The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-10
Does it Settle the Chinese Question ,

Does IL Settle the Chinese Question
Wespoke yesterday Of the right and power
Of any State TO order its home government
according TO the will of its own people. The
limit Of this right and power Is very dis
tinctly defined California may try any eX-
periments that she plcases to try in the way
OF lettering or attempting to better her in
ternal affairs. She cannot set up Dictator,
Khedive, or Padishah in the place Of Gov
ernor, and she cannot abolish her Legisla-
ture; for the United States Constitution
guarantees to every State in the Union re-
publican form of government PRESERVING
republican form Of government, she may ar
range the details of its system TO suit her
self. She may prohibit the sale of liquor;
she may prohibit the sale of tobacco; she
may make lobbying a felony, as she has
done; she may engraft upon her organic
law features derived from PLATo's republic.
from Sir THOMAS MoRE's Utopia. or from the
administrative methods of the Houyhnhnms,
II she chooses. That is her own business and
the laws she makes must stand until they
are repealed by the power that made them.
But the citizens Of California are also citi
tens OF the United States, subject to the
Constitution of the United States. Califor-
ala cannot nullify one line Of that instru-
ment. She cannot make "A law that travcrses
\ law OF the nation. She may draft such
laws, and may vote again and again to
adopt them; but they will be as imperative
as the resolutions Of the inmates of n luna
tic asylum. Even her own State courts are
oowerless to give them effect.
A~4f - IA, T,ft Etot
lion declares that this Constitution and
;he laws Of the United States which shall be
made in pursuance thereof, and all treaties
made, or which shall be made, under the au-
thority OF the United States, shall be the SUI
preme Lave Of the land; and the Judges in
every State shall be bound thereby, anything
IN the Constitution or laws OF any State to
the contrary Notwithstanding"
One OF the radical features OF the state
Constitution ratified by the people Of Cali
fornia on Wednesday is its treatment OF the
Chinese question. 1t probably owes its ma
jority as much 10 the clauses directed
against Mongolian immigration as TO any
other OF its peculiarities We wish 10 ex-
anime some OF these anti-Chinese provisions
In the light OF the Federal Constitution.
The Bill OF Rights which prefaces the new
instrument confines the right Of foreigners
to inherit, hold, and transmit real property
in California to those OF the white race or
of African descent eligible to become citi-
gems OF the United states"
But the Constitution OF the United States
declares that treaties made under the au-
thority Of the United States are part OF the
supreme law Of the land and the BURLIN-
GAME treaty with China expressly provides
that "Chinese subjects visiting or residing
In the United States shall enjoy the same
privileges, immunities, and exemptions In
respect TO travel or residence as may there
be enjoyed by the citizens or subjects OF the
most favored nation" CALIFORNIA; new
Constitution traverses our treaty with
China; where it does so 1t becomes null and
void. The nation has made the compact
the State is powerless to set it aside.
The second article OF the California Con-
stitution, that relating TO suffrage, provides
that "no native OF China, no idiot or insane
person shall ever receive the privileges Of
an elector in this State"
But the Constitution Of the United States
reserves 10 Congress the power TO establish
uniform rule OF naturalization for all the
States. California has no right to say that
no native OF Africa shall ever receive the
privileges of an elector within its limits
No more has she the right to say that no
native OF China shall ever receive those
privileges.
The nineteenth article Of tho California
Constitution provides that "no corporation
now existing or hereafter formed under the
laws OF this State shall, after the adoption
of this Constitution, employ directly or in
directly, in any capacity, any Chinese OF
Monaghan"
But the Constitution Of the United States
declares that no State shall pass any &C pos
fdcto law.
The nineteenth article OF the California
Constitution further commands that tho
Legislature shall provide the necessary
legislation TO prohibit the Introduction into
. this State Of Chinese after the adoption d
this Constitution"
But this nations treaty with China, which
the United States Constitution declares t.
be part Of the supreme law Of the land
cordially recognizes the Inherent and in
alienable right of man 10 change his home
and allegiance, and also the mutual adj
vantage OF the free migration and omigra
ton Of citizens and subjects from on
country TO the other, for purposes of curl
osity Of trade, or as permanent residents
The California Constitution Is a remarka
BILE instrument, but it cannot knock thu
bottom out OF the Constitution Of the Unite,
States.
The IrOnclad' Quacks.