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From Wikipedia, the free encyclopedia

The first page of the Chinese Exclusion Act.

The Chinese Exclusion Act was a United States federal law signed into law by Chester A. Arthur on May 8, 1882, following revisions made in 1880 to the Burlingame Treaty of 1868. Those revisions allowed the U.S. to suspend immigration, and Congress subsequently acted quickly to implement the suspension of Chinese immigration, a ban that was intended to last 10 years.

Contents

Background

Chinese immigrant workers building the Transcontinental railroad.

Chinese immigrants came to America in large numbers during the 1848 California Gold Rush and in the 1860s when the Central Pacific Railroad recruited large labor groups to build its portion of the Transcontinental railroad. Large-scale immigration continued into the late 1800s, with 123,201 Chinese recorded as arriving between 1871 and 1880, and 61,711 arriving between 1881 and 1890.

At first, when surface gold was plentiful, the Chinese were well tolerated and well-received.[1] As gold became harder to find and competition increased, animosity toward the Chinese and other foreigners increased. After being forcibly driven from the mines, most Chinese settled in enclaves in cities, mainly San Francisco, and took up low end wage labor such as restaurant work and laundry. With the post Civil War economy in decline by the 1870s, anti-Chinese animosity became politicized by labor leader Dennis Kearney and his Workingman's Party[2] as well as by California Governor John Bigler, both of whom blamed Chinese "coolies" for depressed wage levels. Another significant anti-Chinese group organized in California during this same era was the Supreme Order of Caucasians with some 64 chapters statewide.

The Act

The first page of a twenty one page interrogation transcript of Yee Bing Quai. He is interrogated by Inspector Charles E Golding with clerk Marion T Lovett recording and David Lee interpreting, June 15, 1938, in Boston, MA.

The Chinese Exclusion Act was a significant restriction on free immigration in U.S. history. The Act excluded Chinese "skilled and unskilled laborers and Chinese employed in mining" from entering the country for ten years under penalty of imprisonment and deportation.[3][4] The few Chinese non-laborers who wished to immigrate had to obtain certification from the Chinese government that they were qualified to immigrate, which tended to be difficult to prove.[4] Volpp argues that the "Chinese Exclusion Act" is a misnomer, in that it is assumed to be the starting point of Chinese exclusionary laws in the United States. She suggests attending to the intersections of race, gender, and U.S. citizenship in order to both understand the restraints of such a historical tendency and make visible Chinese female immigration experiences, including the Page Act of 1875.[5]

The Act also affected Asians who had already settled in the United States. Any Chinese who left the United States had to obtain certifications for reentry, and the Act made Chinese immigrants permanent aliens by excluding them from U.S. citizenship.[3][4] After the Act's passage, Chinese men in the U.S. had little chance of ever reuniting with their wives, or of starting families in their new home.[3]

Amendments made in 1884 tightened the provisions that allowed previous immigrants to leave and return, and clarified that the law applied to ethnic Chinese regardless of their country of origin. The Scott Act (1888) expanded upon the Chinese Exclusion Act, prohibiting reentry after leaving the U.S. The Act was renewed for ten years by the 1892 Geary Act, and again with no terminal date in 1902.[4] When the act was extended in 1902, it required "each Chinese resident to register and obtain a certificate of residence. Without a certificate, he or she faced deportation."[4]

Between 1882 and 1905, about 10,000 Chinese appealed against negative immigration decisions to federal court, usually via a petition for habeas corpus.[6] In most of these cases, the courts ruled in favor of the petitioner.[6] Except in cases of bias or negligence, these petitions were barred by an act that passed Congress in 1894 and was upheld by the U.S. Supreme Court in U.S. vs Lem Moon Sing (1895). In U.S. vs Ju Toy (1905), the U.S. Supreme Court reaffirmed that the port inspectors and the secretary of commerce had final authority on who could be admitted. Ju Toy's petition was thus barred despite the fact that the district court found that he was an American citizen. The Supreme Court determined that refusing entry at a port does not require due process and is legally equivalent to refusing entry at a land crossing. This ruling triggered a brief boycott of U.S. goods in China.

