Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-01-25

II troduced one of these resolutions suppose it
/ DC proper tor me to say something in regard to
and | am sglad of the privilege OF stating 10 til
: senate the reasons why am in favor OF these res
n lutions; why do not think they are too radici
8 But, IN view of the feelings OF few Senator's Q
this floor, beg leave to offer the following arent
! nients to the resolutions Amend preamble b
t striking out from lines seven and eight, printe
S copy, the words: ''Thus conferring upon them tn
rights OF naturalization and citizenship" AlgC
! amend hrst resolution by striking oGt the wor
, the, IN line five, after the word "prohibit," an
insert In lieu thereof the words any clsiIn to-
) The resolutions will then read as follows
Whereas, The treaty recently concluded betweel
the United States Government and the Government
OF China is now before the United States Senate TO
its rat fcaton and, whereas, said treaty provides
among other things that the Chinese now in thi
country, and all others that may be allowed to eon
here for any purpose are and shall be entitled al
the privileges, immunities and exemptions as ma,
be enjoyed by the citizens subjects of the mos
favored nations; and, whereas, the said treaty
further provides that it shall not be competent fo
the Government OF the United States to prohibi
the immigration of the laboring classes OF said En-
pire to this country therefore,
| "Resolved by the Senate of the State of Caifor
mia, the Assembly concurring, That are unaltera
bly, opposed to the ratification of said provisions q
said treaty, and that respectfully urge and de
| mand, as are most to be affected by said provi
eions such amendments to said treaty as shall pos
itvely prohibit any claim to naturalization in thi:
country of any subject native of the Chinese EN-
| pire, and shall empower this Government to pro
hibt entirely the immigration to this country of any
| of the cooe or laboring classes OF China.
| Resolved, That our Senators in Congress are
hereby instructed, and our Representatives re-
| quested, to use all means within their power to
carry out the wishes of the people of this State
| herein expressed
"Resolved, That the Governor of this State be
and is hereby requested to transmit by telegraph
these resolutions to our said Senators and Repre-
sentatves."
| Now, to my mind, those amendments do not ma
eraly change the effect of the resolutions for that
reason am willing that the resolutions should be
adopted. As said yesterday, the resolutions as
| they now stand, meet my sentiments exactly Now,
Mr. President, it has been claimed upon this floor
that these resolutions are improper, because they
favor the idea that treaty may govern the natural
iZtion laws. 1t asserted here that only the Con-
gress Of the United States has the jurisdiction over
that question to who shall be naturalized OF
course one will dispute the legal proposition that
Co gress is the authority for determining that
Now so far as this treaty is concerned it NAV not
directly confer that right But to my mind treaty
| made
INDIRECTLY CoNFERs THE RIGHT OF NATURAL
IzATIoN,
And it is because so believe that am opposed to
it. Now, do not propose to state here why am
opposed TO the Chinese; why think it should not
be the policy Of the United States Government to
encourage these people to come here why they are
q bad element of society. | take the ground that
there is a unanimity upon that question. do not
know OF any Senator upon this hoor unless it be the
Senator from San francisco, Mr. Dickinson, who
thinks it would be wise policy to uaturalize the
Chinese in order that they might become portion
OF our population. With that exception, think
there is unanimity Of feeling on that subject.
Now, the question is, do these treaties-does the
Burlipgame treaty and the supplemental treaty con-
fer upon the Chinese, directly or indirectly, the
right to become citizens of the United States? That
is one of the questions embraced in this set of reso
l1tions. That this matter is STATED in tie reso-
lutions there is doubt, because the treaty does
| for the Government of the United States
| to entirely prohibit the coming to this
| country of the ole la ing class Of the
| Chinese population. Now, then, do these treaties
confer the right of naturalization? !? claim that
| they do ] stated the other day that there was
versy of OF inion upon tn questl N, both in the
East and California. So Tar my observation ex-
tends it is the general opinion in the East that this
supplemental treaty does confer upon these people
the right to become citizens OF the United States.
