The Encyclopedia Americana (1920)/Chinese Immigration

CHINESE IMMIGRATION. Until the California gold discoveries of 1848 there were literally no Chinese laborers in the United States. From 1840 to 1850, according to the records of immigration, only 35 came over, and those all in the year from June 1849 to June 1850. During the next decade 41,397 Chinese came to the port of San Francisco, of whom about 6,500 returned to China, leaving the net Chinese population in 1860 34,933, nearly all in California. For some years the general feeling continued to be favorable, as labor was dear and domestic service almost impossible to obtain; and the Chinese laborer, and above all, the Chinese house servant, seemed to make industrial progress and lives of refined leisure possible. In 1858 the Reed Treaty was negotiated, and no restriction was placed on immigration. In 1862 the California legislature appointed an investigating committee on the subject; but it was still felt to be only a local nuisance, not calling for any hasty or severe measures. Even as late as 1868 the Burlingame Treaty with China, though reprobating enforced immigration (coolies under contract), asserted the right of migration to be inherent in the human race; and on 27 July 1868 a special resolution of Congress, in response to anti-immigration measures in the East, repeated this assertion as to the right of human beings to expatriate themselves, and declared that its restriction was contrary to the fundamental principles of the republic. This meant European immigration; but it proves that even then the Chinese question had not become acute enough locally to force California politicians into making it a national issue. Within a few years after this, however, it was not only the burning issue of the Pacific Slope, but had emerged into the national arena. Those who saw the excessive strain placed on democratic institutions by ignorant European immigrants, ultimately assimilable, were appalled at the prospect of operating them among a huge unassimilable and purchasable brute-vote on the Pacific Slope. If they were made voters, they would force a permanent political division on the lines of race; and if not, would form a dangerous anomaly and nuisance in the republic. Thus, white industry, order, sanitation, public morals and statesman-like forecast united in the conviction that this class of immigration must be prohibited or severely restrained. These valid objections and fears were reinforced by others, unsound or exaggerated. The numbers arriving were vastly swollen in popular imagination, and the departures suppressed. The actual number of Chinese in the United States in 1870 was 62,376, an increase of some 27,000 in 10 years; 69,298 had come over within 10 years, and 34,850, or over one-half, had gone back.

After attempts at restriction by local legislation, which were invalidated by the Federal courts as in violation of United States treaties, California appealed to Congress for a national law; but that body evaded the question till 1876. Then the exigencies of the Hayes-Tilden campaign compelled both parties to bid for California's electoral vote by anti-Chinese planks in their platforms; and Congress (the House, 6 July, the Senate 17 July) appointed a joint special committee to investigate the subject. It met at San Francisco 18 October, heard a mass of testimony and made a very voluminous report, taking the strongest ground in favor of a restrictive law (Senate report 689, 44th Congress, second session, 27 Feb. 1877). At this time the Chinese population was about 100,000. Nevertheless, the party pledges were not redeemed in Congress till 1879, when on 20 March such a bill was passed; but it was vetoed by President Hayes as being in conflict with the Burlingame Treaty. In 1880 a commission was sent to Peking to negotiate a new treaty permitting the restriction. This treaty, signed 17 Nov. 1880, ratified by the Senate in March 1881, gave the United States the power to “regulate, limit, or suspend” the immigration of new Chinese laborers, but not to prohibit it altogether; permitted laborers already in the country to remain and travel to and from it at will; and allowed Chinese merchants, students, teachers or travelers to exercise their functions without molestation, each class to have all the privileges and advantages of the most favored nation. (The Chinese population here in 1880 was 105,465). Under guise of giving effect to this treaty, Congress, in March 1882, passed an act suspending Chinese immigration altogether for 20 years. This was vetoed by President Arthur on the ground that so long a suspension was virtually absolute prohibition, and not in accord with the spirit of the treaty. On 6 May another bill was passed to meet this objection, suspending fresh immigration for 10 years, both of skilled and unskilled laborers, permitting those already here to remain, but forbidding their naturalization. The provisions of this act were minutely severe. The exempted Chinese must have certificates of identity issued by the Chinese government, and the only Chinese laborers who could be permitted to return after once departing were those who had a living wife, parent or child in the United States, or $1,000 worth of property, which was made answerable for their default.

This was “amended” on 1 Oct. 1888 by the Scott Act, striking out all permission to return for any purpose, forbidding the issue of return certificates and declaring all that were issued void, — in a word, absolutely barring America to any Chinese workman once outside it. A treaty was at this time pending between the United States and China by which the Chinese government was to prohibit the emigration of laborers and the United States was to protect those in the country from violence, which it had shamefully failed to do, but the Scott Act enraged the former government, and it refused to ratify the treaty. On the expiration of the 1882 act in 1892, the “Geary law” of 5 May extended it for another 10 years, with further severities, not called for by any dangers at hand. On 7 Dec. 1894 a convention with China restored the conditions of return to the status of 1882. On 3 March 1901 it was enacted that a Chinaman can only be arrested under these acts on sworn complaint of certain specified United States officers. In 1902 the exclusion was re-enacted for another decade. With the general intent of these acts there is little difficulty in concurring; but some of the provisions, and the petty acridity of their execution, exhibit a spirit of panic which is neither dignified nor sensible. The volume of the immigration is the very essence of the danger; if it is insignificant it is harmless. The Chinese population in 1890 was 107,488; in 1900, 89,863; and 71,531 in 1910. In 1915 the District Court of Montana (223 Fed. Rep. 801) and the Circuit Court of Appeals of New York rendered decisions which in effect assure to Chinese students in the United States (in accordance with existing treaty rights) continuance of privileges accorded the subjects of the most favored nations.