|
1
|
- Asian Americans and the Law
- Dr. Steiner
|
|
2
|
|
|
3
|
|
|
4
|
- [I]n order to enhance the prosperity and to preserve the tranquility of
the State, measures must be adopted to check this tide of Asiatic
immigration, and prevent the exportation by them of the precious metals
which they dig up from our soil without charge, and without assuming any
of the obligations imposed upon citizens.
|
|
5
|
- I am sensible that a proposition to restrict international intercourse,
or to check the immigration of even Asiatics, would appear to conflict
with the long cherished benevolent policy of our Government. That
Government has opened its paternal arms to the “oppressed of all
nations,” and it has offered them an asylum and a shelter from the iron
rigor of despotism. The exile pilgrim and the weary immigrant, have been
recipients of its noble hospitalities. In this generous policy, so far
as it effects Europeans, or others capable of becoming citizens under
our laws, I desire to see no change; nor do I desire to see any
diminution of that spirit of liberality which pervades the
naturalisation laws of the United States.
|
|
6
|
- Let us consider the vile coolies, who like craven beasts work the
goldmines only to return to their native land and bring no profit to our
state.
|
|
7
|
|
|
8
|
|
|
9
|
- I am not much acquainted with your logic, that by excluding population
from this State you enhance its wealth. I have always considered that
was wealth; particularly a population of producers, of men who by the
labor of their hands or intellect, enrich the warehouses or the
granaries of the country with the products of nature and art.
|
|
10
|
- But your further logic is more reprehensible. You argue that this is a
republic of a particular race that the Constitution of the United States
admits of no asylum to any other than the pale face. This proposition is
false in the extreme, and you know it. The declaration of your
independence, and all the acts of your government, your people, and your
history are all against you.
|
|
11
|
- We hold these truths to be self-evident, that all men are created equal,
that they are endowed by their Creator with certain unalienable Rights,
that among these are Life, Liberty and the pursuit of Happiness.
|
|
12
|
- But we would beg to remind you that when your nation was a wilderness,
and the nation from which you sprung barbarous, we exercised most of the
arts and virtues of civilized life; that we are possessed of a language
and a literature, and that men skilled in science and the arts are
numerous among us; that the productions of our manufactories, our sail,
and workshops, form no small share of the commerce of the world; and
that for centuries, colleges, schools, charitable institutions, asylums,
and hospitals, have been as common as in your own land. . . .
|
|
13
|
- As far as regards the color and complexion of our race, we are perfectly
aware that our population have been a little more tan than yours.
- Your Excellency will discover, however, that we are as much allied to
the African race and the red man as you are yourself, and that as far as
the aristocracy of skin is concerned, ours might compare with many of
the European races; nor do we consider that your Excellency, as a
Democrat, will make us believe that the framers of your declaration of
rights ever suggested the propriety of establishing an aristocracy of
skin.
|
|
14
|
- You say that “gold, with its talismanic power, has overcome those
natural habits of non-intercourse we have exhibited.” I ask you, has not
gold had the same effect upon your people, and the people of other
countries, who have migrated hither? Why, it was gold that filled your
country (formerly a desert) with people, filled your harbours with ships
and opened our much-coveted trade to the enterprise of your merchants.
|
|
15
|
- In 1850, California state legislature passed the first Foreign Miners'
Tax Law, levying a $20-per-month tax on each foreigner engaged in
mining.
- Many foreign miners refused to pay the tax and left the country.
- The tax was repealed in 1851
- A $4 tax was passed in 1852
|
|
16
|
- Section 1. That from and after the passage of this Act, no person, not
being a citizen of the United States (California Indians excepted) shall
be allowed to take gold from the mines of this State, unless he shall
have a license therefor, as hereafter provided. . . .
|
|
17
|
- Section 6. The amount to be paid for each license shall be at the rate
of four dollars per month, and said license shall in no case be
transferable.
|
|
18
|
- In 2003, $4.00 from 1853 is worth:
- $94.65 (using the Consumer Price Index)
- $1,234.33 (using the GDP per capita)
- $14,355.75 (using the relative share of GDP)
|
|
19
|
- Section 10. The collector may seize the property of any person liable
to, and refusing to pay such tax, and sell at public auction, on one
hour’s notice, by proclamation, and transfer the title thereof to the
person paying the highest price therefor, and after deducting the tax
and necessary expenses incurred by reason of such refusal and sale of
property, the collector shall return the surplus of the proceeds of the
sale, if any, to the person or persons whose property was sold. . . .
|
|
20
|
- All foreigners residing in the mining districts of this State shall be
considered miners under the provisions of this Act, unless they are
directly engaged in some other lawful business avocation.
|
|
21
|
- Started with Dick Wade and Bob Moulthrop collecting: supper at Hesse’s
Crossing went down the river in the night collected all the way had a
great time, Chinamen tails cut off.
|
|
22
|
- “I had no money to keep Christmas with, so sold the chinks nine dollars
worth of bogus receipts.”
