Volume 11 (1865) (424 pages)

83 The Dining anil Srientitic Dress. worka, was established the Mechanics’ Institute of San Francisco, with its occasional exhibition of the products of the genius and handicraft of the mechanics of our State. It is in comparison of results, that rivalry is encoursged. It is in the exhibition of modols snd improved machinery that invention is stimulated. It is healthful and pleasant to mingle together in social and intellectual companionship. . The occasional Fair and report is a milestone upon the road of progress, while the financial profits huy books forthe library and turnishes reading room and cluh, where conversation, smusement aud recreativn affords a relief from the weary tedium ot constant lahor. California hss made rapid and substantial progress in sll the practical andelegant arts, but till there is a wide field before us for further advancement. It is but a brief period of time since this, our beautiful State, was almost unknown to tho civilization of the world. It lay like a white and glittering pearl upon the ocean's shore ;_valueless in its unnoticed heauty, till found and set with other jewels in our glorious diadem of States. Less than twonty yoars ago, where we now sasemble, the coyote called his mate; and in the chspparel of the sand hills, the long-eared rabhit ion his home; in our harbor a single . hide ‘drogher swung lazily at anchor, awaiting its freight of skins and tallow. Now mark our great metropolis with its enterprize, its learning, and its wealth. Now mark.our husy comtheree, that plies to every ocoan ; then our glorious valleys lay hasking idly iu the sun; now, teeming with husy industry, laden with hending grain, our hill-sides rosy with the fruitful vine. Then our mountain esverns held enchanted wealth, till touched with the magic of industry, :the spell was hroken and poured their streams of golden plenty through the land. I know it is a hackneyed theme to dilate upon the fertility, resources und grentness of our Stste; I know we dro accused of vanity and hoasting; when abroad we undertake to deserihe the marvels of our wondrous land, but who that hes lived famid its pleuty, and drank from its cup of bounty, who that has breathed its glorious stmosphere. snd trod upon its fertile soil, that does not love this new home of our sdoption, nod love it the ‘more, hecause it is ours and new? Beoause hy our valor we congnored it; by our industry we created it; hy our enterprize we have developed it, and hy our loyalty we have aided to maintain it. We are vain and proud, not only of what we are, hut for what we propose to become—first of the American States; firstin morals, learning and wealth ; first in agriculture, msuufactures and commerce; first in wine, and wool snd gold; first in industry, enterprize and genius ; first in hraye and honorable men, as we are new first in beautiful and virtuous women. Tre Lexincron Oi, Wet, owned by the Santa Clara Petroleum Co., and located near the Moody saw mill, in Santa Clara county, is now down 230 feet. This well is under contract to be hored to the depth of 400 feet. At the depth of 220 feet a seam was struck which .it was estimated would yield about five barrels in twenty-four hours. That nmonnt would be largely increased by opening the seams which had been found above. All the seams nre now closed up by the tubing, and the contractors will continue boring untilthe depth of 400 fect is reached, unless a flowing stream should be found sooner, and the contractors released from their obligations. We have seen a series of samples of this oil, exhibiting it in its crude state, and also refiued, showing the illaminating vil, the lubricating oil, the benzine and the tarry residuum. An assay, by Prof. Benoist, gives the following result : Burning oil, 55 per cent; lubricating, 25; henzine, 5, and tarry matter and water 15, much of which might be utilized by a more complete process. Much interest is felt in the degreo of success which may attend the opcrations at this well, as they will be considered indicative of the value of the entire district. Sounp anp Licur.—sSound is thought to be produced by the vibrntion of gravitnting mat‘ter; whilst light is supposed to he produced by a similar vibration of the particles of a nongravitating matter, cnlled luminiferons (lightbearing) ether. It is a principle of resonance, that if we sound by voice or instrument a given note in the immediate vicinity of a pianoforte, the string which when struck gives ont the vibrations due to that note, immediately takes it up, absorbs it, as it wore, and again gives it ont as an answering sonnd of slighter intensity ; so the lumiuiferéns gases, as ether, are capable of absorhing a transmitted ray of light and emitting the same witha diminished intensity. Tue tongue was intended for the divine organ, but the devil often plays upon it. sort of an intangihle, vague helicf that to drive ‘them out would be in contravention of some treaty hetwoon the Empire of China snd the Government of the United States, or would come in conflict with some clause of the Constitution of the United States. It seems very strange, that as a sovoreign State, we have not the right to abate this evil, and put an endto it. We havea right hy the enactment of qusrantine laws, to prevent the introduction of contagion and disease among us, yet we have not the right to prevent persons from coming to the State tainted with infectious diseases; laws may he