Amended in Senate May 22, 2014

Senate Joint Resolution No. 23

Introduced by begin delete Senator Huff end delete begin insert Senators Huff and De León end insert

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(Coauthors: Senators Padilla and Steinberg)

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(Coauthor: Assembly Member Waldron)

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April 10, 2014

Senate Joint Resolution No. 23—Relative to Chinese Americans in California.

LEGISLATIVE COUNSEL’S DIGEST

SJR 23, as amended, Huff. Chinese Americans in California.

This measure would acknowledge the history of the Chinese in California, would recognize the contributions made to the State of California by Chinese Americans and Chinese immigrants begin delete , would apologize for past discriminatory laws and constitutional provisions which resulted in the persecution of Chinese people living in California, end delete and would request Congress to adopt resolutions of apology to the Chinese American community for enactment of the Chinese Exclusion Laws.

Fiscal committee: no.

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WHEREAS, Chinese Americans have a long and rich history in
the United States and California; and

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WHEREAS, The many contributions of Chinese Americans, both
past and present, should be acknowledged and celebrated; and

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WHEREAS, Since the late 19th century, Congress enacted
adverse laws specifically targeting Chinese people on the basis of
race, most notably the Chinese Exclusion Act of 1882; and

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WHEREAS, During this period, growth in the Chinese population,
combined with economic regression led to pervasive anti-Chinese
sentiments, especially in California and the American West; and

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WHEREAS, California’s stance against the Chinese community
influenced the promotion and passage of the Federal Chinese
Exclusion Act; and

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WHEREAS, California lobbied Congress for years to strictly
prohibit immigration from China, and in 1882, was successful in
convincing Congress to enact the Chinese Exclusion Act, the first
federal law ever passed excluding a group of immigrants solely
on the basis of race or nationality. The Chinese Exclusion Act set
the precedent for racist foreign and national policy that led to
broader exclusion laws and fostered an environment of racism
that quickly led to the Jim Crow laws of the 1880’s, and further
segregation legislation that would tear our nation apart through
most of the 20th century; and

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WHEREAS, The Chinese Exclusion Act and later amendments
to the act not only established barriers exclusively for Chinese
attempting to enter the country, it also placed discriminatory
restrictions on those already living in the United States, such as
requiring Chinese laborers who desired to reenter the country to
obtain “certificates of return”; and

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WHEREAS, Paradoxically, the very same year that the Chinese
Exclusion Act was passed, financing abroad was completed for
the Statue of Liberty. The Statue of Liberty is a sign of freedom
and democracy and was built and presented to the United States
at the same time that Chinese Americans and Chinese immigrants
were being denied freedom and democracy. The Statue of Liberty
is our nation’s great symbol of hope and justice for all who live,
and all who wish to live, in the United States of America. While
the Statue of Liberty was being built, legislators were contradicting
those very ideals by discriminating against Chinese immigrants
and lobbying Congress to do the same; and

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WHEREAS, Some congressional legislators did warn against
the moral bankruptcy of the Chinese Exclusion Act by appealing
to America’s ideals. Senator George Frisbie Hoar debated against
the measure before the United States Senate, stating, “Nothing is
more in conflict with the genius of American institutions than legal
distinctions based upon race or occupation. The framers of our
Constitution believed in the safety and wisdom of adherence to
abstract principles. They meant that their laws should make no
distinction between men except as were required by personal
conduct and character;” and

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WHEREAS, The Chinese Exclusion Act, which originally expired
in 1892, was extended by Congress for 10 years in the form of the
Geary Act and made permanent in 1902. It remained in effect until
it was repealed in 1943 as a result of the alliance forged between
China and the United States during World War II. The Chinese
were once again allowed to immigrate to the United States, and
shortly thereafter California’s Angel Island ceased to be used as
a detainment center for Chinese immigrants; and

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WHEREAS, The Chinese Exclusion Act is inconsistent with the
founding principles of the United States, including that all men
are created equal; and

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WHEREAS, In 2011, by unanimous consent, the United States
Senate passed Senate Resolution 201 (S. Res. 201), expressing
regret for the passage of the Chinese Exclusion Act of 1882 and
other legislation that discriminated against people of Chinese
origin in the United States; and

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WHEREAS, In 2012, the United States House of Representatives
unanimously passed House Resolution 683 (H. Res. 683),
expressing regret for passage of the Chinese Exclusion Act of 1882
and other legislation that discriminated against people of Chinese
origin in the United States; and

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WHEREAS, The congressional sponsors of H. Res. 683 and S.
Res. 201 are appreciated and commended for achieving
expressions of regret for State discriminatory legislation targeting
the Chinese based upon race; and

