered absolutely worthless as regards the Chinaman. MR. O'DONNELL. Mr. Chairman MR. BEERSTECHER. When I get through I will tell you. The amendment which I have presented reads as follows, and I desire to call your particular attention to it: "SEC. 2. All persons of foreign birth, before engaging in any manner of employment on their own account, or for others, within this State, shall first procure a certificate of authority; such certificate shall be issued to any applicant of a race eligible to citizenship under the laws of the State, without cost, by any Court of record of the State. No person of foreign birth shall engage or continue in any manner of employment in this State unless possessed of such certificate; nor shall any person, copartnership, company, or corporation, directly or indirectly, employ any person of foreign birth within this State, unless such person possess such certificate. The Legislature shall provide for punishment of violations of this section. Prosecutions shall be maintainable against both employers and employés. Each day's violation shall constitute a distinct offense." It seems to me that is sufficient. It is not necessary, as a matter of punishment, for a violation of the provisions of this section, to say that the corporations shall forfeit their charters. It meets the objections raised by the gentleman from San Bernardino, Mr. Rolfe, that a person of foreign birth, not a citizen, and not desiring to become a citizen, entering the State for the purpose of erecting machinery, and after having done that particular work, again departs from the State. He says his objection to the original section is that, if the corporation so employed a man, it would forfeit its charter. They could not employ an alien in any capacity whatever, and to that he objects as being too broad. Now, in this case, under the provisions of the amendment I have offered here, that objection does not hold. Any foreigner can come into this State, whether he desires to stay one day or one year; and if he desires to do a particular piece of work, or desires to continue laboring here, it is not necessary for him to say that he desires to become a citizen, or to declare his intentions of becoming a citizen, but all he has to do is merely to go before a Court and ask for a certificate as a matter of right. He receives it, and he can then go on at any kind of labor without fear of molestation. But if any of these companies do employ any individuals not possessed of these certificates, they shall be punished as the Legislature may prescribe. If the Legislature in its wisdom should see fit to declare a forfeiture of charter the penalty for a violation of this provision, they can do so. The matter rests with the Legislature entirely. Now, I have provided that "prosecutions shall be maintained against both employers and employés. Each day's violation shall constitute a distinct offense." Of course, if a Chinaman should go before a Court in this State, as the law stands to-day, he could not receive a certificate of this character. It would not hinder him from carrying on business on his own account, but he could not be employed by any corporation in this State. He would be subject to punishment by fine and imprisonment, and the corporation employing him would also be subject to fine and imprisonment. As the section is drafted, it says these certificates shall be granted on application to any person who is eligible to become a citizen under the laws of this State. Not under the laws of the United States, but under the laws of this State. It has been held by the Supreme Court of the United States that the matter of exercising the right of suffrage was a matter absolutely and exclusively within the supervision of the State, and that the State had a right to decide, had the right to say who should vote at its elections. And we can say that Chinese cannot vote in this State, and therefore I have used the word State. It seems to me that the section will cover everything that can be covered. As the Chairman of the committee said--there is one way to get rid of the Chinese, and that is to starve them. There is a limit, even to their powers of subsisting, because they even cannot live upon nothing; and if they cannot get any employment in this State-if we MR. BEERSTECHER. Then I will offer an amendment by way of prevent them from laboring-it will prevent others from coming, and a substitute. It is proposition number four hundred and sixty-six. THE SECRETARY read: "SEC. 2. All persons of foreign birth, before engaging in any manner of employment on their own account, or for others, within this State, the result will be that those who are here will be reduced to starvation, and will be glad to go, and those who desire to come will be discouraged from coming. And again, as stated by the gentleman from San Francisco, Mr. Bar bour, if we adopt this system of starvation, if we give them nothing to do, if we pay them no money, we finally reduce them to paupers, and when they are reduced to the condition of paupers, we have the right to transport them and send them out of the country. I am in favor of adopting strict measures. We have to do it. If we adopt all these measures, and the Courts declare them unconstitutional, we are no worse off than we are now. It is expected of this Convention that we act decidedly in these matters, and that