Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-02-13

WITHIN ltself, and would vote for the bill to
brlng 1t TO test and procure decision The parties
here were pldged TO othereform of the Chinese abuse
Dut the people OF the Eastern States had denounced
tne anu -Smhese sentiment on this coast as being
u,ereis tne expression OF the rough and criminal
classes o1 the State. Hefavored showing them that
tne most Intelligent and respectable portion of the
cltlzens held the same opinions and wishes and
tnen tney could no longer shut their ewes to the
Mr. HOWELL said that there was no gentleman on
THIS hoor more anxious than himself to restrict Chi
nese immigration. While he was perfectly willing
70 vote Tor TINS BILL If 1t could be made effective, he
toug1t tue penalty being applied to individuals, it
would become imperative. He offered a substitute
and moved to recommit to the Committee on Judi
cary, with instructions to amend so as to make the
corporation liable instead of the individual He said
that ms only object i'll Offering the amendment was
| the individual
Mr.. Rowelfs motion to recommit was lost
Mr.; ENos had hoped that the bill would pass with
OUT discussion, and receive the unanimous support
/ OF the Senators. He had hoped that every Senator
had fully understood the purport Of the oath taken
by him 20 support the Constitution of the State and
was very sorry to hear any gentleman sav-as Sena-
tor hllteH had-that he owed higher allegiance to
the Burlingame treaty than TO the Constitution Of
California. He had rather resign his seat on this
Hoer than to refuse to vote for the bill. 1t
| provision of the Constitution made mandatory that
the Legislature should pass such laws were neces
sary 20 enforce it, He regretted to see Mr. Hittels
seat empty, but as ii was, he would ask Senator Neu
mann why he had not introduced some law for that
purpose.
Mr.. NEuMAYN replied that he had introduced an
amendment that would have made the bill good if it
had been adopted.
Mr.. ESos dilated upon the educational advantages
Mr.. Neumann enjoyed, and asked why he had at
tackled Mr.. Kane, who had enjoyed no such advan-
tages, who only came here as q representative labor
| ing man. He (Enos) had heen denounced the other
day as a barbarian on account of the bill introduced
| by him. he wished to know how Mr. Hittell, who
pronounced the bill unconstitutional knew that it
| was unconstitutional? Who gave him the rig hit to
decide on this floor that il was not constitutional
He defed the Burlingame treaty, and thought Cal
norma should show the country that the Constitu-
| tlon and the people were higher power than the
treaty. He would ask the honorable gentleman if
he avowed an allegiance to the Burlingame treaty in
| preference to the Constitution of California? As
for him. his highest allegiance was due to his State
ard her people. If this were treason, make
the most of it, He would ask Senator Neu-
mann if he indorsed the declaration of Judge Field
that Tilden was elected, and Hayes fraud
MIR. NEUMANN said he had never heard that Judge
Field used any such language. 1t sounded more
! like Judge Enos.
Mr.. Ehos spoke of Judge Fields reported candi
dacy, and denounced his decision against the Mavor
OF San francisco in the matter Of cutting off Chi
| namens queues, and spoke of Judge TaneyS decis-
ion in 1857. He knew this provision of the Consti.
| tuition rough on the cornorations b1t IT. was
the decision of the people, the unbought, honest
! people. he was glad to hear the eloquent voice of
| the Senator from Sacramento in support Of the bill ;
! II vas talismanic power in aid Of it. This bill
would give employment to 10, 900 white inhabitants
| of California. 1t would fill the empty larders OF
10000 homes and give plenty to the homes of pov-
erty. He meant that the Chinese should 20, and
that the corpoiations should Eelp to make them CO.
| If man was wretch because his slogan was The
Chinese must CO." then he a wretch and glolied
in the name.
MIR. CoNGER said that on any other question
| than one OF such importance he would not
be here He had lett the side of his dead father to
come here and do his duty to twenty thousand
starving people of California. His father had said
to him a few days ago, when he had staid with him
until after the time for opening the session. g. Go
| on, my son. and do your duty" He was following
in the footsteps of that father who had been chosen
to fill several public Offices and was here to-day to
do what he could to give relief, and employment,
and bread, to twenty thousand homes. Mr.. Satter.
white had said the other day that the Republican
party had been the friend to all races but the white
man, and it was true. He had been member of
the Republican party for sixteen years. but had
affiliated with the Workingmen's party in order if
possible, to carry out the issues that had arsen
and which the Republican party did not regard as he
did. or wish to solve as he thought right. He he.
leved the Burlngame treaty should be done away
with. 1t was conceived in fraud and he quoted the
sections he declared were inconsistent. He said
that 1t affords no privileges protection in China
for Americans. There are only five ports
| IN China where an American can 20 and obtain
| Justice and they are under the shadow of British
cannon and only upheld by British power. In the
INTERIOR If an American citizen wished to engage in
traQe, ne would not De allowed do and If he
got away without leaving his head he would be
! lucky. 1t has been decided that the Burlincame
treaty stands only on the footing as an Act of
Congress.
