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People v. Hall | |
---|---|
Decided 1854 | |
Citation(s) | People v. Hall, 4 Cal 399 (1854). |
Case opinions | |
Decision by | Chief Justice Hugh Murray |
Dissent | Alexander Wells |
The People of the State of California v. George W. Hall or People v. Hall, 4 Cal. 399, was an appealed murder case in the 1850s in which the California Supreme Court established that Chinese Americans and Chinese immigrants had no rights to testify against white citizens. The opinion was delivered in 1854 by Chief Justice Hugh Murray with the concurrence of Justice Solomon Heydenfeldt.[1]
- This broad-ranging text offers a comprehensive treatment of how visual images, language and discourse work as 'systems of representation'. Individual chapters explain a variety of approaches to representation, bringing to bear concepts from semiotic, discursive, psychoanalytic, anthropological, sociological, feminist, art-historical and Foucauldian models of representation.
- In CS is none other than Stuart Hall. Rightly, I think, Hall (1992a: 278-92) highlights the risk of 'an extremely slack form of pluralism'. He warns of an 'overwhelming textualization of cultural studies' own discourses' that turns power into 'an easy floating signifier' and the field of study into 'every.
The ruling effectively freed Hall, a white man, who had been convicted and sentenced to death for the murder of Ling Sing, a Chinese miner in Nevada County. Three Chinese witnesses had testified to the killing.[1][2]
The Spectacle of the Other- Stuart Hall Representing the Difference 'Myth' - Barthes Power + Media + Stereotypes.
Background[edit]
Accession of California to the United States[edit]
With the conclusion of the Mexican–American War, the area of Alta California (which contains the modern U.S. state of California and some other states to its east) came under the control of the United States. Formally, the area was ceded to the United States as part of the Treaty of Guadalupe Hidalgo. In 1850, California formally joined the United States as the 31st state. Other parts of Alta California that became all or part of later U.S. states included Arizona, Nevada, Utah, Colorado, and Wyoming.
California Gold Rush and Chinese migration to California[edit]
In early 1848, gold was discovered in California. This led to the California Gold Rush, where people from the United States, Mexico, and China arrived at California in search of gold. Although mining was the original attraction, many Chinese moved into the cities to provide services. Although their competition in mining was not liked by the whites in California, their presence in city services was initially highly appreciated.[3]
Legal background[edit]
Section 14 of the Act concerning Crime and Punishment, passed in 1850, stated that 'No black or mulatto person, or Indian, shall be allowed to give evidence in favor of, or against a white man.'[4][1] As written, the Section did not appear to apply to Chinese witnesses.
Between 1849 and 1854, Chinese had made use of the California court systems, with varying degrees of success. For instance, Ah Toy, a female from China who arrived at San Francisco in 1848, started a brothel in 1850, becoming the first Chinese madam operating in the United States. She attempted to use California's court system to seek justice twice:
- She unsuccessfully sued a group of miners for paying her in brass filings instead of gold dust.[5][6]
- In August 1852, she threatened to sue Yee Ah Tye, a notorious Chinese leader, for extortion, claiming that he had demanded that her prostitutes pay him a tax. Yee Ah Tye backed down, although he would later be imprisoned for other charges.[7]
Case decision[edit]
In 1853, a California court convicted George Hall, a white man, of the murder of Ling Sing, a Chinese miner, based on the testimony of Chinese witnesses.[2] George Hall appealed the verdict, arguing that the testimony of the Chinese witnesses should not be accepted and that Section 394 of the Act Concerning Civil Cases, which barred the use of testimony by blacks, mulattoes, and Indians against whites, should also be extended to banning the testimony of Chinese. The California Supreme Court, in an opinion delivered by Chief Justice Hugh Murray with the concurrence of Justice Solomon Heydenfeldt, sided with Hall.[1][2]
The case has been described as 'containing some of the most offensive racial rhetoric to be found in the annals of California appellate jurisprudence' and 'the worst statutory interpretation case in history.'[8]
In support of its decision to include Chinese people within the class prohibited from giving evidence in favor of or against a white man, the California Supreme Court in the majority opinion stated the following about Chinese people:[9]
'The same rule which would admit them to testify, would admit them to all the equal rights of citizenship, and we might soon see them at the polls, in the jury box, upon the bench, and in our legislative halls.'
'This is not a speculation which exists in the excited and over-heated imagination of the patriot and statesman, but it is an actual and present danger.'
'The anomalous spectacle of a distinct people, living in our community, recognizing no laws of this State, except through necessity, bringing with them their prejudices and national feuds, in which they indulge in open violation of law; whose mendacity is proverbial; a race of people whom nature has marked as inferior, and who are incapable of progress or intellectual development beyond a certain point, as their history has shown; differing in language, opinions, color, and physical conformation; between whom and ourselves nature has placed an impassable difference, is now presented, and for them is claimed, not only the right to swear away the life of a citizen, but the further privilege of participating with us in administering the affairs of our Government.'