- “I was sorry to have to stab the poor fellow but the law makes it
necessary to collect tax, and that’s where I get my profit.”
|
|
23
|
- The mere fact that the petitioner was a Chinaman residing in a mining
district, does not subject him to the foreign miners' tax. If the act is
to be construed as imposing this tax, it cannot be supported, any more
than could a law be sustained which imposed upon every man residing in a
given section of the State a license as a merchant, whatever his
occupation.
|
|
24
|
|
|
25
|
- Section 1. The master, owner, or
consignee of any vessel, arriving in any of the ports of this State from
any foreign State, country, or territory, having on board any persons
who are incompetent by the laws of the United States or the laws and
constitution of this State to become citizens thereof are hereby
required to pay a tax, for each such person, of fifty dollars.
|
|
26
|
- Based on 2003 USD:
- $1,058.00 (using the Consumer Price Index)
- $13,365.94 (using the GDP per capita)
- $149,491.00 (using the relative share of GDP)
|
|
27
|
- In the event of the nonpayment of said tax within three days after the
arrival of said vessel, or within three days after demand for said tax,
said Commissioner, Mayor, or chief officer of any city, town, or
village, shall commence suit in the name of the State against the
master, owner, or consignee, or all of them for said tax before any
court of competent jurisdiction in said town or city; and the commencing
of said suit shall constitute a lien upon such vessel for the amount of
said tax, and it shall be forever liable for the same.
|
|
28
|
|
|
29
|
- State sued the owners of the ship “Stephen Baldwin,” to recover the sum
of twelve thousand seven hundred and fifty dollars, passenger tax on two
hundred and fifty Chinese passengers, brought on that ship from Hong
Kong, under the provisions of the Act of April 28, 1855.
- Defendants demurred, and the trial court sustained the demurrer.
|
|
30
|
- The question arising in this case was fully considered and settled in
“the Passengers Cases,” 7 Howard, by the Supreme Court of the United
States. . . . Where a question
can only be argued upon refined distinctions, when once settled, it
ought to remain settled.
- We, therefore, decide that the Act of this State, laying a tax of fifty
dollars each on Chinese passengers, is invalid and void.
|
|
31
|
- [A]ny person, or persons, of the Chinese or Mongolian races, shall not
be permitted to enter this State, … and it shall be unlawful for any man
…to knowingly allow …, any Chinese or Mongolian, … to enter any … place,
…within the border of this State, and any person … violating any of the
provisions of this Act, shall be held and deemed guilty of a
misdemeanor,
|
|
32
|
- … and upon conviction thereof shall be subject to a fine in any sum not
less than four hundred dollars, nor more than six hundred dollars, for
each and every offense, or imprisonment in the County Jail of the County
in which the said offense was committed, for a period of not less than
three months, nor more than one year, or by both such fine and
imprisonment.
|
|
33
|
- “The bill was duly enacted into law but was struck down by the
California Supreme Court in an unpublished opinion when the first
attempt to enforce it was made.
- McClain, “California’s First Anti-Chinese Laws”
|
|
34
|
- Sec 1. There is hereby levied on each person, male and female, of the
Mongolian race, of the age of eighteen years and upwards, residing in
this State, except such as shall, under laws now existing, or which may
hereafter be enacted, take out licenses to work in the mines, or to
prosecute some kind of business, a monthly capitation tax of two dollars
and fifty cents, which tax shall be known as the Chinese Police Tax;
provided, That all Mongolians exclusively engaged in the production and
manufacture of the following articles shall be exempt from the
provisions of this Act, viz: sugar, rice, coffee, tea.
|
|
35
|
- Sec. 4 The Collector shall collect the Chinese police tax, … from all
persons liable to pay the same, and may seize the personal property of
any such person refusing to pay such tax, and sell the same at public
auction, by giving notice by proclamation one hour previous to such
sale; and shall deliver the property, together with a bill of sale
thereof, to the person agreeing to pay, and paying, the highest thereof,
which delivery and bill of sale shall transfer to such person a good and
sufficient title to the property.
|
|
36
|
- And after deducing the tax and necessary expenses incurred by reason of
such refusal, seizure, and sale of property, the Collector shall return
the surplus of the proceeds of the sale, if any, . . .
|
|
37
|
- Sec. 7. Any person or company who shall hire persons liable to pay the
Chinese police tax shall be held responsible for the payment of the tax
due from each person so hired; and no employer shall be released from
this liability on the ground that the employee in indebted to him (the
employer), and the Collector may proceed against any such employer in
the same manner as he might against the original party owing the taxes.