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WHEREAS, Congress has never afforded a formal apology for
the legalized governmental mistreatment marked by the Chinese
Exclusion Act; and

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WHEREAS, The United States Congress has demonstrated an
apology, not an expression of regret, is most appropriate for
redressing past transgressions. Other congressional apologies
include those for the enactment of discriminatory legislation to
the Japanese Americans in 1988, the Native Hawaiians in 1993,
African Americans in 2008 and 2009, and to the Native Americans
in 2009; and

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WHEREAS, There are important distinctions between an
expression of regret and an apology; and

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WHEREAS, An expression of regret conveys sorrow for hardship
or suffering, while an apology acknowledges culpability for actions
contributing to that hardship or suffering; and

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WHEREAS, It is important that the United States Congress make
a formal and sincere apology for the enactment of the
discriminatory laws that adversely affected Chinese Americans,
so that democracy, justice, and equality for all of its citizens can
be achieved, and to strengthen the diversity in the United States
that contributes to the country’s economic, cultural, technological,
academic, and political growth; now, therefore, be it

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Resolved, That the Legislature requests Congress to adopt
resolutions of apology to the Chinese American community for the
enactment of the Chinese Exclusion Laws; and be it further

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Resolved, That the Secretary of the Senate transmit copies
of this resolution to the President of the United States Senate, the
Speaker of the House of Representatives, to each Senator and
Representative from California in the Congress of the United
States, and to the author for appropriate distribution.

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WHEREAS, The California gold rush triggered one of the largest
mass migrations in world history and captured global imagination
as the destination for wealth and opportunity. That global migration
made California one of the world’s most diverse states which
would serve as the foundation for its economic, academic, and
cultural growth in the 20th century; and

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WHEREAS, The California gold rush paved the way in funding
and manpower for the creation and building of the western leg of
the transcontinental railroad. The transcontinental railroad was
considered the greatest American technological feat of the 19th
century, was a dream of Abraham Lincoln’s, and was what many
considered the most important aspect in strengthening the position
of the United States in the international spotlight. The track served
as a vital link for trade, commerce, and travel by joining east and
west, further transforming the population and economy of
California; and

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WHEREAS, The Central Pacific portion of the transcontinental
railroad recruited the Chinese in America and later tens of
thousands of Chinese immigrants as a source of labor. Chinese in
America and Chinese immigrants were paid less than their white
counterparts and slept in tents while white laborers were provided
both food and shelter. The Chinese laborers worked under grueling
and treacherous conditions in order to lay thousands of miles of
track. On May 10, 1868, alone, Chinese workers laid 10 miles of
track in less than 12 hours in order to complete the last leg of the
railroad. Without the tremendous efforts and contributions of the
Chinese in building the transcontinental railroad, the development
and progress of our nation and California would have been delayed
by years; and

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WHEREAS, Once the transcontinental railroad was complete,
Chinese in California transitioned to other types of employment,
making considerable contributions to the progress and growth of
our state. Chinese in California built ships for fishing along our
coast and developed the abalone and shrimp industries. In the Delta
and the central valley, the Chinese in California helped to recover
the tule swamps, to build irrigation systems, and to harvest various
fruits and vegetables for California’s agriculture industry; and

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WHEREAS, The Legislature enacted discriminatory laws
targeting Chinese in America and Chinese immigrants in order to
discourage further immigration from China and sought to severely
limit the success of the Chinese laborers already here; and

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WHEREAS, Among other things, these laws denied the Chinese
in California the right to own land or property, the right to vote,
and the right to marry a white person, denied children of Chinese
descent access to public schools, denied Chinese immigrants the
right to bear arms, unfairly targeted women of Chinese descent by
imposing special requirements in order for them to be allowed to
immigrate into the state, authorized the removal of Chinese
immigrants to outside town and city limits, denied Chinese laborers
employment in public works projects and through state agencies,
prohibited the issuance of licenses to Chinese in California, denied
Chinese in California the right to fish in California’s waters, and
unduly taxed Chinese businesses and individuals who employed
Chinese laborers; and

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WHEREAS, Chinese in California were denied the right to
testify as a witness in any action or proceeding in which a white
person was a party, pursuant to a state law which was upheld in
People v. Hall (1854) 4 Cal. 399. As a result of the decision to
place Chinese in California outside of the protection of the law,
many Chinese in California were left extremely vulnerable to
violence and abuse; and

