The Treaty With China


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taxation without representation. In California the law imposes a  
burdensome mining tax upon Chinamen--a tax which is peculiar in its  
nature and is not imposed upon any other miners, either native or  
foreign--and the legislature that created this rascality knew the law  
was in flagrant violation of the constitution when they passed it.  
Mr. Cushing, a great lawyer, and formerly minister to China, says  
that nearly all the Pacific coast laws relating to Chinamen are  
unconstitutional and could not stand in a court at all. The Chinese  
mining tax has been collected with merciless faithfulness for many  
years--often two or three times, instead of once--but its collection  
will have to be discontinued now. Treaties of the United States override  
the handiwork of even the most gifted of State legislatures. In San  
Francisco if a Chinaman enters a street car to ride with the Negroes  
and the Indians and the other gentlemen and ladies, the magnificent  
conductor instantly ejects him, with all the insolence that $75 a month  
and official importance of microscopic dimensions confer upon small  
people. The Chinaman may ride on the front platform, but not elsewhere.  
Hereafter, under the ample shadow of Article 6, he may ride where he  
pleases. Chinamen, the best gardeners in America, own no gardens. The  
laws of California do not allow them to acquire property in real estate.  
Article 6 does, though. Formerly, in the police court, they swore  
Chinamen according to the usual form, and sometimes, where the  
magistrate was particularly anxious to come at the truth, a chicken was  
beheaded in open court and some yellow paper burned with awful solemnity  
while the oath was administered--but the Chinaman testified only against  
his own countrymen. Things are changed now, however, and he may testify  
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