The Chinese Exclusion Act / Report and Resolutions Adopted by the Chamber of Commerce of the State of New York

by New York Chamber of Commerce

Secretary Evarts, in a letter to the President dated Jan. 10, 1881, says: "The treaty submitted settles the questions raised between the two countries, in a manner alike honorable and satisfactory to both. While preserving to the subjects of China engaged in mercantile pursuits, in study, in teaching or in travel for curiosity, the right of free intercourse with this country, the Chinese government has recognised, in the government of the United States, the right to regulate, limit and suspend the introduction into its territory of Chinese labor, whenever in its discretion such introduction shall threaten the good order of any locality or endanger any interest." Early in 1881 this treaty became the law of the land by the approval of the Senate, and was followed in the same year by an act passed in the Senate, "to execute certain treaty stipulations relating to the Chinese." This act provided that, "from and after the expiration of ninety days next after the passage of this act and until the expiration of twenty years, the coming of Chinese laborers to the United States be and the same is hereby suspended." The remainder of the act provides for the execution of this purpose, and defines the word laborers to mean both "skilled and unskilled laborers and Chinese employed in mining." This measure was thoroughly debated in both branches of Congress and these discussions cover the entire controversy. President Arthur returned the bill to the Senate, April 4, 1882, with his objections, which were substantially that, while the treaty gave the United States the right to limit and regulate the immigration of Chinese laborers, it did not authorize a prohibition, and that suspension for twenty years was essentially prohibition. This veto message is a valuable statement of the importance of maintaining friendly relations with China, and sustaining the traditional repute of the United States for good faith in its relations with foreign nations. It concludes as follows: "It may be that the great and paramount interest of protecting our labor from Asiatic competition, may justify us in a permanent adoption of this policy. But it is wiser in the first place to make a shorter experiment, with a view hereafter of maintaining permanently only such features as time and experience may commend."

The bill failed to pass over the veto, and on May 6, 1883, another bill was passed and approved by the President, substantially the same as the previous one, but substituting ten years for the twenty years, provided for in the original measure. It should be stated that it was provided in this act that Chinese laborers in this country, or on the way to the United States at the time of the passage of the act, should have the right to leave or return to the United States on adequate proof of the facts. This act seems to have been satisfactory to the Chinese government, and together with measures previously adopted, checked the increase of Chinese immigration. The census of 1880 gives the total Chinese population in the United States at 105,000, of which 75,000 were in California. And from the evidence of their immigration since 1880, it appears that the arrivals are offset by their departures, so that there has been no material increase of our Chinese labor population since 1876. It is stated officially that in the three years ending Aug. 1, 1885, "the Chinese population in the country decreased by fully 20,000," a conclusion sustained by the steady advance of Chinese labor on the Pacific coast during that period.

But complaints were continually coming from the Pacific coast of the violation of the provisions of the act of 1882, and supplementary measures were adopted from time to time to enforce its provisions, always however keeping within the limits of our treaty obligations. The act itself came before the U. S. Supreme Court in California, which held it to be within the limits of the Treaty of 1880.

A portion of Mr. Justice Field's opinion, Sept. 24, 1883, in the case referred to is interesting as stating the most enlightened view of the people of California on the subject of Chinese immigration. He says:

In the treaty of July 28, 1868, commonly known as the Burlingame Treaty, the contracting parties declare that "they recognize the inherent and inalienable right of man to change his home and allegiance; and also the mutual advantage of free migration and emigration of their citizens and subjects respectively from one country to the other for purposes of curiosity, of trade, or as permanent residents." In its sixth article they declare that citizens of the United States visiting or residing in China shall enjoy the same privileges, immunities, or exemptions in respect to travel or residence as may be enjoyed by the citizens or subjects of the most favored nations; and reciprocally, Chinese subjects visiting or residing In the United States shall enjoy the same privileges, immunities, or exemptions in respect to travel or residence as may there be enjoyed by citizens or subjects of the most favored nations.

Before these articles were adopted a great number of Chinese had emigrated to this State [California], and after their adoption the Immigration largely increased. But notwithstanding the favorable provisions of the treaty, it was found impossible for them to assimilate with our people. Their physical characteristics and habits kept them as distinct and separate as though still living in China. They engaged in all the industries and pursuits of the State; they came in competition with white laborers in every direction; and their frugal habits, the absence of families, their singular ability to live in narrow quarters without apparent injury to health, their contentment with the simplest fare, gave them In this competition great advantages over our laborers and mechanics (7 Sawyer, 549). They could live with apparent comfort on what would prove almost starvation to white men. Our laborers and mechanics are not content, and never should be, with the means of bare subsistence. They must have something beyond this for the comforts of a home, the support of a family, and the education of children. Competition with Chinese labor under the conditions mentioned was necessarily Irritating and exasperating, and often led to collisions between persons of the two races. It was seen that without some restriction upon the immigration of Chinese, white laborers and mechanics would be driven from the State. They looked, therefore, with great apprehension toward the crowded millions of China and of the adjacent islands In the Pacific, and felt that there was more than a possibility of such multitudes coming as to make a residence here unendurable. It was perceived by thoughtful men, looking to the possibilities of the future, that the Immigration of the Chinese must be stopped if we would preserve this land for our people and their posterity, and protect the laborer from a competition degrading in its character and ruinous to his hopes of material and social advancement. There went up, therefore, most urgent appeals from the Pacific coast to the government of the United States to take such measures as would stop the further coming of Chinese laborers. The effect of these appeals was the sending of commissioners to China to negotiate for a modification of the Treaty of 1868. The Supplementary Treaty of 1880 was the result. It authorized legislation restricting the immigration of Chinese laborers to the United States whenever our government should be of the opinion that their coming would affect or threaten the interest of the country or endanger its good order, but expressly stipulated that its provisions should not apply to other classes coming to the United States.

It may be mentioned here that among the decisions which grew out of this act, was one to the effect that nothing therein prevented the transit of Chinese passengers across the country, whether laborers or others.

Notwithstanding the plain evidence that the acts of Congress to execute the Treaty of 1880 were effectual and that former causes of alarm growing out of the rapid increase of the Chinese laboring population had been substantially removed, the irritation seemed not wholly to have ceased, and it was made the ground of further legislation hostile to the Chinese, though always with protestations of good faith, and conformity with treaty obligations. Nevertheless these measures and their execution were often the subject of friendly remonstrance on the part of the Chinese Minister at Washington, who in a letter to Secretary Bayard, March 9, 1886, claims that "the guarantees so explicitly set forth in the treaty stipulations made between China and the United States have not been made good." He adds politely that "he feels sure that the government of the United States would not intentionally injure its established reputation by even a seeming neglect to provide the means for the complete fulfilment of all treaty obligations."

We now come to the year 1888, during which was to be determined whether the Democratic administration of the government should be continued. Both of the great political parties began early to manœuvre for position and to plan for the capture of votes. Among the questions which had in previous years largely determined the issue in the Pacific States, was the question of Chinese immigration.

In March, 1888, a resolution was passed in the Senate and transmitted to the President, "That in view of the difficulties and embarrassments that have attended the regulation of the immigration of Chinese laborers to the United States, under the limitations of our treaty with China, the President of the United States be requested to negotiate a treaty with the Emperor of China, containing a provision that no Chinese laborer shall enter the United Sates."