The treaty was negotiated in Washington on the 28th of July, 1868, but the ratifications were not exchanged until November, 1869. Fear of the evils that might result from it followed so closely upon its conclusion that General Grant, in his first annual message (December, 1869), gave this warning: "I advise such legislation as will forever preclude the enslavement of Chinese upon our soil under the name of coolies, and also to prevent American vessels from engaging in the transportation of coolies to any country tolerating the system." In his message of December, 1874, the President recurred to the subject, informing Congress that "the great proportion of the Chinese emigrants who come to our shores do not come voluntarily to make their homes with us or to make their labor productive of general prosperity, but come under contracts with head men who own them almost absolutely. In a still worse form does this apply to Chinese women. Hardily a perceptible percentage of them perform any honorable labor, but they are brought here for shameful purposes, to the disgrace of the communities where they are settled and to the great demoralization of the youth of those localities. If this evil practice can be legislated against, it will be my pleasure as well as duty to enforce and regulation to secure so desirable an end." In his message of December, 1875, he again invited the attention of Congress to "the evil arising from the importation of Chinese women, but few of whom are brought to our shores to pursue honorable or useful occupations."
These repeated communications to Congress by the President were based upon accurate information furnished from California, where the condition of Chinese immigrants had created grave solicitude in the minds of leading citizens. So serious, indeed, had it become in the view of the people of California, that the Legislature of that State, in January, 1876, memorialized Congress in favor of a modification of the treaty with China, for the purpose of averting the grave evils threatened from immigration—carried on against the letter and spirit of the treaty. Before appealing to Congress California had attempted the accomplishment of this end through laws of her own; but the Supreme Court of the United States had decided that the subject was one within the exclusive jurisdiction of Congress, and hence the State could do nothing to protect itself against what a large majority of its citizens regarded as a great danger. On the 20th of April, 1876, Mr. Sargent of California submitted a resolution, asking the Senate to "recommend to the President to cause negotiations to be entered upon with the Chinese Government to effect such change in the existing treaty between the United States and China as will lawfully permit the application of restrictions upon the great influx of Chinese subjects to this country." A few days later Mr. Sargent addressed the Senate at length on the whole subject of Chinese immigration in California, and presented in full detail the grievances of which the people on the Pacific Coast complained.
The Senate, reluctant to take at once so decisive a step as was involved in Mr. Sargent's resolution, adopted a substitute, moved by Mr. Morton of Indiana, directing that "a committee of three senators be appointed to investigate the character, extent, and effect of Chinese immigration to this country." It was afterwards enlarged by being changed into a joint committee with the addition of two members from the House. Mr. Morton of Indiana, Mr. Sargent of California, and Mr. Cooper of Tennessee were the senatorial members; Mr. Piper of California and Mr. Meade of New York were the Representatives on the joint committee. The Committee made a thorough examination of the question, visiting California and devoting a large part of the Congressional recess to the duty. Their report embraced a vast amount of information touching the Chinese immigrants in California, their religion, their superstitions, their habits, their relations to the industrial questions, to trade and to commerce. A large number of the reports were printed but nothing further was done for the session.
In the succeeding Congress, the first under President Hayes, the subject was kept alive in both branches, in the first and second sessions, by the introduction of bills and resolutions; but no conclusions were reached until the last session. Early in December (1878) a bill was introduced by Mr. Wren of Nevada, "to restrict the immigration of Chinese into the United States," and was referred to the Committee on Education and Labor. It was reported to the House by Mr. Willis of Kentucky on the 14th of January, and on the 28th, after brief debate (maintained in the affirmative by the California members and in the negative principally by Mr. Dwight Townsend of New York), the bill was passed by ayes 156, noes 72, considerably more than two-thirds voting in the affirmative.
The bill called forth prolonged debate in the Senate. The senators from California (Mr. Booth and Mr. Sargent), Mr. Thurman, Mr. Mitchell of Oregon, and Mr. Blaine, took the leading part in favor of the bill; while Mr. Hamlin, chairman of the Committee on Foreign Relations, Mr. Conkling, Mr. Hoar, and Mr. Stanley Matthews, led in opposition. The bill passed the Senate by ayes 39, noes 27. The principal feature of the measure was the prohibiting of any vessel from bringing more than fifteen Chinese passengers to any port of the United States, unless the vessel should be driven to seek a harbor from stress of weather. The bill further required the President to give notice to the Emperor of China of the abrogation of Articles V. and VI. of the Burlingame treaty of 1868. A large portion of the debate was devoted to this feature of the bill,—the contention on one side being that fair notice, with an opportunity for negotiation, should be given to the Chinese Government, and on the other, that as the treaty itself contained no provision for its amendment or termination, it left the aggrieved party thereto its own choice of the mode of procedure.