|
|
38
|
- It must be admitted that the act before us is a measure of special and
extreme hostility to the Chinese, and that the power asserted in its
passage is the right of the State to prescribe the terms upon which they
shall be permitted to reside in it. This right, if carried to the extent
to which it may be carried if the power exists, may be so used as to cut
off all intercourse between them and the people of the State, and
obstruct and block up the channels of commerce, laying an embargo upon
trade, and defeating the commercial policy of the nation. The act is
sought to be maintained as a police regulation; but this branch of the
police power has been surrendered to the government as a part of the
power to regulate commerce, and its exercise by a State is incompatible
with the authority of the government.
|
|
39
|
- We may dismiss from the case the question of the power of the States to
exclude obnoxious persons, such as paupers and fugitives from justice,
for it nowhere appears that the Chinese as a class are of that
description; nor does the act pretend to deal with them as such. . . .
That they may be taxed as other residents is not disputed, but that they
may be set apart as special subjects of taxation, and be compelled to
contribute to the revenue of the State in their character of foreigners,
is a proposition which cannot be maintained. If this may be done, there
is no restriction upon the power that does it, and a tax may be imposed
which no human industry can pay, precluding all intercourse, and making
it as impossible as if it were positively prohibited.
|
|
40
|
- Whereas, Criminals and malefactors are being constantly imported from
Chinese seaports, whose depredations upon property entail burdensome
expense upon the administration of criminal justice in this State; and
whereas, by the importation of such persons a species of slavery is
established and maintained which is degrading to the laborer and at war
with the spirit of the age; now, therefore, in the exercise of the
police powers appertaining to this State, ...
|
|
41
|
- Section 1. [It’s unlawful] to
bring or to land from any ship, boat or vessel, into this State, any
Chinese or Mongolian, born either in the Empire of China or Japan, or in
any of the islands adjacent to the Empire of China, without first
presenting to the Commissioner of Immigration evidence satisfactory to
him that such Chinaman or Mongolian desires voluntarily to come into
this State, and is a person of correct habits and good character, and
thereupon obtaining from such Commissioner of Immigration a license or
permit, …
|
|
42
|
- Sec. 2. Any master, officer,
owner or part owner of any steamship, sailing or other vessel, or any
other person, violating any of the provisions of this Act, or assisting
in such violation, shall be deemed guilty of a misdemeanor, and shall be
punished by a fine of not less than one thousand dollars nor more than
five thousand dollars, or by imprisonment for a term of not less than
two nor more than twelve months, or by both such fine and imprisonment
|
|
43
|
- Whereas, The business of importing into this State Chinese women for
criminal and demoralizing purposes has been carried on extensively
during the past year, to the scandal and injury of the people of this
State, and in defiance of public decency; and whereas, many of the class
referred to are kidnapped in China, and deported at a tender age,
without their consent and against their will; therefore, in exercise of
the police power appertaining to every State of the Union, for the
purpose of remedying the evils above referred to and preventing further
wrongs of the same character . . .
|
|
44
|
- Section 1. It shall not be
lawful, from and after the time when this Act takes effect, to bring, or
land from any ship, boat, or vessel, into this State, any Mongolian,
Chinese, or Japanese females, born either in the Empire of China or
Japan, or in any of the islands adjacent to the Empire of China, without
first presenting to the Commissioner of Immigration evidence
satisfactory to him that such female desires voluntarily to come into
this State, and is a person of correct habits and good character …
|
|
45
|
- Sec. 2. Any master, officer,
owner or part owner of any steamship, sailing or other vessel, or any
other person violating any of the provisions of this Act, shall be
deemed guilty of a misdemeanor, and shall be punished by a fine of not
less than one thousand dollars nor more than five thousand dollars, or
imprisonment for a term not less than two nor more than twelve months,
or by both such fine and imprisonment.
|
|
46
|
- $14,016 (using the Consumer Price Index)
- $177,739 (using the GDP per capita)
- $1,423,209 (using the relative share of GDP)
|
|
47
|
- Sec. 3. Every individual person
of the class hereinbefore referred to, transported into this State
contrary to the provisions of this Act, shall render the person so
transporting liable to a separate prosecution and penalty, and the
transportation of each one as aforesaid shall create a separate and
distinct offense, and render the person offending liable to the pains
and penalties herein provided.
|
|
48
|
- Section 1. The Legislature shall prescribe all necessary regulations for
the protection of the State, and the counties, cities, and towns
thereof, from the burdens and evils arising from the presence of aliens
who are or may become vagrants, paupers, mendicants, criminals, or
invalids afflicted with contagious or infectious diseases, and from
aliens otherwise dangerous or detrimental to the well-being or peace of
the State, and to impose conditions upon which persons may reside in the
State,
|
|
49
|
- No corporation now existing or hereafter formed under the laws of this
State, shall, after the adoption of this Constitution, employ directly
or indirectly, in any capacity, any Chinese or Mongolian.
