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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..d7b82bc --- /dev/null +++ b/.gitattributes @@ -0,0 +1,4 @@ +*.txt text eol=lf +*.htm text eol=lf +*.html text eol=lf +*.md text eol=lf diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..c8b7239 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #69008 (https://www.gutenberg.org/ebooks/69008) diff --git a/old/69008-0.txt b/old/69008-0.txt deleted file mode 100644 index b7a1d86..0000000 --- a/old/69008-0.txt +++ /dev/null @@ -1,1521 +0,0 @@ -The Project Gutenberg eBook of The Chinese Exclusion Act, by -Anonymous - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: The Chinese Exclusion Act - Report and Resolutions Adopted by the Chamber of Commerce of the - State of New York - -Author: Anonymous - -Release Date: September 18, 2022 [eBook #69008] - -Language: English - -Produced by: Tom Cosmas compiled from materials made available at The - Internet Archive and are placed in the Public Domain - -*** START OF THE PROJECT GUTENBERG EBOOK THE CHINESE EXCLUSION -ACT *** - - - - - -Transcriber Note: Text emphasis denoted as _Italics_. - - - - - THE - - Chinese Exclusion Act. - - - REPORT AND RESOLUTIONS - - ADOPTED BY THE - - CHAMBER OF COMMERCE - - OF THE - - STATE OF NEW YORK. - - - December 5, 1889. - - - New York: - - 1889. - - - - - Press of De Leeuw & Oppenheimer, - - 231 William Street, - - New York. - - - - - The Chinese Exclusion Act. - -_REPORT AND RESOLUTIONS ADOPTED BY THE CHAMBER OF COMMERCE OF THE STATE -OF NEW YORK, DECEMBER 6, 1889._ - - -The committee on Foreign Commerce and the Revenue Laws, to which was -referred a communication from Mr. C. P. Huntington relating to the -Chinese Exclusion Act, submits the following report: - - The attention of the Chamber has been called to this subject by a - letter addressed to Mr. A. A. Low, a member of the Chamber, by Mr. - C. P. Huntington, also a member, and by Mr. Low referred to the - Chamber. As this letter is the basis of our inquiry and embodies - the views of many of the people of the United States, it is proper - that it should be given in full. It is as follows: - - New York, November 24th, 1888. - - A. A. Low, Esq., - Burling Slip, New York City. - - _Dear Sir:_ I do not carry in my mind whether you have altogether - retired from the China trade; but I know you still have a keen - interest in the national prosperity and in the dignity and honor - of this Government. I suppose you felt as most other people did, - last summer, when Congress passed the Chinese Exclusion Act, that - it was an unworthy proceeding which nothing but the necessities - of a partisan struggle could have brought about It may have been - foreseen, and perhaps was pointed out at the time, that the - Government of China had it in its power to inflict far more serious - harm upon our country than we could upon China, even supposing that - the coming of the Chinese was the injury to our laboring people - which was charged. It seems that without uttering a word or lifting - a finger the Chinese are enabled to retaliate effectively against - our commerce; so that we have not only offered them a wanton - affront, but also injured ourselves la a twofold way, by excluding - a tractable and cheap labor which we very much need to build up - our desolate places; and by the loss of a valuable trade which we - might have kept to the exclusion of our rivals. A gentleman direct - from Chinese and Japanese ports tells me that since the news of the - passage of the Exclusion Act reached China American agents there - have been unable to sell any of the coarser cotton textile fabrics, - of which they had been taking large quantities. Their wants are - supplied from other sources; England, I suppose. They offer no - explanation for this change of policy, but simply say they are not - baying. Just as soon as they can supply themselves with petroleum - from Asiatic oil wells we may expect that trade to follow. Clocks - and machinery can be supplied by the English and Germans who would - be glad to relieve us of the trade. The tea, mattings, raw silks - and other commodities which we need and can buy nowhere else, - Americans will have to pay for in coin, or exchange on London, when - we might have paid for them with our own products. - - Is not this, a heavy price to pay for the luxury of the hoodlum - vote of California. It is to be hoped that the expiring Congress - will find time to undo this pernicious piece of spiteful - legislation; or, if not, that the incoming administration will so - interpret the law and instruct its ministers so as to restore the - lost amity. Just how this is to be brought about, you know as much - as I do. - - It occurs to me that the New York Chamber of Commerce might - properly speak on this subject, and I know of no one so well - fitted as yourself to move in this matter. If you will undertake - it, please do so; and if I can be of any assistance to you in the - matter, I shall cheerfully render it. It seems to me this is a - clear case where patriotic duty calls for prompt action. - - Very respectfully yours, - C. P. HUNTINGTON - -That the sentiments of this letter are not peculiar to its author, -but are shared by many others in all parts of the United States, is -manifest from the following expressions taken from prominent public -journals. - -The _Commercial_, of Louisville, says: - - "The Chinese question is receiving a larger share of public - attention as it becomes apparent that the ill effects of the - Exclusion Act are manifold and certain, while it is exceedingly - doubtful whether 'exclusion' can really be accomplished." - -The _Bulletin_, of Providence, R. I., says: - - "For the inspiration of the whole disgraceful business was not the - public welfare nor the public dignity, but the desire to advance - public party interests by satisfying a clamoring crowd of Pacific - coast voters. With few exceptions the leaders of either party - were only too eager to grant whatever the sand lot crowd of San - Francisco desired. * * * So generally was this understood that the - harsh construction put upon the act in the late administration - was accepted without question everywhere as fairly embodying the - purpose of Congress; and no one, even among those who deplored the - law and felt humiliated in their citizenship by it, ever thought to - doubt the correctness of the decision, but looked upon it as the - natural conclusion to a piece of shameful demagogism. - - "Some day, doubtless, we shall learn that by insulting a sensitive - people who are essential to the development of our commerce on the - Pacific, and who might have been made valuable customers, we have - spited nobody so much as ourselves." - - "The San Francisco _Report_," says the Atlanta _Journal_, "has - amended the California slogan, 'The Chinese must go.' It says - that the agriculturists who cannot get along without them must - also go; that 'if they have become so far demoralized as to - prefer to associate with yellow slaves rather than with their - fellow-countrymen, California can hardly be a desirable place of - residence for them.' Isn't it about time to consider whether we are - not pushing to hurtful extremes the policy of excluding workingmen - from this country." - - "The St Paul _Pioneer Press_ characterizes the regulation - forbidding Chinese laborers from landing at American ports, for - any purpose whatever, as being 'about as stringent as the old - anti-Huguenot laws of France.' And that paper goes on to say, 'It - is to the material interest of this country to cultivate friendly - relations with China. We want her trade, now largely going to Great - Britain, but we cannot expect to get it by hurling exclusion acts - at her. As a matter of fact the anti-Chinese laws now existing - have not kept many Chinese out of the country. They come in with - the greatest ease through British Columbia and Mexico. There are - just as many Chinese in the country as there were in 1880. This is - the result of about forty years' Immigration. And, as these people - cling more fondly to their native heath than any other in the - world, the dangers of their overrunning this continent, even if all - its ports were thrown open to them, is altogether imaginary." - - The Omaha _Bee_ declares that "the matter possesses the interest of - an International question, the decision of which will hardly fall - to have a more or less important bearing upon our future relations - with China;" and "the Chinese government may reasonably be expected - to regard the discrimination against Its people as evidence of a - seated hostility to them which self-respect would compel it to - resent. Chinese merchants have already done so to the detriment - of our commerce with China, but a further evidence of American - aversion to the people of China may move the government of that - country to take notice of the feeling in a way that might prove of - a considerable damage to us." - -The _Daily Commercial Bulletin_, of New York, in the course of a long -and well considered article on "China as a Market for Americans," after -commenting on the enterprising tendencies of the present government of -China, says: - - It is absolutely certain, that the opening up of China, with its - enormous population, must, despite native views to the contrary, - mean a great impetus to her foreign trade. The railroad ordered - to be made will be followed by similar enterprises in other - directions. The interior of China, of which we know so little, and - the inhabitants of which know still less about us, will then be - brought into contact with Western manufacturers; and it needs no - spirit of prophecy to tell what the tremendous outcome of that will - be. With an area of about 5,000,000 square miles, and a population - of over 400,000,000 souls, the possibilities of international trade - with the Chinese Empire in future generations are altogether beyond - calculation. - - In this connection it will be well to examine our own position - with regard to the commerce of China. A return recently issued by - the Maritime Customs Office of that country gives the imports of - foreign merchandise (apart from the junk trade with Hong Kong and - Macao) for the year 1888 as $130,000,000--an increase on 1887 of 11 - per cent. This improvement is part of a continuous growth, as the - imports for the following years show. - - 1883 $91,500,000 - 1884 90,000,000 - 1885 110,000,000 - 1886 109,000,000 - 1887 117,500,000 - 1888 130,000,000 - - - - - The increase in the six years is thus no less than 43 per cent. Of - the total imports last year, cotton goods represent $55,000,000, or - 42 per cent. Our exports to China (exclusive of Hong Kong) were as - follows: - - YEAR ENDING JUNE 30 - - 1883 $4,100,000 - 1884 4,600,000 - 1885 6,400,000 - 1886 7,500,000 - 1887 6,200,000 - 1888 4,600,000 - - These exports are made up almost entirely of cotton goods and - petroleum. The exports of the former were greatest in 1887, when - they reached $5,180,000, and of the latter in 1886, when they - reached $2,400,000. For the year 1889 it is expected that the - volume of imports into China will show the rate of expansion - well maintained. For the year ending 30th June last our exports - of cotton goods have fallen to $1,500,000, and of petroleum to - $900,000--a decrease of 71 and 61 per cent, respectively from the - best figures shown during the preceding six years. Thus, not only - have we had no share in the increased imports into China, but have - lost ground absolutely as well as relatively. In both leading - divisions the decline can in some degree be traced to the natural - effects of successful competition of other countries, notably - Great Britain in cottons, and Russia in petroleum. It is certain, - however, that it has been accelerated by the resentment aroused in - China by our anti-Chinese legislation. The position demands the - attention of our government as well as of our manufacturers, and - we believe that when it is fully realized steps will be taken to - regain the friendly interests of a nation whose possibilities are - well nigh as great as our own. - -The Japan _Gazette_, of Yokohama, 26th September, in a long article -on "The United States and China," referring to reported measures of -retaliation on the part of China for the treatment of the Chinese in -the United States, says: - - It is not easy to discover that any other course than the one which - formed the subject matter of the conference remains for China to - adopt as a counter thrust for the humiliation and indignity America - has cast upon her. It is far from our desire to say that the United - States was not perfectly justified in adopting the measure she - did to prevent the celestial octopus stretching its vicious self - over her territory. Justification in the highest existed. Chinese - immigration thither had assumed alarming proportions and it was - characterized by all those damning features ever associated with - the Chinese element. The danger is one which faces America just - as it has faced the Colonies, and it is well for those of our own - color that it should be opposed by the best modes of defense. Only - one result is aimed at, but it may be possible to achieve all - that is desired by a plurality of methods. Perhaps America has - not adopted the right one; at any rate she has clearly ruffled - Chinese dignity. Such a decided act as hers, although, as we think, - justified, was perhaps impolitic as the result indicates. - -With these expressions of opinion as to the effect of the act and -its policy, as an introduction, we now proceed to give as briefly -as possible a record of the events that