enacted to prevent the spread of pestilence, and yet we. must, in order to enconrage commerce and that we may not interfere with any laws of Congress for ita regulation, suffer our State tv ho inundated with this moral coutagion. i We pass laws preventing the introduction of licentious books, immoral paintings, srticles of ; gaming, tainted food, dangerous preparations of gunpowdor and all nuisances, and yet we may net he permitted, in the exercise of the samepower, to exclude a class df humanity, whe are licentious, immoral, gambling und dangerous. We may, by State laws, throw vverboard from any foreigu ship, such goods as are hurtful to our health or deatructivo to our morals, and yot a ship comes into our harbor loaded down with Chinese prostitutes, reeking with filth, stiuking with strange odors, rotting with strange diseases, and tbey must be admitted as part and parcel of the community; wo must mix and mingle with them; eat from the same markets, traverse the same stroets, and hreathe the same atmosphere. I do not concede that hy if the Chinese arenot equally taxed, that in the compact between the State and themselves they aro not fairly treated and honorably dealt with. The State says to the citizens of the Empire of China, we Know your exclusive laws, we know your peculiar vices, your contagious diseases; you wish to come to our country, dig our gold and tom. porarily remain here till yon can accumulate enough to make you independent on your return. You will not bring your families, yon will not seek homesteads among us, you will not evon bring your virtuous women to the State. You will bring your prostitutes to ministor to your lusts and scatter disesse and death among our dissolute gnd depraved, you will not acquire property that we may tax, you cannot hecomo citizens; we will exact from you neither jury duty nor require you to perform military service. Yuu msy not organize yourselves into fire companies, nor shall any public service he required of you. We will send our ships for you and bring you here at a low price of passage. We will settle your disputes in our Courts, we will protect your trade by our laws, we will guard you by our police, we will maintain your sick fe our hospitals, we will guard your criminals in our prisons and our jails; you shall go to our mines and dig our gold and tako it home with you to China without stamps on your hills of lading or tsx on your exports; worship Josh after tho dictates of your own stomachs, and in your pagin mummeries nono shall molest or make you afraid; you shall feed your dead ou pork, and yeur living on fish caught from our waters, and rice of your own importation—and for all this you shall contribute to the support of our varivus governments, municipal, county and State, aud if you are not content to do this you may leave the country. Perhaps a broader humanity than nine would welcomo to our land and to the equality of our Jaws, all the tawny races of the world. And while I hope that my hberality is not hounded or circumscribed by sympathy for my owu race snd color alone, I would still in my selfish love for the Saxon family save America for the Saxon rule. I would say to the descendants of Attila, Janghis Kahn and Tamerlane--to the worshipers of Josh and the diciples of Confucius, stay in your own rich and populous Empire—we want none of you. China is yours. Keep it. Let your people imitate the valor of their ancestry ; let them perform their deeds of heroism in flinging stink-pots amid the clanging gongs of their own civil wars; let them pursue the ernft of their cunning toil, carvo their gaunt images for toys, and from ivory whittle their ingenious puzzles, raise their tea and rice; we will trade with you, and, in exchange of commodities, he ever civil. Your merchants may do husiness in our ports, and ours shall live in yours. We will maintain with you the faith of commercial treatios, hnt our soil shall nover hecome tho refuge of your redundant population. The Anglo Saxon rnce will carve ont its own destiny, in its own way, will make its own laws, mould its own charactor on the continent where Providence has placed it. L would enact laws to prevent their women and their gamblera from coming to our shore; and if for a time we permit their industrious laborers to find a home among us, it should only he hecause they are usefulto us. With my consent none of tbe race should be horn upon our soil. Tbus, if their numhers ever hecome emharrassing, we conld legislate against them, and the ovil would die with the generation. The length of my manuscript admonishes me that I must not too far tax the patience of the institution, that has so honored methis evening. Ibave only heen able to glance at topics of interest, in every one of which there is material for profitable reflection. For the purpose of making California truly great and truly prosperous, to contrihute to) wards the huilding up of a State upon this coast, that should hecome the admiration aud envy of all, and forthe purpose of making the industrial interests to he known and sppreciated ; for the purpose of aiding in thesegreat . them in this wise: gives Congress the power to regulate commerce with foreign nations—Judge Field dissenting. The Court undertook to find on analogy hetween this case and a law of New York and Massachusetts, which put a tax upon alien passengers arriving in the ports of New York and Boston. In the argument of that case it was my duty, as attorney for the