The case had a dissenting opinion written by Justice Alexander Wells which simply stated: 'From the opinion of the Chief Justice, I most respectfully dissent.'[10]
Consequences and responses[edit]
The case did not make violence against Chinese de jure legal: it was still possible to convict a white person of murdering Chinese if credible white witnesses, or other reliable evidence, could be produced. However, it de facto made it much easier for whites to get away with violence against Chinese.[2]
Ah Toy, the successful Chinese madam, closed down her brothel. While this was primarily because of the anti-prostitution laws instituted in California, it is also believed to have been motivated in part by the increased risk of harassment due to the decision in People v. Hall.
In 1860, Pun Chi, a businessman from China, wrote an impassioned appeal challenging the verdict in People v. Hall and in general challenging the negative view of Chinese in California. His appeal was translated to English by the Presbyterian minister William Speer in 1870.[11]
A state law passed in 1873 invalidated all testimony laws, and therefore overrode the decision in People v. Hall.[citation needed]
See also[edit]
References[edit]
- ^ abcd'THE PEOPLE, RESPONDENT, v. GEORGE W. HALL, APPELLANT. Supreme Court of the State of California, 1854'. Retrieved March 20, 2016.
- ^ abcdSmith, S. E. 'Laying Some History On You: People v. Hall'. Retrieved March 20, 2016.
- ^Henry Kittredge Norton. 'The Chinese'. Retrieved March 20, 2016.
- ^California State Assembly. 'An Act concerning Crimes and Punishments'. First Session of the Legislature. Statutes of California. State of California. Ch. 99 § 14 p. 229.
No black or mulatto person, or Indian, shall be permitted to give evidence in favor of, or against, any white person. Every person who shall have one eight part or more of Negro blood shall be deemed a mulatto, and every person who shall have one half of Indian blood shall be deemed an Indian.
- ^'A short history of bordellos in San Francisco, part 2. The madams behind the whole sordid business'. Marina Times. September 1, 2012. Retrieved March 20, 2016.
- ^Barmann, Jay (April 3, 2015). 'San Francisco's 16 Greatest Infamous Local Legends'. Archived from the original on March 31, 2016. Retrieved March 20, 2016.
- ^'Chinese Immigrants and the Gold Rush'. PBS. Retrieved March 20, 2016.
- ^Traynor, Michael. 'The Infamous Case of People v. Hall (1854)'. California Supreme Court Historical Society Newsletter (Spring/Summer 2017): 2.
- ^People v. Hall, 4 Cal. 399, 404-405 (October 1854).
- ^People v. Hall, 4 Cal. 399, 405 (October 1854).
- ^''We Chinese Are Viewed Like Thieves and Enemies': Pun Chi Appeals to Congress to Protect the Rights of Chinese, ca. 1860'. History Matters. Retrieved March 20, 2016.
Hall Spectacle Of The Other Pdf Converter
External links[edit]
Retrieved from 'https://en.wikipedia.org/w/index.php?title=People_v._Hall&oldid=980262329'
Why are popular representations so drawn upon?
Where did popular figures and stereotypes come from?
How do we class ‘otherness’?
What is ‘other’?
These are all questions we should be asking ourselves.
Henrietta Lidchi looked at the Ethnographic museum (a national museum in Budapest, Hungary) and their project on “The West” from other cultures depict how the west live, racial and ethnic differences being prominent.
These stereotypes typically have been found to come form commercial adverting and magazine illustrations since the late nineteenth century beginning with the competitive world of modern day bodily aesthetics.
In “The chemical Olympics” magazine, a lead story was based on “Drug taking in athletes” specifically talking about Ben Johnson, when he used drugs to enhance his performance. Looking at the picture above before you knew that information, you could say it’s message is; ‘A triumphant moment for Johnson’ however when you know its also captioned ‘heros and villians’, it changes the meaning. When you are more informed, it could suggest that no matter what colour or race you are, everyone is susceptible to being a villain OR hero.
At a devotive level the image is “a picture of the 100 metres race”, however on a connotative level or sub theme being the drug story is ‘race’ and ‘difference’. Having these 2 meanings gives the magazine the choice with what to play on, giving the image a ‘preferred meaning’.
Society Of The Spectacle Pdf
Roland Barths (1977) argues that when you caption an image, the words are stuck with it. The discourse of the words and discourse of the image produce a ‘fixed’ meaning. Barths would specifically talk about the image of Johnson and call it a ‘meta-message’ or myth about race, colour and otherness because of what I have spoken about above with duel meaning.
Similarly Linford Christie won the 100 meters as well, while on the British team. Some where racial to him, arguing he was not British. In answer to this, he explained he was born in Jamaica and lived there until he was seven when he moved to live in the UK. He was a British citizen 27 years before he won the medal. Just because he was not ‘white’ do not mean he should be ‘othered’ by our western society.
Why does ‘difference’ matter?
Hall Spectacle Of The Other Pdf Download
It is something that is both necessary and dangerous. Without it ‘meaning’ would not exist, however it is far to easy for us to compare, which can digress to a negative. “we can only construct meaning through dialogue with “other” explains Mikhal Bakhtin.