have led up to the present -condition of our relations with the Chinese and to the passage of the -Act referred to in its present form, in the Autumn of 1888. - -The discovery of gold in California in 1848, an event which perhaps -more then any other in recent times has contributed to the commercial -and industrial growth of nations, first brought the people of the -United States into social and business relations with the Chinese. -Attracted by reports of the wealth to be found in our mines and excited -by the return of some of the pioneers of their race, bearing in their -hands the golden fruit of their toils, the stream of immigration began. -For twenty years it grew in volume until, in 1876, the number of -Chinese in California was about 100,000. A very much greater number had -come to this country, but a large proportion of them had returned to -their homes, and at the close of this period of twenty-seven years it -appears from the census reports that the number returning was nearly as -large as the number arriving. - -The growth of this Chinese immigration directed attention to the -diplomatic relations between the government of China and the United -States. The first treaty with China in 1844, and the second treaty of -1858, were limited to the purpose of protecting American citizens doing -business in China. The important right secured by these treaties was -that by which Americans charged with offenses should be tried by United -States laws in Consular Courts. These treaties related exclusively to -the rights and privileges of Americans in China and defined the ports -or limits within which they might reside for the purposes of trade. - -Mr. Hamilton Fish, our Secretary of State, in a communication to Mr. -Bancroft, then American Minister at Berlin, dated August 31, 1869, -says: "The communication between China and the outside world was merely -confined to the trading points. With the intellects that rule that -nation of 450 millions of people, with the men who gave it its ideas -and directed its policy, with its vast internal industries, with its -great agricultural population, the traders consuls and functionaries of -the ports rarely came into contact except in the contact of war. - -The European Chinese policy was one of isolation, inasmuch as it only -sought the development of a foreign trade at certain particular ports, -and of disintegration, as it practically ignored the Central government -and made war upon the provinces to redress its grievances and enforce -its demands." - -This describes the relations between China and the outside world, at -the time the emigration of her people to our Pacific coast was rapidly -increasing, and beginning to excite general interest. It may therefore -be readily conceived that when it was announced that Mr. Burlingame, -American Minister to China, had resigned his commission to accept -the post of Ambassador of China to the Western nations, it attracted -universal attention. When it became known that this appointment was -for the purpose of introducing China into the family of civilized -nations, and of removing the barriers which had hitherto excluded her -from intercourse with the great nations of the world, attention became -curiosity and curiosity was supplanted by a general sense of rejoicing -at this sudden conversion to the ways of modern civilization of a -nation comprising a quarter of the population of the globe. - -Mr. Burlingame, in his capacity as Ambassador of China, negotiated a -treaty with the United States, described by Mr. Fish in the letter -above referred to, as follows: "The treaty negotiated by Mr. Burlingame -and his colleagues was a long step in another direction. It came -voluntarily from China and placed that power in theory on the same -diplomatic footing with the nations of the Western world. It recognized -the imperial government as the power to withhold or to grant further -commercial privileges, as also the power whose duty it is to enforce -the peaceful enjoyment of the rights already conferred." - -"While it confirms the extra-territorial jurisdiction inferred by -former treaties upon European and American functionaries over the -persons and property of their countrymen, it recognizes at the same -time the territorial integrity of China, and prevents such jurisdiction -from being stretched beyond its original purpose. While it leaves in -China the sovereign power of granting to foreigners hereafter the right -to construct lines of railroads and telegraphs, of opening mines, of -navigating the rivers of the Empire with steamers and of otherwise -increasing the outlets of its wealth by the use of the appliances of -Western civilization, it contemplates that China shall avail herself -of these appliances by reasonable concessions to be made as public -necessities, and as the power of the government to influence public -opinion will permit." - -Such was the view held by our Secretary of State of the value and -importance of the Burlingame Treaty of July, 1868. And pending its -ratification by the Chinese government, which was delayed for more -than a year, Mr. Fish expressed his solicitude in the following -language: - - "The President thinks it would be well to have defined by law, - as soon as possible, the relations that are hereafter to exist - between the United States and China. Many considerations call for - this. Every month brings thousands of Chinese immigrants to the - Pacific coast Already they have crossed the great mountains and are - beginning to be found in the interior of the continent. By their - assiduity, patience and fidelity, and by their intelligence, they - earn the good will and confidence of those who employ them. We have - good reason to think that this thing will continue and increase. On - the other hand, in China, there will be an increase in the resident - American and European population, not by any means commeasurate - with the growth of Chinese immigration to this country, but - corresponding with the growth of our country, with the development - of its resources on the Pacific Slope, and with the new position in - the commerce of the world which it takes with the completion of the - Pacific Railroad." - -There is reason to believe that the sentiments expressed by our -Secretary of State, in 1869, and by him attributed to President Grant, -were at that time the sentiments of the whole country, including the -Pacific coast. - -The special features of the Burlingame Treaty may be found in Articles -V. and VI. In its other parts it substantially confirmed the provisions -of former treaties. Article V. contains the remarkable provision by -which both parties "recognize the inherent and inalienable right of -man to change his home and allegiance, and also the natural advantage -of the free migration and emigration of citizens and subjects from one -country to another for purposes of curiosity, of trade, or as permanent -residents." - -This was peculiarly an American doctrine which had for many years been -a vexed subject of diplomatic negotiations with European countries, -and its recognition in the Burlingame Treaty was naturally regarded -as a great triumph. The same article provided for the prevention of -involuntary emigration, which, under the name "Coolie Trade," had -aroused the indignation of the civilized world. - -Article VI. gave citizens of the United States in China all the rights -and privileges of citizens of the most favored nations, and to Chinese -in this country the same rights as were enjoyed by subjects of the most -favored nations. - -President Hayes in his veto massage of Mar. 1, 1879, says: "The -principal feature on the Burlingame Treaty was its attention to and -its treatment of the Chinese immigration, and the Chinese, forming, -or as they should form, a part of our population." "Up to this time -our uncovenanted hospitality, our fearless liberality of citizenship, -our equal and comprehensive justice to all inhabitants, whether they -abjured their foreign nationality or not, our civil freedom, and our -religious toleration, had made all comers welcome, and, under these -protections, the Chinese, in considerable numbers, had made their -lodgment on our soil." "The Burlingame Treaty undertakes to deal -with this situation, and its Vth and VIth articles embrace its most -important provisions in this regard, and the main stipulations in which -the Chinese government has secured an obligatory protection of its -subjects within our territory." - -In other words, the United States in consideration of certain -obligations assumed by China, entered into a solemn contract to treat -the Chinese coming to this country, as they always had been treated, -and as immigrants from all other countries had always been treated. - -What had always been our custom became a treaty obligation in return -for certain covenants on the part of China, the chief of which was that -all involuntary emigration was to be forbidden and penalties imposed to -prevent it, and punish those who should in violation of the law engage -in it. - -Senator Morton of Indiana, said, "that this treaty was regarded by the -whole nation as a grand triumph of American diplomacy and principles, -and Mr. Burlingame as a benefactor of his country." - -It is essential to observe that at the time of the approval of this -treaty, and its recognition as a beneficial act for this country, the -Chinese had been here in great numbers for more than twenty years. The -record of their arrival as found in the Report of the Joint Special -Committee of Congress, in 1876, shows that the whole number of Chinese -in the United States at that time was about 114,000, and in California -about 94,000. Another witness makes it about 4,000 less. It also -appears that the largest arrivals were in the years 1848 to 1854. In -that period the arrivals were over 50,000 and the departures about -8,000, leaving in the country at the beginning of 1855 about 42,000--or -nearly half the whole number in California in 1876, twenty years later. -In 1869, the number had reached about 70,000, or three-fourths the -number found in California in 1876. It is therefore obvious that the -people of California and of the whole United States had had prior to -the approval of the Burlingame Treaty, ample opportunity to become -familiar with the character of the Chinese. Nevertheless the treaty -was welcomed which protected them in this country and encouraged their -immigration. - -This reflection brings us to one of the most remarkable changes -of public sentiment on the Pacific coast, which has probably ever -characterized a people, a change as sudden as it was remarkable, -and as universal as it was sudden. Almost immediately after the -confirmation of the Burlingame Treaty, in 1869, murmurs began to be -heard in California, hostile to the Chinese. As early as December -22, 1869, an appeal was made to Congress for legislation to restrict -Chinese immigration. Each successive Congress was appealed to but -without effect until the 44th Congress, in 1876, appointed a joint -committee to take testimony, and in 1877 passed a resolution calling -on the President to "open negotiations with the Chinese government for -the purpose of modifying the provisions between the two countries and -restricting the same to commercial purposes." At the same time the -Legislature of California appointed a special committee to investigate -the subject and prepare a memorial to Congress. It was issued August, -1877, as an "Address to the people of the United States, upon the -social, moral and political effect of Chinese immigration." This -address contains evidence to prove that "the Chinaman is a factor -hostile to the prosperity, the progress and the civilization of the -American people." - -The report of the Joint Committee of Congress, February, 1877, which -fills a large volume of nearly 1,300 pages, contains similar evidence -in greater detail, showing the unfitness of the Chinese, by their -social and moral characteristics, by their religion and by their -peculiar and apparently ineradicable desire to return to their native -country, dead or alive--to form part of our population, to amalgamate -with or be absorbed into it, as other races have been. It points out -the fact that they come here, as a rule, without wives or children, -live apart from other races, form no attachments to the soil or to our -people, and by their lack of family relations and children present -no facilities for association with our people, and no opportunities -for growing into conditions or habits, which would tend to make them -ultimately homogeneous with us. Furthermore, it was claimed by many -witnesses, that the Chinese were a festering mass of corruption in -the body politic, threatening to destroy the moral and physical health -of the people, and that there were no other means of preventing this -result than for the government to intervene, and by some modification -of the treaty with China, check Chinese immigration. - -The evidence on the other side was no less complete, showing the -virtue, integrity, cleanliness, industry, skill, peaceableness, and, in -general, the desirableness of the Chinese as an industrial element of -our population. - -It must be acknowledged that the witnesses on this side of the case -were, as a rule, of the highest personal character, men of great -intelligence, familiar, by practical relations, with the Chinese in -various capacities, and many of them men who had learned the character -of the Chinese by long residence in China. - -It is also apparent that the conduct of the examination was in a spirit -of bitter hostility to the Chinese and with a determination rather to -prove the case against them than