State, to endeavor to sustain the law. One or two extracts from the brief filed at that time, express my unchanged opinion upon the propriety of inviting to our shores a race with which we can never assimilate, . In commenting upon the passenger laws I ssid New York aud Boston, the two great em. poriums of American trade, the two grest entrepots of foreign commorce, sought to impose for the benefit of their respective localities (already grown rich and prosperous from this trade), a-tax upon alien passengers. These aliens were tho sturdy, industrious immigrants of Christian, Europe; they had duriug half ao century and more huilt up the great empire of the Amerioan Union; they were then contributing to the settlement and development of the West. Before their sturdy march forests disappesred,. the Indian retired, snd. civilized States sprsng up in their path. To secure this immigration had heen the chosen policy of tbe Government: Laws of naturalization were made for its, encoursgement. Immigration societies sent apostles to preach the izducemonts of American residence throughout Europe. -Great political psrties vied with eacb other in this hid for immigration, and then hid fer proselytes to their polit‘. ical faith. It was not, therefore, strange that when two cities on the sea-coast sought to make . their ports the go!den gates through which this current of passengers should pay tributo, that every sentiment of fairness should array itsolf against this selfish extortion; that this sentiment penetrated within the sacred precincts of the Courts, and that even the Judges of the Supreme Court of the United States, always somewhat inclined to enbance their own dignity of position by taking power to the tribunal over which they presided, caught this opportunity of taking power from States and conferring it upon the United States, But how would it hsve heen if, instead of the two cases from New York and Boston, where by State laws they sought to exact a tribute from the poor immigrant whom the whole nation was coaxing to its shores, there had been presented the csse of the People of the Stste ot California against Downer, in 7 California Reports, where the People of California had, for the purpose of discoursging Chinese immigration, impossd a tax of $50 upon their landing, and the argument had gone to The State of California had heen conquered from Mexico by tho hlood of our citizens, had heen settled by the enterprise of the young men of the American people; hore they hsd hrought their families and made their homes; here they had discovered iuexhaustible resources of mineral wealth— gold, silver, copper, quicksilver and coal. Geographically, we are on the very western verge of the coutinent, and this hrings us in vicinage with Asia and its redundaut millions of inhahitants, who possoss all the vices, follies and diseases incident to redundancy of population. An avaricious people, they have been induced hy greed of gold to’ hreak down their harriers of prejudice, and withdrawing themselves from the isolation of centuries, they have overloaped their great wall ot Chinese exclusivuness, and are, like the lice and frogs of Egypt, overrunning our people; they inundato vur shores and hasten to our mines to rob us of the gold which is the inheritunce of our miners; they bring their own supplies, that they may not enrich our merchants ; they bring no wives o¢ virtuous womon to our land; they speak not our language and seek not to acquiro it; they do not attond our schools and hring none of their youth who might, in time assimilate with our peuple; they are of a different race, lineageand tongue, and cannot mingle with us; they belicvo not in tbe Christian religion, worship not the Christian God, but bring with them the graven images of their idolatry, and avoiding our Christian churches huild their heathen temples, and practice their barbarous rites in our midst. By the laws of China, virtuous women are forbidden to immigrate, and in their place comes the most vile and shandoned from their sea ports, with dresdful diseases that defy the skill of surgery and the art ot medicine; in the midst of our streets, in the presence of our wives and daughters they practice with shameful impudence thoir hrazen arts of harlotry. Accompsnying them is the gambler, the opium eater, the debauchee, who live with and upon these abandoued wemen and make night hideous with the insane ravings of their intoxicated madness and the howlings of their strange éxcitement. Asan offset to thisdemoralization, they come in our ships, as they have none of their own}; tbey huy boots which they have not the ingenuity to make, they consume some hraudy of most poisonous kind, they ride in our stage coaches from ono mine to another as they deplete our placers; they import and sell goods and trade with each other, to the injury of our merchants; they hring not here any part of the usoful industry of their country; they import their rice but make no effort to produce it from our tule lands, useless for other cultivation; they import their sugar, nor seek to ndd to Cabfornia’s productions by attempting to raise it here. In a word they are a nuisance in society, are useless to the commerce of the State, are a curse in the community,and areonly endured hy a patient people hecause there is a I shsll not disouss the question of slavery, it has hed its dey, it hes performed its mission and slavery no longer exists in the land. But we have n duty to