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$5000 or less than $100 or imprisonment for not more than twelve or less than two months.1

The disability to testify in courts imposed by the

law of 1850 and as interpreted by C.J. Murry, was removed by

the taking effect of the Revised Code in the year 1873, which allowed persons of all colors to appear as witnesses.2

It is not within the scope of this paper to treat

of Federal laws that were passed which affected the Chinese and all Oriental immigration, but some mention must be

made of some of the anti-Chinese legislation of Congress as it reflects the sentiment of the Californians to whose agitation is due largely the anti-Mongolian legislation of Congress. The Federal "Coolie Act" was passed in the year 1862.8 It prohibited the importation of Chinese criminals and Chi

nese women for immoral purposes, imposing heavy penalties on ship owners for violation of the law. In the minds of the Californians this law was not sufficient to protect them from the Oriental, and continual agitation was going on urging Congress to pass more stringent laws. The Memorial sent Congress by the Convention which drew up the new constitution in the year 1878 said the Chinese immigration "ap

1.

Statutes of Calif., Penal Code,1873, p.425

2. Civil Proceedure, p.493

3. United States Statutes 1362

proached the character of an Oriental invasion and was a

menace to our civilization".

The Senate appointed a commission to investigate the
This commission sat for

Chinese question in California.

eighteen days in the city of San Francisco taking evidence. In its report it favored strongly the anti-Chinese cause.1 This report with the sentiment which was being continually aroused by the labor element, resulted in the restriction law passed by Congress in 1882. James Bryce in his American Commonwealth in disaussing the antagonistic attitude of the Sand Letters towards monopolies and the Orientals says :" "Most of all however, was the popular hatred of the Chinese. This was so strong in California that any party that could become its exponent, rode on the crest of the wave. The old parties, though denouncing Chinese immigration in every convention they held, and professing to legislate against it, had failed to check it by state laws, and had not yet obtained Federal laws prohibiting it. They had therefore lost the confidence of the masses on this point, while the Sand Lot party, whose leaders had got into trouble for the ferocity of their attacks on the Chinese, gained the confidence, and became the anti-Mongolian party par excellence.---Kearney

1. Sen. Misc. Doc. No.36, S.N. 1786 (1877)

*(who was the great leader of that party at that time)" ended every speech with the words 'and whatsoever happens, the Chinese must go' ".1

soever.

The followers of Kearney had a strong representation

in the constitutional convention called in 1879. This whole delegation stood solid for the exclusion of the Chinese and proposed many radical measures discriminating against them. As for example one of the measures that they urged was that the Chinese should not be allowed to hold any property whatAnother was that they should not be allowed to engage in any trade. One proposal was that a fine of $250 should be imposed on each on admission into the United States. It will be remembered that most of the anti-Mongolian legislation of the state had been declared null and void after the adoption of the Fourteenth Amendment to the Federal Constitution. The Constitution as finally adopted contained the following pro

visions in Article 19:

Section 2. "No corporation now existing or hereafter formed under the laws of this state shall, after the adoption of this constitution, employ directly or indirectly, any Chinese or Mongolian. The legislature shall pass such laws as may be necessary to enforce this provision."

Section 3. No Chinese shall be employed on any
1. Bryce, American Commonwealth, vol.2,p.434

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