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IN COMMITTEE OF THE WHOLE.

pose of delay. Such a Commission is unnecessary, because Congress THE CHAIRMAN. The question is on the amendment to section necessary to appoint a Commission at all, because it has been repeatedly

can by one Act wipe out the existing Burlingame treaty, and it is not SPEECH OF MR. BEERSTECHER.

held by the Supreme Court of the United States that even where the

treaty was not directly repealed, yet if any Act of Congress was passed, MR. BEERSTECHER. Mr. Chairman, and gentlemen of the Con- which was in conflict with an existing treaty, that Åct of Congress vention: It is not iny desire or object to enter into a general discussion vitiated the existing treaty. It being conceded, therefore, that the Genof the evils of Chinese immigration, or the Chinese presence in this eral Government's agreement of delegated powers, and that whatever State. But I deem it necessary, in order to controvert and, if possible, is not expressly given to it yet remains with the States, and as a part to meet some of the claims and the assertions of gentlemen upon this of the reserved powers of the States, I call attention to the opinion of floor in relation to the right of the State to regulate the Chinese res- Mr. Justice Woodbury in the License Cases, as reported in the fifth idents and the Chinese action in this State, to say a few words in refer- Howard, page six hundred and twenty-nine; and I would here say to ence to the law applicable to this case, as I understand the law to be. It my friend, Mr. Stuart, that these opinions are not the opinions of what seems to me, Mr. Chairman, that there has been too much scope, too he said were minority Judges, but they are the opinions of the Supreme wide a latitude allowed to the decisions that have been rendered upon Court of the United States, rendered in eighteen hundred and fortythe subjects touching Chinese residents and Chinese immigration in this seven, and have never been reversed, changed, or altered. Mr. Justice State. With due deference to the opinions and the assertions of gentle- Woodbury says: men upon this floor as to the power of the State to regulate this matter, "It is the undoubted and reserved power of every State here, as a I believe that the State has the power, that the State has the full power, political body, to decide, independent of any provisions made by Conto deal with and solve the Chinese question. I do not believe that it is gress, though subject not to conflict with any of them when rightful, who necessary to have recourse to Congress. I believe, to-day, that there is a shall compose its population, who become its residents, who its citizens, reserve power inherent in the State of California, and inherent in every who enjoy the privileges of its laws and be entitled to their protection sovereign State in this American Union, that has never been delegated, and favor, and what kind of business it will tolerate and protect, and that has never been surrendered, that has never been robbed from the no one government, or its agent or navigators, possess any right to make States, because, Mr. Chairman, I believe, sir, that in these latter days another state, against its consent, a penitentiary, or hospital, or poorthere has been a tendency to rob the States of their rights, ard the time house farm for its wretched outcasts, or a receptacle for its poisons to has come when persons who desire to see American institutions perpet- health and instruments for gambling and debauchery. Indeed, this uated, who desire to see the spirit that actuated the founders of this Court has deliberately said: “We entertain no doubt whatsoever country carried out in its true intent and purposes, that they should rise that the States, in virtue of their general police power, possess full jurisup and see to the centralizing efforts at Washington.

diction to arrest and restrain runaway slaves, and remove them from "It is conceded by all jurists, and it has been repeatedly decided, that their borders, and otherwise to secure themselves against their depredathe Federal Government was a government of delegated powers. That tions and evil example, as they certainly may do in cases of idlers, vagathere were no original powers lodged in the Federal Government, but bonds, and paupers." (Prigg vs. Penn., 16 Peters, 625.) that all of the powers possessed by the General Government were those In the same case Mr. Justice Grier used the following language: that were expressly delegated and given to it by the charter of its cre- “ It has been frequently decided by this Court, “that the powers which ation-the Constitution of the United States. Now, in the Constitution relate to merely municipal regulations, or what may more properly be of the United States, there are just two powers lolged in the General called internal police, are not surrendered by the States, or restrained Government, which it is claimed inhibit the State from acting upon the by the Constitution of the United States, and that consequently, in relaChinese question, as to their immigration, or as to their residence. The tion to these, the authority of the State is complete, unqualified, and first is the power of Congress to regulate commerce with foreign nations, conclusive.' Without attempting to define what are the peculiar subjects and among the several States, and with the Indian tribes. This is or limits of this power, it may safely be affirmed, that every law for the found in article one, section eight, paragraph three. It is claimed that restraint and punishment of crime, for the preservation of the public Congress has the exclusive right to regulate commerce with foreign peace, health, and morals, must come within this category. As subjects nations, and upon this it is claimed that the State would have no power of legislation, they are from their very nature of primary importance. to prevent the landing of immigrants, whether they be Mongolians, or They lie at the foundation of social existence; they are for the protection whether they be of any other race, upon the shores of a particular of life and liberty, and necessarily compel all laws on the subjects of State. The second power is the treaty-making power, which is vested secondary importance, which relates only to property, convenience, or also absolutely and exclusively in Congress. Therefore it is claimed, luxury, to recede, when they come in contact or collision, 'salus populi that, first, under the right to regulate commerce; and, second, under suprema ler.'the treaty-making power, we are debarred from acting in this A State forming part of the American Union is nothing less than a matter.

