Speech #500118639

The States have their powers from the people who created the State governments. The Constitution says that Congress shall not prohibit to the States "now existing." until the year 1803. the migration of any persons they see fit to admit. Suppose Congress does not today prohibit immigration of Chinese to California. The Constitution does not give California the power to admit or to prohibit immigration. but the people of California have given the State government that power. and the Constitution of the United States admits that the people of California have the right in the absence of that prohibition to admit or prohibit. That power is uninterfered with by the Constitution and exists by virtue of the grant of power from the people of California in absolute plenitude. Therefore I take it neither the Senator from Oregon nor any one else will question the fact in the absence of a prohibition by Congress that the power of any State is ample to admit or reject. but my proposition is. that with Congress consenting to and aiding the execution of the State power with a treaty stipulation with China. that no Chinaman shall be permitted to remain within the State of California for any length of time who is objectionable. or even not to enter there. and the State laws of California prohibiting it. it is perfectly within the power of California or of Oregon today. with this consenting legislation of the United States. that not a single Chinaman of any class. laborer. skilled or unskilled. scholar. scientist. philosopher. or any class of people. shall be permitted even to breathe the air of California or Oregon.