One of the critics of the Chinese Exclusion Act was the anti-slavery/anti-imperialist Republican Senator George Frisbie Hoar of Massachusetts who described the Act as "nothing less than the legalization of racial discrimination."[7]

The laws were driven largely by racial concerns; immigration of persons of other races was unlimited during this period.[8]

On the other hand, many people strongly supported the Chinese Exclusion Act, including the Knights of Labor,[9] a labor union which called for improved conditions for workers, who supported it because it believed that industrialists were using Chinese workers as a wedge to keep wages low and conditions poor. Among labor and leftist organizations, the Industrial Workers of the World were the sole exception to this pattern. The IWW openly opposed the Chinese Exclusion Act from its inception in 1905.[10]

Effects and aftermath

A political cartoon criticizing how the US is protesting against the fact that Russia is excluding Jewish People, yet the US are excluding Chinese people.
Certificate of identity issued to Yee Wee Thing certifying that he is the son of a US citizen, issued Nov. 21, 1916. This was necessary for his immigration from China to the United States.

For all practical purposes, the Exclusion Act, along with the restrictions that followed it, froze the Chinese community in place in 1882, and prevented it from growing and assimilating into U.S. society as European immigrant groups did.[3] Limited immigration from China continued until the repeal of the Chinese Exclusion Act in 1943. From 1910 to 1940, the Angel Island Immigration Station on what is now Angel Island State Park in San Francisco Bay served as the processing center for most of the 56,113 Chinese immigrants who are recorded as immigrating or returning from China; upwards of 30 percent more who showed up were returned to China. Furthermore, after the 1906 San Francisco earthquake, which destroyed City Hall and the Hall of Records, many immigrants (known as "paper sons") claimed that they had familial ties to resident Chinese-American citizens. Whether these were true or not cannot be proved.

The Chinese Exclusion Act gave rise to the first great wave of commercial human smuggling, an activity that later spread to include other national and ethnic groups.[11]

Later, the Immigration Act of 1924 would restrict immigration even further, excluding all classes of Chinese immigrants and extending restrictions to other Asian immigrant groups.[3] Until these restrictions were relaxed in the middle of the twentieth century, Chinese immigrants were forced to live a life apart, and to build a society in which they could survive on their own.[3]

Repeal and current status

The Chinese Exclusion Act was repealed by the 1943 Magnuson Act, which permitted Chinese nationals already residing in the country to become naturalized citizens. It also allowed a national quota of 105 Chinese immigrants per year, although large scale Chinese immigration did not occur until the passage of the Immigration Act of 1965. Despite the fact that the exclusion act was repealed in 1943, the law in California that Chinese people were not allowed to marry whites was not repealed until 1948.[12]

Even today, although all its constituent sections have long been repealed, Chapter 7 of Title 8 of the United States Code is headed, "Exclusion of Chinese."[13] It is the only chapter of the 15 chapters in Title 8 (Aliens and Nationality) that is completely focused on a specific nationality or ethnic group.

References

  1. ^ Norton, Henry K. (1924). The Story of California From the Earliest Days to the Present. Chicago: A.C. McClurg & Co.. pp. 283–296. http://www.sfmuseum.net/hist6/chinhate.html.  
  2. ^ See, e.g., http://historymatters.gmu.edu/d/5046/%7C
  3. ^ a b c d e f Exclusion. Memory.loc.gov. Accessed 2009-10-30. Note: This article incorporates text from this website, which was written by the United States federal government and is therefore in the public domain.
  4. ^ a b c d e usnews.com: The People's Vote: Chinese Exclusion Act (1882)
  5. ^ Leti Volpp "Divesting Citizenship: On Asian American History and the Loss of Citizenship Through Marriage" The Regents of the University of California. UCLA Law Review (2005).
  6. ^ a b Daniel, Roger, "Book Review"
  7. ^ Roger Daniels, Coming to America, p271.
  8. ^ Chin, Gabriel J., (1998) UCLA Law Review vol. 46, at 1 "Segregation's Last Stronghold: Race Discrimination and the Constitutional Law of Immigration"
  9. ^ Kennedy, David M. Cohen, Lizabeth, Bailey, Thomas A. The American Pageant. New York: Houghton Mifflin Company, 2002
  10. ^ The Rhetoric of Inclusion: The I.W.W. and Asian Workers, by Jennifer Jung Hee Choi
  11. ^ Zhang, Sheldon (2007). Smuggling and trafficking in human beings: all roads lead to America. Greenwood Publishing Group. p. 69. ISBN 9780275989514.  
  12. ^ Chin, Gabriel and Hrishi Karthikeyan, (2002) Asian Law Journal vol. 9 "Preserving Racial Identity: Population Patterns and the Application of Anti-Miscegenation Statutes to Asian Americans, 1910-1950"
  13. ^ US CODE-TITLE 8-ALIENS AND NATIONALITY
  • Bodenner, Chris. "Chinese Exclusion Act." Issues & Controversies in American History @ FACTS.com. 20 Oct. 2006. Facts On File News Services. 3 Nov. 2007 <http://www.2facts.com>.

