Daily national Democrat., 1859-03-27
1aiIp glationaI democrat.
Chinese immigration.

ed TO take into cOhsldeFallon tue law lhtely
concealed for diseouragng the immigration of
,,ersons who cannot become citizens, and to
;oouire into the practicability and expedency
of framing new law for the same purpose
but free from its constitutional objections
and if the said committee shall find the same
70 be both expedient and practicable to re-
mort bill for that purpose.
REPORT OF SPECIAL COMMITTEE
MFR. Speaker Your committee appointed
under the foregoing resolution, after giving
the subject matter their mature consideration
beg leave respectfully to report, as follows:
Your committee t:nd that the act of April
%. lS55,-"To discourage the immigration TO
this state of persons who cannot become citi-
zens thereof which act imposed a tax Of tif. y
dollars upon every such person as above men
toned, on his arrival i'll any port Of this state
to be paid 10y the master, owner or consignee
of the vessel bringing the same, although still
upon the statute book and unrepealed, has
been, by the Supreme Court of this state, in
the case of the People VS. Downer, Z Cal, III
declared to be invalid and void They find
also that the act of April 2s, 1s5S-"To pre-
vent the further immigration of Chinese or
prohibited the landing in California of any
Of the above mentioned races, was repealed
during the present session, in view of a de-
cision said to have been then lately rendered
by the Supreme Court declaring the said law
to be unconstitutional. Your con mittee,
about a month since, made inquiry in the
proper quarter, and were informed that that
decision would then shortly be published, and
that it was based upon the me grounds as
the one rendered ia the case of the People VS.
Dow4er. above mentioned, viz the decision
of the Supreme Court of the United States
given in the cases commonly known as the
Passenger Cases" reported in Howards
Renorts, Your commi tee understand that
the Supreme Court decided in those cases, to
the effect that the laying tax upon passen-
gers by any state was mn infringement upon
the power delegated by the Federal Consti-
tuition to the Congress of the United Stltes,
"to regulate commerce with foreign ma
tons"
In the above mentioned cases, the Court
decides that the carrying Of passengers comes
under the general denomination OF com
merce," as much, and to as full an extent, rs
though they were merely freight or merchan-
disc Your committee was informed that the
nrobib,tion of the introduction of Chinese OF
. MO0RyllnnS was ueSUhtO Wy bhC CupANiiS
Court of this state to be as much an infringe
ment upon the right delegated to Congress as
would be the imposition of a tax upon the
same class of persons, and that both were
equally unconstitutional. Under these CIR
cumstances your committee feel themselves
incapable of devising any act of legislation
by which the object contemplated in the acts
formerly passed by our legislature for the
discoura cement or prohibition Of the immi-
grafton of Chinese or Mongolians in this state,
may be attained, without clashing with high
judicial decisions, and with the powers of
Congress, as by them construed. Your com
mittee, therefore feel constrained to report
the impracticability of framing such an act
as is proposed in the resolution under which
they were appointed
Before closing this report, your committee
feel it due to themselves and the Legislature
.of this state to say few words upon the po-
licy of the end proposed by the legislation
heretofore attempted viz the Encouragement
or prohibition of the Immigration to this
state of the Chinese or Mongolian races. 1t
must be remembered that that part of the
Chinese Empire called China proper, with an
area Of 100000 square miles, has popu-
laton estimated at 367 ,6S2, ,907, being ut the
rate of 2e3 to the square mile, while the Uni
ted States of America, with an area of near
~ 5000, 900 square miles. has only popula
tion of about 30 900. 900, or about 10 to the
square mile The Chinese Empire is, there
fore. Overcrowded and oppressed with TEEN
5ng population, reduced to every device and
strait for the preservation of life; to such an
extent, indeed, as to drive the masses to the
consumption of vermin of Offal of uncean
animals, of animals which have died II natu-
raj death, and other disgusting foud in order
to sustain life The price of labor is reduced
to 50 low an ebb that the degraded poems of
Mexico and South America. with wages ran
ging from twelve and half cents to n half
dollar per diem may be rated as highly op
ulent and superior class of laborers in COM
parison. Added to this. the Chinese are an
emigrating people, SC much 50 that many is
lands in the East Indian Archipelago are
populated by large colonies of the Chinese
race.
And it must here be noted that even sup
posing that the most contiguous part of the
United States to the empire of China were
the densely populated States of New York
and Massachusetts they would still afford a
most eligible field to the Chinese immigrant,
by reason of the superior rates Of labor in
those States. and the triling wants and ne
cessities of the Chinese laborer. We deem it
to be very reasonable hypothesis that if the
above mentioned Atlantic States occupied
the relative position on the earths surface to
ward China which California now holds end
il free immigration were allowed and en-
couraged, it would not be many years before
the whole country would he covered with
swarms of inferior, feeble and disgusting race,
until in every department of labor and in
dustry our own fellow countrymen would be
iostled undermined and underbd by them.
And if this would be the case with New
York and Massachusetts, how much more
so with California? This golden State holds
out much higher premium for Chinese i'm
migration than those above referred to. Here
labor is higher paid and is more in request.
Here land is more plentiful and is held ut
cheaper rates. And here above all, lie spread
out rich gold mines, which Of right belong to
the American citizen, or. at least, to those
who are capable and desirous Of becoming
such, and which offer rich and bounteOus
reward to all who have the strength to dig
and the energy to persevere. Heretofore,
although at times we nave had specimens of
what the Chinese can do in the way of for
warding emigration, sufficient to cause the
beholder to start back and inquire from what
teeming human hot-bed proceeds this mass
OF pig tailed and moon eyed humanity, yet
That immigration has been checked and re-
strained at various times. directly and indi-
rectly. Laws to tax the importation Of Chi
nese and Mongolians TO prohibit their intro
ductlon, memorials. petitions, reports, and
Governors messages recommending the pass.
age OF such laws; laws to tax the foreign
miner and last, though not least, the eD,eutes
against the Chinese, which have arisen from
r