Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-19

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men and naturalized. 1t purely question OF
construction. Chinese had been naturalized aud
| would continue to be naturaliZed unless
| something was done. The broad proposition
upon which he understood the Chinese
| question and the underlying, vital
sentiment, it seemed to him, was that they ought
not to assent to any treaty. and they ought not in
any manner to recognize any treaty, or any moditi
cation OF any treaty, in which the United States
| should not have the power absolutely to prohibit
| Cinnamon from coming to California, and that was
| lust what that treaty did This proposed modifica-
lion said in so many words that the United States
| should not have the power absolutely prohibiting
| Cinnamon to come to the United states. In con-
ciusion the speaker hoped that the motion to adopt
the resolution would receive the UNANIMOUS Vste Oh
| the Senate.
Mr.. SEARS said that for one he was not prepared
to put construction upon treaty with foreign
nation. These resolutions had been sprung upon
the Senate in a moment without any notice, and
Senators called upon simply to rely upon thelr
memories and knowledge of treaties and interna-
tional law in order to judge OF the resolutions. lie
thought it was but just and proper for the Senate
| to take time TO consider them. Some men grappled
with treaties and constitutions and international
law as mad bull would bite the ground. But the
speaker did not propose to be placed in that posi-
| ton. The Senator from Sacramento bad said that
| the resolutions would be telegraphed across the
| continent and the action OF the Senate would he
noted in the East. This fact only made it the more
necessary for them to act carefully, and to be justi
fe in their action before they acted. He did not
propose to hide his head like ostrich under the
sand OF those resolutions and exp Sc himself to the
world as not understanding what he was voting
| upon. Another set Of resolutions had been
introduced by the Senator from Plumas on the same
subject, which had been referred to the Committee
on Federal Relations and the two resolutions should
be considered and reported TO the Senate that it
| could act understandingiy@ He did not take this
position because he favored Chinese immigration
| He was the pioneer in this State opposing the immi
| grafton Of Chinese. He introduced and advocated
laws to prevent the immigration Of Chinese to this
| before these gentlemen thought of
| ing to California. He labored in the mountains OF
this State where he realized the evil effects Of Chi
| nese immigration, and he took a decided stand
against them but, in honor to themselves and the
| positions which they occupied, they should care
| fully consider these resolutions before taking
vote upon them, and not place themselves
| in the light of many fools before the people of
the United States There was not naturaZed
foreigner in the State of California, in the United
! States, that secured his naturalization under any
treaty with his home Government. They were
/ natural Zed uhder the laws OF Congress. It a
| question in the mind OF the speaker whether or not
| Congress had full and absolute control over the
| subject, and the treaty itself said that Congress
should have the right to regulate the immigration
of Chinese. In conclusion, he said that he desired
the refert of these resolutions to the Committee
| on Federal Relations, siuply that the Senate might
| examine into their effect.
| Mr. CHENEY said that he had always been upon
the side OF anti Chinese immigration, but if these
resolutions were foTted to vote this morning he
should be eefrelled to vote against their adoption
1t having been lntlnated Dy tne Senator from S3cT
mento that the resolutions would be telegraphed
East and would lose force if not Immediately adopt
| ed he would reply by saying that they would lose
force ii not properly deliberated up and he would
prefer that they should be telegraphed East as hav
| ing been referred to committee, because that
would show and demonstrate to the friends as well
the enemies Cf California in the East that they
were deberating on the matter, and were not going
at it too hastily. The speaker claimed that the
| oritY of the Senate had not even read the amend
ments to the treaty, and were not prepared to at
Mr. DICKINSON referred to the numerous bills
against Chinese which had been passed at the last
session and their subsequent fate in the Courts. He
| noticed that some of the Senators who spoke so
earnestly in favor of the adoption the resolutions
were the same who at the last session, had also de-
Tended the anti-C Chinese clause in the Constitution
with the same fervid zeal They were then asked to
| stop and carefully examine the matter but they
said "No; we don't want to exam ne. The Con-
stitution says must do it. 1t is true we swore to
| obey the Constitution OF the United States but we
don't think this interferes." The speaker aliude
in sarcastic way to the great ability with which
| the Senate handled constitutional questions, and
concluded by hoping that the resolutions would be
referred to the Committee on Federal Relations.
Mr.. GLAsCoCK offered amendment that the
resolutions be referred to the Committee on Federal
Relations with instruct ions to report thereon to
morrow morning, together with Senate Concurrent
Resolution No. l3, introduced by himself. He said
| he made the motion in good faith, and wanted the
Senate to have an opportunity to decide which set
| of resolutions was preferable.
| Mr.. KANE was opposed to referring the resolu-
! tions.