family forming a part of a community, and as well might the municipal I call attention to the record of Story on the Constitution, page three government as well might the Board of Supervisors of San Franciscohundred and seventy-five, in which Mr. Story discusses the power, the dictate what sort of men should dwell in the families of that city as for scope, and the force of a treaty. Mr. Chairman, it seems to me that we the Congress of the United States to dictate to the State of California, or have given too much sanctity to the Burlingame treaty. The people to any other State of this American Union, what sort of people should at large believe a treaty to be a component of the Constitution. They dwell within its boundaries, providing the inbabitants or citizens of that believe a treaty to be a firm law of the land; but a treaty is neither a State did not desire these people to remain there. The whole social component part of the Constitution, nor is a treaty a firm law of the fabric is founded upon the family, and our government is founded upon land in any constitutional sense of supremacy. A treaty is a mere Act the States. If you destroy the family you destroy the social fabricof Congress. It has no further force, and it has no further effect than you undermine and destroy civilization--and if you deny the power of an Act of Congress has. And whenever an Act of Congress is unconsti- the States you destroy the American Union, and you are drifting into tutional, if the treaty endeavors to enact the same thing, the treaty absolutism, and you are drifting into monarchy-and I think we are itself is unconstitutional. If the Congress of the United States endeavor going there rapidly. to encroach upon the reserved powers of the State; if the Congress of the “If the right to control those subjects be "complete, unqualified, and United States endeavor to legislate in relation to the internal concerns conclusive,' in the State Legislatures, no regulations of secondary of the State; if they endeavor to pass upon the police regulations of a importance can supersede or restrain their operations on any ground of State by a mere Act of Congress, that would be unconstitutional and void. prerogative or supremacy. The exigencies of the social compact require If Congress by a treaty endeavor to do the same thing, that treaty is that such laws be executed before and above all others.” unconstitutional and void, because a treaty has no more sanctity, no Speaking of police regulations and internal regulations, he says: more force, and no more effect than a local Act of Congress that has only "It is for this reason that laws which protect public health, comforce and effect in this country. Mr. Story says, paragraph 1508: “The pel mere commercial relations to submit to their control. They restrain power to make treaties' is, by the Constitution, general; and of course the liberty of the passengers, they operate on the ship which is the it embraces all sorts of treaties, for peace or war; for commerce or terri- instrument of cominerce, and its officers, and even the agents of navigatory; for alliance or succors; for indemnity, for injuries, or payment of tion. They seize the infected cargo and cast it overboard. The soldier debts; for the recognition and enforcement of the principles of public and the sailor, though in the service of the government, are arrested, law; and for any other purposes which the policy or interests of inde imprisoned, and punished for their offenses against society. Paupers pendent sovereigns may dictate in their intercourse with each other. and convicts are refused admission into the country. All these things But, though the power is thus general and unrestricted, it is not to be so are done, not from any power which the States assume to regulate comconstrued as to destroy the fundamental laws of the State. A power merce or to interfere with the regulations of Congress, but because police given by the Constitution cannot be construed to authorize a destruction laws for the preservation of health, prevention of crime, and protection of other powers given in the same instrument. It must be construed, of the public welfare, must of necessity have a full and free operation therefore, in subordination to it; it cannot supersede or interfere with according to the exigency which requires their interference.” any other of its fundamental provisions. Each is equally obligatory, I also call attention to the words of Mr. Justice McLean in the same and of paramount authority within its scope; and no one embraces a right to annihilate any other. A treaty to change the organization of “ The States, resting upon their original basis of sovereignty, subject the government, or annihilate its sovereignty, to overturn its republican only to the exceptions stated, exercise their powers over everything form, or to deprive it of its constitutional powers, would be void; because connected with their social and internal condition. A State regulates its it would destroy what it was designed merely to fulfill, the will of the domestic commerce, contracts, the transmission of estates, real and perpeople."

sonal, and acts upon all internal matters which relate to its moral and In a note to section eighteen hundred and forty-two of the same political welfare. Over these subjects the Federal Government has no work, it is said that though a treaty is a law of the land, it is as much sub-power. They appertain to the State sovereignty as exclusively as powers ject to repeal as any legislative act, and that any subsequent Act of Con-exclusively delegated appertain to the General Government." gress conflicting with it has the effect of repealing it pro tanto. And, Mr. Chairman, the decisions which are pointed out, and upon the Mr. Chairman, that brings me to the fact that when it is spoken of authority of which it is stated we cannot prohibit the immigration of appointing an International Commission for the purpose of abrogating Chinese, and that we cannot regulate their presence among us, have never or modifying the existing Burlingame treaty, it is merely for the pur- l attempted to go to that extent. The trouble is this: it has been stated

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that these decisions went entirely beyond their intent, entirely beyond told that we were exceeding our powers. We have never attempted to their scope, and entirely beyond the authority that was given to them say, “ You cannot stay here;" and we have never been told thai if we by the Courts that rendered them. The Legislature of this State has did say that we would be exceeding our powers. I believe that we can attempted to meet and to solve this problem, but in their legislation say to the Chinese, “You cannot stay here;" and I believe we can they have gone too far; they have met the Chinese immigrants while say, "We propose to regulate you, even the short time we do allow you they were yet within the protection of the laws of the United States; to stay here." while they were yet art and parcel of the subjects protected by that As I said in the commencement, I do not desire to speak in relation exclusive regulation of foreign commerce vested in Congress. These to the damaging and blighting influence of the presence of the Chinese. laws attempted to levy a tax, attempted to put a restraint upon Chinese I merely desire to state upon this subject, that unless the Chinaman is immigration, while Chinese iminigration was protected by that exclusive driven from the State the white man will be obliged to leave the State. power vested in Congress. But neither the Supreme Court of the United I speak for the young men. I speak for the rising generation. I speak States nor any other Court, State or Federal, bave ever decided that the for the men that stand here to-day and expect to stand here after many State, after the Chinese bave landed within the territorial limits of the of this Convention have passed away. I ask, on behalf of the young State, do not have the right to control them. The distinction is very men of this State, that they be not obliged to compete with Mongolian clearly pointed out by Mr. Justice McLean in his opinion, on page five slave labor. A young man has no chance in this state to-day if he is a hundred and ninety-two. He says:

workingman. It does not matter for the opulent. It does not matter "The police power of a State and the foreign commercial power of for the people that live in palaces, that wear silk dresses and diamond Congress must stand together." There is no conflict between the two. rings. It inakes no difference to them whether their laborers be MonThe foreign commercial power of Congress brings the goods or persons golian serfs, or white free men, or white free women. But it does matter into the harbor. It brings the goods or persons up to the dock, up to to the white free man and to the white free woman that are obliged to the wharf; but when the Chinaman leaves the ship, and when the goods labor for their daily sustenance. There is not a man upon this floor leave the ship; when the Chinaman walks upon our streets and goes to-day, Mr. Chairman, and I challenge contradiction by any gentleman into our houses; when the goods are taken from the ship and placed here, who will say that a white man or a white woman can compete into our warehouses and become the property of citizens of this state; against Chinese serf labor. I do not desire, as I said, to enter into the when the Chinaman desires to become an inhabitant of this State and minutiæ and into the details of the subject, but it is a well known fact, to dwell here, then the power of Congress ceases the moment he places as has before been said upon this floor, that if the white man works for his foot upon the wharf. The moment the goods are carried over the a dollar a day, the Chinaman can work for fifty cents; if the white man gang-plank of the ship, then the police power of the State attaches. The can work for fifty cents, the Chinaman will work for ten cents. We cantrouble with the legislation of this State heretofore has been that they not compete with them. This is what has driven the boys of San Franalways attempted to go on board the ships. They attempted to cross the cisco into boodlumism and the girls into houses of prostitution. It is gang-planks, and we cannot do it, because the United States law is around because labor has become degraded, and labor ought not to be degraded. and about that ship as a wall, and keeps us from it. We dare not go on Labor ought to be ennobled. Wherever a mongrel and servile class are the gang-plank; we dare not enter the ship, because there the powers of the laborers of a country, in that country labor becomes degraded in the Congress are preeminent and exclusive. But when the Mongolian eyes of the people; and labor to-day is looked upon by a large class of leaves the ship, when he comes within the territorial limits of the State, people in the State of California as being degrading and debasing. It is then he is within the jurisdiction of the State, and the State has got the for the rising generation that we ask that a provision be inserted in this exclusive power over him, and Congress has got no further power at all. Constitution forever saying to the Chinaman, “ Halt! Thus far and no Mr. Justice McLean says:

farther! You must leave this country! You must go out! You must "The police power of a State and the foreign commercial power of surrender it to the people to whom it belongs." You must give it to the Congress in ust stand together.” Because they can stand together. There young man and the young woman for their heritage if you expect to is no conflict between the two. There is an end of the one and a com- wipe out hoodlumism. If you expect to wipe out crime you must wipe mencement of the other. They do not overlap each other; and where out the presence of the Mongolian in our midst. I desire, at the proper wo have erred every time in the State legislation, has been that we have time, to offer, as an additional section, the following: gone beyond our power. “ Neither of them can be so exercised as mate- “ SECTION All persons of foreign birth, before engaging in any rially to affect the other. The sources and objects of these powers are manner of employment on their own account, or for others, within this exclusive, distinct, and independent, and are essential to both govern- State, shall first procure a certificate of authority; such certificate shall ments. The one operates on our foreign commerce, the other upon the be issued to any applicant of a race eligible to citizenship under the internal concerns of a State. The former ceases where the foreign pro- laws of the State, without cost, by any Court of record of the State. duct becomes commingled with the other property in the State. At this No person of foreign birth shall engage or continue in any manner of point the local law attaches, and regulates it as it does other property.” employment in this State unless possessed of such certificate; nor shall

That decision has never been reversed. It stands unreversed to-day, any person, copartnership, company, or corporation, directly or indiand none of the cases that have been carried to the Supreme Court at rectly, employ any person of foreign birth within this State, unless such Washington have ever reversed that decision, and it is the supreme person possess such certificate. The Legislature shall provide for punlaw to-day. It is clear, and the wayfaring man, though a fool, canishment of violations of this section. Prosecutions shall be maintainread it. It says, again: “The one operates upon foreign intercourse, able against both employers and employés. Each day's violation shall the other upon the internal concerns of a State. The former ceases when constitute a distinct offense.” the foreign product"-be it a Chinaman or be it a bale of cotton (it makes no difference at all as regards the decision)—“becoines commingled with the other property of the State. At this point the local law MR. KLEINE. Mr. President, and gentlemen of the Convention : attaches, and regulates it as it does other property”-or other people What would you think of a man that would ridicule and that would within the confines of the State.

trifle at the death bed of his father, or mother, or sister? What would Mr. Chairman, I have examined the report of the Committee on Chi- you think of him? You would say he is a villain, or a knave, or a pese. I have examined the first section, and after the examination of fool. Any man of feeling would forbear to do so, and yet, Mr. Presithat section I was not at all surprised that the Chairman of the com- dent, yesterday I had to witness such an outrage. Mr. President, and mittee could defend the section, and could state to the Convention that gentlemen of this Convention, we have fifty delegates on this floor who be was in favor of section one. Section one is not obbjectionable in any would not be here tv-day if it was not for the Chinese question, and sense. Section one would not be objectionable to Colonel Bee. Section they dare not deny this. They would not be here-perhaps some of one would not be objectionable to the Chinese residents of the State of them would be at day's work for one dollar and fifty cents per day; and California, because section one simply means nothing at all. Section yet when this question came up yesterday they went out in the lobby, one is a mere declaration of the powers that exist and are inherent in the and treated it with utter contempt. If this is the conduct of gentlemen State, and always have existed, and always have been inherent in the I ask you to inform me of the meaning of a gentleman. I do not read State. The trouble seems to be that there is a belief that we can confer it so in Webster's Dictionary. I acknowledge that I was elected as a power upon ourselves; that by making a Constitution, and by having delegate to this Convention on the Chinese question, and, gentlemen, certain sentences printed in that Constitution, that we can delegate and this question is to me as solemn as the grave. I cannot trifle with it. vest powers in ourselves. Now, the Constitution is no charter of lib- Why? Because I see the future before me. I see this country will be erties at all. A Constitution, in the American sense, is a mere restric-overflowed by a lot of degraded Mongolian serfs. Gentlemen of the tion of powers, and is no delegation, and never can be a delegation of Convention, I used to live in the Southern States when the slave-owners powers. All these powers are inherent in the people, whether they be looked upon the white man that worked as a common white trash." A expressed or unexpressed, and the Legislature can act without any feeling of superiority is manifested among these coolie employers declaration of this character.