perform toward the emsncipated hlacks, from which we must not shrink nor turn back. They must not be imposed upon by-their former mssters; idleness and -vagrancy must not he permilted, ignorance removed, industry euforeed, and justice, hetween maater and servant, firmly administered. The African wss born on Southern soil, and however hard may have becn his lot, he is attached to that soil; to bim the plantation is home, and the South his native land. 16 is his natural right to live whore he wss born; to die on the soil which gave him birth and on which long generations of his ancestors have toiled, is his legitimate heritage. It is a remarkable fact, that during this long and hloody civil war, the issue of which involvod thy freedom of the slave, there was no slave insurrection, not an organized strike for liberty. Whether the negro was content ~ with his lot, whother he was _ hrutalized with long gonerations of servitude, whether he was ignorant of the principles at issue, or whether he reposed upon the conviction that his deliverance was in the hands of » highor and mightier authority, we know not; the fact is fevertheless a remarkahle one, that within the sounding roar of artillery that thundered forth to him the hope of freedom, ho was content for four years to do his master’s work ; not from fear, because when on the hattle-field ho exhibited a courage eqnal to the noblest race; dot from ignorance, fur wherever tho armies went, there had gone before them tho informstion of the war; not because the black lacked fidelity to the hope of their emancipstidn, for the loyal fugitive could always depend upon the aid of the slave, to guide, and feed, and protect him. I account for this fset in no other way than this; the African loves the spot of his hirth; he is timid and not self-reliant; he loves his home; he is heldhy the memories of childhvod days; he is attached to his domestic hearth; he will not willingly sever the ties thst hind him to home, and wife, and child, and mother, for the uncertain exporiment of freedom ina strange part. This element iuthe uegro character, will, in my opinion, enter into and make easy tho establishment of new relations hetween the master and the slave. Mutusl interest will control, and I look forward to the speedy coming time, when inall the Southern States, the master sball become a paying employer, the negro a willing _lahorer, with contentinent and prosperity to hoth. Let the Negro fill the position which God has given him. Let him he protected in his freedom ; in bis domestic ties ; lot him be compensated for his labor; let him be educated to the extent of his capacity ; let him he protected in his life and property ; let him have freedom of religious worship, snd let him be content. Either his race, or mine, is the superior. I think mine is, but whethor it is er not, becsuso it is mine, I would have it retain all the politieal power ; I would not invest the Negro with the privilege of the elvetiye franchise; I would not qualify him as a juror or enable him fo holdoffice or in any wey seek to esta lish with him relations of social equality. From centuries uf darkness he emerges to the light of a hrilliant day, and at a fearful cost to our conntry ; after generations of ignorance and slavery, though not; his fault. he must serve some time a pupilsage to intelligence and freedom. When, in later years he shall havo demonstrated his capacity for the respongible enjoyment of the electivo privilege, it will then be timo enough to consider it. I would rather limit the elective privilege, by taking it awsy from the ignorant, the vicious, and the disloyal of my own race, than by indiscriminate extension to tho Africau aud Mongolian. In reference to the Chinese: It must be ad mitted that there ara some present nnd immediate henefits attending the presence ainong us of the industrious working male. they work exhausted placers, content with smaller gains than the white laborer, and it is undoubtedly desirable to extract this gold and give it circulation, although but even a small percentage inures to the benefit of the country, rather than have it buricd in our hills. The Chinese do much of the menial work, and are employed in certain classes of manufacturing with profit, doing that lighter work which in Europe is performed by women and children, and thus perhaps, enabling manufacturés to employ white laborers in gteater number by reason of their profits from the Asiatic. But, in my opinion, the evils to be anticipated from Chinese immigration outweigh all the henefits, and that it is not wise or prudent to advance our national interests at the expense of the moral welfare of our people. While therefore, I am prepared to concede the desirableness of certain classes of tho Chinese, their merchants, and industrious laborers, and concede that they are innoffensive and law-abiding, I must not omit tbis opportunity to denounce as hurtful “and destructive, the immigration of their women, their gamhlers and opium eaters, whose presence in our towns aud villages is most demoralizing and whose existence in the very heart of the city of San Francisco, is an offeusive sight. Our Supreme Court in the caso of Lin Sing against Washburn, has determined that the Act of 1862: “An Act to protect free white labor agoinst the competition with Chinese Coolie lobor ond discouroge the immigration of the Chinese into the Stote of Colifornio,’ was An violation of the Constitution of the United States, which