At this point the Senate took recess until p NJ
AFTERNOON SESSION.
| Senate reassembed at 80 P. NJ President Mans.
field in the chair.
| Roll called and quorum present.
! Mr.. CoNGER resumed his remarks and said he
would eny detain the Senate few moments
! Tin nupc txb. b.tta
scribe any conditions on which aliens might reside
in its borders, different from those applied to its
citizens one he wished to discuss If the treaty.
making power absolute that it overpowered
all rights of citizens, American citizen in time of
war had better 20 to another country and tender his
allegiance and come back released from the burdens
| of government. He had no doubt that the corpora
tons would test this law. OF course Congress had
| the right to make treaties and legisate but
the State has the reserved right to protect itself
from their i'll effects. He would mention this one
point in regard to nuisance that it had been held
that the people had the right to abate nuisance
even by tearing down buildings wherein they exist
| He quoted General Butler to the effect that the
Constitutional Convention has the power to declare
upon these things, and their authority is paramount
He would ask these men who had grown rich in this
State to have mercy upon the aboring classes He
appealed to them in the name OF God in the name
OF justice and humanity, to discharge these slaves
They could build up this State and it was for their
interest to do He considered this question above
all party lines, and gentlemen of all parties who
would lift up their voices against this evil should
have his hearty operation. He closed by saving
Z" Ii that time should ever come-and pray God it
may not-that it should be necessary for me to ar
ray myself even against the Constitution and laws
of my State and the laws OF my country to keep my
| family from starvation and the degradation of a
slave, will say Let towards cringe who fear to-
| day.
Mr.. NEuMANN said that after the speech OF the
gentleman from the Ninth, he wished to answer
some things that had been said. He believed that
the corporations should only be allowed to employ
white labor. He discaimed any intent to make any
attack on Senator Kane and paid him compliment
on his fairness and honesty and replied to the re-
marks OF Senator Enos. He said that men from the
sums of the European cities had come to this coun-
try to dare to propose to dictate laws to u.s. He
read from Shakespeare Jack Cade's speech to his
followers Illustrating the of some people
of this State. Senator Enos had hurt him more by
the accusation that he had SAID he had declared he
owed allegiance to the Burlngame treaty than
10 the Constitution than anything else he had said
He did not to have the respect of certain class
who inhabited the slums of San Francisco. He did
not think that the police regulations could interfere
with the iualienabe rights of citizens.
Mr. DICKINSON said there had been much debate
on this bill and the one like it, and much on the
same gfound. He would vote against this, as
against the other. He considered it unconstiiu-
tional and did not think he would do any injury to
the people in SO doing. He defined the difference
between the Constitution OF the United States and
the State Constitution, and quoted from the former
He thought that it guaranteed TO all men equality
and the people of California recognized the Consti-
tuition Of the United States as the paramount
law of the land. He expressed sympathy
with the Judges whose decisions had been
SO ruthlessy torn to pieces and scattered
to the winds in the morning. He red from the
treaty to the rights guaranteed to the Chinese
and claimed that under the treaty, taken with the
Constitution of the United States they were entitled
to equal rights He thought that if the bill had
proposed to deprive all other aliens who were not
citizens, of these rights, the members would not
advocate it so strenuously. He thought he could
show that this provision would react boomerang
upon the class that it intended TO protect. He
did not think they called to vote for this
! bill and then shift the responsibility upon the
Courts 1t had been asked if the creature was
greater than the creator. He thought not, but
would not like to the creator handle thecreature
to crush out its life by means of injustice. He
classed this bill with what he might call the Bar
balian bills He spoke of the cry against railroad
discrimination and said that this a worse case
of discrimination by far. We must handle this
question carefully and as best can, and
use our best infiuene to abate the evil prop
erly- This bill would discriminate against the
man who was member OF corporation
and in favor of private individual occupied in the
same business, who could employ as many Chinese
as he pleased. He thought the slogan " the Chinese
must go had always been incomplete, and the peo
pie who used il would complete it by saying they
must go-on with our washing and ironing. He
thought the police power necessary to make them
go was lodged in the provision enabling cities to
regulate the Chinese within their limits, if it existed
anywhere. If he never would be returned, as he
had been Informed on this floor, he would bow to