Bill Text: CA SJR23 | 2013-2014 | Regular Session | Chaptered
Bill Title: Chinese Americans in California.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2014-08-28 - Chaptered by Secretary of State. Res. Chapter 134, Statutes of 2014. [SJR23 Detail]
Download: California-2013-SJR23-Chaptered.html
BILL NUMBER: SJR 23 CHAPTERED
BILL TEXT
RESOLUTION CHAPTER 134
FILED WITH SECRETARY OF STATE AUGUST 28, 2014
ADOPTED IN SENATE AUGUST 21, 2014
ADOPTED IN ASSEMBLY AUGUST 19, 2014
AMENDED IN ASSEMBLY AUGUST 18, 2014
AMENDED IN SENATE MAY 22, 2014
INTRODUCED BY Senators Huff and De León
(Coauthors: Senators Padilla and Steinberg)
(Coauthors: Assembly Members Conway, Fong, Waldron, and
Wieckowski)
APRIL 10, 2014
Relative to Chinese Americans in California.
LEGISLATIVE COUNSEL'S DIGEST
SJR 23, 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, and would
request Congress to adopt resolutions of apology to the Chinese
American community for enactment of the Chinese exclusion laws.
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 regression, 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 federal 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 1880s, 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 character"; 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. 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 that an
apology, not an expression of regret, is most appropriate for
redressing past transgressions. 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
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 by the Senate and the Assembly of the State of
California, jointly, 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.
