Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-19
CALIFORNIA LEGISLATURE.
rwENrY-FoURrH SESSION SIXTEENTH DAY.
sen

NJ President Mansfield in the chair. Roll called /;
quorum present Minutes OF last meeting read and
approved
The Committee on Mines and Mining reported
bills as follows: S. B. 81, passage recommended /;
S. b. %, recommended that the author have leave
to Withdraw the same 5. 3. 10, passage recon-
mended.
The Committee on City and Town Governments
reported bills follows: s. B. g. do not pass s.
B. 143, do not pass.
The Committee Public Morals recommended
the passage of S. c. X. s.
message from the Governor, transmitting the
annual reports OF the Fish Commissioners and Trus
tees of the State Burial Grounds, was read by the
Secretary.
A. Bs AZ 23 and u were received from the AS
sembly and read for the first time.
The Committee on Elections reported bills as fol
lows S. Bs. 107 and los, indefinitely postponed !;
S. g. IA do not pass. The committee also recon-
mended that the resolution introduced January 4th
relating to the payment OF James Byrnes in the
contesting Of his election be adopted
Mr. luck moved that the Byrnes matter be re-
ferred to the Committee on Contingent Expenses
under Rule f9.
MT JOHNSON moved as an amendment that the
committee be instructed to report the matter day
after tomorrow.
The amendment was accepted, and the motion
Mr. ENos wanted his resolution relative to the
payment OF Pnder, N the r-Traylor contest,
referred to the Committee on Contingent Expenses
After some discussion. Mr.. ESos moved that the
Committee on Elections be instructed to report the
PInder matter to the Senate tomorrow.
Following further debate, Mr. CHENEY asked
permission to report for the Committee on Elections
as follows The resolution for the payment of the
expenses of Mr.. Pinder in contesting the seat of
Senator Traylor, taken up before the committee
aud passed for future discussion.
The motion of Mr.. Enos prevailed.
The following bills and resolutions were intro
duccd
By Mr.. BRowS-To repeal an Act to amend Sec
ton 1880 OF the Penal Code, approved March %,
1878 Judiciary.
b. Mr.. DAVIS - Senate Joint Resolution :
Whereas, the treaty recently concluded be
tween the United States Government
and the Government of China is now be-
fore the United States Senate for its ratification
and whereas, said treaty provides, among other
things that the Chinese in this country and all
others that may be allowed to come here for any
purpose are a-d shall be entitled to jail the prvi
leges immunities and exemptions as msy be enjoyed
by the citizensor subjects of the most favored
TONS thus comforting upon them the rights OF natu
raliZation and citizenship; and whereas, the said
treaty further provides that it shall not be compe
tent for the Government of the United States to
prohibit the imm ration Of the aboring classes Of
said empire to this country therefore
Resolved by the Senate OF the State OF California
the Assembly coneurring, That we are unalterably
opposed he ratification OF said provisions OF said
treaty, and that respectfully urge and demand,
as most to be effected by said provisions,
such amendments to said treaty as shall positively
prohibit the naturalization in this country of any
subject or native Of the Chinese Empire and as
shall empower this Government to prohibit entirely
the immigration to this coantry of any of the
coolie or laborIng classes of China
Resolved, Tat our Senators in Congress are
hereby instructed and our Representatives are re.
quested, to use all means within their power to
carry out the wishes of the people of the State as
herein expressed.
Resolved, That the Governor of this State be and
is hereby requested to transmit by telegraph these
resolutions said Senators and Representatives
motion by Mr.. sArTERwHITE that the rules be
suspended and that the resolution be read second
and third time and placed upon its passage, was
carried.
On the second reading of the resolutions Mr..
SEARS moved that they be referred to the Commit
tee on Federal Relations, in order that due time
might be had by the Senate fo- their examination
and the comparison OF the amendments in question
with the portions of the Buringame treaty by them
intended TO be superseded. Mr.. SEARS quoted an
editorial from the San Francisco Post in substantial
ton OF his argument
Mr.. JOHNSON didn't wish any hair-spitting. As
far as he was concerned, he wanted to vote for a
resolution that would express the voice of CafoI-
MIA and neither himself the people of California
wanted any treaty with China that permitted the
Chinese to to the State. He believed that
any Chinaman coming here under the peculiar con-
structiol OF standardization laws would be natural
lied. And the treaty under discussion, matter
by whom made should be repudiated, and the peo-
pie should refuse to recognize the right at any time
or under any circumstances for the Chinese to
to California and compete with her people here. He
he was willing now at the last session, to vote for
any bill or resolution which looked in the slightest
degree towards ridding California OF this Chinese
curse He not in favor OF attempting to discuss
constitutional matters, trying to construe the
trea'y or resolutions. He was Ill favor OF passing
them Just as they anne III, and sending them for
ward. If they did not happen to accomplish the
object desired, pass others and send them forward
to correct Them and the more they sent the stronger
they would make them, and the better the people
of the State would like it.
