Senate Joint Resolution No. 26

Introduced by Senators De León, Hernandez, Lara, and Torres

May 7, 2014

Senate Joint Resolution No. 26—Relative to Chinese Americans in California.

LEGISLATIVE COUNSEL’S DIGEST

SJR 26, as introduced, De León. 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, would apologize for past discriminatory laws and constitutional provisions that resulted in the persecution of Chinese living in California, and would request Congress to adopt resolutions of apology to the Chinese American community for the enactment of the federal Chinese Exclusion Laws.

Fiscal committee: no.

WHEREAS, The California gold rush triggered one of the largest
mass migrations in world history and captured the 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

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

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. 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
Chinese in building the transcontinental railroad, the development
and progress of our nation and California would have been delayed
by years; and

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, 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

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 Chinese laborers already here; and

WHEREAS, Among other things, these laws denied 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

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 that 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

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 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

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 throughout
most of the 20th century; 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, 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.
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, 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

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

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

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

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 is inscribed on 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

Resolved, That the Legislature apologizes to 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

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

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.