See also

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Similar racially restrictive immigration policies in other countries

External links


Source material

Up to date as of January 22, 2010

From Wikisource

Chinese Immigration Act, 1923
The Chinese Exclusion Act was a United States federal law passed on May 6, 1882, following 1880 revisions to the Burlingame Treaty of 1868. Those revisions allowed the U.S. to suspend immigration, and Congress subsequently acted quickly to implement the suspension of Chinese immigration, a ban that lasted over 60 years.Excerpted from Chinese Exclusion Act (United States) on Wikipedia, the free encyclopedia.

Forty-Seventh Congress. Session I. 1882

Chapter 126.-An act to execute certain treaty stipulations relating to Chinese.

Preamble. Whereas, in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof:

Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the expiration of ninety days next after the passage of this act, and until the expiration of ten years next after the passage of this act, the coming of Chinese laborers to the United States be, and the same is hereby, suspended; and during such suspension it shall not be lawful for any Chinese laborer to come, or, having so come after the expiration of said ninety days, to remain within the United States.

SEC. 2. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land or permit to be landed, and Chinese laborer, from any foreign port of place, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may be also imprisoned for a term not exceeding one year.

SEC. 3. That the two foregoing sections shall not apply to Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of this act, and who shall produce to such master before going on board such vessel, and shall produce to the collector of the port in the United States at which such vessel shall arrive, the evidence hereinafter in this act required of his being one of the laborers in this section mentioned; nor shall the two foregoing sections apply to the case of any master whose vessel, being bound to a port not within the United States by reason of being in distress or in stress of weather, or touching at any port of the United States on its voyage to any foreign port of place: Provided, That all Chinese laborers brought on such vessel shall depart with the vessel on leaving port.

SEC. 4. That for the purpose of properly indentifying Chinese laborers who were in the United States on the seventeenth day of November, eighteen hundred and eighty, or who shall have come into the same before the expiration of ninety days next after the passage of this act, and in order to furnish them with the proper evidence of their right to go from and come to the United States of their free will and accord, as provided by the treaty between the United States and China dated November seventeenth, eighteen hundred and eighty, the collector of customs of the district from which any such Chinese laborer shall depart from the United States shall, in person or by deputy, go on board each vessel having on board any such Chinese laborer and cleared or about to sail from his district for a foreign port, and on such vessel make a list of all such Chinese laborers, which shall be entered in registry-books to be kept for that purpose, in which shall be stated the name, age, occupation, last place of residence, physical marks or peculiarities, and all facts necessary for the indentification of each of such Chinese laborers, which books shall be safely kept in the custom-house; and every such Chinese laborer so departing from the United States shall be entitled to, and shall receive, free of any charge or cost upon application therefor, from the collector or his deputy, at the time such list is taken, a certificate, signed by the collector or his deputy and attested by his seal of office, in such form as the Secretary of the Treasury shall prescribe, which certificate shall contain a statement of the name, age, occupation, last place of residence, personal description, and fact of identification of the Chinese laborer to whom the certificate is issued, corresponding with the said list and registry in all particulars. In case any Chinese laborer after having received such certificate shall leave such vessel before her departure he shall deliver his certificate to the master of the vessel, and if such Chinese laborer shall fail to return to such vessel before her departure from port the certificate shall be delivered by the master to the collector of customs for cancellation. The certificate herein provided for shall entitle the Chinese laborer to whom the same is issued to return to and re-enter the United States upon producing and delivering the same to the collector of customs of the district at which such Chinese laborer shall seek to re-enter; and upon delivery of such certificate by such Chinese laborer to the collector of customs at the time of re-entry in the United States, said collector shall cause the same to be filed in the custom house and duly canceled.

