History of Anti-Chinese Legislation

History of Anti-History of Anti-Chinese LegislationChinese Legislation

Foreign-Born Groups in Foreign-Born Groups in California,California,

Sucheng Chan, “A People of Exceptional Character”Sucheng Chan, “A People of Exceptional Character”

NationalitNationalityy

18501850 18601860 18701870

ChineseChinese 660660 34,93534,935 48,79048,790

EnglishEnglish 3,0503,050 12,22712,227 19,20219,202

FrenchFrench 1,5461,546 8,4628,462 8,0638,063

GermanGerman 2,9262,926 21,64621,646 29,69929,699

IrishIrish 2,4522,452 33,14733,147 54,42154,421

ItalianItalian 228228 2,8052,805 4,6604,660

MexicanMexican 6,4546,454 9,1509,150 8,9788,978

Governor Bigler, 1852Governor Bigler, 1852 [I]n order to enhance [I]n order to enhance

the prosperity and to the prosperity and to preserve the tranquility preserve the tranquility of the State, measures of the State, measures must be adopted to must be adopted to check this tide of Asiatic check this tide of Asiatic immigration, and immigration, and prevent the exportation prevent the exportation by them of the precious by them of the precious metals which they dig metals which they dig up from our soil without up from our soil without charge, and without charge, and without assuming any of the assuming any of the obligations imposed obligations imposed upon citizens. upon citizens.

Governor BiglerGovernor Bigler

Let us consider the Let us consider the vile coolies, who vile coolies, who like craven beasts like craven beasts work the work the goldmines only to goldmines only to return to their return to their native land and native land and bring no profit to bring no profit to our state. our state.

Theodore Hittell,Theodore Hittell,History of California (1897)History of California (1897)

Foreign Miner’s Tax Foreign Miner’s Tax In 1850, California In 1850, California

state legislature state legislature passed the first passed the first Foreign Miners' Tax Foreign Miners' Tax Law, levying a $20-Law, levying a $20-per-month tax on each per-month tax on each foreigner engaged in foreigner engaged in mining.mining.

Many foreign miners Many foreign miners refused to pay the tax refused to pay the tax and left the country. and left the country.

The tax was repealed The tax was repealed in 1851in 1851

A $4 tax was passed in A $4 tax was passed in 1852 1852

Foreign Miner’s Tax (1853)Foreign Miner’s Tax (1853) Section 1. That from and after the

passage of this Act, no person, not being a citizen of the United States (California Indians excepted) shall be allowed to take gold from the mines of this State, unless he shall have a license therefor, as hereafter provided. . . .

Foreign Miner’s Tax (1853)Foreign Miner’s Tax (1853)

Section 6. The amount to be paid for each license shall be at the rate of four dollars per month, and said license shall in no case be transferable.

What is $4 in 1853 worth What is $4 in 1853 worth now?now?

By the 21By the 21stst Century , $4.00 from 1853 Century , $4.00 from 1853 was worth:was worth:– $94.65 (using the Consumer Price $94.65 (using the Consumer Price

Index)Index)– $1,234.33 (using the GDP per $1,234.33 (using the GDP per

capita)capita)– $14,355.75 (using the relative $14,355.75 (using the relative

share of GDP)share of GDP)

Foreign Miner’s Tax (1853)Foreign Miner’s Tax (1853) All foreigners residing in the mining

districts of this State shall be considered miners under the provisions of this Act, unless they are directly engaged in some other lawful business avocation.

Tax Collecting:Tax Collecting:Diary of Charles De Young, Oct. 23, Diary of Charles De Young, Oct. 23,

18551855 Started with Dick Wade and Bob Started with Dick Wade and Bob

Moulthrop collecting: supper at Moulthrop collecting: supper at Hesse’s Crossing went down the Hesse’s Crossing went down the river in the night collected all the river in the night collected all the way had a great time, Chinamen way had a great time, Chinamen tails cut off.tails cut off.

California Tax CollectorsCalifornia Tax CollectorsQuoted in Chang, The Chinese in Quoted in Chang, The Chinese in

AmericaAmerica ““I had no money to keep Christmas I had no money to keep Christmas

with, so sold the chinks nine dollars with, so sold the chinks nine dollars worth of bogus receipts.”worth of bogus receipts.”