to ascertain the truth. The report as -presented to Congress by Senator Sargent, of California, representing -a majority of the joint committee, is adverse to the Chinese and -recommends immediate steps to restrict the privileges granted by the -treaty. On the other hand Senator Oliver P. Morton, the chairman of -the committee, who heard patiently all the testimony, in a fragmentary -paper, intended as the basis for a minority report, which was printed -by order of the Senate after Mr. Morton's death, took strong grounds -in favor of maintaining the treaty. He says: "The testimony shows that -the intellectual capacity of the Chinese is fully equal that of white -people. Their ability to acquire the mechanic arts and to imitate every -process and form of workmanship, ranks very high, and was declared by -many witnesses to be above that of white people, and their general -intellectual power to understand and master any subject presented to -the human understanding, to be quite equal to that of any other race" -His conclusions are briefly embodied in the following sentences: "As -Americans, charged with the administration of the laws by which equal -rights and protection shall be extended to all races and conditions, we -cannot now safely take a new departure which, in another form, shall -resurrect and re-establish those odious distinctions of race which -brought upon us the late civil war, and from which we fondly hoped -that God in his providence had delivered us forever." "If the Chinese -in California were white people, being in all other respects what they -are, I do not believe that the complaints and warfare against them -would have existed to any considerable extent." "Their difference in -color, dress, manners and religion have, in my judgment, more to do -with this hostility than their alleged vices, or any actual injury to -the white people of California." He further adds, by way of suggestion -of a remedy for their persecution: "Complete protection can be given -them only by allowing them to become citizens and acquire the rights of -suffrage when their votes would become important in elections and their -persecutions in great part converted into kindly solicitation." - -These are the opinions of one who was doubtless the largest minded -man on the committee, and who, being free from local influences and -prejudices, and evidently aiming only at conclusions which were -sustained by the testimony, justly commands from the disinterested -inquirer, the highest degree of confidence. - -We have been thus prolix in comments upon the report of the joint -committee, because it was the basis of all subsequent acts relating to -the Chinese, and must be considered as the most complete testimony on -the Chinese question on both sides. - -It would be impracticable to follow the debates on this question which -have to a greater or less extent occupied the attention of Congress and -the country from the time this report was made down to the present day. -On the one side was urged our duty to humanity and to the principles -of human liberty on which our government is founded; the importance -of maintaining friendly relations with China, for religious and moral -as well as for commercial purposes; the unreasonableness of the fears -which prevailed in some quarters that the Chinese would overrun this -country, or reduce its standard of civilization. It was shown that -the emigration was limited to a district of China about the size of -Connecticut, and for reasons founded upon peculiarities of language and -inherited habits, would never affect the population of China outside of -this region. It was shown that this class of Chinese was distinguished -for thrift, integrity and cleanliness. - -On the other side while admitting the importance of the general -propositions as to our treaty obligations, and humanitarian reasons, -the arguments and facts brought forward by the friends of the Chinese -were diametrically contradicted. The coming of the Chinese was -denounced as a horrible invasion, tending to dishonor labor, corrupt -our morals and disintegrate our civilization. Into the discussion from -the start has been injected a political issue, which has determined -every vote taken in Congress; the issue as to the partisan control of -the Pacific States. To illustrate this fact we call to mind the famous -Morey letter, a forgery, imputed to Gen. Garfield in October, 1880, -in which he was made to favor the importation of Chinese labor, in -order to defeat his election. Both Republicans and Democrats feared -the consequence of opposing the wishes of the people of California -and the adjoining States. And no one could doubt what their wishes -were respecting Chinese immigration. For this reason, from the outset, -the veto of the President has been the only barrier in defense of our -treaty obligations and of the rights of the Chinese in the United -States. - -The next move in the direction of a change was a resolution by -Congress, early in 1878, requesting President Hayes "to open -correspondence immediately with a view of securing a change or -abrogation of all stipulations in existing treaties which permit -unlimited immigration of Chinese to the United States." This resolution -never reached the President, and therefore nothing was done. Early -in 1879 the Committee on Education and Labor introduced "an act to -restrict the immigration of Chinese to the United States." This was -the first of a series of acts passed for the same purpose. It limited -the number of Chinese passengers by any one vessel to fifteen, and -was vetoed by President Hayes for the general reason that it was in -violation of treaty stipulations. He adds the special reason that, "the -recession of emigration from China to the Pacific coast relieves us -from any apprehension that the treatment of the subject by the proper -course of diplomatic negotiations will introduce any new features of -discontent or disturbance among the communities directly affected," and -he deprecates violation of our treaties with China as more injurious -than any local inconveniences. - -In reference to this last mentioned act, a special meeting of the -Chamber of Commerce was held on the 27th of February, 1879, at which -earnest addresses were made in opposition to the passage of the Act by -Messrs. A. A. Low, Wm. H. Fogg, Elliot C. Cowdin, Jackson S. Shultz, -Charles Watrous and Isaac Phillips. - -Resolutions, embodying this sentiment and calling on the Government to -fulfil its treaty stipulations, were unanimously adopted. - -Similar resolutions were adopted in various places, chiefly along the -Atlantic coast. - -Meantime the voters of California, in September, 1879, in conformity -with a recent law of the State, met at the polls to express the wishes -of the people respecting Chinese immigration. For Chinese immigration -there were cast 883 votes, against it were 154,638 votes, and the -entire vote of the State was cast within less than 4,000. In Nevada the -vote was 183 for and 17,259 against it. - -In March, 1880, the Committee of the House of Representatives on the -Causes of the Depression of Labor, submitted a report attributing much -of the existing trouble to the presence of the Chinese. Although the -minority condemned this view, and charged the majority with prejudice, -the report resulted in an inquiry addressed to the President respecting -the step% if any, which had been taken to change the Burlingame -Treaty. To this Secretary Evarts replied that no definite measures had -been concluded, but "that preparation had been laid for a conclusive -disposition of the matter." Following this, at an early date, came -the appointment of James B. Angel, John F. Swift and Wm. Henry -Trescot, Commissioners Plenipotentiary of the United States to China, -for the purpose of securing, by friendly negotiation, the desired -modification of the Burlingame Treaty. They were cordially received by -the Chinese government, and "two Chinese Commissioners of high rank -and large influence, both members of the Privy Council of State," -were appointed, with full powers to consider their demands. After a -comparatively brief discussion, which was marked on the part of the -Chinese government by courtesy and by a friendly desire to treat with -great consideration the wishes of the United States, the modifications -were agreed to and a new treaty was signed on the 17th of November, -1880. - -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." - -To this, the President replied that "negotiation for a treaty was -commenced many months ago and has since continued," and he expressed, -"the hope and expectation that a treaty will soon be concluded -concerning the immigration of Chinese laborers, which will meet the -wants of our people, and the approbation of the Senate." - -After prolonged discussion between Mr. Bayard, our Secretary of State, -and Mr. Chang Yen Hoon, the Chinese Minister at Washington, a new -treaty was agreed upon on the 12th of March, 1888, and approved by the -Senate in the course of a few weeks afterwards. This treaty declares: -"Whereas the government of China, in view of the antagonisms and much -deprecated and serious disorders to which the presence of Chinese -laborers has given rise in the United States, desires to prohibit the -emigration of such laborers from China to the United States," and -proceeds to agree in Art. I., that for a period of twenty years, the -coming of Chinese laborers shall be absolutely prohibited, with certain -exceptions, including such as may have wives or property amounting to -$1,000 in this country, and shall return here after an absence of not -more than one year. - -It provides for the maintenance of former stipulations concerning other -classes of Chinese, and that laborers may have the right of transit -across the country. It also provides that Chinese of all classes in the -country shall have all the rights and privileges of the most favored -nations, except that of naturalization, and the United States agrees to -protect them in such rights. - -This treaty was to remain in force twenty years and be continued -indefinitely after that time unless formal notice should be given by -either side of intention to terminate it. - -On the 12th of May, 1888, the Chinese Minister wrote to Mr. Bayard that -he had sent the treaty to his government for ratification. - -On the 5th of September the Senate by resolution inquired of the -President "whether the recent treaty with China had been ratified by -the Emperor." - -In reply to this the President transmitted dispatches from our -Minister in China, first, to the effect that no "information had been -received," and, second, that the "treaty had been postponed for further -deliberation." - -Pending the further deliberation of which our Minister in China had -given notice, a bill was introduced in the Senate of the United States -to enact into law the provisions of the proposed treaty and provide for -their execution. This bill was approved on the 13th of September, 1888; -and, as if not satisfied with this act of disrespect to a friendly -government, which had frankly conceded our demands, and was at the time -deliberating upon the formal approval of the treaty which accorded -them, another bill was introduced into Congress for similar purposes, -but still more aggravating to the Chinese government It was passed and -finally approved October 1, 1888. It provides "that from and after the -passage of this act it shall be unlawful for any Chinese laborer who -shall at any time heretofore have been, or who may now or hereafter be, -a resident within the United States, and who shall have departed or -shall depart therefrom and shall not have returned before the passage -of this act, to return to or remain in the United States; that no -certificate of identity, etc., shall be issued, and every certificate -heretofore issued is declared void, and the Chinese laborer claiming -admission by virtue thereof shall not be permitted to enter the United -States." It further repeals all parts of the act of 1882 which may be -inconsistent with this act. - -In a message to Congress, dated October 1, 1888, in which President -Cleveland signifies his approval of the act just above referred to, -he enters into a formal apology for the conduct of the government -in refusing to await the deliberations of the Chinese government -The President states that on the 21st September he had received a -telegram from our Minister in China "announcing the refusal to exchange -ratifications unless further discussion could be had," and that in view -of this refusal "an emergency had arisen in which the government of the -United States is called upon to act in self defense by the exercise of -its legislative power." - -The official correspondence submitted with this message shows that -while the general purpose of the treaty was approved by the Chinese -government some of the details caused dissatisfaction to the Chinese -people, and for that reason the Chinese government desired that the -treaty should be reconsidered. - -A communication from the Chinese legation in Washington, dated Sept -25, 1888, informs Secretary Bayard that the Chinese Minister would -return to Washington in twenty-two or twenty-three days to reopen -the discussion of some of these details and hopes, from the cordial -relations which have hitherto existed between the two governments, that -satisfactory conclusions will be reached. - -But on the 18th of September, a week before the above correspondence -took place, Secretary Bayard sent the following dispatch to our -Minister in China:--"Denby, Minister, Peking: The bill has passed -both houses of Congress for total exclusion of