83 The Dining anil Srientitic Dress. worka, was established the Mechanics’ Institute of San Francisco, with its occasional exhibition of the products of the genius and handicraft of the mechanics of our State. It is in comparison of results, that rivalry is encoursged. It is in the exhibition of modols snd improved machinery that invention is stimulated. It is healthful and pleasant to mingle together in social and intellectual companionship. . The occasional Fair and report is a milestone upon the road of progress, while the financial profits huy books forthe library and turnishes reading room and cluh, where conversation, smusement aud recreativn affords a relief from the weary tedium ot constant lahor. California hss made rapid and substantial progress in sll the practical andelegant arts, but till there is a wide field before us for further advancement. It is but a brief period of time since this, our beautiful State, was almost unknown to tho civilization of the world. It lay like a white and glittering pearl upon the ocean's shore ;_valueless in its unnoticed heauty, till found and set with other jewels in our glorious diadem of States. Less than twonty yoars ago, where we now sasemble, the coyote called his mate; and in the chspparel of the sand hills, the long-eared rabhit ion his home; in our harbor a single . hide ‘drogher swung lazily at anchor, awaiting its freight of skins and tallow. Now mark our great metropolis with its enterprize, its learning, and its wealth. Now mark.our husy comtheree, that plies to every ocoan ; then our glorious valleys lay hasking idly iu the sun; now, teeming with husy industry, laden with hending grain, our hill-sides rosy with the fruitful vine. Then our mountain esverns held enchanted wealth, till touched with the magic of industry, :the spell was hroken and poured their streams of golden plenty through the land. I know it is a hackneyed theme to dilate upon the fertility, resources und grentness of our Stste; I know we dro accused of vanity and hoasting; when abroad we undertake to deserihe the marvels of our wondrous land, but who that hes lived famid its pleuty, and drank from its cup of bounty, who that has breathed its glorious stmosphere. snd trod upon its fertile soil, that does not love this new home of our sdoption, nod love it the ‘more, hecause it is ours and new? Beoause hy our valor we congnored it; by our industry we created it; hy our enterprize we have developed it, and hy our loyalty we have aided to maintain it. We are vain and proud, not only of what we are, hut for what we propose to become—first of the American States; firstin morals, learning and wealth ; first in agriculture, msuufactures and commerce; first in wine, and wool snd gold; first in industry, enterprize and genius ; first in hraye and honorable men, as we are new first in beautiful and virtuous women. Tre Lexincron Oi, Wet, owned by the Santa Clara Petroleum Co., and located near the Moody saw mill, in Santa Clara county, is now down 230 feet. This well is under contract to be hored to the depth of 400 feet. At the depth of 220 feet a seam was struck which .it was estimated would yield about five barrels in twenty-four hours. That nmonnt would be largely increased by opening the seams which had been found above. All the seams nre now closed up by the tubing, and the contractors will continue boring untilthe depth of 400 fect is reached, unless a flowing stream should be found sooner, and the contractors released from their obligations. We have seen a series of samples of this oil, exhibiting it in its crude state, and also refiued, showing the illaminating vil, the lubricating oil, the benzine and the tarry residuum. An assay, by Prof. Benoist, gives the following result : Burning oil, 55 per cent; lubricating, 25; henzine, 5, and tarry matter and water 15, much of which might be utilized by a more complete process. Much interest is felt in the degreo of success which may attend the opcrations at this well, as they will be considered indicative of the value of the entire district. Sounp anp Licur.—sSound is thought to be produced by the vibrntion of gravitnting mat‘ter; whilst light is supposed to he produced by a similar vibration of the particles of a nongravitating matter, cnlled luminiferons (lightbearing) ether. It is a principle of resonance, that if we sound by voice or instrument a given note in the immediate vicinity of a pianoforte, the string which when struck gives ont the vibrations due to that note, immediately takes it up, absorbs it, as it wore, and again gives it ont as an answering sonnd of slighter intensity ; so the lumiuiferéns gases, as ether, are capable of absorhing a transmitted ray of light and emitting the same witha diminished intensity. Tue tongue was intended for the divine organ, but the devil often plays upon it. sort of an intangihle, vague helicf that to drive ‘them out would be in contravention of some treaty hetwoon the Empire of China snd the Government of the United States, or would come in conflict with some clause of the Constitution of the United States. It seems very strange, that as a sovoreign State, we have not the right to abate this evil, and put an endto it. We havea right hy the enactment of qusrantine laws, to prevent the introduction of contagion and disease among us, yet we have not the right to prevent persons from coming to the State tainted with infectious diseases; laws may he enacted to prevent