““I was sorry to have to stab the poor I was sorry to have to stab the poor fellow but the law makes it necessary fellow but the law makes it necessary to collect tax, and that’s where I get to collect tax, and that’s where I get my profit.”my profit.”

Ex Parte Ah PongEx Parte Ah Pong19 Cal. 106 (1861)19 Cal. 106 (1861)

The mere fact that the petitioner was a The mere fact that the petitioner was a Chinaman residing in a mining district, Chinaman residing in a mining district, does not subject him to the foreign miners' does not subject him to the foreign miners' tax. If the act is to be construed as tax. If the act is to be construed as imposing this tax, it cannot be supported, imposing this tax, it cannot be supported, any more than could a law be sustained any more than could a law be sustained which imposed upon every man residing in which imposed upon every man residing in a given section of the State a license as a a given section of the State a license as a merchant, whatever his occupation.merchant, whatever his occupation.

An Act to Discourage Immigration of An Act to Discourage Immigration of Persons who Cannot Become Citizens Persons who Cannot Become Citizens (1855)(1855) Section 1. The master, owner, or Section 1. The master, owner, or

consignee of any vessel, arriving in consignee of any vessel, arriving in any of the ports of this State from any any of the ports of this State from any foreign State, country, or territory, foreign State, country, or territory, having on board any persons who are having on board any persons who are incompetent by the laws of the United incompetent by the laws of the United States or the laws and constitution of States or the laws and constitution of this State to become citizens thereof this State to become citizens thereof are hereby required to pay a tax, for are hereby required to pay a tax, for each such person, of fifty dollars.each such person, of fifty dollars.

People v. DownerPeople v. Downer,,7 Cal. 169 (1857)7 Cal. 169 (1857)

State sued the owners of the ship State sued the owners of the ship “Stephen Baldwin,” to recover the sum of “Stephen Baldwin,” to recover the sum of twelve thousand seven hundred and fifty twelve thousand seven hundred and fifty dollars, passenger tax on two hundred and dollars, passenger tax on two hundred and fifty Chinese passengers, brought on that fifty Chinese passengers, brought on that ship from Hong Kong, under the provisions ship from Hong Kong, under the provisions of the Act of April 28, 1855. of the Act of April 28, 1855.

Defendants demurred, and the trial court Defendants demurred, and the trial court sustained the demurrer.sustained the demurrer.

People v. DownerPeople v. Downer,,7 Cal. 169 (1857)7 Cal. 169 (1857)

The question arising in this case was fully The question arising in this case was fully considered and settled in “the Passengers considered and settled in “the Passengers Cases,” 7 Howard, by the Supreme Court Cases,” 7 Howard, by the Supreme Court of the United States. . . . Where a question of the United States. . . . Where a question can only be argued upon refined can only be argued upon refined distinctions, when once settled, it ought to distinctions, when once settled, it ought to remain settled.remain settled.

We, therefore, decide that the Act of this We, therefore, decide that the Act of this State, laying a tax of fifty dollars each on State, laying a tax of fifty dollars each on Chinese passengers, is invalid and void. Chinese passengers, is invalid and void.

An Act to Prevent the Further An Act to Prevent the Further Immigration of Chinese or Mongolians Immigration of Chinese or Mongolians (1858)(1858) [A]ny person, or persons, of the Chinese [A]ny person, or persons, of the Chinese

or Mongolian races, shall not be or Mongolian races, shall not be permitted to enter this State, … and it permitted to enter this State, … and it shall be unlawful for any man …to shall be unlawful for any man …to knowingly allow …, any Chinese or knowingly allow …, any Chinese or Mongolian, … to enter any … place, …Mongolian, … to enter any … place, …within the border of this State, and any within the border of this State, and any person … violating any of the provisions person … violating any of the provisions of this Act, shall be held and deemed of this Act, shall be held and deemed guilty of a misdemeanor, guilty of a misdemeanor,

An Act to Prevent the Further An Act to Prevent the Further Immigration of Chinese or Mongolians Immigration of Chinese or Mongolians (1858)(1858) … … and upon conviction thereof shall be and upon conviction thereof shall be

subject to a fine in any sum not less subject to a fine in any sum not less than four hundred dollars, nor more than four hundred dollars, nor more than six hundred dollars, for each and than six hundred dollars, for each and every offense, or imprisonment in the every offense, or imprisonment in the County Jail of the County in which the County Jail of the County in which the said offense was committed, for a said offense was committed, for a period of not less than three months, period of not less than three months, nor more than one year, or by both nor more than one year, or by both such fine and imprisonment.such fine and imprisonment.