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WHEREAS, Chinese in California faced further discrimination
under local ordinances which targeted traditional Chinese culture
and customs. Laws were enacted forcing Chinese men in San
Francisco to cut off their traditional queues, banning the Chinese
traditional style of transporting fruits and vegetables, unjustly
raising taxes on Chinese-owned laundromats, targeting the Chinese
custom of disinterring the remains of their deceased to send back
to China for proper burial, and forcing the Chinese in San Francisco
to live within an area that was considered unsanitary and unsafe
to ordinary individuals. These laws were enacted in order to impose
shame and humiliation on Chinese Americans and Chinese
immigrants; and

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WHEREAS, California lobbied Congress for years to strictly
prohibit immigration from China, and in 1882, was successful in
convincing Congress to enact the Chinese Exclusion Act, the first
federal law ever passed excluding a group of immigrants solely
on the basis of race or nationality. The Chinese Exclusion Act set
the precedent for racist foreign and national policy that led to
broader exclusion laws and fostered an environment of racism that
quickly led to the Jim Crow laws of the 1880s and further
segregation legislation that would tear our nation apart through
most of the 20th century; and

end delete begin delete

WHEREAS, Paradoxically, the very same year that the Chinese
Exclusion Act was passed, financing abroad was completed for
the Statue of Liberty. The Statue of Liberty is a sign of freedom
and democracy and was built and presented to the United States
at the same time that Chinese Americans and Chinese immigrants
were being denied freedom and democracy. The Statue of Liberty
is our nation’s great symbol of hope and justice for all who live,
and all who wish to live, in the United States of America. While
the Statue of Liberty was being built, legislators were contradicting
those very ideals by discriminating against Chinese immigrants
and lobbying Congress to do the same; and

end delete begin delete

WHEREAS, The Chinese Exclusion Act, which originally
expired in 1892, was extended by Congress for 10 years in the
form of the Geary Act and made permanent in 1902. It remained
in effect until it was repealed in 1943 as a result of the alliance
forged between China and the United States during World War II.
The Chinese were once again allowed to immigrate to the United
States, and shortly thereafter California’s Angel Island ceased to
be used as a detainment center for Chinese immigrants; and

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WHEREAS, Former Article XIX of the California Constitution,
which was adopted in 1879 and unfairly targeted and discriminated
against Chinese living in California, remained in effect for 73 years
until it was repealed in 1952; and

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WHEREAS, Despite decades of systematic, pervasive, and
sustained discrimination, Chinese living in California persevered
and went on to make significant contributions to the growth and
success of our state; and

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WHEREAS, Today, Californians of Chinese descent occupy
leading roles in politics, business, and academia. The contributions
of Chinese Americans to the State of California are vast and
irreplaceable. They have played a central role in turning
California’s university system, technology industry, businesses,
and agriculture into a world power; now, therefore, be it

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Resolved by the Senate and the Assembly of the State of
California, jointly, That diversity is one of our state’s greatest
strengths, enabling California to thrive economically, agriculturally,
technologically, academically, and politically at an international
level. Our great state has relied on immigrants of all backgrounds
to build our infrastructure, and integrating them into our society
not only helps them prosper, but helps California prosper as well;
and be it further

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Resolved, That while this nation was founded on the principle
that all men are created equal, and while we pay tribute to the great
American creed “give me your tired, your poor, your huddled
masses yearning to breathe free” which stands at the base of
America’s Statue of Liberty, a symbol of hope for all who live,
and all who wish to live, in the United States of America, we
recognize that the practices of our state and its government have
not always honored that promise. Ours is a state with an imperfect
history where intolerance spurred the enactment of unjust
discriminatory laws that have too often denied minority groups
access to the promise of America, that all men are created equal.
Today that struggle continues, and learning from our past will help
enable us to travel further down the path toward building a more
perfect Union; and be it further

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Resolved, That the Legislature apologizes to the Chinese people
for the enactment of past discriminatory laws and constitutional
provisions which resulted in the persecution of Chinese living in
California, which forced them to live in fear of unjust prosecutions
on baseless charges, and which unfairly prevented them from
earning a living. The Legislature reaffirms its commitment to
preserving the rights of all people and celebrating the contributions
that all immigrants have made to this state and nation; and be it
further

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Resolved, That the Legislature requests Congress to adopt
resolutions of apology to the Chinese American community for
the enactment of the Chinese Exclusion Laws; and be it further

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Resolved, That the Secretary of the Senate transmit copies of
this resolution to the President of the United States Senate, the
Speaker of the House of Representatives, to each Senator and
Representative from California in the Congress of the United
States, and to the author for appropriate distribution.

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