The argument against permitting Mongolian immigration to continue rested upon facts that were indisputable. The Chinese had been steadily arriving in California for more than a quarter of a century, and they had not in the least degree become a component part of the body politic. On the contrary, they were as far from any assimilation with the people at the end of that long period as they were on the first day they appeared on the Pacific Coast. They did not come with the intention of remaining. They sought no permanent abiding-place. They did not wish to own the soil. They built no houses. They adhered to all their peculiar customs of dress and manner and religious rite, took no cognizance of the life and growth of the United States, and felt themselves to be strangers and sojourners in a country which they wished to leave as soon as they could acquire the pitiful sum necessary for the needs of old age in their native land. They were simply a changing, ever renewing, foreign element in an American State. They were ready to work at a rate of wages upon which a white man could not subsist and support a family. Theirs was in all its aspects a servile labor,—one which would inevitably degrade every workman subjected to its competition. To encourage or even to permit such an immigration, would be to dedicate the rich Pacific slope to them alone and to their employers—in short, to create a worse evil in the remote West than that which led to bloody war in the South. The number at home was great. The cost of landing a Chinaman at San Francisco was less than the cost of carrying a white man from New York to the same port. The question stripped of all disguises and exaggerations on both sides, was simply whether the labor element of the vast territory on the Pacific should be Mongolian or American. Patriotic instinct, the American sentiment dominant on the borders and outposts of the Republic, all demanded that the Pacific coast should be preserved as a field for the American laborer.
President Hayes vetoed the bill rather upon the ground of the abrogation of a treaty without notice, than upon any discussion as to the effects of Chinese labor. He did not doubt that the legislation of Congress would effectually supersede the terms of the treaty, but he saw no need for a summary disturbance of our relations with China. Upon the communication of the veto to the House a vote was taken thereon without debate; and upon the question of passing the bill despite the objections of the President, the ayes were 110, the noes 96. A considerable number of gentlemen who voted for the bill on its passage had meanwhile changed their views, and they now voted to sustain the veto. Among the most conspicuous of these were Mr. Aldrich of Rhode Island, Mr. Abram S. Hewitt of New York, Mr. Blair of New Hampshire, Mr. Landers of Indiana, and Mr. Townsend of Ohio. Finding his veto sustained by Congress, President Hayes opened negotiations with the Chinese Empire for a modification of the treaty. To that end he dispatched three commissioners to China, gentlemen of the highest intelligence, adapted in every way to the important duties entrusted to them,—James B. Angell, President of Michigan University, also appointed Minister Plenipotentiary to China, John F. Swift of California, and William Henry Trescot of South Carolina. They negotiated two treaties: one relating to the introduction of Chinese into the United States, and one relating to general commercial relations. Both treaties were ratified by the Senate, and laws restricting the immigration of Chinese were subsequently enacted.
Some of the objections to the importation of Chinese on the Pacific coast apply to certain types of laborers that have been introduced in the Atlantic States from Hungary and other European countries. Where the labor is contracted for in Europe at a low price and brought to the United States to produce fabrics that are protected by customs duties, a grave injustice is done to the American laborer, and an illegitimate advantage is sought by the manufacturer. Protective duties should help both labor and capital, and the capitalist who is not willing to share the advantage with the laborer is doing much to break down the protective system. That system would indeed receive a fatal blow if it should be demonstrated that it does not secure to the American laborer a better remuneration than the same amount of toil brings in Europe. Happily the cases of abuse referred to are few in number and have perhaps proved beneficial in the lesson they have taught and the warning they have evoked. The allegation that the exclusion of the Chinese is inhuman and unchristian need not be considered in presence of the fact that their admission to the country already provokes conflicts which the laws are unable to restrain. The bitterest of all antagonisms are those which spring from race. Such antagonisms can be prevented by wise foresight more easily than they can be cured after their development is either intentionally or carelessly permitted.
President Johnson made no appointments to the Supreme Bench during his
Administration. In 1870 President Grant appointed William Strong of
Pennsylvania and Joseph P. Bradley of New Jersey Associate Justices.
The former was an addition to the court; the latter succeeded Robert
C. Grier. In 1872 he appointed Ward Hunt of New York to succeed Samuel
Nelson. In 1873 he appointed Morrison R. Waite Chief Justice to
succeed Salmon P. Chase, who died in May of that year. In 1877
President Hayes appointed John M. Harlan of Kentucky to succeed David
Davis, and in 1880 William Woods of Georgia to succeed William Strong
(retired). President Hayes nominated Stanley Matthews to succeed Noah
Swayne, but the Senate not acting on the nomination, it was renewed
by President Garfield, and Mr. Matthews was confirmed in 1881.