The Fate of the 1858 ActThe Fate of the 1858 Act

““The bill was duly enacted into law The bill was duly enacted into law but was struck down by the California but was struck down by the California Supreme Court in an unpublished Supreme Court in an unpublished opinion when the first attempt to opinion when the first attempt to enforce it was made.enforce it was made.– McClain, “California’s First Anti-Chinese McClain, “California’s First Anti-Chinese

Laws” Laws”

An Act to Protect Free White Labor An Act to Protect Free White Labor (1862)(1862)

Sec 1. There is hereby levied on each person, Sec 1. There is hereby levied on each person, male and female, of the Mongolian race, of male and female, of the Mongolian race, of the age of eighteen years and upwards, the age of eighteen years and upwards, residing in this State, except such as shall, residing in this State, except such as shall, under laws now existing, or which may under laws now existing, or which may hereafter be enacted, take out licenses to hereafter be enacted, take out licenses to work in the mines, or to prosecute some kind work in the mines, or to prosecute some kind of business, a monthly capitation tax of two of business, a monthly capitation tax of two dollars and fifty cents, which tax shall be dollars and fifty cents, which tax shall be known as the Chinese Police Tax; provided, known as the Chinese Police Tax; provided, That all Mongolians exclusively engaged in That all Mongolians exclusively engaged in the production and manufacture of the the production and manufacture of the following articles shall be exempt from the following articles shall be exempt from the provisions of this Act, viz: sugar, rice, coffee, provisions of this Act, viz: sugar, rice, coffee, tea. tea.


Sec. 4 The Collector shall collect the Sec. 4 The Collector shall collect the Chinese police tax, … from all persons Chinese police tax, … from all persons liable to pay the same, and may seize liable to pay the same, and may seize the personal property of any such the personal property of any such person refusing to pay such tax, and sell person refusing to pay such tax, and sell the same at public auction, by giving the same at public auction, by giving notice by proclamation one hour notice by proclamation one hour previous to such sale; and shall deliver previous to such sale; and shall deliver the property, together with a bill of sale the property, together with a bill of sale thereof, to the person agreeing to pay, thereof, to the person agreeing to pay, and paying, the highest thereof, which and paying, the highest thereof, which delivery and bill of sale shall transfer to delivery and bill of sale shall transfer to such person a good and sufficient title to such person a good and sufficient title to the property. the property.


And after deducing the tax and And after deducing the tax and necessary expenses incurred by necessary expenses incurred by reason of such refusal, seizure, reason of such refusal, seizure, and sale of property, the and sale of property, the Collector shall return the surplus Collector shall return the surplus of the proceeds of the sale, if of the proceeds of the sale, if any, . . .any, . . .


Sec. 7. Any person or company who Sec. 7. Any person or company who shall hire persons liable to pay the shall hire persons liable to pay the Chinese police tax shall be held Chinese police tax shall be held responsible for the payment of the responsible for the payment of the tax due from each person so hired; tax due from each person so hired; and no employer shall be released and no employer shall be released from this liability on the ground that from this liability on the ground that the employee in indebted to him (the the employee in indebted to him (the employer), and the Collector may employer), and the Collector may proceed against any such employer in proceed against any such employer in the same manner as he might against the same manner as he might against the original party owing the taxes. the original party owing the taxes.

Lin Sing v. Washburn, Lin Sing v. Washburn, 20 Cal. 534 20 Cal. 534 (1862)(1862)

It must be admitted that the act before us is a It must be admitted that the act before us is a measure of special and extreme hostility to the measure of special and extreme hostility to the Chinese, and that the power asserted in its Chinese, and that the power asserted in its passage is the right of the State to prescribe the passage is the right of the State to prescribe the terms upon which they shall be permitted to terms upon which they shall be permitted to reside in it. This right, if carried to the extent to reside in it. This right, if carried to the extent to which it may be carried if the power exists, may which it may be carried if the power exists, may be so used as to cut off all intercourse between be so used as to cut off all intercourse between them and the people of the State, and obstruct them and the people of the State, and obstruct and block up the channels of commerce, laying and block up the channels of commerce, laying an embargo upon trade, and defeating the an embargo upon trade, and defeating the commercial policy of the nation. The act is commercial policy of the nation. The act is sought to be maintained as a police regulation; sought to be maintained as a police regulation; but this branch of the police power has been but this branch of the police power has been surrendered to the government as a part of the surrendered to the government as a part of the power to regulate commerce, and its exercise by power to regulate commerce, and its exercise by a State is incompatible with the authority of the a State is incompatible with the authority of the government. government.