Chinese, and awaits -President's approval. Public feeling on the Pacific coast excited in -favor of it, and situation critical. Impress on government of China -necessity for instant decision in the interest of treaty relations and -amity. Bayard." Imagine the effect of this lash and spur applied to the -stately and exalted Emperor of China and his dignified counsellors, -especially in view of the courtesy and conciliation with which they had -uniformly treated our government and its representatives. - -Minister Denby replied, on Sept 21st, that the Chinese government -refused ratification unless after further consideration of details, and -this it was preparing to give, as shown by the correspondence of Sept. -26th, already quoted. - -The extraordinary haste with which our government proceeded thus -to affront its ancient friend--to override its formal treaty -stipulations, and substitute arbitrary legislation for diplomatic -negotiations--presents a spectacle to which no American can well -recur without a sense of mortification that the government of the -United States should have shown itself so far inferior in courtesy and -justice to the government of a nation, ordinarily, though erroneously, -considered barbarian. - -It is difficult to discover the emergency to which the President refers -as his justification. It is evident that under existing treaties with -China and the laws enacted in pursuance thereof, the objections to -Chinese immigration had been substantially removed. The difficulties -which remained were only in details, to secure the more perfect -execution of the laws. The Chinese had ceased to come in dangerous -numbers. Those who were here were spreading over the country, learning -our language and usages, and everywhere proving themselves a quiet, law -abiding and inoffensive people. The complaints, which formerly were -heard, of their depressing influence on wages and labor, had ceased to -be frequent or urgent. The Chinese were found to be apt in demanding -high wages, as they were commendable in saving them. Nowhere in the -country was there any pressing demand for this class legislation. It -can be explained only on the theory that a presidential election was -pending, and that a demonstration must be made to capture the vote of -the Pacific States. It may be said that these harsh and unnecessary -measures, which were adopted just before the election of 1888, were -not vigorously opposed by the anti-administration party, for reasons -similar to those which inspired the promoters of those measures. - -To close this already too lengthy statement of the circumstances which -have led up to our present relations with China, it may be added that -the Supreme Court of the United States has this year affirmed the -constitutionality of the Chinese Exclusion Act, so called, on the broad -ground of the power of Congress to abrogate a treaty. And it cannot -be denied that the act itself, and the decision of the Supreme Court, -were received with great satisfaction by the people of California: On -this subject the San Francisco _Chronicle_, perhaps the best exponent -of public opinion on the Pacific coast, and in politics an earnest -Republican, concludes as follows: - - So it is settled by the highest authority in the land that the - Chinese laborer cannot come to the United States to compete with - our own workingmen on our own soil. The effect of this decision - cannot fail to be salutary. It must result in dignifying labor - by removing it from enforced competition with what is virtually - servile labor; for as surely as debased coin will drive honest coin - out of circulation, so surely will the presence of servile labor in - a community cast a stigma upon free labor and drive it out of the - market. - - Now the process of elimination can begin in earnest, and in place - of the departing coolie we may look for that kind of labor which - builds up a community and adds to the growth and prosperity of a - nation. Now we may with a dear conscience invite labor from the - older States, and insure it against being met on the threshold of - California by a horde of Mongolians who can underbid any white - labor and put it to flight. Now the regeneration of California can - really begin; and if we desire to add another annual holiday to our - list we may well celebrate the 13th of May, the day of the final - decision of the Chae Chan Ping case. - -In the presence of these convictions, representing the sense of that -part of the American people who have the best opportunity of knowing -the effect of Chinese immigration--and who have at an earlier day -expressed their judgment by the emphatic vote of 800 for and 154,000 -against Chinese immigration--there can be no question as to the -propriety of terminating that immigration so far as it may be offensive -to that important part of this nation which it most closely affects. - -But with this acknowledgement our approval of the anti-Chinese measures -of the late administration ceases. And we do not hesitate to express -profound regret that it was found expedient to abandon the ordinary -and regular methods of international negotiation to secure the desired -results and substitute for them the arbitrary decrees of legislation. -Especially is this action of our government to be regretted in view of -the friendly attitude of the Chinese government, which had entertained -with perfect cordiality our objections to their laboring people in this -country and had shown their willingness to do whatever seemed necessary -to remove them. - -The effect of this conduct on the part of our government, which -cannot fail to be considered by the Chinese government and people -as arbitrary, discourteous and unfriendly, upon the relations of -our people with the government and people of China is a subject in -regard to which those best qualified to decide seem to have an almost -unanimous opinion. This opinion has already been expressed in the -extracts from American and foreign journals with which this report -was introduced. They may be supplemented by numerous letters recently -received by the Chamber of Commerce from merchants and missionaries in -China. These letters are submitted to the Chamber herewith. But from -some of them a few brief extracts will be found pertinent. - -From Canton, Aug. 22, '89. A gentleman who has been a resident of -that place more than forty years writes: "The government of China has -considered the treaty made by Secretary Bayard and the Chinese Minister -in the most friendly spirit. It only refused to ratify it owing to -some additions made in the Senate to which the consent of the Chinese -Minister had not been given. There is no doubt that a little diplomacy -would have secured the acceptance of that treaty with very slight -modifications." He says further: "The Chinese government has been very -forbearing. This, however, does not imply that it does not feel the -indignity most keenly. This people will bide their time." - -From Shanghai, Aug. 14, '89. The Chamber of Commerce of Shanghai, to -which was submitted various questions on the subject, says: "It is our -opinion that as regards Shanghai, at any rate, it is incorrectly stated -that Chinese officials discriminate between American and other foreign -residents." - -From Shanghai, Aug. 9, '89. The Head Master of St John's College -writes: "I do not think that trade interests in Shanghai are in any -way affected by the Exclusion Act Among the educated Chinese there is a -strong feeling and the insult to their nation is deeply felt." - -Frazer & Co., merchants, write from Shanghai, Aug. 7, '89. "According -to the best of our knowledge and belief, it is not true, as reported in -the press, that American interests in China are suffering by reason of -this law." "If any feeling of hostility has been generated in the minds -of Chinese officials it has been caused by the rough and ready way in -which the act has been passed." - -Rev. Henry V. Noyes, now in this country, but many years resident of -China and a careful observer, writes Aug. 30, '89: - - "The antagonistic policy pursued by our government of late toward - China, if persisted in, must in the end be injurious to American - interests, both commercial and missionary. The Chinese are a long - remembering as well as a long suffering people, and they understand - well how to use the boycott principle when they consider it - expedient." - -Mr. B. C. Henry writes from Canton, Sept. 9, '89: "There is a -widespread feeling that the Chinese are sure to retaliate, and if their -policy of retaliation is not yet divulged it is only because in their -opinion the time has not come to inaugurate it. They are not likely to -forget that glaring injustice." - -A clergyman in Shanghai writes Sept. 20, '89: "Although the Americans -were in greater favor than any other people previous to this obnoxious -enactment, our popularity has suffered, and the officers are sure to -discriminate against our people to the advantage of other nations -without, of course, giving the reasons." - -In view of the facts here presented, and of the opinion widely -expressed, concerning the effects of the arbitrary action of our -government in the passage of the recent acts for exclusion of Chinese -laborers from the United States, the Committee on Foreign Commerce and -the Revenue Laws would now recommend that measures be taken by the -government of the United States to reopen the negotiations which were -unfortunately interrupted and terminated by act of Congress approved by -President Cleveland, October 1, 1888. It is believed by your committee -that the change in the administration which has taken place since that -act was passed, will readily permit a renewal of negotiations at the -point where they ceased in September, 1888, and that the government -of China will recognize and appreciate favorably a movement on the -part of the government of the United States looking to a peaceful and -friendly adjustment of all questions in dispute, and to a restoration -of the cordial good feelings that have always, till now, marked the -intercourse of the two governments. - -It is not proposed, nor even suggested, that the government of -the United States should open the way for the revival of Chinese -immigration, in violation of the convictions so long entertained and so -earnestly expressed by our fellow citizens of the Pacific States. - -But it is reasonable to believe from the tenor of the expressions of -Chinese officials and of our own representatives in China, that if -the Chinese government is frankly approached by the government of the -United States, it will cordially respond in the same spirit, and will -willingly enter into negotiations for a treaty agreement which will -be satisfactory to both governments, and put an end to the bitterness -which now seems to endanger the welfare of American citizens--whether -missionaries or merchants--in China, and to threaten our commercial -relations with China which promise to become of vast importance to -our people, with the advancing culture and development of the Chinese -Empire. - -In the words of the Hon. John A. Kasson, spoken during the debates in -Congress, in 1882: - - "It is not a debased empire. Its higher authorities are the - peers of European and American statesmen. We have here the - representatives of that people, who are orderly, who are seeking - education, who are in responsible places, who are entitled to - respect. - - "Let us be careful that we do not forfeit the friendship of a great - empire, to be still greater in the future when she shall have - accepted more and more of the principles of progress which animate - us. Let us take care that we do not forfeit that friendship, and - let us assure that great government of the honesty and good faith - of this government and of the people of the United States." - -Your Committee respectfully recommends the adoption of the following -resolutions: - - _Resolved_, That the President of the United States be and he - hereby is respectfully requested to open negotiations with the - Government of China for a peaceful and friendly adjustment of all - questions between the two Governments, and for a restoration of - the cordial good feelings which have always hitherto marked their - intercourse. - - _Resolved_, That the Secretary of the Chamber of Commerce be and he - is hereby instructed to transmit to the President of the United - States, to the members of his Cabinet and to the members of each - House of Congress a copy of the foregoing resolution, together with - a copy of the accompanying report. - - Edward H. Ammidown, } - Francis B. Thurber, } - Charles Watrous, } - Gustav H. Schwab, } - Stephen W. Carey, } - -New York, December 3d, 1889. - - * * * * * - - -Transcriber Note - - -On page 8, the word after the phrase, "extra-territorial jurisdiction" -was misprinted. The best guess as to what it says is "inferred". A -search of the Internet could not resolve this question! - - - -*** END OF THE PROJECT GUTENBERG EBOOK THE CHINESE EXCLUSION ACT *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg-tm electronic works to protect the PROJECT GUTENBERG-tm -concept and trademark. 