this great question be not ignored. I am very sorry to see the gentlemen upon this floor who should be express-ing curse. I have heard our own candidate for legislative position make ing their opinions, whether for or against the legality or constitutionality, remaining silent. I hope the silence will be broken, and that the representative men upon this floor from different portions of the State will speak out upon this subject, or it will be a damage to the State of California, a damage to the interests of the State, a damage to the people of the State. Congress, at Washington, will point their fingers this way and say the great lawyers in the Convention, when the Chinese question was up for discussion, were silent. The great men who had seats in the Convention were silent upon the subject, and that shows that the people of the State of California care nothing about it. The Chinese representatives in the City of Washington will say, now you see who has been speaking upon this subject. It was only the Workingmen's delegates-the lower strata of society, not the solid, representative men. I would like to hear the solid men come out solidly upon this subject. It is due to the people of this State that they should come out and state their views on the subject. If we are wrong; if we are going too far; if we are overstepping our powers, let us know it. Now, every individual, whether he vote for or against the proposition, is indirectly responsible for every proposition that is adopted here. And if we adopt a lot of ridiculous stuff, the ridicule falls upon the head of every individual; it does not merely fall upon the head of those who introduced the propo-where the Chinese are made equal in this country before the law with sitions. I would like to see this matter thoroughly discussed, because a discussion of the subject would aid and assist in solving the question, and the record of our proceedings will go on to Washington and show that we are thoroughly in earnest in this matter and mean business. MR. O'DONNELL. One word will correct this section, I think, and make it perfect. I wish to amend it by inserting after the word "employ" the word “Chinese;" and strike out all after the word 'whatever," so that the section will read: Any corporation, incorporated by or under the laws of this State, or doing business in this State, shall forfeit its franchises, and all legal rights thereunder, if it ever employs Chinese in any capacity whatever." 66 THE CHAIRMAN. There are two amendments pending already, and the amendment is not in order. MR. O'DONNELL. I wish to read the section again, as amended-(to a member interrupting)-shut your mouth, will you? THE CHAIRMAN. The question is on the amendment of the gentleman from Placer, Mr. Burt. Lost. THE CHAIRMAN. The question is on the substitute offered by the gentleman from San Francisco, Mr. Beerstecher, which the Secretary will read. MR. O'DONNELL. I offer my amendment. THE SECRETARY read: Francisco, Mr. Beerstecher, presents an idea to me that I am not justified in allowing to pass unnoticed. For years, sir, I have viewed with deep solicitude this Chinese question, and I have been to a certain extent conspicuous in my opposition. Since I can remember, almost, I have heard repeatedly from both sides of the political field; I have heard politicians on the stump declare their allegiance to the people, and their opposition to the Chinese, indicating that if that or this particular party succeeded, some relief would surely come to the people from this blightpledges and promises, but I felt in my heart that nothing would be accomplished. Repeated failures to grant the people any relief has been one of the prime causes of the calling of this Convention. They came to believe that real reformatory measures could only be obtained through and by constitutional enactment. And, sir, feeling a great interest in this subject, I have looked into it and attempted to investigate it, and I have almost come to the conviction that even in the capacity of a constitutional body, we will fall far short of giving to the people the relief which they ask at our hands, and which they anticipate. We find that we are hedged about, even in a constitutional capacity, by the principles of a Federal Constitution on all sides. I refer to this matter as touched upon by the gentleman from Los Angeles. We are hedged about, sir, by the decision of the Supreme Court, as laid down in the twentieth California. We find also in the Federal Constitution (touching this proposed sixth section of the report of the committee) in the fourteenth article it declares that no State shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law. It does not restrict it to any citizen, but to any person within its jurisdiction. Now, sir, reverting to the Burlingame treaty, we find this again, citizens of the most favored nations. All these conditions and difficulties confront us, even in a constitutional capacity, and render this subject full of difficulties and complications. Some remedy is demanded; some relief is prayed for. We have seen this curse growing upon us, we have seen the Chinese gradually spreading over the various portions of the State, crowding out the white population, until it requires no prophetic vision to see that it is only a question of time when we must go to the wall. In view of the difficulties which surround