towards their white brother that has to work for a living. Mr. PresiBut, Mr. Chairman, I propose to vote for section one, because, at all dent, I tell you this is a question to me as solemn as the grave. I have events it will express what is the will and the wish and the opinion no heart to trifle with it. Why, I can see as plain as I see my hand of the people and of the Convention. I am in favor of every section of before me, that this State is doomed for the white man who has to earn the report, even the most ultra section. If these sections, all of them, his bread by the sweat of his brow. Already we see that our white and perhaps there are some of them that would not be constitutional—at brothers and sisters have to go and look round for a job to work for a all events, the Chinese of this State will be obliged to take these sec- dollar a day. tions into the Courts and have their rights decided; and in that way - Gentlemen, any nation that will look upon labor as degrading, that the people of the State can only gain, and they will never lose, by the nation cannot stand. And you talk about the Burlingame treaty! The adoption of this report. That the absolute power to regulate the Burlingame treaty is a fraud from the beginning. I can prove this to Chinese residents within the confines of this state rests with the State you. When Mr. Burlingame made the treaty, the Government of China is inherent in the people to-day, and can be expressed by their repre- didn't hardly know nothing about it. And Mr. President, and gentlesentatives in Legislature assembled, I have no doubt; not the least. men of this Convention, you remember that when Mr. Burlingame came We can drive them from the confines of this State to-day, but, Mr. back he lived only a few years. Ile died. He died almost in despair. Chairman, I have serious doubts whether we can say to them that they Now we look a great deal to Congress. Now, gentlemen, I tell you cannot come here. We can say to them, “ You shall not stay here." Congress will never do anything for us. This Mongolian invasion We bave attempted to say, “ You cannot come here;" and we have been ) is a combination between capital and the churches, and you know it.

SPEECH OF MR. KLEINE.

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I will tell you how. I will prove this to you. The churches, both but they remember not the day when they were poor, and they care not Protestant and Catholics--Protestants more than Catholics, I am sorry for their fellow white citizens. Gentlemen, I must say, with all respect to say—they tell you that we will bring the Chinese coolies to this to my adopted country, the Americans--some of our Americans-they Pacific Coast and convert them to Christianity. Now, Mr. President, I are the meanest men on the face of the earth! They do not care a conwill prove to you now, and to the gentlemen of this Convention, and tinental for their fellow man as long as their pockets are filled. those that hear my voice, how they have succeeded. For the last Now, again, I have heard men say, “ Have the Chinamen not the same twenty-seven years-I, yself, am a resident of the State over a quarter ight as a European?" Now to compare the coolie importation with of a century, and I know whereof I speak-for the last twenty-five European immigration is absurd; and no man that is possessed of comyears—listen—for the last twenty-five years only about one hundred and mon sense would use-would make use of such an assertion. To compare fifty out of two hundred and fifty thousand has been converted to Chris- the Caucasian-you who have been raised where we all came from--to tianity, according to the testimony of about fifteen ministers of the State compare them with the low Chinese coolies! No one but an insane man of California. I can read about this. Mr. Blakeslee, a Congregational could make such an assertion. The European comes here, gentlemen, and minister, says that during his mission only about forty or fifty has been does something to improve our country. He comes here with the same converted, and out of these fifty half of them have been instructed in religion, with the same feelings, with the same principles which we posChina, and not a single one of these converts who have made a profes-sess; and we shake hands with him, and we do right. He improves the sion of Christianity has ever assimilated and adopted our manners in country, and be fights for the country. Over one hundred and fifty any shape or form, but they have remained the same coolies. The thousand souls fought under the stars and stripes that were naturalized same degraded coolies that they were before.

citizens. Would one hundred and fifty thousand coolie slaves fight for What has these long-faced preachers done? They have driven our you? Not much! Will they fight for you? Il you think so, you must be poor white men, our white boys, and white girls into hoodlumnism. very far back, sure. Now the coolie-I appeal to the old pioneers--I They have made our poor white girls what? Prostitutes! It is almost appeal to you, gentlemen, who have been pioneers of California, and you impossible for a poor white servant girl to find employment in a white will bear witness with me that since the last twenty-eight years have you family. No! The mistress of the house wants a Chinaman. She ever known any Chinaman that assimilated with us?

If I told you wants a Chinaman, why? He is very handy. She can say, “ John, do “yes," I would tell you a lie. I have never known not one yet. I this," and John does it, and John never says a word. He keeps quiet; have known some of them since fifty-four, and I know them to-day, only when he goes home to his shanty in Chinatown, and then he tells and they are the same to-day as they were in fifty-four. Are these the all about it-what he has seen, and what he has heard. There you see people we want here? what the missionaries have done by importing Chinese here. Rev. Mr. Now you are talking about the Burlingame treaty. I will tell you Gibson went to China for the purpose of converting Chinamen. He something about the Burlingame treaty: As I told you before, it is a remained there several years, but the work was so self-denying he did fraud. Why? Because it is a one-sided treaty. How can we remedy not remain, but came back right in the midst of Chinatown, where he this? Look' here, what we done by an Act of Congress, approved July gets a fine, fat salary. Christian charity always begins at home. seventh, seventeen hundred and ninety-eight: "All treaties between

It is almost impossible for a white man to get work, and I assure you, France and the United States are declared null and void, and no longer Mr. President, and gentlemen of this Convention, there is not a place in obligatory on the United States." The United States could declare a the civilized world—listen !-there is not a place in the civilized world treaty null and void with the French Government, but you tell me that that would submit to such an outrage as the people of the Pacific Coast. we could not do it with China. And something else. The American There was never a government in the civilized world that would degrade citizens are not subject to the laws of China, while Chinese are subject its citizens to the level of the slave, only this government. And let to the laws of the United States. England has a treaty with China. me tell you, I am not a prophet, nor the son of a prophet, but I believe, What does England do? What do the colonies in Australia do? They as God is my witness, that the working classes will rise in a mass, they manage these affairs, and to-day Australia is a very hot place for the will not submit to such an outrage. These men that have fought your Chinese. They cannot remain there because the government don't battles through the late war-you have stripped their children, you have! want them there. But then you say, if we break the treaty we won't You take away their rights, and now what are you doing? You take get tea. Gentlemen, we got tea before we made the treaty with China. their children and start them off for low, coolie, servile laborers. But We will get all the tea we want. No nation upon earth except this would these coolies defend you when your country is in danger? Will would allow it. For three thousand American merchants our country they march to the front as our servants marched upon the late war? is to be overflowed with slave labor. The Pacific Steamship Company, No! They will laugh at you; and then you may call upon the tramps what are they doing? They have a contract with the Six Chinese Comthat you now say one dollar a day is enough for; then you will call panies to bring these coolies here, and no coolie can leave this State upon these men to defend you; but these men, remember, will not without a certificate. He cannot go without a pass from his masters. defend you. They will do their best against you, and they would do The negro in the Southern States could never absent himself without a right! Now, gentlemen, perhaps some of you remember–I don't know, permit from his master or mistress, and this steamship company are not perhaps some of you were slave-holders in the South-they drove allowed to take any Chinaman back to China without he has permit negroes, they bought and sold negroes. I know a few of them here. from the Six Chinese Companies. I lived in the Southern States, and I tell you the slave-holders always Now, according to the testimony of all the ministers, doctors, and looked upon the white people that had to work for a living—it was a lawyers in San Francisco, they all testify that the Chinese are a curse; common expression-"the poor white trash.” The poor white trash! that ninety-nine out of one hundred Chinawomen are prostitutes. We That is the expression the slave-holders used to make of the white people, have the testimony of Dr. Toland. We have the testimony of Rev. Otis and that is certainly the case now with those that employ coolies. They Gibson. He himself testifies that ninety-nine out of one hundred do pot care for the white man, for the poor white man, only when they Chinawomen are prostitutes; and our government knows it, and we all are in trouble.