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Thus, we do not -necessarily keep eBooks in compliance with any particular paper -edition. - -Most people start at our website which has the main PG search -facility: www.gutenberg.org - -This website includes information about Project Gutenberg-tm, -including how to make donations to the Project Gutenberg Literary -Archive Foundation, how to help produce our new eBooks, and how to -subscribe to our email newsletter to hear about new eBooks. diff --git a/old/69008-0.zip b/old/69008-0.zip Binary files differdeleted file mode 100644 index fe51189..0000000 --- a/old/69008-0.zip +++ /dev/null diff --git a/old/69008-h.zip b/old/69008-h.zip Binary files differdeleted file mode 100644 index 3b27907..0000000 --- a/old/69008-h.zip +++ /dev/null diff --git a/old/69008-h/69008-h.htm b/old/69008-h/69008-h.htm deleted file mode 100644 index 526eada..0000000 --- a/old/69008-h/69008-h.htm +++ /dev/null @@ -1,1793 +0,0 @@ -<!DOCTYPE html> -<html xmlns="http://www.w3.org/1999/xhtml" xml:lang="en" lang="en"> -<head> - <meta charset="UTF-8" /> - <title> - The Chinese Exclusion Act: Report and Resolutions Adopted by the Chamber of Commerce of the State of New York, by Anonymous\x97A Project Gutenberg eBook - </title> - <link rel="icon" href="images/cover.jpg" type="image/x-cover" /> - <style> /* <![CDATA[ */ - -body { - margin-left: 10%; - margin-right: 10%; -} - -p { - margin-top: .51em; - text-align: justify; - margin-bottom: .49em; - text-indent: 1.5em; -} - -.p0 {text-indent: 0;} - -hr { - width: 33%; - margin-top: 2em; - margin-bottom: 2em; - margin-left: 33.5%; - margin-right: 33.5%; - clear: both; -} - -hr.tb {width: 45%; margin-left: 27.5%; margin-right: 27.5%;} -hr.chap {width: 65%; margin-left: 17.5%; margin-right: 17.5%;} -@media print { hr.chap {display: none; visibility: hidden;} } - -div.chapter {page-break-before: always;} -h2.nobreak {page-break-before: avoid;} - -table { - margin-left: auto; - margin-right: auto; - border-collapse: collapse; -} - -.pagenum { /* uncomment the next line for invisible page numbers */ - /* visibility: hidden; */ - position: absolute; - left: 92%; - font-size: smaller; - text-align: right; - font-style: normal; - font-weight: normal; - font-variant: normal; -} /* page numbers */ - -.smcap {font-variant: small-caps;} -.hanging3 {margin-left: 3em; text-indent: -3em;} - -h1 {font-weight: bold; text-align: center; text-indent:0;} -h1 {font-size:2.00em; margin-top: 1.5em;} -.caption3nb {font-size:1.25em; text-align: center; text-indent:0; margin-top: 1.0em;} -.pmb2 {margin-bottom: 2em;} -.pmt4 {margin-top: 4em;} -.pmb4 {margin-bottom: 4em;} -.vsmall {font-size: 0.5em;} -.smaller {font-size: 0.8em;} -.blockquot p {margin-left: 4em; margin-right: 4em; text-align: justify;} -.tdl {text-align: left;} -.tdc {text-align: center;} -.tdr {text-align: right;} - -.blockquot p.tdc {text-align: center;} -.blockquot p.tdr {text-align: right;} - -/* Images */ - -img { - max-width: 100%; - height: auto; -} - -.figcenter {text-align: center; margin: 4em auto;} - -/* Transcriber's notes */ -.transnote {background-color: #E6E6FA; - color: black; - font-size:smaller; - padding:0.5em; - margin-bottom:5em; - font-family:sans-serif, serif; } - - /* ]]> */ </style> -</head> -<body> -<p style='text-align:center; font-size:1.2em; font-weight:bold'>The Project Gutenberg eBook of The Chinese Exclusion Act, by Anonymous</p> -<div style='display:block; margin:1em 0'> -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online -at <a href="https://www.gutenberg.org">www.gutenberg.org</a>. If you -are not located in the United States, you will have to check the laws of the -country where you are located before using this eBook. -</div> - -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Title: The Chinese Exclusion Act</p> -<p style='display:block; margin-left:2em; text-indent:0; margin-top:0; margin-bottom:1em;'>Report and Resolutions Adopted by the Chamber of Commerce of the State of New York</p> -<p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em'>Author: Anonymous</p> -<p style='display:block; text-indent:0; margin:1em 0'>Release Date: September 18, 2022 [eBook #69008]</p> -<p style='display:block; text-indent:0; margin:1em 0'>Language: English</p> - <p style='display:block; margin-top:1em; margin-bottom:0; margin-left:2em; text-indent:-2em; text-align:left'>Produced by: Tom Cosmas compiled from materials made available at The Internet Archive and are placed in the Public Domain</p> -<div style='margin-top:2em; margin-bottom:4em'>*** START OF THE PROJECT GUTENBERG EBOOK THE CHINESE EXCLUSION ACT ***</div> - - - - -<div class="figcenter" id="cover" style="width: 284px;"> - <img src="images/cover.png" width="284" height="501" alt="" /> -</div> - - -<p><span class="pagenum" id="Page_1">- 1 -</span></p> - - -<h1 class="pmt4 pmb2"><span class="vsmall">THE</span><br /> - -Chinese Exclusion Act.<br /> - - -<span class="smaller">REPORT AND RESOLUTIONS</span><br /> - -<span class="vsmall">ADOPTED BY THE</span><br /> - -<span class="smaller">CHAMBER OF COMMERCE</span><br /> - -<span class="vsmall">OF THE</span><br /> - -<span class="smaller">STATE OF NEW YORK.</span></h1> - - -<p class="tdc"><span class="smcap">December 5, 1889</span>.</p> - - -<p class="tdc"><span class="smcap">New York:</span></p> - -<p class="pmb4 tdc">1889.</p> - - -<p><span class="pagenum" id="Page_2">- 2 -</span></p> - -<p class="pmt4 pmb4 tdc"><span class="smcap">Press of De Leeuw & Oppenheimer,</span><br /> -231 William Street,<br /> -New York.</p> - - -<hr class="chap x-ebookmaker-drop" /> - -<div class="chapter"> -<p><span class="pagenum" id="Page_3">- 3 -</span></p> - -<h1 class="nobreak" id="The_Chinese_Exclusion_Act"><span class="smcap">The Chinese Exclusion Act.</span></h1> -</div> - -<p class="hanging3"><i>REPORT AND RESOLUTIONS ADOPTED BY THE CHAMBER OF -COMMERCE OF THE STATE OF NEW YORK, DECEMBER -6, 1889.</i></p> - - -<hr class="tb" /> - -<p>The committee on Foreign Commerce and the Revenue -Laws, to which was referred a communication from Mr. C. P. -Huntington relating to the Chinese Exclusion Act, submits -the following report:</p> - -<div class="blockquot"> - -<p>by a letter addressed to Mr. A. A. Low, a member of the Chamber, -by Mr. C. P. Huntington, also a member, and by Mr. Low referred -to the Chamber. As this letter is the basis of our inquiry and -embodies the views of many of the people of the United States, -it is proper that it should be given in full. It is as follows:</p> - -<p class="tdr"><span class="smcap">New York</span>, November 24th, 1888.</p> - -<p class="p0">A. A. Low, Esq.,<br /> -    Burling Slip, New York City.<br /> -</p> - -<p><i>Dear Sir:</i> I do not carry in my mind whether you have altogether retired -from the China trade; but I know you still have a keen interest in the national -prosperity and in the dignity and honor of this Government. I suppose you felt -as most other people did, last summer, when Congress passed the Chinese -Exclusion Act, that it was an unworthy proceeding which nothing but the necessities -of a partisan struggle could have brought about It may have been foreseen, -and perhaps was pointed out at the time, that the Government of China had it in -its power to inflict far more serious harm upon our country than we could upon -China, even supposing that the coming of the Chinese was the injury to our laboring -people which was charged. It seems that without uttering a word or lifting -a finger the Chinese are enabled to retaliate effectively against our commerce; so -that we have not only offered them a wanton affront, but also injured ourselves la -a twofold way, by excluding a tractable and cheap labor which we very much -need to build up our desolate places; and by the loss of a valuable trade which we -might have kept to the exclusion of our rivals. A gentleman direct from Chinese -and Japanese ports tells me that since the news of the passage of the Exclusion -Act reached China American agents there have been unable to sell any of the -coarser cotton textile fabrics, of which they had been taking large quantities. -Their wants are supplied from other sources; England, I suppose. They offer<span class="pagenum" id="Page_4">- 4 -</span> -no explanation for this change of policy, but simply say they are not baying. -Just as soon as they can supply themselves with petroleum from Asiatic oil wells -we may expect that trade to follow. Clocks and machinery can be supplied by -the English and Germans who would be glad to relieve us of the trade. The tea, -mattings, raw silks and other commodities which we need and can buy nowhere -else, Americans will have to pay for in coin, or exchange on London, when we -might have paid for them with our own products.</p> - -<p>Is not this, a heavy price to pay for the luxury of the hoodlum vote of California. -It is to be hoped that the expiring Congress will find time to undo this -pernicious piece of spiteful legislation; or, if not, that the incoming administration -will so interpret the law and instruct its ministers so as to restore the lost amity. -Just how this is to be brought about, you know as much as I do.</p> - -<p>It occurs to me that the New York Chamber of Commerce might properly -speak on this subject, and I know of no one so well fitted as yourself to move -in this matter. If you will undertake it, please do so; and if I can be of any -assistance to you in the matter, I shall cheerfully render it. It seems to me this -is a clear case where patriotic duty calls for prompt action.</p> - -<p class="tdr">Very respectfully yours,<br /> -        C. P. HUNTINGTON<br /> -</p> -</div> - -<p>That the sentiments of this letter are not peculiar to its author, -but are shared by many others in all parts of the United -States, is manifest from the following expressions taken from -prominent public journals.</p> - -<p>The <i>Commercial</i>, of Louisville, says:</p> - -<div class="blockquot"> - -<p>"The Chinese question is receiving a larger share of public attention as it becomes -apparent that the ill effects of the Exclusion Act are manifold and certain, -while it is exceedingly doubtful whether 'exclusion' can really be accomplished."</p> -</div> - -<p>The <i>Bulletin</i>, of Providence, R. I., says:</p> - -<div class="blockquot"> - -<p>"For the inspiration of the whole disgraceful business was not the public -welfare nor the public dignity, but the desire to advance public party interests by -satisfying a clamoring crowd of Pacific coast voters. With few exceptions the -leaders of either party were only too eager to grant whatever the sand lot crowd -of San Francisco desired. * * * So generally was this understood that the -harsh construction put upon the act in the late administration was accepted without -question everywhere as fairly embodying the purpose of Congress; and no -one, even among those who deplored the law and felt humiliated in their citizenship -by it, ever thought to doubt the correctness of the decision, but looked upon -it as the natural conclusion to a piece of shameful demagogism.</p> - -<p>"Some day, doubtless, we shall learn that by insulting a sensitive people -who are essential to the development of our commerce on the Pacific, and who -might have been made valuable customers, we have spited nobody so much as -ourselves."</p> - -<p>"The San Francisco <i>Report</i>," says the Atlanta <i>Journal</i>, "has amended the -California slogan, 'The Chinese must go.' It says that the agriculturists who -cannot get along without them must also go; that 'if they have become so far -demoralized as to prefer to associate with yellow slaves rather than with their<span class="pagenum" id="Page_5">- 5 -</span> -fellow-countrymen, California can hardly be a desirable place of residence for -them.' Isn't it about time to consider whether we are not pushing to hurtful extremes -the policy of excluding workingmen from this country."</p> - -<p>"The St Paul <i>Pioneer Press</i> characterizes the regulation forbidding Chinese -laborers from landing at American ports, for any purpose whatever, as being -'about as stringent as the old anti-Huguenot laws of France.' And that paper -goes on to say, 'It is to the material interest of this country to cultivate friendly -relations with China. We want her trade, now largely going to Great Britain, -but we cannot expect to get it by hurling exclusion acts at her. As a matter of -fact the anti-Chinese laws now existing have not kept many Chinese out of the -country. They come in with the greatest ease through British Columbia and -Mexico. There are just as many Chinese in the country as there were in 1880. -This is the result of about forty years' Immigration. And, as these people cling -more fondly to their native heath than any other in the world, the dangers of their -overrunning this continent, even if all its ports were thrown open to them, is altogether -imaginary."</p> - -<p>The Omaha <i>Bee</i> declares that "the matter possesses the interest of an International -question, the decision of which will hardly fall to have a more or less -important bearing upon our future relations with China;" and "the Chinese -government may reasonably be expected to regard the discrimination against -Its people as evidence of a seated hostility to them which self-respect would -compel it to resent. Chinese merchants have already done so to the detriment -of our commerce with China, but a further evidence of American aversion to the -people of China may move the government of that country to take notice of the -feeling in a way that might prove of a considerable damage to us."</p> -</div> - -<p>The <i>Daily Commercial Bulletin</i>, of New York, in the course of a -long and well considered article on "China as a Market for Americans," -after commenting on the enterprising tendencies of the -present government of China, says:</p> - -<div class="blockquot"> - -<p>It is absolutely certain, that the opening up of China, with its enormous population, -must, despite native views to the contrary, mean a great impetus to her -foreign trade. The railroad ordered to be made will be followed by similar enterprises -in other directions. The interior of China, of which we know so little, and -the inhabitants of which know still less about us, will then be brought into contact -with Western manufacturers; and it needs no spirit of prophecy to tell what the -tremendous outcome of that will be. With an area of about 5,000,000 square miles, -and a population of over 400,000,000 souls, the possibilities of international trade -with the Chinese Empire in future generations are altogether beyond calculation.