Lin Sing v. Washburn,Lin Sing v. Washburn, 20 Cal. 534 20 Cal. 534 (1862)(1862) We may dismiss from the case the question of We may dismiss from the case the question of

the power of the States to exclude obnoxious the power of the States to exclude obnoxious persons, such as paupers and fugitives from persons, such as paupers and fugitives from justice, for it nowhere appears that the justice, for it nowhere appears that the Chinese as a class are of that description; nor Chinese as a class are of that description; nor does the act pretend to deal with them as does the act pretend to deal with them as such. . . . That they may be taxed as other such. . . . That they may be taxed as other residents is not disputed, but that they may be residents is not disputed, but that they may be set apart as special subjects of taxation, and set apart as special subjects of taxation, and be compelled to contribute to the revenue of be compelled to contribute to the revenue of the State in their character of foreigners, is a the State in their character of foreigners, is a proposition which cannot be maintained. If this proposition which cannot be maintained. If this may be done, there is no restriction upon the may be done, there is no restriction upon the power that does it, and a tax may be imposed power that does it, and a tax may be imposed which no human industry can pay, precluding which no human industry can pay, precluding all intercourse, and making it as impossible as all intercourse, and making it as impossible as if it were positively prohibited. if it were positively prohibited.

An Act to Prevent the Importation An Act to Prevent the Importation of Chinese Criminals and to of Chinese Criminals and to Prevent the Establishment of Prevent the Establishment of Coolie Slavery (1870)Coolie Slavery (1870)

Whereas, Criminals and malefactors are Whereas, Criminals and malefactors are being constantly imported from Chinese being constantly imported from Chinese seaports, whose depredations upon property seaports, whose depredations upon property entail burdensome expense upon the entail burdensome expense upon the administration of criminal justice in this administration of criminal justice in this State; and whereas, by the importation of State; and whereas, by the importation of such persons a species of slavery is such persons a species of slavery is established and maintained which is established and maintained which is degrading to the laborer and at war with the degrading to the laborer and at war with the spirit of the age; now, therefore, in the spirit of the age; now, therefore, in the exercise of the police powers appertaining to exercise of the police powers appertaining to this State, ...this State, ...


Section 1. [It’s unlawful] to bring or to land Section 1. [It’s unlawful] to bring or to land from any ship, boat or vessel, into this State, from any ship, boat or vessel, into this State, any Chinese or Mongolian, born either in the any Chinese or Mongolian, born either in the Empire of China or Japan, or in any of the Empire of China or Japan, or in any of the islands adjacent to the Empire of China, islands adjacent to the Empire of China, without first presenting to the Commissioner of without first presenting to the Commissioner of Immigration evidence satisfactory to him that Immigration evidence satisfactory to him that such Chinaman or Mongolian desires such Chinaman or Mongolian desires voluntarily to come into this State, and is a voluntarily to come into this State, and is a person of correct habits and good character, person of correct habits and good character, and thereupon obtaining from such and thereupon obtaining from such Commissioner of Immigration a license or Commissioner of Immigration a license or permit, …permit, …


Sec. 2. Any master, officer, owner or part Sec. 2. Any master, officer, owner or part owner of any steamship, sailing or other owner of any steamship, sailing or other vessel, or any other person, violating any of vessel, or any other person, violating any of the provisions of this Act, or assisting in such the provisions of this Act, or assisting in such violation, shall be deemed guilty of a violation, shall be deemed guilty of a misdemeanor, and shall be punished by a misdemeanor, and shall be punished by a fine of not less than one thousand dollars nor fine of not less than one thousand dollars nor more than five thousand dollars, or by more than five thousand dollars, or by imprisonment for a term of not less than two imprisonment for a term of not less than two nor more than twelve months, or by both nor more than twelve months, or by both such fine and imprisonment such fine and imprisonment