SEC. 5. That any Chinese laborer mentioned in section four of this act being in the United States, and desiring to depart from the United States by land, shall have the right to demand and receive, free of charge or cost, a certificate of indentification similar to that provided for in section four of this act to be issued to such Chinese laborers as may desire to leave the United States by water; and it is hereby made the duty of the collector of customs of the district next adjoining the foreign country to which said Chinese laborer desires to go to issue such certificate, free of charge or cost, upon application by such Chinese laborer, and to enter the same upon registry-books to be kept by him for the purpose, as provided for in section four of this act.

SEC. 6. That in order to the faithful execution of articles one and two of the treaty in this act before mentioned, every Chinese person other than a laborer who may be entitled by said treaty and this act to come within the United States, and who shall be about to come to the United States, shall be identified as so entitled by the Chinese Government in each case, such identity to be evidenced by a certificate issued under the authority of said government, which certificate shall be in the English language or (if not in the English language) accompanied by a translation into English, stating such right to come, and which certificate shall state the name, title, or official rank, if any, the age, height, and all physical peculiarities, former and present occupation or profession, and place of residence in China of the person to whom the certificate is issued and that such person is entitled conformably to the treaty in this act mentioned to come within the United States. Such certificate shall be prima-facie evidence of the fact set forth therein, and shall be produced to the collector of customs, or his deputy, of the port in the district in the United States at which the person named therein shall arrive.

SEC. 7. That any person who shall knowingly and falsely alter or substitute any name for the name written in such certificate or forge any such certificate, or knowingly utter any forged or fraudulent certificate, or falsely personate any person named in any such certificate, shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be fined in a sum not exceeding one thousand dollars, an imprisoned in a penitentiary for a term of not more than five years.

SEC. 8. That the master of any vessel arriving in the United States from any foreign port or place shall, at the same time he delivers a manifest of the cargo, and if there be no cargo, then at the time of making a report of the entry of vessel pursuant to the law, in addition to the other matter required to be reported, and before landing, or permitting to land, any Chinese passengers, deliver and report to the collector of customs of the district in which such vessels shall have arrived a separate list of all Chinese passengers taken on board his vessel at any foreign port or place, and all such passengers on board the vessel at that time. Such list shall show the names of such passengers (and if accredited officers of the Chinese Government traveling on the business of that government, or their servants, with a note of such facts), and the name and other particulars, as shown by their respective certificates; and such list shall be sworn to by the master in the manner required by law in relation to the manifest of the cargo. Any willful refusal or neglect of any such master to comply with the provisions of this section shall incur the same penalties and forfeiture as are provided for a refusal or neglect to report and deliver a manifest of cargo.

SEC. 9. That before any Chinese passengers are landed from any such vessel, the collector, or his deputy, shall proceed to examine such passengers, comparing the certificates with the list and with the passengers; and no passenger shall be allowed to land in the United States from such vessel in violation of law.

SEC. 10. That every vessel whose master shall knowingly violate any of the provisions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and condemnation on any district of the United States into which such vessel may enter or in which she may be found.

SEC. 11. That any person who shall knowingly bring into or cause to be brought into the United States by land, or who shall knowingly aid or abet the same, or aid or abet the landing in the United States from any vessel of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in a sum not exceeding one thousand dollars, and imprisoned for a term not exceeding one year.

SEC. 12. That no Chinese person shall be permitted to enter the United States by land without producing to the proper officer of customs the certificate in this act required of Chinese persons seeking to land from a vessel. And any Chinese person found unlawfully within the United States shall be caused to be removed therefrom to the country from whence he came, by direction of the United States, after being brought before some justice, judge, or commissioner of a court of the United States and found to be one not lawfully entitled to be or remain in the United States.

SEC. 13. That this act shall not apply to diplomatic and other officers of the Chinese Government traveling upon the business of that government, whose credentials shall be taken as equivalent to the certificate in this act mentioned, and shall exempt them and their body and household servants from the provisions of this act as to other Chinese persons.

SEC. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed.

SEC. 15. That the words "Chinese laborers", whenever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining.

Approved, May 6, 1882.

PD-icon.svg This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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