the spread of pestilence, and yet we. must, in order to enconrage commerce and that we may not interfere with any laws of Congress for ita regulation, suffer our State tv ho inundated with this moral coutagion. i We pass laws preventing the introduction of licentious books, immoral paintings, srticles of ; gaming, tainted food, dangerous preparations of gunpowdor and all nuisances, and yet we may net he permitted, in the exercise of the samepower, to exclude a class df humanity, whe are licentious, immoral, gambling und dangerous. We may, by State laws, throw vverboard from any foreigu ship, such goods as are hurtful to our health or deatructivo to our morals, and yot a ship comes into our harbor loaded down with Chinese prostitutes, reeking with filth, stiuking with strange odors, rotting with strange diseases, and tbey must be admitted as part and parcel of the community; wo must mix and mingle with them; eat from the same markets, traverse the same stroets, and hreathe the same atmosphere. I do not concede that hy if the Chinese arenot equally taxed, that in the compact between the State and themselves they aro not fairly treated and honorably dealt with. The State says to the citizens of the Empire of China, we Know your exclusive laws, we know your peculiar vices, your contagious diseases; you wish to come to our country, dig our gold and tom. porarily remain here till yon can accumulate enough to make you independent on your return. You will not bring your families, yon will not seek homesteads among us, you will not evon bring your virtuous women to the State. You will bring your prostitutes to ministor to your lusts and scatter disesse and death among our dissolute gnd depraved, you will not acquire property that we may tax, you cannot hecomo citizens; we will exact from you neither jury duty nor require you to perform military service. Yuu msy not organize yourselves into fire companies, nor shall any public service he required of you. We will send our ships for you and bring you here at a low price of passage. We will settle your disputes in our Courts, we will protect your trade by our laws, we will guard you by our police, we will maintain your sick fe our hospitals, we will guard your criminals in our prisons and our jails; you shall go to our mines and dig our gold and tako it home with you to China without stamps on your hills of lading or tsx on your exports; worship Josh after tho dictates of your own stomachs, and in your pagin mummeries nono shall molest or make you afraid; you shall feed your dead ou pork, and yeur living on fish caught from our waters, and rice of your own importation—and for all this you shall contribute to the support of our varivus governments, municipal, county and State, aud if you are not content to do this you may leave the country. Perhaps a broader humanity than nine would welcomo to our land and to the equality of our Jaws, all the tawny races of the world. And while I hope that my hberality is not hounded or circumscribed by sympathy for my owu race snd color alone, I would still in my selfish love for the Saxon family save America for the Saxon rule. I would say to the descendants of Attila, Janghis Kahn and Tamerlane--to the worshipers of Josh and the diciples of Confucius, stay in your own rich and populous Empire—we want none of you. China is yours. Keep it. Let your people imitate the valor of their ancestry ; let them perform their deeds of heroism in flinging stink-pots amid the clanging gongs of their own civil wars; let them pursue the ernft of their cunning toil, carvo their gaunt images for toys, and from ivory whittle their ingenious puzzles, raise their tea and rice; we will trade with you, and, in exchange of commodities, he ever civil. Your merchants may do husiness in our ports, and ours shall live in yours. We will maintain with you the faith of commercial treatios, hnt our soil shall nover hecome tho refuge of your redundant population. The Anglo Saxon rnce will carve ont its own destiny, in its own way, will make its own laws, mould its own charactor on the continent where Providence has placed it. L would enact laws to prevent their women and their gamblera from coming to our shore; and if for a time we permit their industrious laborers to find a home among us, it should only he hecause they are usefulto us. With my consent none of tbe race should be horn upon our soil. Tbus, if their numhers ever hecome emharrassing, we conld legislate against them, and the ovil would die with the generation. The length of my manuscript admonishes me that I must not too far tax the patience of the institution, that has so honored methis evening. Ibave only heen able to glance at topics of interest, in every one of which there is material for profitable reflection. For the purpose of making California truly great and truly prosperous, to contrihute to) wards the huilding up of a State upon this