know it; and our fine State government in California knows it; and Now, gentlemen, let us look at it now-at the coolie question. Are yet, in the face of all these witnesses, they say: "Oh, we can do nothing they a benefit to us? I tell you they have extracted one hundred and with it; we can do nothing with it!” Why can't they do nothing with eighty million dollars from the State of California in the last twenty it? Because they are owned, body and soul, by the Six Chinese Comyears. Every dollar a Chinaman receives, ninety cents goes back to panies. And if gentlemen could see to-day the influence which these China. Now, we have forty thousand of these coolies, servile laborers, Six Chinese Companies have upon our Federal, State, city, and county in San Francisco. That is an average of forty thousand dollars a day officers, you would be surprised. Is it possible for human nature to go they draw out of circulation. Now, what would be the benefit sup- so low? And yet, this is a fact. All the witnesses have declared it so. posing our white fellow citizens would be there. Wouldn't that remain And now, I tell you I have no hope whatever in Congress. Congress in the State? Wouldn't our city be prosperous? But no! The white will do nothing for us, let me tell you. We have pleaded to Congress rich aristocrats and the moneyed aristocrats they want the Chinaman, and for the last ten years, and they have said: “Wait; wait a little longer." the white girls and the white boys they can go to perdition. If they only And that is all ihe comfort we get; and our poor and the rising generasucceed in converting one Chinaman, they do not care whether ten tion are condemned to an everlasting servitude. That is just the result thousand white girls and boys go to perdition.

connected with this China question. This coolie importation will never Now, let us look at it in another light. Are the property holders be stopped except the hardy sons of toil stop it. If they don't stop it, benefited by it? Every China quarter in Chinatown--every property they have to work like the Chinaman. Don't look to Congress; don't is depreciated. Chinatown to-day, in San Francisco, would be the best look to the aristocrats, they don't care nothing for you. They have lost and healthiest part of San Francisco if it was not for these coolie slaves. their four million of slaves and they want these serfs in their place. All the neighborhood around there is depreciated—the property is Remember that! They want these serfs in their place. They are not depreciated. The Chinaman is very shrewd in one sense. He is wil satisfied, and the Chinese are the only nation that can furnish what they ling to pay. He never fights against big rent at first; but as soon as he want. has possession of the property he dictates his own price, and he will get Therefore, gentlemen, remember I am not a prophet, nor the son of a it for his own price all the time, for John knows that wherever he prophet; but one fact I know, that the Chinese curse will never be occupies a place it cannot be occupied by any intelligent race, and there-cured except the people rise in a mass; and you know self-preservation fore John has in one sense a little more shrewdness than some of our is the first law of nature, and also the first law of nations. Any gor. white people.

ernment that will allow a degraded race to come and degrade its citizens, Now, let us look at it in another light, gentlemen. Sir, I have listened such a government is not worthy of respect. Such a government is not to my young friend here who made a remark yesterday that California worthy of respect, and such a government is not with the people. Therewas a prosperous State in spite of the Chinese. Now, I differ with him, fore, I say the only remedy will be, the sons of toil must rise and get rid and I will show you where he is mistaken. California to-day is the of the coolie servitude, or else the coolies will get rid of you. There is most degraded and impoverished State in the Union! And I will show only one thing to be done; either you must leave or the coolie must you why. California, I admit, is a prosperous State for the railroad leave! [Applause.) kings. I admit California is a prosperous State for the bank robbers. I admit this; but California and the Pacific Coast is the most degraded jlace for a poor white working man to come to. If a white man has to MR. BARBOUR. Mr. Chairman: The temper of this Convention is come here let him come, and let him be on an equality with the China- probably against the further discussion of the social, economical, and man. I know some of these aristocrats. They were poor here once, I political aspect of this question. In that sense I suppose it may be

SPEECH OF MR. BARBOUR.