|
|
50
|
- No Chinese shall be employed on any State, county, municipal, or other
public work, except in punishment for crime.
|
|
51
|
- The presence of foreigners ineligible to become citizens of the United
States is declared to be dangerous to the well-being of the State, and
the Legislature shall discourage their immigration by all the means
within its power. Asiatic coolieism is a form of human slavery, and is
forever prohibited in this State, and all contracts for coolie labor
shall be void. All companies or corporations, whether formed in this
country or any foreign country, for the importation of such labor, shall
be subject to such penalties as the Legislature may prescribe.
|
|
52
|
- Art. I, sec. 8 The Congress shall have Power . . . To establish an
uniform Rule of Naturalization. . . .
- Art. I, sec. 9 The Migration or Importation of such Persons as any of
the States now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one thousand eight hundred
and eight, but a Tax or duty may be imposed on such Importation, not
exceeding ten dollars for each Person.
|
|
53
|
- The Legislature shall delegate all necessary power to the incorporated
cities and towns of this State for the removal of Chinese without the
limits of such cities and towns, or for their location within prescribed
portions of those limits, and it shall also provide the necessary
legislation to prohibit the introduction into this State of Chinese
after the adoption of this Constitution.
|
|
54
|
|
|
55
|
|
|
56
|
- The 394th section of the Act Concerning Civil Cases, provides that no
Indian or Negro shall be allowed to testify as a witness in any action
or proceeding in which a White person is a party.
- The 14th section of the Act of April 16th, 1850, regulating Criminal
Proceedings, provides that “No Black, or Mulatto person, or Indian,
shall be allowed to give evidence in favor of, or against a white man.”
|
|
57
|
- Why are Chinese to be considered “Indians”?
- When Columbus first landed upon the shores of this continent, in his
attempt to discover a western passage to the Indies, he imagined that he
had accomplished the object of his expedition, and that the Island of
San Salvador was one of those Islands of the Chinese sea, lying near the
extremity of India, which had been described by navigators.
|
|
58
|
- When Columbus first landed upon the shores of this continent, in his
attempt to discover a western passage to the Indies, he imagined that he
had accomplished the object of his expedition, and that the Island of
San Salvador was one of those Islands of the Chinese sea, lying near the
extremity of India, which had been described by navigators.
|
|
59
|
- Ethnology, at that time, was unknown as a distinct science, or if known,
had not reached that high point of perfection which it has since
attained by the scientific inquiries and discoveries of the master minds
of the last half century. Few speculations had been made with regard to
the moral or physical differences between the different races of
mankind.
|
|
60
|
- The general, or perhaps universal opinion of that day was, that there
were but three distinct types of the human species, which, in their
turn, were subdivided into varieties or tribes. This opinion is still
held by many scientific writers, and is supported by Cuvier, one of the
most eminent naturalists of modern times.
|
|
61
|
- The word “Black” may include all Negroes, but the term “Negro” does not
include all Black persons. By the
use of this term in this connection, we understand it to mean the
opposite of “White,” and that it should be taken as contradistinguished
from all White persons.
In using the words, “No Black, or Mulatto person, or Indian shall
be allowed to give evidence for or against a White person,” the
Legislature, if any intention can be ascribed to it, adopted the most
comprehensive terms to embrace every known class or shade of color, as
the apparent design was to protect the White person from the influence
of all testimony other than that of persons of the same caste. The use
of these terms must, by every sound rule of construction, exclude every
one who is not of white blood.
|
|
62
|
- We are of the opinion that the words “White,” “Negro,” “"Mulatto,”
“Indian,” and “Black person,” wherever they occur in our Constitution
and laws, must be taken in their generic sense, and that, even admitting
the Indian of this Continent is not of the Mongolian type, that the
words “Black person,” in the 14th section must be taken as
contradistinguished from White, and necessarily excludes all races other
than the Caucasian.
|
|
63
|
- The anomalous spectacle of a distinct people, living in our community,
recognizing no laws of this State except through necessity, bringing
with them their prejudices and national feuds, in which they indulge in
open violation of law; whose mendacity is proverbial; a race of people
whom nature has marked as inferior, and who are incapable of progress or
intellectual development beyond a certain point, as their history has
shown; differing in language, opinions, color, and physical
conformation; between whom and ourselves nature has placed an impassable
difference, is now presented, and for them is claimed, not only the
right to swear away the life of a citizen, but the further privilege of
participating with us in administering the affairs of our Government.
|
Notes