</p> - -<p>In this connection it will be well to examine our own position with regard to the -commerce of China. A return recently issued by the Maritime Customs Office of -that country gives the imports of foreign merchandise (apart from the junk trade -with Hong Kong and Macao) for the year 1888 as $130,000,000—an increase on -1887 of 11 per cent. This improvement is part of a continuous growth, as the -imports for the following years show.</p> - -<table style="width: 15em;"> -<tr> - <td class="tdl">1883</td> - <td class="tdr">$91,500,000</td> -</tr> -<tr> - <td class="tdl">1884</td> - <td class="tdr">90,000,000</td> -</tr> -<tr> - <td class="tdl">1885</td> - <td class="tdr">110,000,000</td> -</tr> -<tr> - <td class="tdl">1886</td> - <td class="tdr">109,000,000</td> -</tr> -<tr> - <td class="tdl">1887</td> - <td class="tdr">117,500,000</td> -</tr> -<tr> - <td class="tdl">1888</td> - <td class="tdr">130,000,000</td> -</tr> -</table> -</div> - -<p><span class="pagenum" id="Page_6">- 6 -</span></p> - -<div class="blockquot"> - -<p>The increase in the six years is thus no less than 43 per cent. Of the total imports -last year, cotton goods represent $55,000,000, or 42 per cent. Our exports -to China (exclusive of Hong Kong) were as follows:</p> - -<p class="tdc">YEAR ENDING JUNE 30</p> - -<table style="width: 15em;"> -<tr> - <td class="tdl">1883</td> - <td class="tdr">$4,100,000</td> -</tr> -<tr> - <td class="tdl">1884</td> - <td class="tdr">4,600,000</td> -</tr> -<tr> - <td class="tdl">1885</td> - <td class="tdr">6,400,000</td> -</tr> -<tr> - <td class="tdl">1886</td> - <td class="tdr">7,500,000</td> -</tr> -<tr> - <td class="tdl">1887</td> - <td class="tdr">6,200,000</td> -</tr> -<tr> - <td class="tdl">1888</td> - <td class="tdr">4,600,000</td> -</tr> -</table> - -<p>These exports are made up almost entirely of cotton goods and petroleum. -The exports of the former were greatest in 1887, when they reached $5,180,000, -and of the latter in 1886, when they reached $2,400,000. For the year 1889 it is -expected that the volume of imports into China will show the rate of expansion -well maintained. For the year ending 30th June last our exports of cotton goods -have fallen to $1,500,000, and of petroleum to $900,000—a decrease of 71 and 61 -per cent, respectively from the best figures shown during the preceding six years. -Thus, not only have we had no share in the increased imports into China, but -have lost ground absolutely as well as relatively. In both leading divisions the -decline can in some degree be traced to the natural effects of successful competition -of other countries, notably Great Britain in cottons, and Russia in petroleum. -It is certain, however, that it has been accelerated by the resentment aroused in -China by our anti-Chinese legislation. The position demands the attention of our -government as well as of our manufacturers, and we believe that when it is fully -realized steps will be taken to regain the friendly interests of a nation whose possibilities -are well nigh as great as our own.</p> -</div> - -<p>The Japan <i>Gazette</i>, of Yokohama, 26th September, in a long -article on "The United States and China," referring to reported -measures of retaliation on the part of China for the treatment of the -Chinese in the United States, says:</p> - -<div class="blockquot"> - -<p>It is not easy to discover that any other course than the one which formed the -subject matter of the conference remains for China to adopt as a counter thrust for -the humiliation and indignity America has cast upon her. It is far from our desire -to say that the United States was not perfectly justified in adopting the measure -she did to prevent the celestial octopus stretching its vicious self over her territory. -Justification in the highest existed. Chinese immigration thither had assumed -alarming proportions and it was characterized by all those damning features ever -associated with the Chinese element. The danger is one which faces America -just as it has faced the Colonies, and it is well for those of our own color that it -should be opposed by the best modes of defense. Only one result is aimed at, but -it may be possible to achieve all that is desired by a plurality of methods. Perhaps -America has not adopted the right one; at any rate she has clearly ruffled Chinese -dignity. Such a decided act as hers, although, as we think, justified, was perhaps -impolitic as the result indicates.</p> -</div> - -<p>With these expressions of opinion as to the effect of the act -and its policy, as an introduction, we now proceed to give as briefly -as possible a record of the events that have led up to the present<span class="pagenum" id="Page_7">- 7 -</span> -condition of our relations with the Chinese and to the passage of -the Act referred to in its present form, in the Autumn of 1888.</p> - -<p>The discovery of gold in California in 1848, an event which -perhaps more then any other in recent times has contributed to the -commercial and industrial growth of nations, first brought the people -of the United States into social and business relations with the -Chinese. Attracted by reports of the wealth to be found in our -mines and excited by the return of some of the pioneers of their -race, bearing in their hands the golden fruit of their toils, the -stream of immigration began. For twenty years it grew in volume -until, in 1876, the number of Chinese in California was about -100,000. A very much greater number had come to this country, -but a large proportion of them had returned to their homes, and -at the close of this period of twenty-seven years it appears from -the census reports that the number returning was nearly as large -as the number arriving.</p> - -<p>The growth of this Chinese immigration directed attention to -the diplomatic relations between the government of China and the -United States. The first treaty with China in 1844, and the second -treaty of 1858, were limited to the purpose of protecting American -citizens doing business in China. The important right secured by -these treaties was that by which Americans charged with offenses -should be tried by United States laws in Consular Courts. These -treaties related exclusively to the rights and privileges of Americans -in China and defined the ports or limits within which they might -reside for the purposes of trade.</p> - -<p>Mr. Hamilton Fish, our Secretary of State, in a communication -to Mr. Bancroft, then American Minister at Berlin, dated August -31, 1869, says: "The communication between China and the outside -world was merely confined to the trading points. With the -intellects that rule that nation of 450 millions of people, with the -men who gave it its ideas and directed its policy, with its vast internal -industries, with its great agricultural population, the traders -consuls and functionaries of the ports rarely came into contact except -in the contact of war.</p> - -<p>The European Chinese policy was one of isolation, inasmuch as -it only sought the development of a foreign trade at certain particular -ports, and of disintegration, as it practically ignored the -Central government and made war upon the provinces to redress -its grievances and enforce its demands."</p> - -<p>This describes the relations between China and the outside<span class="pagenum" id="Page_8">- 8 -</span> -world, at the time the emigration of her people to our Pacific -coast was rapidly increasing, and beginning to excite general interest. -It may therefore be readily conceived that when it was -announced that Mr. Burlingame, American Minister to China, had -resigned his commission to accept the post of Ambassador of China -to the Western nations, it attracted universal attention. When it -became known that this appointment was for the purpose of introducing -China into the family of civilized nations, and of removing -the barriers which had hitherto excluded her from intercourse with -the great nations of the world, attention became curiosity and -curiosity was supplanted by a general sense of rejoicing at this -sudden conversion to the ways of modern civilization of a nation -comprising a quarter of the population of the globe.</p> - -<p>Mr. Burlingame, in his capacity as Ambassador of China, negotiated -a treaty with the United States, described by Mr. Fish in the -letter above referred to, as follows: "The treaty negotiated by Mr. -Burlingame and his colleagues was a long step in another direction. -It came voluntarily from China and placed that power in theory on -the same diplomatic footing with the nations of the Western world. -It recognized the imperial government as the power to withhold -or to grant further commercial privileges, as also the power whose -duty it is to enforce the peaceful enjoyment of the rights already -conferred."</p> - -<p>"While it confirms the extra-territorial jurisdiction inferred -by former treaties upon European and American functionaries over -the persons and property of their countrymen, it recognizes at the -same time the territorial integrity of China, and prevents such jurisdiction -from being stretched beyond its original purpose. While it -leaves in China the sovereign power of granting to foreigners hereafter -the right to construct lines of railroads and telegraphs, of -opening mines, of navigating the rivers of the Empire with steamers -and of otherwise increasing the outlets of its wealth by the -use of the appliances of Western civilization, it contemplates that -China shall avail herself of these appliances by reasonable concessions -to be made as public necessities, and as the power of the -government to influence public opinion will permit."</p> - -<p>Such was the view held by our Secretary of State of the value -and importance of the Burlingame Treaty of July, 1868. And -pending its ratification by the Chinese government, which was<span class="pagenum" id="Page_9">- 9 -</span> -delayed for more than a year, Mr. Fish expressed his solicitude in -the following language:</p> - -<div class="blockquot"> - -<p>"The President thinks it would be well to have defined by -law, as soon as possible, the relations that are hereafter to exist -between the United States and China. Many considerations call -for this. Every month brings thousands of Chinese immigrants -to the Pacific coast Already they have crossed the great mountains -and are beginning to be found in the interior of the continent. -By their assiduity, patience and fidelity, and by their intelligence, -they earn the good will and confidence of those who employ -them. We have good reason to think that this thing will continue -and increase. On the other hand, in China, there will be an increase -in the resident American and European population, not by -any means commeasurate with the growth of Chinese immigration -to this country, but corresponding with the growth of our -country, with the development of its resources on the Pacific Slope, -and with the new position in the commerce of the world which it -takes with the completion of the Pacific Railroad."</p> -</div> - -<p>There is reason to believe that the sentiments expressed by -our Secretary of State, in 1869, and by him attributed to President -Grant, were at that time the sentiments of the whole country, -including the Pacific coast.</p> - -<p>The special features of the Burlingame Treaty may be found -in Articles V. and VI. In its other parts it substantially confirmed -the provisions of former treaties. Article V. contains the remarkable -provision by which both parties "recognize the inherent and -inalienable right of man to change his home and allegiance, and -also the natural advantage of the free migration and emigration of -citizens and subjects from one country to another for purposes of -curiosity, of trade, or as permanent residents."</p> - -<p>This was peculiarly an American doctrine which had for many -years been a vexed subject of diplomatic negotiations with European -countries, and its recognition in the Burlingame Treaty was naturally -regarded as a great triumph. The same article provided -for the prevention of involuntary emigration, which, under the -name "Coolie Trade," had aroused the indignation of the civilized -world.</p> - -<p>Article VI. gave citizens of the United States in China all the -rights and privileges of citizens of the most favored nations, and -to Chinese in this country the same rights as were enjoyed by subjects -of the most favored nations.</p> - -<p><span class="pagenum" id="Page_10">- 10 -</span></p> - -<p>President Hayes in his veto massage of Mar. 1, 1879, says: "The -principal feature on the Burlingame Treaty was its attention to and -its treatment of the Chinese immigration, and the Chinese, forming, -or as they should form, a part of our population." "Up to this -time our uncovenanted hospitality, our fearless liberality of citizenship, -our equal and comprehensive justice to all inhabitants, -whether they abjured their foreign nationality or not, our civil -freedom, and our religious toleration, had made all comers welcome, -and, under these protections, the Chinese, in considerable -numbers, had made their lodgment on our soil." "The Burlingame -Treaty undertakes to deal with this situation, and its Vth and -VIth articles embrace its most important provisions in this regard, -and the main stipulations in which the Chinese government has -secured an obligatory protection of its subjects within our territory."