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safely said that the subject is exhausted. Better speeches and better this alien race; knowing little or nothing about them-it never aimed arguments have been made by men of greater philosophical capacity any of this legislation at all at the relations which have sprung up on upon the subject of race dissimilarities and the race conflicts which have the Pacific Coast, and which are, sui generis, without precedent. gone on from the earliest of times. The nature of race growth and The Burlingame treaty is another stumbling block, constantly thrust national growth, in connection with this question, I think I may safely in the way of those who sincerely and honestly feel that this subject is say, has been fully considered, and the judgment of the people of the of over-shadowing importance, and that by Congress and by State power Pacific Coast has settled, undoubtedly, upon the conviction that the best it must be regulated, and the people must be relieved. The Burlingamo of the argument is altogether in favor of the proposition that the pres-treaty-abundant authority can be brought in here, and books piled up ence of the Chinese on the Pacific Coast, in our social life, in our indus- here, covering every table in this room, to show that a treaty, or the trial life, and even in our political life, is detrimental. We cannot add provisions of a treaty, do not override a constitutional enactment by to or strengthen that argument in this Convention, and the point now is Congress, or by the States of the Union in their Constitutions, when it to furnish a practical solution to the question; and the man who can does not conilict with the Constitution of the United States. I am now bring forward a plan which will remove one single Chinaman- stating, sir, nearly the exact language of the great constitutional lawyea, sir, even a sick Chinese baby-may be said to have accomplished yer, Jeremiah Black. That, sir, bas summed up the whole controversy more in the right direction than all the great mass of speeches and all in a nutshell. Otherwise what would be the condition of this people? the literature upon this Chinese question put together. We should What would be the condition of American government? What would endeavor here to deal with it as practical men; we should endeavor to become of the sovereignty, which we declare to reside in the people, if bring out of the chaos of ideas, out of the vast amount of dissimilarity the King or Emperor of Germany and the President of the United States in execution, or in the method of reaching the evil, some point upon might meet together, and by a convention among themselves, establish which we can all harmonize and agree-some point on which we can an internal law of the State, or the laws that should govern the people of determine what power the State possesses, and in what manner that the United States? A most extraordinary and monstrous doctrine that power shall be exercised for the purpose which all pretend to have in would be! The Burlingame treaty, therefore, is but in the nature of a view, and that is, to relieve this State, and to relieve posterity on the law, subject to repeal the moment it comes in conflict with the sovereign Pacific Coast, of what is deemed to be a curse.

power of the States, acting, within their legitimate spheres, to legislate We profess to have at heart the future welfare as well as the present upon a subject over which they have control. The treaty goes down, good of the people of the coast ; and, therefore, sir, the discussion now and there is no question about it. An independent and free minded ought to be restricted to the legal aspects of the questions involved. I people, living upon their own soil, within their own jurisdiction, makassume that gentlemen are sincere when they admit that the presence ing their own laws, cannot be tied hand and foot in that way, and it is of an alien race, with whom we cannot deal in accordance with Ameri- idle to seek to bring to bear upon them such a monstrous doctrine as can ideas, and in accordance with our free institutions--I assume, I say, that is. that they are sincere when they tell us that they wish to rid the State Now I come to the subject directly in hand. I do not maintain that of the curse; that they wish to do it in accordance with constitutional the report of the Committee on Chinese Immigration has furnished any principles. Now, our forefathers, back to the time of the revolution, solution of the question, or a practical solution of the question. It is and back beyond the revolution, whenever the subject of the presence indoubtedly erude. It is undoubtedly very crude. Much of it looks of the black man in America was brought up, and the institution of undoubtedly like what would be called the legislation of the dark ages; slavery was discussed, declared that it was an evil, declared that it could or as some one has expressed it, Hottentot legislation. That is true. It but have an evil effect upon the destiny of the country. Thomas Jef-bears that appearance. But the line of demarcation between those who ferson said that slavery was the sun of all evils. George Washington say that the State can do nothing, the whole resting within the control said that all his compatriots were anti-slavery men, and their idea and of Congress, and those who maintain that the State does have some the idea of the fathers was that this was a white man's government. power, that the State does have some control in the premises, must exist That, sir, is the cry of the party to which I belong to-day, and I was somewhere, and therefore all this matter has been brought before the glad to see the Chairman of our committee reiterating that cry, which, Convention by that report. Every single party that has put forward it is true, fell into derision after Stephen A. Douglas proclaimed it; fell candidates and platforms in this state, has declared in general terms in into certain derision on account of the sentimental view taken by many favor of the exclusion of the Chinese, or in favor of a prohibition of good people of the United States of the African and his deplorable con their further immigration. They have declared it constantly in their dition. But it is none the less true. It is none the less strictly in platforms. It has been the hobby-horse on which, undoubtedly, they accordance with the American idea that this is a white man's govern- have ridden into office. In the last election, for meinbers in this conment; a government of Caucasians, established by white men, and for vention, generally speaking, it was declared strongly by all, and the white men. Whenever we talk about treaties; whenever we talk about workingmen adopted as their battle-cry, - The Chinese must go." the comity of nations, it is understood and comprehended within that The non-partisan platform, upon which, Mr. President, you were term that we mean the comity, the international law which exists elected, uses language like this, declaring it to be an evil, and plenging among civilized and Christian nations.

themselves to go to the verge of constitutional power. I do not know When we talk about the rights enjoyed by an American citizen any. but that they were going to go out on the ragged edge a little beyond, to where on the Continent of Europe, and the rights of the citizen of any rid the State of the curse. What was done by the members from the of the nations of Europe upon American soil-which I am glad to know country, or how they were pledged, I know not; but I assume that a are respected-which I am glad to know are treated with greater liber- majority who came up to this Convention, came up here with pledges in ality as time rolls on; it means the people of white races, and the people their mouths, made to their constituents and to the people of the State, of a Christian country. There is no doubt of that. That was the kind that they would do something; that they would do whatever they of a government that our forefathers established. And all the inter- could after consultation and discussion had developed a proper conceppational law and comity of nations, and the intercourse of nations which tion of the power of the State; they would do what they could to relieve has grown up, and upon which the principles that are now recognized the people of this infernal curse. Now, as practical men, the question among civilized nations have been established, and recognized univers-is, first, are the members willing to keep that pledge in letter and spirit? ally, has been in accordance with this theory –that a government was Are they willing, if they can be convinced of the existence of the sought to be established upon these shores, and upon this continent, of power, to go ahead and make use of that power? The first question white men-Anglo-Saxons, and those who could be brought within the ihat presents itself, sir, is this: Can anything be done in this direction great political fold, and incorporated into the great plan of our govern- by any proper amendments to the Constitution? The question is not ment, and merged as good citizens, and as contributors to the prosperity now what view will be taken of this action east of the Rocky Mounand the elevation of the nation. That was their idea, sir, and it never tains; the question is not what view will be taken of it in Europe, has been doubted-or never would have been except for certain compli- or what view will be taken of it in the Empire of China; not at all, sir. cations that have arisen in this country in consequence of the existence We are acting for the sovereign whose territorial lines are bounded and of African slavery, and the enfranchisement of the slave, and the legis- defined, and we must act up to our pledges without reference to their lation which has arisen for the protection and the regulation of the extraneous considerations at all. Nobody has to review this action rights of that people. It is sought now to be made use of here in Cali- which we perform here but the people of the State of California. No fornia, and in Congress, for the protection of a people that Congress and one has aught to say with regard to the Constitution, or the character of the fathers never dreamed of, nor thought of, or expected upon this the Constitution we make here, except the sovereign people of the State coast, and that is the Mongolian race. Now, we hear allusions made to of California, unless we make an anti-republican Constitution, and the Fourteenth Amendment, the last amendments to the Constitution of then the Congress of the United States, under the Constitution, will be the United States, and the Civil Rights bill, by those who profess to be authorized to interfere. But outside of that, there is no limit. anti-Chinese in sentiment, and yet who are continually deploring the Then, sir, what power has the State, by amendments to the Constiwant of any power outside of Congress. I will not trouble the Conven- tution, to reach this question? There is the great question. There is tion with authorities, but I think I may safely say that the view which a question which this Convention must solve. I take up section one, I bave here presented is the view taken by the Supreme Court of the and I comment upon that. There is no objection to it, except simply United States, and established in the Slaughter House cases--that the that there is nothing in it. It is a perfectly harmless thing, and I legislation known as the Fourteenth Amendment, and the laws of Con- assented to its being incorporated in the report as a member of the gress passed in pursuance of that amendment, had reference to the committee. A general declaration of the power which resides inherently enfranchised slaves of the South; that their eye was upon that people; in the State is contained in that section, but unfortunately it is followed that they were seeking to protect them, in all that legislation; and to up with some qualifications to which I object. I offered a section to be confer upon them the right of suffrage in what was called the anti-Ku- incorporated into the Preamble and Bill of Rights, which I understood klux legislation, and in the Civil Rights bill. And the direct intent of to be satisfactory to a majority of the members, but it failed to be incorthe law-making power was to protect the people lately enfranchised in porated in there, because they doubted the propriety of inserting it in the Southern States; and it is so distinctly affirined in the Slaughter the place where I proposed it. A general declaration of the power of House cases by the Supreme Court of the United States.

