Amended in Assembly August 18, 2014

Amended in Senate May 22, 2014

Senate Joint Resolution No. 23

Introduced by Senators Huff and De León

(Coauthors: Senators Padilla and Steinberg)

( begin delete Coauthor: end delete begin insert Coauthors: end insert Assembly begin delete Member end delete begin insert Members Conway, Fong, end insert Waldron begin insert , and Wieckowski end insert )

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 insert , end insert and would request Congress to adopt resolutions of apology to the Chinese American community for enactment of the Chinese begin delete Exclusion Laws end delete begin insert exclusion laws end insert .

Fiscal committee: no.

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

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

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

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

WHEREAS, California’s stance against the Chinese community
influenced the promotion and passage of the begin delete Federal end delete begin insert federal end insert
Chinese Exclusion Act; and

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

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

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

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 begin delete character;” and end delete begin insert character”; and end insert

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

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

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

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

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

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

WHEREAS, The United States Congress has demonstrated begin insert that end insert
an apology, not an expression of regret, is most appropriate for
redressing past transgressions. begin delete 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 end delete begin insert Congress has previously apologized for enacting
discriminatory legislation to Japanese Americans in 1988, to
Native Hawaiians in 1993, to African Americans in 2008 and 2009,
and to Native Americans in 2009; and end insert

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

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

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

Resolved, begin insert by the Senate and the Assembly of the State of
California, jointly, end insert That the Legislature requests Congress to adopt
resolutions of apology to the Chinese American community for
the enactment of the Chinese begin delete Exclusion Laws end delete begin insert exclusion laws end insert ; and
be it further

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.