Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-01-28
A BIT OF HISTORY.
d. Mcsi. Shafter and S. NJ. Wilson in
Favor of the Anti Chinese Section2

Favor of the Anti Chinese Section?
EDS. RECORD UNION: Justice to two of
the most eminent lawyers in the State
seems to require correction of the state
ment made by Hon. Grove L. johnson.
that Hons. j. Mem. Shafter and S. M. Will
son supported Section 4, Article XIX. of
the State Constitution, relating to the Chi
nese. 1t is literally true that they did, on
one occasion, vote for that section; but it is
entirely clear that they so voted mad
vertently, and directly against their we'll
known views, publicly and frequently ex-
pressed on the floor of the Convention.
both before and after that occasion.
The discussion of the proposed article
on Chinese commenced on the 9th of De
cember, 1873. Proceedings of Convention.
vol. l. page 62S.) During that discussion
Mr.. Shatter and Mr.. Wilson each made an
exhaustive argument against the article, ON
the ground that the attempt to prohibit
the immigration and residence of the Chi
nese to and in California was in conflict
with the laws and treaties of the General
Government and the Constitution of the
United States. Mr.. Skaters argument can
be found, commencing on page 673, and
that OF Mr.. Wilson commencing on page
6Sl, volume 2. Several proposed sections
OF the article We're stricken out at that
time.
The article was finally before the Con-
yentlon on the Goth of February, 1879. IT
had then been reduced to six sections
Section 6 being the same as the present
Section of the Constitution Page .42S,
vol. 81 After considerable debate, Sections
4 and We're stricken out During that
debate Mr.. Shafter said, among other
things, as follows: THE first section
L have no particular objection to, be-
| cause it applies to all alike; but, as to the
others, they are in conflict with Federal
laws and the Federal Constitution. have
taken an oath, over and over again, to sup
port that Constitution, and am not going
TO violate it, page Laps, VOL 81
After Sections and 5 had been stricken
out, the previous question was carried. and
without further discussion a vote was
takens on adopting the article thus amended
! as whole, and on this vote the two gem
tlemen named stand recorded in the affirm
alive. But from what followed it is clear
that they supposed that all the objection
able matter had been stricken ont. for on
the same day Mr.. Wilson gave notice of a
motion to reconsider, and on the next dav
he made the motion, accompanying it with
a speech, of which the following are the
opening sentences:
Mr.. President; move, in accordance
with notice, to reconsider the vote by which
the article on Chinese was adopted yester-
day. | would say in reference to that, Mr..
| President, that we proceeded yesterday with
a very considerable amount of haste in tbe
adoption of some of this article. Section 4.
and Section after some discussion-were
stricken out. After that, believe, the pre-
vlous question was moved, and the article.
with the section as amended, was adopted.
Section IS somewhat long and somewhat
involved, and ii did not strike me with the
same force that it has since upon consider
alton of it. Now, the last clause of Section
is decidedly in violation of the Constitu-
ton of the United States, and my object in
moving consideration is that l may make
motion TO strike out the last clause of Sec
ton 6, etc. page l. 435, vol 81
On this motion Mr.. Shafter made a
speech, commencing as follows "Mr.
President, voted in favor of this article
but hope that the motion to reconsider
Will prevail, in order to remove the remain
ing objections to this section. There are
evidently gentlemen here who do not scru-
pie to violate the Constitution of the United
States. / think it would be more proper to
preserve our duties to that Government"
Further on he says: - You may under
take to put such provision in YOUR Con-
stitutiOn; but when you violate the Consti-
tuition of the United States, and violate the
moral sense of the people, they will trample
your Constitution in the dirt 5
You are advocating secession in direct
terms. You are defying the law of Con-
gress and the Constitution of the country,
and this country will never submit TO it,
pages 1876, 1,437, vol. 81
Both these gentlemen strongly declared
themselves as opposed to Chinese immigra-
ton, and in favor of every constitutional
measure against it. LEGIs.