us; in view of the insidious character of the race; in view of the Federal Constitution and the treaties made under it, we may not be able to accomplish all we hope to accomplish, or all that the people demand. But it behooves us to take every measure compatible with the laws of the country, and the treaties of the country-every measure compatible with common sense and justice, to restrict this immigration, however extreme and radical they may seem. Now, sir, under the general powers of the State, under the right of the State to regulate its own internal affairs, and under the police power of the State, I believe the provisions contained in the substitute offered by the gentleman from San Francisco, Mr. Beerstecher, can be made effective. It will at least have the effect, if not to send them back to China, to send them into some other States; and I wish, if we cannot awaken them in any other way, we could transfer the whole Chinese population over to some of the Eastern States, that the people there might be brought only way the people of the Eastern States can be educated out of their sentimentalism. They look upon us as crazy on this subject, as hardly knowing what we do want. In the debates before Congress, it has been asserted that the people here do not know what they want. That the opposition to the Chinese comes from the inferior classes, and not the the legislation which has been enacted. The people are almost, if not "In the third line, after the word 'employ,' add the word 'Chi-to realize the condition of the people of California. I believe that is the nese,' and strike out all after the word whatever,' so that the section will read: Any corporation, incorporated by or under the laws of this State, or doing business in this State, shall forfeit its franchises, and all legal rights thereunder, if it ever employs Chinese in any capacity whatever."" THE CHAIRMAN. The question is on the amendment of the gentle-opinion of the intelligent classes. The first idea is false, as indicated by man from San Francisco, Dr. O'Donnell. 44. Division being called for, the amendment was rejected-ayes, 31; noes quite, unanimous in their opposition to Chinese immigration, and there THE CHAIRMAN. The question is on the adoption of the tleman from San Francisco, Mr. Beerstecher. THE SECRETARY read: is no gentleman on this floor who will deny it. But the question here, amend-to-day, is not as to whether Chinese immigration is an evil; the question is, what can we do? How far can we go? What measures can we propose? The idea of this last proposition is, that we require all foreignersthem to engage in business, provided they are eligible to become citizens of the State. That would be refusing the certificates to the Chinese, and No per "SEC. 2. All persons of foreign birth, before engaging in any man- he becomes disabled from gaining employment; and the consequence ner of employment on their own account, or for others, within this State, will be that he will find his way into Arizona, or Nevada, or Oregon, or shall first procure a certificate of authority; such certificate shall be Washington Territory, and from there work his way East. They will issued to any applicant of a race eligible to citizenship under the laws be compelled to emigrate to some other part of the country, to some other of the State, without cost, by any Court of record of the State. part of the United States, and by that means, those skeptical people will son of foreign birth shall engage, or continue in any manner of employ-be brought to realize the benefits of having a Chinese population in their ment in this State, unless possessed of such certificate; nor shall any midst, so that they may educate, convert, and Christianize them to their person, copartnership, company, or corporation, directly or indirectly, to thank God that it has fallen to our lot to have these heathen people I know it has been claimed in the East that we ought employ any person of foreign birth within this State, unless such person cast among us, in order to Christianize and convert them to the true possess such certificate. The Legislature shall provide for punishment religion; yet I doubt very much if there has ever been an absolute of violations of this section. Prosecutions shall be maintainable against Chinese conversion in the world. They believe in the doctrines of Conboth employers and employés. Each day's violation shall constitute a fucius as firmly as we believe in our religion, and it is just as absurd to distinct offense." believe that one of these can be converted to Christianity as to believe heart's content. MR. SHOEMAKER. I wish to offer an amendment to the amend- that one of us should be converted to the religion of Confucius. ment. THE SECRETARY read: "The Legislature shall, and it is hereby made the imperative duty of the Legislative Department of the Government of the State of California, to enact such faws as shall prevent any alien who is a subject of the Emperor of China, from being employed within this State by any corporation incorporated or doing business under the laws of this State." SPEECH OF MR. FILCHER. But, sir, as to this proposition before the Convention, I rose to ask the MR. FILCHER. Mr. Chairman: I had thought, perhaps, that in this SPEECH OF MR. JOHNSON. MR. JOHNSON. Mr. Chairman: It seems to me to be a good idea for members to express their