</p> - -<p>In other words, the United States in consideration of certain -obligations assumed by China, entered into a solemn contract to -treat the Chinese coming to this country, as they always had been -treated, and as immigrants from all other countries had always -been treated.</p> - -<p>What had always been our custom became a treaty obligation -in return for certain covenants on the part of China, the chief of -which was that all involuntary emigration was to be forbidden and -penalties imposed to prevent it, and punish those who should in -violation of the law engage in it.</p> - -<p>Senator Morton of Indiana, said, "that this treaty was regarded -by the whole nation as a grand triumph of American diplomacy -and principles, and Mr. Burlingame as a benefactor of his country."</p> - -<p>It is essential to observe that at the time of the approval of -this treaty, and its recognition as a beneficial act for this country, -the Chinese had been here in great numbers for more than twenty -years. The record of their arrival as found in the Report of the -Joint Special Committee of Congress, in 1876, shows that the -whole number of Chinese in the United States at that time was -about 114,000, and in California about 94,000. Another witness -makes it about 4,000 less. It also appears that the largest arrivals -were in the years 1848 to 1854. In that period the arrivals were -over 50,000 and the departures about 8,000, leaving in the country -at the beginning of 1855 about 42,000—or nearly half the whole -number in California in 1876, twenty years later. In 1869, the -number had reached about 70,000, or three-fourths the number<span class="pagenum" id="Page_11">- 11 -</span> -found in California in 1876. It is therefore obvious that the -people of California and of the whole United States had had prior -to the approval of the Burlingame Treaty, ample opportunity to -become familiar with the character of the Chinese. Nevertheless -the treaty was welcomed which protected them in this country -and encouraged their immigration.</p> - -<p>This reflection brings us to one of the most remarkable changes -of public sentiment on the Pacific coast, which has probably ever -characterized a people, a change as sudden as it was remarkable, -and as universal as it was sudden. Almost immediately after the -confirmation of the Burlingame Treaty, in 1869, murmurs began to -be heard in California, hostile to the Chinese. As early as December -22, 1869, an appeal was made to Congress for legislation to -restrict Chinese immigration. Each successive Congress was -appealed to but without effect until the 44th Congress, in 1876, -appointed a joint committee to take testimony, and in 1877 passed a -resolution calling on the President to "open negotiations with the -Chinese government for the purpose of modifying the provisions -between the two countries and restricting the same to commercial -purposes." At the same time the Legislature of California -appointed a special committee to investigate the subject and prepare -a memorial to Congress. It was issued August, 1877, as an -"Address to the people of the United States, upon the social, -moral and political effect of Chinese immigration." This address -contains evidence to prove that "the Chinaman is a factor hostile -to the prosperity, the progress and the civilization of the American -people."</p> - -<p>The report of the Joint Committee of Congress, February, 1877, -which fills a large volume of nearly 1,300 pages, contains similar -evidence in greater detail, showing the unfitness of the Chinese, by -their social and moral characteristics, by their religion and by their -peculiar and apparently ineradicable desire to return to their native -country, dead or alive—to form part of our population, to amalgamate -with or be absorbed into it, as other races have been. It points -out the fact that they come here, as a rule, without wives or children, -live apart from other races, form no attachments to the soil or to our -people, and by their lack of family relations and children present -no facilities for association with our people, and no opportunities -for growing into conditions or habits, which would tend to make -them ultimately homogeneous with us. Furthermore, it was -claimed by many witnesses, that the Chinese were a festering<span class="pagenum" id="Page_12">- 12 -</span> -mass of corruption in the body politic, threatening to destroy the -moral and physical health of the people, and that there were no -other means of preventing this result than for the government to -intervene, and by some modification of the treaty with China, check -Chinese immigration.</p> - -<p>The evidence on the other side was no less complete, showing -the virtue, integrity, cleanliness, industry, skill, peaceableness, and, -in general, the desirableness of the Chinese as an industrial element -of our population.</p> - -<p>It must be acknowledged that the witnesses on this side of the -case were, as a rule, of the highest personal character, men of great -intelligence, familiar, by practical relations, with the Chinese in -various capacities, and many of them men who had learned the -character of the Chinese by long residence in China.</p> - -<p>It is also apparent that the conduct of the examination was in -a spirit of bitter hostility to the Chinese and with a determination -rather to prove the case against them than to ascertain the truth. -The report as presented to Congress by Senator Sargent, of California, -representing a majority of the joint committee, is adverse to -the Chinese and recommends immediate steps to restrict the privileges -granted by the treaty. On the other hand Senator Oliver P. -Morton, the chairman of the committee, who heard patiently all -the testimony, in a fragmentary paper, intended as the basis for a -minority report, which was printed by order of the Senate after Mr. -Morton's death, took strong grounds in favor of maintaining the -treaty. He says: "The testimony shows that the intellectual -capacity of the Chinese is fully equal that of white people. Their -ability to acquire the mechanic arts and to imitate every process -and form of workmanship, ranks very high, and was declared by -many witnesses to be above that of white people, and their general -intellectual power to understand and master any subject presented -to the human understanding, to be quite equal to that of any other -race" His conclusions are briefly embodied in the following sentences: -"As Americans, charged with the administration of the -laws by which equal rights and protection shall be extended to all -races and conditions, we cannot now safely take a new departure -which, in another form, shall resurrect and re-establish those -odious distinctions of race which brought upon us the late civil -war, and from which we fondly hoped that God in his providence -had delivered us forever." "If the Chinese in California were white -people, being in all other respects what they are, I do not believe<span class="pagenum" id="Page_13">- 13 -</span> -that the complaints and warfare against them would have existed -to any considerable extent." "Their difference in color, dress, -manners and religion have, in my judgment, more to do with this -hostility than their alleged vices, or any actual injury to the white -people of California." He further adds, by way of suggestion of a -remedy for their persecution: "Complete protection can be given -them only by allowing them to become citizens and acquire the -rights of suffrage when their votes would become important in elections -and their persecutions in great part converted into kindly -solicitation."</p> - -<p>These are the opinions of one who was doubtless the largest -minded man on the committee, and who, being free from local -influences and prejudices, and evidently aiming only at conclusions -which were sustained by the testimony, justly commands from -the disinterested inquirer, the highest degree of confidence.</p> - -<p>We have been thus prolix in comments upon the report of the -joint committee, because it was the basis of all subsequent acts -relating to the Chinese, and must be considered as the most complete -testimony on the Chinese question on both sides.</p> - -<p>It would be impracticable to follow the debates on this question -which have to a greater or less extent occupied the attention of Congress -and the country from the time this report was made down to -the present day. On the one side was urged our duty to humanity -and to the principles of human liberty on which our government is -founded; the importance of maintaining friendly relations with -China, for religious and moral as well as for commercial purposes; -the unreasonableness of the fears which prevailed in some quarters -that the Chinese would overrun this country, or reduce its standard -of civilization. It was shown that the emigration was limited -to a district of China about the size of Connecticut, and for reasons -founded upon peculiarities of language and inherited habits, would -never affect the population of China outside of this region. It was -shown that this class of Chinese was distinguished for thrift, integrity -and cleanliness.</p> - -<p>On the other side while admitting the importance of the general -propositions as to our treaty obligations, and humanitarian -reasons, the arguments and facts brought forward by the friends -of the Chinese were diametrically contradicted. The coming of -the Chinese was denounced as a horrible invasion, tending to dishonor -labor, corrupt our morals and disintegrate our civilization. -Into the discussion from the start has been injected a political<span class="pagenum" id="Page_14">- 14 -</span> -issue, which has determined every vote taken in Congress; the -issue as to the partisan control of the Pacific States. To illustrate -this fact we call to mind the famous Morey letter, a forgery, imputed -to Gen. Garfield in October, 1880, in which he was made to favor -the importation of Chinese labor, in order to defeat his election. -Both Republicans and Democrats feared the consequence of opposing -the wishes of the people of California and the adjoining -States. And no one could doubt what their wishes were respecting -Chinese immigration. For this reason, from the outset, the -veto of the President has been the only barrier in defense of our -treaty obligations and of the rights of the Chinese in the United -States.</p> - -<p>The next move in the direction of a change was a resolution by -Congress, early in 1878, requesting President Hayes "to open correspondence -immediately with a view of securing a change or -abrogation of all stipulations in existing treaties which permit unlimited -immigration of Chinese to the United States." This resolution -never reached the President, and therefore nothing was -done. Early in 1879 the Committee on Education and Labor introduced -"an act to restrict the immigration of Chinese to the -United States." This was the first of a series of acts passed for the -same purpose. It limited the number of Chinese passengers by -any one vessel to fifteen, and was vetoed by President Hayes for -the general reason that it was in violation of treaty stipulations. -He adds the special reason that, "the recession of emigration from -China to the Pacific coast relieves us from any apprehension that -the treatment of the subject by the proper course of diplomatic -negotiations will introduce any new features of discontent or disturbance -among the communities directly affected," and he deprecates -violation of our treaties with China as more injurious than -any local inconveniences.</p> - -<p>In reference to this last mentioned act, a special meeting of the -Chamber of Commerce was held on the 27th of February, 1879, at -which earnest addresses were made in opposition to the passage of -the Act by Messrs. A. A. Low, Wm. H. Fogg, Elliot C. Cowdin, -Jackson S. Shultz, Charles Watrous and Isaac Phillips.</p> - -<p>Resolutions, embodying this sentiment and calling on the Government -to fulfil its treaty stipulations, were unanimously adopted.</p> - -<p>Similar resolutions were adopted in various places, chiefly along -the Atlantic coast.</p> - -<p>Meantime the voters of California, in September, 1879, in conformity<span class="pagenum" id="Page_15">- 15 -</span> -with a recent law of the State, met at the polls to express -the wishes of the people respecting Chinese immigration. For -Chinese immigration there were cast 883 votes, against it were -154,638 votes, and the entire vote of the State was cast within less -than 4,000. In Nevada the vote was 183 for and 17,259 against it.</p> - -<p>In March, 1880, the Committee of the House of Representatives -on the Causes of the Depression of Labor, submitted a report -attributing much of the existing trouble to the presence of -the Chinese. Although the minority condemned this view, and -charged the majority with prejudice, the report resulted in an -inquiry addressed to the President respecting the step% if any, -which had been taken to change the Burlingame Treaty. To -this Secretary Evarts replied that no definite measures had been -concluded, but "that preparation had been laid for a conclusive -disposition of the matter." Following this, at an early date, came -the appointment of James B. Angel, John F. Swift and Wm. Henry -Trescot, Commissioners Plenipotentiary of the United States to -China, for the purpose of securing, by friendly negotiation, the -desired modification of the Burlingame Treaty. They were cordially -received by the Chinese government, and "two Chinese -Commissioners of high rank and large influence, both members of -the Privy Council of State," were appointed, with full powers -to consider their demands. After a comparatively brief discussion, -which was marked on the part of the Chinese government by -courtesy and by a friendly desire to treat with great consideration -the wishes of the United States, the modifications were agreed -to and a new treaty was signed on the 17th of November, 1880.