People v. George Hall

In People v. George Hall (1854), the California Supreme Court ruled that a Chinese person could not testify against a white person in a California court. The court overturned the murder conviction of a white man by invalidating the testimony of Chinese witnesses for the prosecution based on a state law prohibiting “black or mulatto person(s), or Indian(s)” from giving testimony against whites in court. Writing for the majority, Chief Justice Hugh C. Murray argued that the term “Indian” was meant to include Asians, whom he characterized as a genetically inferior people largely “incapable of progress” and unfit to participate in determining the fate of white Californians. People v. George Hall provides a striking example of how the philosophy of white supremacy dominated the political and social structures of the antebellum United States. In addition, the case demonstrates the pervasiveness of anti-Asian sentiments in the nineteenth century American West and illustrates how state officials in California legalized the classification of Asian Americans as second-class citizens during the nineteenth and early twentieth centuries. The California Supreme Court upheld the Hall decision eighteen years later in People v. McGuire (1872), but legislation that overturned state laws restricting the legal testimony of Chinese Americans took effect in January, 1873, nullifying court decisions upholding the restrictive statutes.

96397568-96593.jpg96397568-96594.jpg

Bibliography

Ancheta, Angelo N. Race, Rights, and the Asian American Experience. New Brunswick: Rutgers UP, 1998. 28–30. Print.

Gallagher, Charles A. Race and Racism in the United States: An Encyclopedia of the American Mosaic. Santa Barbara: Greenwood, 2014. Print.

Min, Pyong Gap, and Rose Kim. Struggle for Ethnic Identity: Narratives by Asian American Professionals. Walnut Creek: AltaMira, 1999. Print.

Rothenberg, Paula S. Race, Class, and Gender in the United States: An Integrated Study. New York: St. Martin, 1998. Print.

Wang, Xinyang. Surviving the City: The Chinese Immigrant Experience in New York City, 1890–1970. Lanham: Rowman, 2001. Print.