Both of the great political parties pandered to the leaders of the crusade against the Chinese for the sake of electoral votes, and in the Pacific States the friends of the Chinese were forced to keep still or to publicly speak contrary to their convictions. The orators of the "Sand Lots" were in power, and the policy of the whole country was dictated by the most ignorant and prejudiced of our citizens. Both of the great parties ratified the outrages committed by the mobs, and proceeded with alacrity to violate the treaties and solemn obligations of the Government. These treaties were violated, these obligations were denied, and thousands of Chinamen were deprived of their rights, of their property, and hundreds were maimed or murdered. They were driven from their homes. They were hunted like wild beasts. All this was done in a country that sends missionaries to China to tell the benighted savages of the blessed religion of the United States.
At first a demand was made that the Chinese should be driven out, then that no others should be allowed to come, and laws with these objects in view were passed, in spite of the treaties, preventing the coming of any more. For a time that satisfied the haters of the Mongolian. Then came a demand for more stringent legislation, so that many of the Chinese already here could be compelled to leave. The answer or response to this demand is what is known as the Geary Law.
By this act it is provided, among other things, that any Chinaman convicted of not being lawfully in the country shall be removed to China, after having been imprisoned at hard labor for not exceeding one year. This law also does away with bail on habeas corpus, proceedings where the right to land has been denied to a Chinaman. It also compels all Chinese laborers to obtain, within one year after the passage of the law, certificates of residence from the revenue collectors, and if found without such certificate they shall be held to be unlawfully in the United States.
It is further provided that if a Chinaman claims that he failed to get such certificate by "accident, sickness or other unavoidable cause," then he must clearly establish such claim to the satisfaction of the judge "by at least one credible white witness."
If we were at war with China then we might legally consider every Chinaman as an enemy, but we were and are at peace with that country. The Geary Act was passed by Congress and signed by the President simply for the sake of votes. The Democrats in Congress voted for it to save the Pacific States to the Democratic column; and a Republican President signed it so that the Pacific States should vote the Republican ticket. Principle was forgotten, or rather it was sacrificed, in the hope of political success. It was then known, as now, that China is a peaceful nation, that it does not believe in war as a remedy, that it relies on negotiation and treaty. It is also known that the Chinese in this country were helpless, without friends, without power to defend themselves. It is possible that many members of Congress voted in favor of the Act believing that the Supreme Court would hold it unconstitutional, and that in the meantime it might be politically useful.
The idea of imprisoning a man at hard labor for a year, and this man a citizen of a friendly nation, for the crime of being found in this country without a certificate of residence, must be abhorrent to the mind of every enlightened man. Such punishment for such an "offence" is barbarous and belongs to the earliest times of which we know. This law makes industry a crime and puts one who works for his bread on a level with thieves and the lowest criminals, treats him as a felon, and clothes him in the stripes of a convict,—and all this is done at the demand of the ignorant, of the prejudiced, of the heartless, and because the Chinese are not voters and have no political power.
The Chinese are not driven away because there is no room for them. Our country is not crowded. There are many millions of acres waiting for the plow. There is plenty of room here under our flag for five hundred millions of people. These Chinese that we wish to oppress and imprison are people who understand the art of irrigation. They can redeem the deserts. They are the best of gardeners. They are modest and willing to occupy the lowest seats. They only ask to be day-laborers, washers and ironers. They are willing to sweep and scrub. They are good cooks. They can clear lands and build railroads. They do not ask to be masters—they wish only to serve. In every capacity they are faithful; but in this country their virtues have made enemies, and they are hated because of their patience, their honesty and their industry.
The Geary Law, however, failed to provide the ways and means for carrying it into effect, so that the probability is it will remain a dead letter upon the statute book. The sum of money required to carry it out is too large, and the law fails to create the machinery and name the persons authorized to deport the Chinese. Neither is there any mode of trial pointed out. According to the law there need be no indictment by a grand jury, no trial by a jury, and the person found guilty of being here without a certificate of residence can be imprisoned and treated as a felon without the ordinary forms of trial.
This law is contrary to the laws and customs of nations. The punishment is unusual, severe, and contrary to our Constitution, and under its provisions aliens—citizens of a friendly nation—can be imprisoned without due process of law. The law is barbarous, contrary to the spirit and genius of American institutions, and was passed in violation of solemn treaty stipulations.
The Congress-that passed it is the same that closed the gates of the World's Fair on the "blessed Sabbath," thinking it wicked to look at statues and pictures on that day. These representatives of the people seem to have had more piety than principle.