During all this time our relations with China had been nominally subject to a series of treaties, beginning with that of 1844, and including the famous Burlingame treaty of 1868. While the earlier agreements did not specifically mention the rights of Chinese to reside and trade in the United States, they were in fact allowed the same privileges in these respects as the citizens of other nations. By the treaty of 1868, however, the right of voluntary emigration was definitely recognized as between the two countries on the basis of the most favored nation; but the Chinese were not given the right of naturalization. From this privilege they were definitely excluded by the law of 1870.

It became evident in time that no federal legislation, satisfactory to the politicians of the western states, could be secured under the existing treaties. There arose accordingly a demand for a new treaty which would allow the passage of laws which would include the points desired by the western representatives, practically the exclusion of all Chinese not belonging to the merchant class. In response to this demand there was negotiated, after much conference between the representatives of the two nations, a new treaty in 1880. The most important feature of this new instrument was the right conferred upon the government of the United States reasonably to regulate, limit, or suspend, but not to prohibit, the coming or residence of Chinese laborers, whenever it deemed that the interests of the country demanded such action. It is under this treaty that the various Chinese exclusion acts have been passed.

The first of these acts was passed in 1882, and provided for the exclusion of Chinese laborers for a period of ten years. This was not to apply to Chinese who were already in the country, or who should enter within ninety days after the passage of the act. Such persons, who desired to leave the country and return, were required to secure a certificate, which by an amendatory act of 1884 was made the sole evidence of the right of a Chinaman to return. This act also required a certificate of the exempt classes, to be issued by the Chinese government or such other foreign governments as they might be subject to. The deportation of Chinese unlawfully in the country was also provided for by these acts.

These laws were in many respects carelessly drawn and extremely difficult of execution. In their application they entailed great expense upon the United States government, and worked extreme hardship and injustice to many Chinese. They were, nevertheless, effective as regards their main purpose, for the volume of Chinese immigration at once diminished exceedingly. The strictness of the exclusion was increased by the act of 1888, which refused return to any Chinese laborer unless he had a lawful wife, child, or parent in the United States, or owned property of the value of $1000 or had debts due him of like amount. The acts in force were extended for another ten years by the act of 1892, and again indefinitely in 1902, in each case with relatively unimportant modifications in detail.

This history of Chinese immigration is not a matter in which the citizen of the United States can take much pride. Race prejudice, bigotry, ignorance, and political ambition have played a prominent part in the agitation, and have been instrumental in securing much of the legislation. The attitude and conduct of the United States contrasts unfavorably with the position of China, which has been one of patient, courteous, dignified, but emphatic protest, and willingness to coöperate in securing reasonable and beneficial regulation. The boycott of 1905 has been her principal active reprisal. In spite of these facts, however, it would be rash to assert that the exclusion of Chinese laborers, by whatever unfortunate means accomplished, has not been of actual benefit to the United States. The assertion that the failure of the Chinese to assimilate has been due more to race prejudice and exclusiveness on the part of Americans than to unwillingness to be Americanized on the part of the Chinese, does not do away with the fact of nonassimilation. Until Americans are willing to fraternize on terms of social equality with members of any race, there is great danger to national institutions in the presence of large numbers of that race within the country.[[101]] And when we reflect how enormous Chinese immigration might easily have become in these recent years of quick and easy transportation, and excessive activity of steamship agents, contract labor agents, and others of their kind, it is apparent that if free immigration had been allowed to these people of a widely diverse race, we might now be facing a Chinese problem in this country second in gravity only to the negro question.[[102]]

By the end of this period the conditions of life in America had so changed as to diminish the general feeling of complacency toward unlimited immigration. There was in particular a growing opposition to contract labor, and an increased demand for federal control of the immigration situation, especially as all state laws in regard to the regulation of foreign immigration had been declared unconstitutional in 1876. There was a conviction in the minds of some thinkers that the United States no longer stood in need of an increased labor force. These views were clearly expressed in an article by Mr. A. B. Mason, published in 1874. Some of his statements have a new ring. “The conditions that have hitherto greatly favored immigration no longer exist in their full force.” “The labour market, especially for agricultural labour, is overstocked.” “The especial disadvantages of American labour more than counterbalance its especial advantages.” “English labour is in the main as well off as American labour.”[[103]] It is evident that the time was at hand when the competition of the foreigner in the American labor market could no longer be regarded with equanimity.

This sentiment did not bear fruit, however, until the year 1882. The only federal legislation bearing on immigration after the repeal of the favorable contract labor law in 1868 up to this date, was the act of March 3, 1875, prohibiting the importation or immigration into the United States of women for the purpose of prostitution, and also prohibiting the immigration of criminals, convicted of other than political offenses. This law, while couched in general terms, was an outcome of the anti-Chinese agitation, and was passed with this race particularly in mind.

CHAPTER VI
MODERN PERIOD. FEDERAL LEGISLATION

The year 1882 stands as a prominent landmark in the history of immigration into the United States. In that year the total immigration reached the figure of 788,992, a point which had never been reached before and was not reached again until 1903. It witnessed the climax of the movement from the Scandinavian countries, and from Germany; only once since then has the immigration from the United Kingdom reached the amount of that year. It coincides almost exactly with the appearance of the streams of immigration from Italy, Austria-Hungary, and Russia of sufficient volume to command attention. In that year the first Chinese exclusion act and the first inclusive federal immigration law were passed. Consequently the year 1882 stands as a natural and logical beginning of the modern period of immigration, a period during which the immigration movement has been marked by characteristics so peculiarly new and definite as to distinguish it sharply from anything which went before. The discussion of immigration during this period is in all its essentials the discussion of a present-day problem.

One of the most distinctive and obvious characteristics of this period has been the growth of a complicated body of federal immigration laws. These have put the whole immigration question on a new basis, and deserve to be considered in some detail. In the following review, only those sections of the successive laws which contain matter that is of general importance have been included. All merely technical details and many of the provisions regarding penalties and the practical administration of the laws have been omitted.