The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-06-08


description 81 persons, whom it may deem dan
gerous. or i.7urious TO ds interests and ,oelfdre
Of us citizens and that the State has the ex
elusive right to determine, 10 it, sound diso-e-
ton, whether the danger does or does not exist
free from the control Of the general govern
nentn
But, without further reference to the able
opinion delivered in this ease, by Mr.. Justice
fancy, will remark that the principle involved
IN the reeomm ndation which have made, does
not appear TO me TO be entirely analogous to
that contained in the statutes OF New York aud
Massachusetts. and declared TO be uneonstitu
tional by the Supreme Court of the Urited
States. In those cases, il proposed to i'm.
pose tax upon " free white persons" who could
acquire the rights of American citizens. But
in the present instance, il ia proposed to tax
persons who, it is believed, caunot assume the
obligations imposed upon, nor acquire the civil
or political privileges of citizens of the United
States. In those cases, the public health merely
was endangered but il is believed that in this
instance the most vital interests of the State
and people, and, perhaps, the public peace, is at
stake. Whether the objection raised by the
supreme cour! TO the statute Of New York, that
II was regulation of commerce, aud that, there
fore, twas void, would apply to statute of
N'i' p'"'c, i"PpoiuD a. YAK upOu hSldttCs,
must leave tito you, and to other tribunals, to
determine
There is no official information in this depart.
ment touching the nature of the contracts, said
to have been made with Asiatcs, by their own
countrymen or by foreign residents in the Chi.
nese empire, to work in our mines 1t is not
officially known to this department whether
those persons are here in state ofvoluntary or
involuntary serviiude. But if it be ascertained
that their immigration and servtude is volun-
tary, am still of the opinion that the legislature
may enact laws to prevent or discourage ship
ments of vast bodies of :. coolies into this
State. am convinced not only tina: snch n
measure is necessary, but am also convinced
that there is nothing in the federal Constitution
which forbids the enactment of such laws.
Its remarkable fact that the treaty conclu
ded at Wang Hiya on the 3rd of july, lS45.
between the United States and China, contains
no provisions in relation to the civil or political
privileges which the subjects of the Chinese EN-
pire, immgrating to the United States, shall en-
Joy. II Is true that this treaty guarantees i'm
portant commercial privileges to our citizens
but IN the exercise Of these privileges no en-
croachments are made upon the rights or the
property Of the subjects of China The measures
which ave now recommended you to enact,
Wouiu NOV, oi course, Justfy any retaliation by
Chinese upon Americans residing in that coun
try. Indeed in view of the fact that in all the
governments of Europe and Asia foreigners are
excluded from mines, and in view of the further
fact that in those countries the preci us metals
are commonly retained by the government to
the exclusion even of their own citizens it is not
easy to believe that the Chinese will urge objec
tons to the measures which have here pre-
erted, if adopted
1t must be conceded, that the extraordinary
wants of this State will demand novel, if not ex
iraordinarv legislation. The history and condi
ton of California it peculiar-it is uithout par
allel. Her resources, like her oxigences, are
without precedent In framing laws, therefore,
to meet such eyigencies is is clear that we can
not be guided entirely by precedents which have
been established in the common course of events
in other States. But, though our condition may
sometimes require departures from presidents
in the enactment, as well as in the execu ton of
laws we should not fail to follow the Constitu-
ton, both as our chart and az the palladium of
our liberties.
Having thus performed one Of the most i'm
portant duties which will perhaps devolve upon
me during my term Of Office, commit this sub
ect to your care, and entreat for it your careful
co nslderation. JOHN BIcLER.