An Act to Prevent the Importation An Act to Prevent the Importation of Mongolian, Chinese, and of Mongolian, Chinese, and Japanese Females (1870)Japanese Females (1870)

Whereas, The business of importing into this Whereas, The business of importing into this State Chinese women for criminal and State Chinese women for criminal and demoralizing purposes has been carried on demoralizing purposes has been carried on extensively during the past year, to the extensively during the past year, to the scandal and injury of the people of this State, scandal and injury of the people of this State, and in defiance of public decency; and and in defiance of public decency; and whereas, many of the class referred to are whereas, many of the class referred to are kidnapped in China, and deported at a tender kidnapped in China, and deported at a tender age, without their consent and against their age, without their consent and against their will; therefore, in exercise of the police power will; therefore, in exercise of the police power appertaining to every State of the Union, for appertaining to every State of the Union, for the purpose of remedying the evils above the purpose of remedying the evils above referred to and preventing further wrongs of referred to and preventing further wrongs of the same character . . .the same character . . .


Section 1. It shall not be lawful, from and Section 1. It shall not be lawful, from and after the time when this Act takes effect, to after the time when this Act takes effect, to bring, or land from any ship, boat, or vessel, bring, or land from any ship, boat, or vessel, into this State, any Mongolian, Chinese, or into this State, any Mongolian, Chinese, or Japanese females, born either in the Empire Japanese females, born either in the Empire of China or Japan, or in any of the islands of China or Japan, or in any of the islands adjacent to the Empire of China, without adjacent to the Empire of China, without first presenting to the Commissioner of first presenting to the Commissioner of Immigration evidence satisfactory to him Immigration evidence satisfactory to him that such female desires voluntarily to that such female desires voluntarily to come into this State, and is a person of come into this State, and is a person of correct habits and good character …correct habits and good character …


Sec. 2. Any master, officer, owner or part Sec. 2. Any master, officer, owner or part owner of any steamship, sailing or other owner of any steamship, sailing or other vessel, or any other person violating any of vessel, or any other person violating any of the provisions of this Act, shall be deemed the provisions of this Act, shall be deemed guilty of a misdemeanor, and shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one punished by a fine of not less than one thousand dollars nor more than five thousand dollars nor more than five thousand dollars, or imprisonment for a thousand dollars, or imprisonment for a term not less than two nor more than term not less than two nor more than twelve months, or by both such fine and twelve months, or by both such fine and imprisonment.imprisonment.


Sec. 3. Every individual person of the Sec. 3. Every individual person of the class hereinbefore referred to, class hereinbefore referred to, transported into this State contrary to transported into this State contrary to the provisions of this Act, shall render the provisions of this Act, shall render the person so transporting liable to a the person so transporting liable to a separate prosecution and penalty, and separate prosecution and penalty, and the transportation of each one as the transportation of each one as aforesaid shall create a separate and aforesaid shall create a separate and distinct offense, and render the person distinct offense, and render the person offending liable to the pains and offending liable to the pains and penalties herein provided.penalties herein provided.

California Constitution, California Constitution, Art. XIX, Sec. 1 (1879)Art. XIX, Sec. 1 (1879)

Section 1. The Legislature shall prescribe all Section 1. The Legislature shall prescribe all necessary regulations for the protection of necessary regulations for the protection of the State, and the counties, cities, and towns the State, and the counties, cities, and towns thereof, from the burdens and evils arising thereof, from the burdens and evils arising from the presence of aliens who are or may from the presence of aliens who are or may become vagrants, paupers, mendicants, become vagrants, paupers, mendicants, criminals, or invalids afflicted with criminals, or invalids afflicted with contagious or infectious diseases, and from contagious or infectious diseases, and from aliens otherwise dangerous or detrimental to aliens otherwise dangerous or detrimental to the well-being or peace of the State, and to the well-being or peace of the State, and to impose conditions upon which persons may impose conditions upon which persons may reside in the reside in the State, State,


No corporation now existing or No corporation now existing or hereafter formed under the laws of hereafter formed under the laws of this State, shall, after the adoption of this State, shall, after the adoption of this Constitution, employ directly or this Constitution, employ directly or indirectly, in any capacity, any indirectly, in any capacity, any Chinese or Mongolian. Chinese or Mongolian.