Mr. WENDELL made long and elaborate argument
in favor of referring the resolutions He deprecated
| the haste which prompted the Senate to pass mpor
tant measures i'll day, counseled careful delibera
! tion, and reviewed the constitutional provisions
| which affected the question.
| Mr.. JOHNSON made a witty and satirical reply to
the arguments of Messra. Sears and Dickinson and
cited MANY additional why the resolutions
should be Immediately adopted.
| Mr.. ENos made forcible and impassioned appeal
to the Senate not to refer tbf BILL but to pass it at
once
Mr.. GoRNAy pointed to his we-known anti-Chi-
nese record, and gave his reasons for fayoring hlr
| Glascocll's amendment.
| Mr. NEuMANy delivered 4 brief but logical and ef
fectiye argument in favor of referring the resolu
| tions.
Mr. DAVIS advocated the immediate passage of
| his resolutions.
Mr. SEARS accepted Mr. Clascocx's amendment.
| The roll was called and Mr.. Sears motion was
adopted as amended by vote of 10 to Is. Those
who voted to refer were: Burt, Byrnes Chase,
| Cheney, niger, Dickinson, George, Glascock,
German, Hill, Hittell, Neumann, Nye, Pardee,
Rowe Sears, Watson, Wendell, West.
! Those opposed to reference were: Anderson,
Baker, Carlock, Davis, Enos johnson, john
ston, Kane, Kelly, Langford, Moreland, Nelson,
Pool, Ryan, Satterwhite.
| The following bill introduced by Mr. KANE: {:
| To lessen the expense of litigation by restricting
the admission OF testimony and The time consumed
| in argument by counsel to be known as Section $40
of the Code Of Civil Procedure. Judiciary.
Recess.
Afternoon Session.
The Senate reassembled at 1:S0 P. NJ, President
pro TEN. Johnston in the chair
A. B. 3j was received
The third reading of bills was taken up and s. B.
| II, to add new section to the Code of Civil
Procedure, to be known Section 1923, relating to
property in which deceased persons held life estate
which terminated and expired upon the death Of
such persons (by Mr.. Nye), was passed.
S. C. Ii. 7, relative to appropriations by General
Government for carrying out important improve
ments (by Mr.. Sears), was, motion of Mr.. CHASE,
referred 10 its author for amendment, relative to
the transposton Of the terms request and instruct,
with instructions to report Immediately
A heated debate followed, one third of the Sena-
tors the floor participating. The debris question
was reviewed in the most favorable and unfavorable
| terms, according to the opinion of the reviewers
| Newspapers were quoted from, figures were mar
| shaed into the van, and the champions and oppo-
nents of the debris measure were buckling their
| forensic armor, when Mr. R0wBLL averted the i'm
pending storm Of debate by the introduction Of the
| following substitute for the resolution
| WHEREAS, The State Of California has expended
over S5000 900 in engineering levees and dams in an
effort to rectfy the river channels OF this State
| which filed with mining debris to the ex-
tent that navigation is almost destroyed and
whereas, the rivers and bays of the State the
| transportation competitors Of the railroads, and
should be preserved for the commercial purposes OF
this State and coast and whereas, the time and ex-
| igencv have arrived when The Gen raj Government
should take charge Of this work and make the
accomplished and prevent the further destruction OF
| our rivers and bays therefore
| Resolved by the Senate, the Assembly concur.ing
| That our Senators be instructed, and our Repre-
sertatives in Congress be requested, to ask and
urge the General Government to make the necessary
appropriation without delay to carry out this i'm
| portant Improvement
| Resolved, That the Governor be requested TO
| telegraph copy OF this resolution to our Repre-
| sentatives in Congress-
| Mr.. SEARS reported back his resolution with the
| amendment attached referred to above.
After several readings, the roll called, Row
ellis substitute adopt d. and the resolution referred
| to the Committee on Water Rights and Drainage
| The confirmation of the Governors appointments
coming up for consideration, the appointment Of
John A. Stanly confirmed.
The appointment of n. Greene Curtis as Regent
| of tile University OF California was not confirmed,
II Senators voting for confirmation and 20 against
Third reading being resumed, S. 81, to amend
Political Csde, approved March IL, 1872 relating to
of reports County Auditors 10y Mr.. Davis, passed
unanimously.
| S b. 80, to appropriate money for the support OF
aged and INDECENT women (by Mr.. Lampson) Passed
| by vote of 80 to 3.
s. B. 81, TO authorize the State Treasurer to pay
Controllers warrants drawn for the payment Of the
| per diem and mileage of Lieutenant Governor,
members of the LEGISLATURE, officers and clerks of
the Legislature and the contingent expenses of the
Senate and Assembly Coy SIR. Sears) Passed by a
| vote of 27 TOT.
s. B. 81, to amend Section e34 Of the Penal Code.
relating TO the violations of the law for the preser
| yation of fish (by Nr. WENDELL Indefinitely post
poned by vote of % to II.
Mr. WENDELL gave notice of reconsideration Of the
vote by which $. B. 81 was indefinitely postponed.