the State--that is, that the people of the State have the inherent sole Congress is ihree thousand miles away from the Pacific Coast. Ignor- and exclusive right of regulating their internal affairs, and the whole ant, as may be safely said, or almost entirely ignorant of the true situ- thereof; that they are the judges of whatever is detrimental or danger.ation of affairs bere, knowing little or nothing of that which we know ous to the well-being of the State, and have the right to use the power from day to day by sight, by sound, yea, sir, by smell! of the effect of of the State to prohibit and prevent it. That is a better statement, in my opinion, of the power, than this which is contained in this first civilized community to protect itself. Nor is that confined to the Chinese. section of the report of the committee. It is a fair statement of the I know that a nuisance of any kind is compelled to vacate by the strength power. In my judgment it comprehends the whole of the general of public opinion alone where there is an absence of the machinery of declaration of the power that resides in the people of a sovereign State. Courts and civil law to enforce the remedies. There is a fundamental Some objection may be made to it, because it is going toward State's right inherent in the people to protect themselves from that which is rights too strong. I think not so. I think it is clearly within the destructive of their peace, their comfort, and their well-being. And so decisions—all the decisions upon the subject-and the line of demarca- | I maintain that the section which I offered to be inserted in the Preamble tion between Federal and State authority; no restrictions upon the and Bill of Rights is a broader, and a suller, and a better declaration of judgment of the people of the State. There, sir, rests the king-pin. the power than that which is contained in section one of the report of There rests the keystone of the whole arch, and that is its ultimate the Committee on Chinese. There is nothing asserted there which does resort. Who is to decide? In whom is the power of judgment lodged ? not already exist as a part of the sovereign power without the declaration, That, sir, is the question. Who is to decide this question? Is it the and I object to it because the qualifications therein stated do not reach Congress of the United States, three thousand miles away, ignorant of the evil. We do not object to the Chinese population particularly, or our situation here, that is to decide upon the internal aspects of this individually, or even collectively because they are vagrants, because question--and the internal aspects-or is it the people of the State, those they are paupers, because they are infected with contagious diseases, but who are directly affected by it? That, sir, is the great question ; and I we object to them because they belong to an alien civilization. That is insist upon that right of judgment on tlre part of the people of the the reason. State over this subject-matter, and I say that it has never been denied What is the population of this country? What is the unwritten idea before in Christendom. It never has been held anywhere that any of the growth and building up of this state? It is, sir, that we plant free-minded and intelligent people could be compelled to tolerate a houses ; it is that we create cities; it is that we contribute to the general nuisance, they themselves knowing it to be a nuisance, eating out their prosperity and enter into the great mass of useful material to the buildcivilization, demoralizing their youth, and sapping the foundations of ing up of the State. These do not. They cannot in any sense of the their political and civil liberty, and threatening its very existence; word be said to contribute anything to American civilization, but they that people could have that nuisance inflicted upon them, and main constantly draw from it. That is what is the matter. In our fathers' tained among them, without the power of judgment, and the power of times-I must go back to them, though I want to keep to the question dealing with it themselves, it never was heard of before; and if the as near as I can, and I have not the voice to go fully into the question doctrine was sought to be promulgated, and sought to be enforced in any now-our fathers understood this matter. Our fathers found, when manufacturing community in Europe, in London, in Manchester, in they struck the shores of the Atlantic, a people already there with prior Sheffield, that a body of foreign alien laborers were to be thrown upon rights. A people, sir, who are still said and still described by those who that people, in less than twenty-four hours the Trades Union would have made a study of peoples, to be derived from the same stock as the pour two million of people into Hyde Park, protesting in tones of Chinese. The Asiatics probably are an Indian race--are understood by thunder at the very foot of the throne, against the damnable outrage. the best scholars to be. They are the sort of people our ancestors found