Some of the newspapers claim that it does not and
| others hold to the contrary doctrine. There was
read yesterday an editorial article from one of the
leading San Francisco papers, which takes the view
that the friends OF these resolutions take, and not
only holds that it coufers upon the Chinese now
here, but also upon those who may come into the
country hereafter the right to become citizens and
voters. That is the opinion of the San Francisco
Examiner, against the editorial opinions of the
San Francisco Post, quoted by Senator Sears the
other day.
Mr. Chase-Will the Senator from Yuba accept
the Examiner as authority
Mr.. Davis-I accept anybody as authority who
tells the truth. de not care whether it be Demo-
crat, Greenbacker or Republican paper. Now 1
wish to call the attention OF the Senators to some
provisions Of the Burlingame treaty and the point
which wish to make is this, that under the Bur-
lingame treaty Cinnamon have been naturazed
and have become citizens Of the United States 1t
has been held by the Courts of the United States
that the Chinese were entitled to naturalization.
That is
A QUESTION YOU CANNOT GET AROUND.
Whether it is under and by virture OF the Burlin-
game treaty not, do not care. The fact exists
that they do claim the right, an in some cases it
has been conferred upon them say ii, under the
Burlingame treaty, these people could claim this
! right then much easier, under this supplemental
treaty or under the amendments TO it, they
claim this right Much easier they claim this
right Now, then, tie portions.of the euriinsauic
treaty which wish to read will be found in Articles
and g. Article reads as follows
s.The United States of America and the Emperor
OF China cordially recognize the inherent and inalen
able right of man u change his home and ale
giancs Iwish Senators to mark that language. They
'scordialy recognize the inherent and inalienable
right of man to change his home and allegiance,
aud also the mui ual advantage OF free emigration
and immigration of their citizens and subjects re-
spectlvely from the one country to the other for
purposes of curiosity, OF trade or as permanent
residents
Mr.. Enos-wiIl the Senator allow me question?
Mr. Davis-Yes, sir.
Mr.. Enos-Can Congress, under the eXls ing treaty
which YOU now claim confers the right of natural
ization upsn Chinamen-can CoDgl ess, under the
power they have pass any law which shall be above
and superior to the treaty.
Mr. Davis-No, sir. l say there is no higher law
in this country than that expressed in this treaty
Mr. Euos-0ne more question. Isn't the legisa-
ton by Congress subject to the treaty?
Mr. Davis-UnG olbtedly; there is no question
about it. Now | wish Senators to weigh the Ian
p1Iage of this section. say, to my mind, it III
the mind of these penipotentiaries and in the mind
of the Senate when it ratified the Burfngame treaty
that these people coming from China to this country
might not only change their residence, but
MIGHT ALSO CHANGE THEIR ALLEGIANCE,
And they cannot change their allegiance unless they
chance their citizenship.
Mr Watson-I will ask the Senator in that con-
necton if the Burlingame treaty does not say that
nothing in the treaty shall be construed to confer
tbis rightq
Mr. Dayis-I am coming to that now Article
says Citizens of United States visiting or re-
siding IN China shall enjoy the same privileges i'm
m,Inifies and exemptions in respect to travel or
residence as nav there be eljoyed BY the citizens
anJ ,,kiac,s of the most favored nations and re-
onrncaliy Chinese subjects visiting or residing in
tba Tinted states shall enioy the same privileges
i,munties and exemptions in respect to travel and
ras;dance az NAV there be enioyed by the citizens
and subjects of the most favored atoms But
notbin, herein contained shall be held to confer
otraiizatiau non citizens Of the United States in
1,b;na nor mon subjects of China in the United
States
Wr Conqer-Do Won not consider this clause a
traSintfon of the other section where il saws The
two Governments recognize the right of their sub
iects to change their allegiancef