No Chinese shall be employed on any No Chinese shall be employed on any State, county, municipal, or other State, county, municipal, or other public work, except in punishment public work, except in punishment for crime.for crime.


The presence of foreigners ineligible to The presence of foreigners ineligible to become citizens of the United States is become citizens of the United States is declared to be dangerous to the well-being declared to be dangerous to the well-being of the State, and the Legislature shall of the State, and the Legislature shall discourage their immigration by all the discourage their immigration by all the means within its power. Asiatic coolieism is means within its power. Asiatic coolieism is a form of human slavery, and is forever a form of human slavery, and is forever prohibited in this State, and all contracts for prohibited in this State, and all contracts for coolie labor shall be void. All companies or coolie labor shall be void. All companies or corporations, whether formed in this country corporations, whether formed in this country or any foreign country, for the importation of or any foreign country, for the importation of such labor, shall be subject to such penalties such labor, shall be subject to such penalties as the Legislature may prescribe. as the Legislature may prescribe.

United States Constitution and United States Constitution and ImmigrationImmigration Art. I, sec. 8Art. I, sec. 8 The Congress shall have The Congress shall have

Power . . . To establish an uniform Rule of Power . . . To establish an uniform Rule of Naturalization. . . .Naturalization. . . .

Art. I, sec. 9Art. I, sec. 9 The Migration or The Migration or Importation of such Persons as any of the Importation of such Persons as any of the States now existing shall think proper to States now existing shall think proper to admit, shall not be prohibited by the admit, shall not be prohibited by the Congress prior to the Year one thousand Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty eight hundred and eight, but a Tax or duty may be imposed on such Importation, not may be imposed on such Importation, not exceeding ten dollars for each Person. exceeding ten dollars for each Person.


The Legislature shall delegate all The Legislature shall delegate all necessary power to the incorporated necessary power to the incorporated cities and towns of this State for the cities and towns of this State for the removal of Chinese without the limits of removal of Chinese without the limits of such cities and towns, or for their such cities and towns, or for their location within prescribed portions of location within prescribed portions of those limits, and it shall also provide those limits, and it shall also provide the necessary legislation to prohibit the the necessary legislation to prohibit the introduction into this State of Chinese introduction into this State of Chinese after the adoption of this Constitution. after the adoption of this Constitution.

The Know-Nothing Judges of The Know-Nothing Judges of the California Supreme Courtthe California Supreme Court

The Know-Nothing Judges of The Know-Nothing Judges of the California Supreme Courtthe California Supreme Court

People v. Hall People v. Hall (1854)(1854) The 394th section of the Act Concerning The 394th section of the Act Concerning

Civil Cases, provides that no Indian or Civil Cases, provides that no Indian or Negro shall be allowed to testify as a Negro shall be allowed to testify as a witness in any action or proceeding in witness in any action or proceeding in which a White person is a party.which a White person is a party.

The 14th section of the Act of April 16th, The 14th section of the Act of April 16th, 1850, regulating Criminal Proceedings, 1850, regulating Criminal Proceedings, provides that “No Black, or Mulatto person, provides that “No Black, or Mulatto person, or Indian, shall be allowed to give or Indian, shall be allowed to give evidence in favor of, or against a white evidence in favor of, or against a white man.” man.”

People v. Hall People v. Hall (1854)(1854) Why are Chinese to be considered Why are Chinese to be considered

“Indians”?“Indians”? When Columbus first landed upon the When Columbus first landed upon the

shores of this continent, in his attempt to shores of this continent, in his attempt to discover a western passage to the Indies, discover a western passage to the Indies, he imagined that he had accomplished the he imagined that he had accomplished the object of his expedition, and that the object of his expedition, and that the Island of San Salvador was one of those Island of San Salvador was one of those Islands of the Chinese sea, lying near the Islands of the Chinese sea, lying near the extremity of India, which had been extremity of India, which had been described by navigators. described by navigators.

People v. Hall People v. Hall (1854)(1854) When Columbus first landed upon When Columbus first landed upon

the shores of this continent, in his the shores of this continent, in his attempt to discover a western attempt to discover a western passage to the Indies, he imagined passage to the Indies, he imagined that he had accomplished the object that he had accomplished the object of his expedition, and that the Island of his expedition, and that the Island of San Salvador was one of those of San Salvador was one of those Islands of the Chinese sea, lying near Islands of the Chinese sea, lying near the extremity of India, which had the extremity of India, which had been described by navigators. been described by navigators.