We are limited by the terms of the first section of this report in the upon the shores of the Atlantic when they came there. European civilexercise of that judgment to the proofs that the obnoxious parties are ization and Christian civilization obtained a foothold on a strip along paupers, are vagabonds, or are afflicted with contagious or infectious the shores of the Atlantic, whilst these people were there, by assumed diseases--a matter which no man can prove. We know that the labor treaties, by assumed fair dealing, and not by conquest exactly. They ing class coming from China are brought here under contracts for terms have driven that people silently, slowly, and constantly before them, of service and labor for years. We are morally convinced of it, but we from the shores of the Atlantic to the Pacific, until they have almost have no proof. It can not be established in any Court of justice. These disappeared from the face of the earth. laborers now in all the fair fields of industry on the Pacific Coast, scat- Mr. De Toqueville, the most able writer, perhaps, who has discussed tered over your agricultural lands, and in your mines, and in domestic American institutions, characterizes the treatment of the Indian by the service, are healthy people, in the general sense of the word, and can people of the United States as barbarous. So it was in many senses. strip down as clean men as the majority of this Convention, and let Dr. It was, in point of fact, to strip it of all disguise, from first to last a conO'Donnell examine them. They are inferior in muscular development, stant war of extermination. That is all you can say about it. And why in brawn and brain, to the white man, but healthy people in the main. was it, sir? I suppose if there is a Providence overruling all, that it was Here and there in the large cities of course are prostitutes, and of course because the demands of that Providence and His overruling designs there are diseases, perhaps. Maybe there are lepers. I think most of it is intended the continent for European civilization, and for a white man's venereal disease; but it is not that we object to. That is not what the government. And our forefathers, when in the light of their blazing people of the Pacific Coast and the laboring and working men complain homes they pursued the fleeing savage and shot him down, never stopof. There never has been a time that it was not coinpetent for the ped to discuss the morality of the method, or the causes of that blazing authorities, by the exercise or the powers which they enjoy, to have bome. He hunted him away because he had no other means of dealing rid the State or the cities from that part of the curse. suppose the with him. He drove him before the white man's civilization because reason why it has not been done is that there is metallic argument he could not civilize him-because he could not Christianize him, and against it, drawn from the coffers of the Chinese Six Companies. I sup- there were, all over that broad land where prosperity has built the pose that without any constitutional provisions at all, if one half, yea, happy homes that dot the Mississippi Valley, and all of the great Atlantic one quarter of the truth be told, or has been told, with regard to the Coast, the lands are all wrenched from the people that were there before Chinese quarters in San Francisco, the municipal authorities of that city them--wrenched by the hand of power from a people driven at the have had power to expel them without the city limits. I do not think point of the bayonet, and by the bullet, from before the advancing tide there has been any question about that, sir. Í do not think that the of civilization--because, in the Providence of God, the way had to be Burlingame treaty, the Fourteenth Amendment, or the Civil Rights opened for the white man's civilization. And that is the best argument bill would have been considered infracted by any municipal regulation that is possible against those who object to saying that we must reserve for the abatement of that nuisance. I have seen it. I have seen a quiet part of it from the refluent wave of that same kind of hostile civilizacommunity up in the mountains here in which this foreign alien peo- tion that comes from the Orient back to the West. We stand at the ple have settled, and wherever they settle they immediately draw very gate of the reservoir that hangs like some high cloud over the together in some little quarter. They are like a small or a large people, not only of the Pacific Coast, but of the United States-a devil fish, according to their members, wherever they plant themselves great reservoir with five hundred million hungry souls to draw from, down everything else begins to get away, moves off, gets out of there. which may burst at any time and inundate not only this shore, That devil fish bas planted itself in San Francisco, and it throws out but flow across the Rocky Mountains and overwhelm the people of the its arms and takes in one block at a time. There seems to be some whole United States. I say we must stop the crevasse, we must prevent sort of poisonous exhalation from it which makes everything else the inundation anyway, barbarous though it may be, it is our duty to get out of there. Even the hoodlums, thieves, robbers, and low pros- do it; and while the sentimentalists of the East talk about the brothertitutes among the whites get away from there. They cannot stand it. hood of man and the fatherhood of God, we can tell them that we are They evacuate, absquatulate, and leave the octopus there all alone. Then trying to preserve them in their homes, in their temples of worship, it reaches out and takes in another part of a block, and again everything and in their schools, where they teach the brotherhood of man and the disappears before them as if from some deadly blight. It is like the fatherhood of God; for if they do overrun them, as it is possible for feeding upon pasture lands of a flock of sheep. I do not wish to injure them to do, and it is possible in the inscrutable designs of Providence the business of the sheep herders in the Convention, or the sheep raisers, that they should, we labored to prevent it. Do not talk to us about the but they do say that when they take a flock of sheep into a certain sec. severity or barbarity of our proceedings. tion, and they feed over that section, that thereafter cattle and horses and The American Indian and the Chinaman possess different kinds of all the more nobler sex of domestic animals refuse to go there. They will civilization to our civilization. They differ in the methods in which not feed there after the sheep have tramped over it and fed there. And they resist it, but it is none the less resistance. The American Indian that is the way with the Chinese. Whenever they set themselves down is opposed to it. He opposed it by savage war; he opposed it by direct they are masters of the situation; everything else seems to want to leave. and open onslaught upon that civilization which he saw coming. In As I have said before, they start a Chinese quarter. They establish a his ignorance, in his barbarity, and in his vice he had none the less a wash house, gambling house, and a house of prostitution. They are a steady, stern, inflexible will which resisted any advance of civilization, noisy people, and they are a nuisance to quiet people. People living and consequently there could be no other result except the conflict around cannot sleep at night, and are disturbed by the noise and the which came. But the Chinese oppose a different kind of warfare to our lewd women, etc. Finally, in some places, they are invited to go away. civilization, and in my judgment it is a more dangerous warfare, for it I know of a case, only a short time ago, over in the mountains. They is an insidious, slow-eating kind of warfare on our civilization, against were there, and they troubled the neighborhood. The people told them which you cannot raise an arm as you could against that sort of civilizato leave and go away. They talked about their civil rights. The citizens tion which attacked you openly, and which you could crush by means gave them a few days to go, and they did not go. Then they went there of your power. with their wagons, loaded up their plunder, and moved off all they had The police power of the State has no specific or legal definition, but there. They told them about the situation, and not to come back there. the line of demarcation has to be found, not in what is expressed, not No one has raised anything about the Burlingame treaty, and no con- in what has been decided particularly by the Courts, but it is to be found.

itional provision has been infracted. It seems to be the right of a l in an examination of the powers that have been granted to the Federal

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