opinions upon this subject. As far as the mere question of power is concerned, it seems to me that the second section is not obnoxious-not open to criticism. It reads: tion." "SEC. 2. Any corporation incorporated under the laws of this State, or doing business in this State, shall forfeit its franchise and all legal rights thereunder, if it employs, in any capacity whatever, foreigners who are not eligible to become citizens of the United States, under the laws of Congress. This section shall be enforced by appropriate legislaI argue that it is within our power, because it applies only to corporations. Under our present Constitution the Legislature has the right to alter or repeal their charters. It is a part of the contract with every corporation created under the laws of this State. That reserve power exists in the Legislature, and in framing our new Constitution we can put in a similar provision, if it is necessary. As far as the question of power is concerned, it occurs to me that this section is not open to criticism. What is a corporation? It is an artificial entity. It derives its powers from the State, and is created by and under the laws of the State. We have an express decision of the Supreme Court of this State, in the eighteenth of Wallace: "They are not citizens of the State merely because they are created under the laws of the State, so far as the provision of the Constitution goes, which says citizens shall be entitled to all the privileges," etc. While they have this artificial entity, created entirely by the State, not having any powers derived from the Constitution of the United States; not having this power I have spoken of, having therefore an artificial character entirely, we have the right, not only as to the corporations already created, but as to those hereafter to be created, to place these restrictions upon them. So, as far as the mere question of power is concerned, there can be no question about it. But whether we should go the extreme of having corporations forfeit their franchises, is another question, as a penalty for the employment of Chinese in any capacity. I think it would be better to modify the section in that regard, so as not to go quite so far. For that reason I should favor the last amendment, leaving the power of providing penalties to the Legislature, in case of a violation of the provisions of the section. There is no objection to using the word "Chinese" instead of "persons not eligible," etc. Now, there is something said about the treaty; I know what it contains. The gentleman from Placer has referred to it, and, although it has been a long time since I have read it, yet I think and I will read the sixth section: "Citizens of the United States visiting or residing in China, shall enjoy the same privileges, immunities, or exemptions, in respect to travel or residence, as may there be enjoyed by the citizens or subjects of the most favored nation; and, reciprocally, Chinese subjects visiting or residing in the United States, shall enjoy the same privileges, immunities, and exemptions, in respect to travel or residence, as may there be enjoyed by the citizens or subjects of the most favored nation. But nothing herein contained shall be held to confer naturalization upon citizens of the United States in China, nor upon the subjects of China in the United States." What is the provision here? It is in respect to travel and residence, that they shall enjoy the same privileges and immunities as the subjects of the most favored nations. They shall enjoy these privileges-in respect to what? In respect to travel and residence. Therefore, if we should attempt to say that they shall not lease houses, it would conflict with the treaty, because they have a right to reside here. And it might be argued, also, that they have a right to hold property. I am not so well satisfied about that, however. I am not sure whether the word "residence' can be construed to go so far as to confer upon them the right to hold property. It is restricted entirely to travel and residence in the State. MR. HERRINGTON. Do you hold that the power of the government extends to the regulation of the residence of foreigners here? MR. JOHNSON. No, sir. I am coming to that subject. I will answer the gentleman after awhile. I was about to say this: that there is no question but the power to regulate commerce exists exclusively in the United States. But there is another question that is not so clearly settled, and that is, when Congress has not passed upon the subject at all, whether the power rests exclusively in Congress, or whether it is concurrent. Now, even though the power to regulate commerce is in Congress exclusively, the passing of provisions excluding the Chinese from fishing, would in no manner interfere with commerce, therefore I think that section is not open to criticism. If Congress has passed no law in regard to fishing in the Bay of San Francisco, that power, according to the decision of the Supreme Court, is concurrent, and we have a right to pass local regulations. I say the State has the power to control these corporations, but whether it would be policy to go to the extent of providing for a forfeiture of franchise, for simply employing Chinamen, is another question. Now, in respect to the use of the word "Chinese," I cannot see any objection to it. There is nothing in the treaty to