In 1852, a special foreign miner's tax aimed at the Chinese was passed by the California legislature that was aimed at foreign miners who were not U.S. citizens. Given that the Chinese were ineligible for citizenship at that time and constituted the largest percentage of the non-white population, the taxes were primarily aimed at them and tax revenue was therefore generated almost exclusively by the Chinese.[37] This tax required a payment of three dollars each month at a time when Chinese miners were making approximately six dollars a month. Tax collectors could legally take and sell the property of those miners who refused or could not pay the tax. Fake tax collectors made money by taking advantage of people who could not speak English well, and some tax collectors, both false and real, stabbed or shot miners who could not or would not pay the tax. During the 1860s, many Chinese were expelled from the mine fields and forced to find other jobs. The Foreign Miner's Tax existed until 1870.[40]
The position of the Chinese gold seekers also was complicated by a decision of the California Supreme Court, which decided, in the case The People of the State of California v. George W. Hall in 1854 that the Chinese were not allowed to testify as witnesses before the court in California against white citizens, including those accused of murder. The decision was largely based upon the prevailing opinion that the Chinese were:
“ ... 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" and as such had no right " to swear away the life of a citizen" or participate" with us in administering the affairs of our Government.[41] ”
The ruling effectively made white violence against Chinese Americans unprosecutable, arguably leading to more intense white-on-Chinese race riots, such as the 1877 San Francisco Riot. The Chinese living in California were with this decision left practically in a legal vacuum, because they had now no possibility to assert their rightful legal entitlements or claims – possibly in cases of theft or breaches of agreement – in court. The ruling remained in force until 1873.[42]