coast, that should hecome the admiration aud envy of all, and forthe purpose of making the industrial interests to he known and sppreciated ; for the purpose of aiding in thesegreat . them in this wise: gives Congress the power to regulate commerce with foreign nations—Judge Field dissenting. The Court undertook to find on analogy hetween this case and a law of New York and Massachusetts, which put a tax upon alien passengers arriving in the ports of New York and Boston. In the argument of that case it was my duty, as attorney for the State, to endeavor to sustain the law. One or two extracts from the brief filed at that time, express my unchanged opinion upon the propriety of inviting to our shores a race with which we can never assimilate, . In commenting upon the passenger laws I ssid New York aud Boston, the two great em. poriums of American trade, the two grest entrepots of foreign commorce, sought to impose for the benefit of their respective localities (already grown rich and prosperous from this trade), a-tax upon alien passengers. These aliens were tho sturdy, industrious immigrants of Christian, Europe; they had duriug half ao century and more huilt up the great empire of the Amerioan Union; they were then contributing to the settlement and development of the West. Before their sturdy march forests disappesred,. the Indian retired, snd. civilized States sprsng up in their path. To secure this immigration had heen the chosen policy of tbe Government: Laws of naturalization were made for its, encoursgement. Immigration societies sent apostles to preach the izducemonts of American residence throughout Europe. -Great political psrties vied with eacb other in this hid for immigration, and then hid fer proselytes to their polit‘. ical faith. It was not, therefore, strange that when two cities on the sea-coast sought to make . their ports the go!den gates through which this current of passengers should pay tributo, that every sentiment of fairness should array itsolf against this selfish extortion; that this sentiment penetrated within the sacred precincts of the Courts, and that even the Judges of the Supreme Court of the United States, always somewhat inclined to enbance their own dignity of position by taking power to the tribunal over which they presided, caught this opportunity of taking power from States and conferring it upon the United States, But how would it hsve heen if, instead of the two cases from New York and Boston, where by State laws they sought to exact a tribute from the poor immigrant whom the whole nation was coaxing to its shores, there had been presented the csse of the People of the Stste ot California against Downer, in 7 California Reports, where the People of California had, for the purpose of discoursging Chinese immigration, impossd a tax of $50 upon their landing, and the argument had gone to The State of California had heen conquered from Mexico by tho hlood of our citizens, had heen settled by the enterprise of the young men of the American people; hore they hsd hrought their families and made their homes; here they had discovered iuexhaustible resources of mineral wealth— gold, silver, copper, quicksilver and coal. Geographically, we are on the very western verge of the coutinent, and this hrings us in vicinage with Asia and its redundaut millions of inhahitants, who possoss all the vices, follies and diseases incident to redundancy of population. An avaricious people, they have been induced hy greed of gold to’ hreak down their harriers of prejudice, and withdrawing themselves from the isolation of centuries, they have overloaped their great wall ot Chinese exclusivuness, and are, like the lice and frogs of Egypt, overrunning our people; they inundato vur shores and hasten to our mines to rob us of the gold which is the inheritunce of our miners; they bring their own supplies, that they may not enrich our merchants ; they bring no wives o¢ virtuous womon to our land; they speak not our language and seek not to acquiro it; they do not attond our schools and hring none of their youth who might, in time assimilate with our peuple; they are of a different race, lineageand tongue, and cannot mingle with us; they belicvo not in tbe Christian religion, worship not the Christian God, but bring with them the graven images of their idolatry, and avoiding our Christian churches huild their heathen temples, and practice their barbarous rites in our midst. By the laws of China, virtuous women are forbidden to immigrate, and in their place comes the most vile and shandoned from their sea ports, with dresdful diseases that defy the skill of surgery and the art ot medicine; in the midst of our streets, in the presence of our wives and daughters they practice with shameful impudence thoir hrazen arts of harlotry. Accompsnying them is the gambler, the opium eater, the debauchee, who live with and upon these abandoued wemen and make night hideous with the insane ravings of their intoxicated madness and the howlings of their strange éxcitement. Asan offset to thisdemoralization, they come in our ships, as they have none of their own}; tbey huy boots which they have not the ingenuity to make, they consume some hraudy of most poisonous kind, they ride in our stage coaches from ono mine to another as they deplete our placers; they import and sell goods and trade with each other, to the injury of our merchants; they hring not here any part of the usoful industry of their country; they import their rice but make no effort to produce it from our tule lands, useless for other cultivation; they import their sugar, nor seek to ndd to Cabfornia’s productions by attempting to raise it here. In a word they are a nuisance in society, are useless to the commerce of the State, are a curse in the community,and areonly endured hy a patient people hecause there is a I shsll not disouss the question of slavery, it has hed its dey, it hes performed its mission and slavery no longer exists in the land. But we have n duty to perform toward