People v. Hall People v. Hall (1854)(1854) Ethnology, at that time, was unknown Ethnology, at that time, was unknown

as a distinct science, or if known, had as a distinct science, or if known, had not reached that high point of not reached that high point of perfection which it has since attained perfection which it has since attained by the scientific inquiries and by the scientific inquiries and discoveries of the master minds of the discoveries of the master minds of the last half century. Few speculations had last half century. Few speculations had been made with regard to the moral or been made with regard to the moral or physical differences between the physical differences between the different races of mankind. different races of mankind.

People v. Hall People v. Hall (1854)(1854) The general, or perhaps universal The general, or perhaps universal

opinion of that day was, that there opinion of that day was, that there were but three distinct types of the were but three distinct types of the human species, which, in their turn, human species, which, in their turn, were subdivided into varieties or were subdivided into varieties or tribes. This opinion is still held by tribes. This opinion is still held by many scientific writers, and is many scientific writers, and is supported by Cuvier, one of the most supported by Cuvier, one of the most eminent naturalists of modern times. eminent naturalists of modern times.

People v. Hall People v. Hall (1854)(1854) The word “Black” may include all Negroes, but the The word “Black” may include all Negroes, but the

term “Negro” does not include all Black persons. By term “Negro” does not include all Black persons. By the use of this term in this connection, we the use of this term in this connection, we understand it to mean the opposite of “White,” and understand it to mean the opposite of “White,” and that it should be taken as contradistinguished from that it should be taken as contradistinguished from all White persons.all White persons.In using the words, “No Black, or Mulatto person, or In using the words, “No Black, or Mulatto person, or Indian shall be allowed to give evidence for or Indian shall be allowed to give evidence for or against a White person,” the Legislature, if any against a White person,” the Legislature, if any intention can be ascribed to it, adopted the most intention can be ascribed to it, adopted the most comprehensive terms to embrace every known class comprehensive terms to embrace every known class or shade of color, as the apparent design was to or shade of color, as the apparent design was to protect the White person from the influence of all protect the White person from the influence of all testimony other than that of persons of the same testimony other than that of persons of the same caste. The use of these terms must, by every sound caste. The use of these terms must, by every sound rule of construction, exclude every one who is not of rule of construction, exclude every one who is not of white blood. white blood.

People v. Hall People v. Hall (1854)(1854) We are of the opinion that the words We are of the opinion that the words

“White,” “Negro,” “"Mulatto,” “Indian,” “White,” “Negro,” “"Mulatto,” “Indian,” and “Black person,” wherever they and “Black person,” wherever they occur in our Constitution and laws, occur in our Constitution and laws, must be taken in their generic sense, must be taken in their generic sense, and that, even admitting the Indian of and that, even admitting the Indian of this Continent is not of the Mongolian this Continent is not of the Mongolian type, that the words “Black person,” in type, that the words “Black person,” in the 14th section must be taken as the 14th section must be taken as contradistinguished from White, and contradistinguished from White, and necessarily excludes all races other necessarily excludes all races other than the Caucasian. than the Caucasian.

People v. Hall People v. Hall (1854)(1854) The anomalous spectacle of a distinct people, The anomalous spectacle of a distinct people,

living in our community, recognizing no laws of living in our community, recognizing no laws of this State except through necessity, bringing this State except through necessity, bringing with them their prejudices and national feuds, with them their prejudices and national feuds, in which they indulge in open violation of law; in which they indulge in open violation of law; whose mendacity is proverbial; a race of people whose mendacity is proverbial; a race of people whom nature has marked as inferior, and who whom nature has marked as inferior, and who are incapable of progress or intellectual are incapable of progress or intellectual development beyond a certain point, as their development beyond a certain point, as their history has shown; differing in language, history has shown; differing in language, opinions, color, and physical conformation; opinions, color, and physical conformation; between whom and ourselves nature has between whom and ourselves nature has placed an impassable difference, is now placed an impassable difference, is now presented, and for them is claimed, not only the presented, and for them is claimed, not only the right to swear away the life of a citizen, but the right to swear away the life of a citizen, but the further privilege of participating with us in further privilege of participating with us in administering the affairs of our Government. administering the affairs of our Government.

Documents

History of Anti-Chinese Legislation