Mr.. DAVIS didn't think the motion OF the Senator
from Marin was in order. The matter which the
Senator had read to the Senate was simply the
opinion of the gentleman who wrote the editorial
for the Post. The provision of the treaty towards
which the lutions directed in the second
article which reads as follows: "Chinese subjects
when proceeding to the United States as traders
students, merchants, or from curiosity, together
with their body and household servants, and Chinese
laborer5 who now in the United States, shall be
allowed to go and come of their own free will and
accord, and shall be accorded all the rights, prv
leges immunties and exemptions which are accorded
the citizens and subjects of the most favored ma
tions" The speaker didn't care what the provisions
of the other treaty were. That was the last treaty
the last EXPRESSION of agreement between the two
governments with respect to this matter and he
took it that il would be the law OF the case
If that provision did not confer the privilege
on those people to become n4traZed as subjects OF
this country, then he did not understand the En-.
glish language. 1t was the general opinion at the
is and on this coast so far as he could get the
preston Of opinion, that it did confer the right of
naturalization upon the Chinese who are here and
it did prohibit the Chinese Government from saying
that no more labOrers should come to the country
from China. That was the way it seemed to him,
but it was possible that they might be mistaken in
that view. That, however, was very improbable.
Bull suppose they were mistaken, the resolutions
would do no harm and as long there was a ques-
tion OF doubt and the probability in favor of the
resolution, they ought to be allowed to do their
work and have their influence. This question was
before the United States Senate now for ratiica-
ton, and discussion upon these provisions
OF that treaty might come up any time,
and the ratification or rejection of the treaty
the proposition OF amendment to 1t would follow
soon. Ii the California Legislature was to have any
voice in this matter, if its influence to be felt
upon this question, which was of SO much import
ance to our State it seemed to him it was absolutely
necessary to take immediate action, and that their
ideas upon this subject be given to Californias rep
resentatives there and be submitted to the Sen
of the United States as soon possible. The
speaker therefore hoped that the resolutions would
be Immediately passed and transmitted to the AS
sembly.
Mr. CHASE was opposed to hasty action, for which
the Senate was not prepared. He had hastily read
the treaty. and to him it seemed to be an improve
ment upon the Burlingame treaty, at least in the
aggregate. He had not discovered that it ad con-
ferred any advantages the Chinese nation or sub
jects of that nation which they did now possess
under the Burlngame treaty.
Mr.. CHENEY said there certain humanitarian
bgoted element in the East that had always been
opposed to California on the Chinese question. He
thought il such resolution passed without
due deiiberation and careful examination, they
would be but giving proof to the charges made in
the East relative to the unthnking prejudice
against Chinese existing in California. He did not
know whether Senator Davis had intended to con-
vey the idea that the new treaty had left out the
words in the old treaty that nothing in it should
be construed to allow naturalization. If it did, it
had been done with deliberation. The speaker was
anti Chinese, and opposed to Chinese immigration,
but at the same time he thought that when Calfor.
mia took hasty and faulty action upon such qlles-
tion this, it brought upon her Just reproof from
her Eastern friends, and the oaly manner in which
she could hope to gain favor from the East was 10
treat that matter like sensible and reasonable beings
Mr.. CoSGER preferred the new treaty TO the old
because it gave full power to Congress to egislate
on the Chinese question He was in favor of re-
ferring the resolutions to the committee and thor
oughly investigating the subject before taking final
action.
Mr.. Hill also advocated the proposition of refer.
ring the resolutions to the committee. By so doing
they would save time. Hasty action upon so serious
subject would not, III his opinion, be advisable
Mr.. JOHNSON wished they would take action u oon
the resolutions Immediately He believed that, now
that the resolutions bad been introduced, they
would be telegraphed TO the East and all over this
Coast, and that if the Senate did not a1opt them
but referred them to committee, in his Judgment
it would go far toward breaking the force Of the
olutions, they having been int 0duced There being
now simply technical objection TO them, as he
understood it, they ought not to be recommitted
but ought be passed in order that their full force
and effect may not be broken at all This was not
new treaty, but simp modification OF the Bur
hngame treaty, and it said so in the treaty So
far regards the question Of naturalization he be-
lieyed in taking facts rather than theories The
facts existed that Chinese had been natIlraized with
the BUriingame treaty and the naturalization laws
that the Senator spoke of. They had been natural
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