the emsncipated hlacks, from which we must not shrink nor turn back. They must not be imposed upon by-their former mssters; idleness and -vagrancy must not he permilted, ignorance removed, industry euforeed, and justice, hetween maater and servant, firmly administered. The African wss born on Southern soil, and however hard may have becn his lot, he is attached to that soil; to bim the plantation is home, and the South his native land. 16 is his natural right to live whore he wss born; to die on the soil which gave him birth and on which long generations of his ancestors have toiled, is his legitimate heritage. It is a remarkable fact, that during this long and hloody civil war, the issue of which involvod thy freedom of the slave, there was no slave insurrection, not an organized strike for liberty. Whether the negro was content ~ with his lot, whother he was _ hrutalized with long gonerations of servitude, whether he was ignorant of the principles at issue, or whether he reposed upon the conviction that his deliverance was in the hands of » highor and mightier authority, we know not; the fact is fevertheless a remarkahle one, that within the sounding roar of artillery that thundered forth to him the hope of freedom, ho was content for four years to do his master’s work ; not from fear, because when on the hattle-field ho exhibited a courage eqnal to the noblest race; dot from ignorance, fur wherever tho armies went, there had gone before them tho informstion of the war; not because the black lacked fidelity to the hope of their emancipstidn, for the loyal fugitive could always depend upon the aid of the slave, to guide, and feed, and protect him. I account for this fset in no other way than this; the African loves the spot of his hirth; he is timid and not self-reliant; he loves his home; he is heldhy the memories of childhvod days; he is attached to his domestic hearth; he will not willingly sever the ties thst hind him to home, and wife, and child, and mother, for the uncertain exporiment of freedom ina strange part. This element iuthe uegro character, will, in my opinion, enter into and make easy tho establishment of new relations hetween the master and the slave. Mutusl interest will control, and I look forward to the speedy coming time, when inall the Southern States, the master sball become a paying employer, the negro a willing _lahorer, with contentinent and prosperity to hoth. Let the Negro fill the position which God has given him. Let him he protected in his freedom ; in bis domestic ties ; lot him be compensated for his labor; let him be educated to the extent of his capacity ; let him he protected in his life and property ; let him have freedom of religious worship, snd let him be content. Either his race, or mine, is the superior. I think mine is, but whethor it is er not, becsuso it is mine, I would have it retain all the politieal power ; I would not invest the Negro with the privilege of the elvetiye franchise; I would not qualify him as a juror or enable him fo holdoffice or in any wey seek to esta lish with him relations of social equality. From centuries uf darkness he emerges to the light of a hrilliant day, and at a fearful cost to our conntry ; after generations of ignorance and slavery, though not; his fault. he must serve some time a pupilsage to intelligence and freedom. When, in later years he shall havo demonstrated his capacity for the respongible enjoyment of the electivo privilege, it will then be timo enough to consider it. I would rather limit the elective privilege, by taking it awsy from the ignorant, the vicious, and the disloyal of my own race, than by indiscriminate extension to tho Africau aud Mongolian. In reference to the Chinese: It must be ad mitted that there ara some present nnd immediate henefits attending the presence ainong us of the industrious working male. they work exhausted placers, content with smaller gains than the white laborer, and it is undoubtedly desirable to extract this gold and give it circulation, although but even a small percentage inures to the benefit of the country, rather than have it buricd in our hills. The Chinese do much of the menial work, and are employed in certain classes of manufacturing with profit, doing that lighter work which in Europe is performed by women and children, and thus perhaps, enabling manufacturés to employ white laborers in gteater number by reason of their profits from the Asiatic. But, in my opinion, the evils to be anticipated from Chinese immigration outweigh all the henefits, and that it is not wise or prudent to advance our national interests at the expense of the moral welfare of our people. While therefore, I am prepared to concede the desirableness of certain classes of tho Chinese, their merchants, and industrious laborers, and concede that they are innoffensive and law-abiding, I must not omit tbis opportunity to denounce as hurtful “and destructive, the immigration of their women, their gamhlers and opium eaters, whose presence in our towns aud villages is most demoralizing and whose existence in the very heart of the city of San Francisco, is an offeusive sight. Our Supreme Court in the caso of Lin Sing against Washburn, has determined that the Act of 1862: “An Act to protect free white labor agoinst the competition with Chinese Coolie lobor ond discouroge the immigration of the Chinese into the Stote of Colifornio,’ was An violation of the Constitution of the United States, which