82 



CALIFORNIA. 



the means of a final solution of this grave and ever- 

 increasing difficulty : First, an appeal to the Govern- 

 ment of Great Britain to cooperate with our own 

 Government in the absolute prohibition of this trade 

 in men and women ; and, second, the joint and 

 friendly action of the two countries with the Empire 

 of China in the abrogation of all treaties between 

 the three nations permitting the emigration of Chi- 

 nese to the United States. 



And, in the mean time, we earnestly recommend 

 legislation by Congress limiting the number of Chi- 

 nese allowed to be landed from any vessel entering 

 the ports of the United States to, say, not more 

 than 10. 



This policy would, in a great degree, tend to a 

 redress of the grievances that now sorely afflict our 

 State, and threaten to overshadow her prosperity. 



A counter-memorial was sent to Congress 

 by the presidents of the six companies, deny- 

 ing most of the allegations of the Senate com- 

 mittee, and supporting the denial, in some 

 measure, by evidence. Among other things, 

 it was shown that, for the past year, instead of 

 an increase of immigration, there had been 

 more departures than arrivals at the port of 

 San Francisco. It was also shown, from the 



criminal statistics of the State, that there was 

 a far smaller proportion of Chinese than of 

 other classes of foreigners in the penal institu- 

 tions. In his message to the Legislature of 

 1877-'78, Governor Irwin, speaking on this 

 subject, said: 



The presence of the Chinese in this State in large 

 numbers, with steady additions thereto, through im- 

 migration, from the exhaustless hive in China, not 

 only threatens an irrepressible conflict between the 

 American and Chinese civilizations, but has actually 

 initiated such conflict. If the right of unlimited 

 emigration is conceded to the Chinese, as it is under 

 the Burlingame Treaty, and if Chinese immigrants 

 are guaranteed in all the rights that immigrants 

 from the most favored nations are, as they are under 

 the same treaty, what is to prevent the triumph of 

 their civilization, in a modified form ? in its conflict 

 with ours ? Every one conversant with the state of 

 affairs in this State knows that, if the present con- 

 ditions guaranteed by the Burlingame Treaty con- 

 tinue, there is imminent danger of precisely that 

 result. 



Nay, I may go further, and say that that result is 

 as certain as any event can be which is yet in the 

 future ; but upon this condition only, that the Chi- 

 nese shall enjoy perfect and absolute protection 



NEW CITY HALL, SAN FRANCISCO. 



here. Under the provisions of the Burlingame 

 Treaty, their right to protection here is as perfect as 

 is their right to come here. If, then, they shall be 

 protected in their treaty rights their right to come 

 here and be protected while here we shall most 

 certainly be so far vanquished in the conflict that 

 the resulting civilization will be essentially different 

 in its character from the civilization of the Missis- 

 sippi Valley and the Atlantic seaboard. 



But it is not always possible for a government to 

 do what it is legally and morally bound to do. It 

 may be unable to furnish the protection which its 

 treaty obligations and the laws of humanity v require 

 it to furnish. I have said, an irrepressible conflict 

 between the Chinese and ourselves between their 

 civilization and ours has already been initiated. 

 Now, if the unrestricted right of immigration shall 

 continue to be secured to the Chinese, and they shall 

 continue^to exercise the right, there is danger great 

 danger that this conflict will become so sharp, 

 bitter, and determined, that it will be diflicult, or 

 even impossible, for the Government national or 

 State, or both to secure to them the protection to 



which they would be entitled, both by treaty and 

 the laws of humanity. We are in imminent danger 

 of this contingency, and will continue to be, as long 

 as the Chinese shall continue to exercise the rights 

 guaranteed them by the Burlingame Treaty. 



What, then, is the plain duty of the United States 

 Government ? It is, to secure the abrogation of the 

 treaty provision which permits unrestricted Chinese 

 immigration to this country. If the Government 

 of China will not consent to such a modification of 

 the treaty, then Congress should forthwith pass 

 such laws, in disregard of the treaty, as will remedy 

 the evil. 



The foil owing preamble and resolutions were 

 promptly introduced in the Legislature, and 

 were pending when that body adjourned over 

 the holidays, at the end of the year : 



Whereat, On the 3d of July, A.D. 1844, a treaty of 

 peace, amity, and commerce, was concluded between 

 the United States of America and the Empire of 

 China, whereby the citizens of the United States 