conflict, for the treaty is only in respect to residence and travel-exclusively residence and travel. There is another section here, to this effect: "SEC. 3. No alien ineligible to become a citizen of the United States shall ever be employed on any State, county, municipal, or other public work in this State after the adoption of this Constitution." It is entirely within our power to pass a provision of this kind, because the State has a perfect right to employ whom she pleases, the same as an individual. The citizen has this right, and the State has the same right. This provision is that the State shall not employ certain classes. I think, therefore, that these two sections are as clearly within the powers of the State as section one. But sections four and five clearly come within the inhibition in regard to the regulation of commerce by the General Gov ernment. It seems to me it is foolish to put a provision in our Constitution which we can but know will be overturned, because the Supreme Court of the United States has decided such provisions to be unconstitutional, and that is the law of the land. The Constitution of the United States, and the laws of Congress, and the treaties made under it, are the supreme law, and we cannot evade it. which Now it does seem to me that there would be some good accomplished by adopting these three sections, and preparing a section in relation to fisheries. I think a great deal of good can thus be accomplished. Now, one word in relation to the amendment introduced by the gentleman, goes, not only to corporations, but to individuals, and I am not prethat is within our power; but I am not willing to go to the length of pared to go to that length. I am willing to apply it to corporations, for forbidding individuals from making contracts and employing whom they please. I thinkMR. VAN DYKE. Mr. Chairman: I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. THE PRESIDENT. Gentlemen: The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Chinese, have made progress, and ask leave to sit again. RECESS. MR. VAN DYKE. I move the Convention do now take a recess until seven o'clock P. M. MR. O'DONNELL. I move to adjourn. Division was called on the latter motion, and the vote stood: ayes, 51; noes, 51. THE PRESIDENT. The Chair votes in the negative, and the motion is lost. [4 [Applause.] The question is on the motion to take a recess. Division was called for, and the motion prevailed by a vote of-ayes, 56; noes, 45. And at five o'clock P. M. the Convention took a recess until seven o'clock P. M. EVENING SESSION. At seven o'clock P. M., in the absence of the President and President who was elected and took the chair. pro tem., the Secretary called the Convention to order. MR. STEDMAN nominated for temporary Chairman Mr. Huestis, THE CHAIR. The Convention will come to order. [Cries of "Call the roll!"] MR. DUDLEY, of Solano. I move that the Convention resolve itself into Committee of the Whole. less than seventy-seven members shall constitute a quorum for the transMR. STEDMAN. I rise to a point of order. Rule Three says "not action of business." My point of order is that there are not seventyseven members present, and I now call for the calling of the roll. THE CHAIR. The Secretary will call the roll. MR. INMAN. It is supposed that there is a quorum present. There will, undoubtedly, be a quorum here. [Cries of "Call the roll!"] THE CHAIR. It having been demanded, in regular order, the Secretary will call the roll. MR. WATERS. I ask leave of absence for Mr. Boggs for the evening. He is sick. THE CHAIR. There being no objection leave is granted. names. MR. BEERSTECHER. I ask leave of absence for Mr. O'Sullivan, on account of sickness. Also leave of absence for Mr. Barnes. He is engaged this evening to deliver a lecture before a society in the city, and cannot be here. THE CHAIR. There being no objection leave is granted. MR. WATERS. I also ask leave of absence for Mr. Holmes, who absent on official duty. THE CHAIR. So ordered. Seventy-six members have answered. The gule requires seventy-seven members. Rule Three requires sev MR. STEDMAN. There is no quorum. enty-seven, and it has never been changed. MR. VACQUEREL. I rise to a point of order. When the rule was made there was one hundred and fifty-two delegates. One is in Stockton, and two are dead, and a quorum consists now of seventy-five members. That is my point of order. THE CHAIR. The Chair is of the opinion that the point of order is well taken. MR. STEDMAN. I merely call attention to the rule as it now stands. It says seventy-seven members constitute a quorum. THE CHAIR. The Chair is under the impression that a question of this kind must necessarily change the rule. CHINESE IMMIGRATION. MR. TINNIN. I move that the Convention resolve itself into Committee of the Whole, Mr. Huestis in the chair, for the purpose of resuming the consideration of the report of the Committee on Chinese. MR. ROLFE. I rise to a point of order MR. STEDMAN. I desire to ask the Chair, under Rule Fifty-four, to instruct the Committee on Legislative Department, which proposes to meet to-night, as soon as we get into the Committee of the Whole, that under that rule they cannot meet while this committee is in session. There are a number of gentlemen MR. MCCALLUM. I call for the question. [Cries of " question."] The motion to go into Committee of the Whole prevailed. |