</p> - -<p>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<span class="pagenum" id="Page_16">- 16 -</span> -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."</p> - -<p>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.</p> - -<p><span class="pagenum" id="Page_17">- 17 -</span></p> - -<p>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.</p> - -<p>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:</p> - -<div class="blockquot"> - -<p>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.</p> - -<p>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<span class="pagenum" id="Page_18">- 18 -</span> -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.</p> -</div> - -<p>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.</p> - -<p>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."</p> - -<p>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.</p> - -<p>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<span class="pagenum" id="Page_19">- 19 -</span> -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."</p> - -<p>To this, the President replied that "negotiation for a treaty -was commenced many months ago and has since continued," and -he expressed, "the hope and expectation that a treaty will soon be -concluded concerning the immigration of Chinese laborers, which -will meet the wants of our people, and the approbation of the -Senate."</p> - -<p>After prolonged discussion between Mr. Bayard, our Secretary -of State, and Mr. Chang Yen Hoon, the Chinese Minister at Washington, -a new treaty was agreed upon on the 12th of March, 1888, -and approved by the Senate in the course of a few weeks afterwards. -This treaty declares: "Whereas the government of China, -in view of the antagonisms and much deprecated and serious disorders -to which the presence of Chinese laborers has given rise in -the United States, desires to prohibit the emigration of such -laborers from China to the United States," and proceeds to agree -in Art. I., that for a period of twenty years, the coming of Chinese -laborers shall be absolutely prohibited, with certain exceptions, -including such as may have wives or property amounting to $1,000 -in this country, and shall return here after an absence of not more -than one year.</p> - -<p>It provides for the maintenance of former stipulations concerning -other classes of Chinese, and that laborers may have the -right of transit across the country. It also provides that Chinese -of all classes in the country shall have all the rights and privileges -of the most favored nations, except that of naturalization, and the -United States agrees to protect them in such rights.</p> - -<p>This treaty was to remain in force twenty years and be continued -indefinitely after that time unless formal notice should be -given by either side of intention to terminate it.</p> - -<p>On the 12th of May, 1888, the Chinese Minister wrote to Mr. -Bayard that he had sent the treaty to his government for ratification.</p> - -<p>On the 5th of September the Senate by resolution inquired of -the President "whether the recent treaty with China had been -ratified by the Emperor."</p> - -<p>In reply to this the President transmitted dispatches from our -Minister in China, first, to the effect that no "information had been<span class="pagenum" id="Page_20">- 20 -</span> -received," and, second, that the "treaty had been postponed for -further deliberation."</p> - -<p>Pending the further deliberation of which our Minister in -China had given notice, a bill was introduced in the Senate of the -United States to enact into law the provisions of the proposed -treaty and provide for their execution. This bill was approved on -the 13th of September, 1888; and, as if not satisfied with this act -of disrespect to a friendly government, which had frankly conceded -our demands, and was at the time deliberating upon the formal -approval of the treaty which accorded them, another bill was introduced -into Congress for similar purposes, but still more aggravating -to the Chinese government It was passed and finally -approved October 1, 1888. It provides "that from and after the -passage of this act it shall be unlawful for any Chinese laborer -who shall at any time heretofore have been, or who may now or -hereafter be, a resident within the United States, and who shall have -departed or shall depart therefrom and shall not have returned -before the passage of this act, to return to or remain in the -United States; that no certificate of identity, etc., shall be issued, -and every certificate heretofore issued is declared void, and the -Chinese laborer claiming admission by virtue thereof shall not be -permitted to enter the United States." It further repeals all parts -of the act of 1882 which may be inconsistent with this act.</p> - -<p>In a message to Congress, dated October 1, 1888, in which -President Cleveland signifies his approval of the act just above -referred to, he enters into a formal apology for the conduct of the -government in refusing to await the deliberations of the Chinese -government The President states that on the 21st September he -had received a telegram from our Minister in China "announcing -the refusal to exchange ratifications unless further discussion -could be had," and that in view of this refusal "an emergency -had arisen in which the government of the United States is -called upon to act in self defense by the exercise of its legislative -power."</p> - -<p>The official correspondence submitted with this message shows -that while the general purpose of the treaty was approved by the -Chinese government some of the details caused dissatisfaction -to the Chinese people, and for that reason the Chinese government -desired that the treaty should be reconsidered.</p> - -<p>A communication from the Chinese legation in Washington, -dated Sept 25, 1888, informs Secretary Bayard that the Chinese<span class="pagenum" id="Page_21">- 21 -</span> -Minister would return to Washington in twenty-two or twenty-three -days to reopen the discussion of some of these details and -hopes, from the cordial relations which have hitherto existed -between the two governments, that satisfactory conclusions will be -reached.</p> - -<p>But on the 18th of September, a week before the above correspondence -took place, Secretary Bayard sent the following dispatch -to our Minister in China:—"Denby, Minister, Peking: The bill -has passed both houses of Congress for total exclusion of Chinese, -and awaits President's approval. Public feeling on the Pacific -coast excited in favor of it, and situation critical. Impress on -government of China necessity for instant decision in the interest -of treaty relations and amity. Bayard." Imagine the effect of -this lash and spur applied to the stately and exalted Emperor of -China and his dignified counsellors, especially in view of the -courtesy and conciliation with which they had uniformly treated -our government and its representatives.</p> - -<p>Minister Denby replied, on Sept 21st, that the Chinese government -refused ratification unless after further consideration of -details, and this it was preparing to give, as shown by the correspondence -of Sept. 26th, already quoted.</p> - -<p>The extraordinary haste with which our government proceeded -thus to affront its ancient friend—to override its formal treaty -stipulations, and substitute arbitrary legislation for diplomatic -negotiations—presents a spectacle to which no American can well -recur without a sense of mortification that the government of the -United States should have shown itself so far inferior in courtesy -and justice to the government of a nation, ordinarily, though -erroneously, considered barbarian.</p> - -<p>It is difficult to discover the emergency to which the President -refers as his justification. It is evident that under existing treaties -with China and the laws enacted in pursuance thereof, the objections -to Chinese immigration had been substantially removed. -The difficulties which remained were only in details, to secure the -more perfect execution of the laws. The Chinese had ceased to -come in dangerous numbers. Those who were here were spreading -over the country, learning our language and usages, and everywhere -proving themselves a quiet, law abiding and inoffensive -people. The complaints, which formerly were heard, of their -depressing influence on wages and labor, had ceased to be frequent -or urgent. The Chinese were found to be apt in demanding<span class="pagenum" id="Page_22">- 22 -</span> -high wages, as they were commendable in saving them. Nowhere -in the country was there any pressing demand for this class legislation. -It can be explained only on the theory that a presidential -election was pending, and that a demonstration must be made to -capture the vote of the Pacific States. It may be said that these -harsh and unnecessary measures, which were adopted just before -the election of 1888, were not vigorously opposed by the anti-administration -party, for reasons similar to those which inspired -the promoters of those measures.</p> - -<p>To close this already too lengthy statement of the circumstances -which have led up to our present relations with China, it -may be added that the Supreme Court of the United States has -this year affirmed the constitutionality of the Chinese Exclusion -Act, so called, on the broad ground of the power of Congress to -abrogate a treaty. And it cannot be denied that the act itself, and -the decision of the Supreme Court, were received with great satisfaction -by the people of California: On this subject the San Francisco -<i>Chronicle</i>, perhaps the best exponent of public opinion on the -Pacific coast, and in politics an earnest Republican, concludes as -follows:</p> - -<div class="blockquot"> - -<p>So it is settled by the highest authority in the land that the Chinese laborer -cannot come to the United States to compete with our own workingmen on our -own soil. The effect of this decision cannot fail to be salutary. It must result in -dignifying labor by removing it from enforced competition with what is virtually -servile labor; for as surely as debased coin will drive honest coin out of circulation, -so surely will the presence of servile labor in a community cast a stigma -upon free labor and drive it out of the market.</p> - -<p>Now the process of elimination can begin in earnest, and in place of the -departing coolie we may look for that kind of labor which builds up a community -and adds to the growth and prosperity of a nation. Now we may with a dear -conscience invite labor from the older States, and insure it against being met on -the threshold of California by a horde of Mongolians who can underbid any white -labor and put it to flight. Now the regeneration of California can really begin; -and if we desire to add another annual holiday to our list we may well celebrate -the 13th of May, the day of the final decision of the Chae Chan Ping case.</p> -</div> - -<p>In the presence of these convictions, representing the sense -of that part of the American people who have the best opportunity -of knowing the effect of Chinese immigration—and who have at an -earlier day expressed their judgment by the emphatic vote of 800 -for and 154,000 against Chinese immigration—there can be no -question as to the propriety of terminating that immigration so far -as it may be offensive to that important part of this nation which it -most closely affects.</p> - -<p><span class="pagenum" id="Page_23">- 23 -</span></p> - -<p>But with this acknowledgement our approval of the anti-Chinese -measures of the late administration ceases. And we do not -hesitate to express profound regret that it was found expedient to -abandon the ordinary and regular methods of international negotiation -to secure the desired results and substitute for them the -arbitrary decrees of legislation. Especially is this action of our -government to be regretted in view of the friendly attitude of the -Chinese government, which had entertained with perfect cordiality -our objections to their laboring people in this country and had -shown their willingness to do whatever seemed necessary to remove them.</p> - -<p>The effect of this conduct on the part of our government, which -cannot fail to be considered by the Chinese government and people -as arbitrary, discourteous and unfriendly, upon the relations of -our people with the government and people of China is a subject -in regard to which those best qualified to decide seem to have an -almost unanimous opinion. This opinion has already been expressed -in the extracts from American and foreign journals with -which this report was introduced. They may be supplemented by -numerous letters recently received by the Chamber of Commerce -from merchants and missionaries in China. These letters are -submitted to the Chamber herewith. But from some of them a few -brief extracts will be found pertinent.</p> - -<p>From Canton, Aug. 22, '89. A gentleman who has been a -resident of that place more than forty years writes: "The government -of China has considered the treaty made by Secretary -Bayard and the Chinese Minister in the most friendly spirit. It -only refused to ratify it owing to some additions made in the Senate -to which the consent of the Chinese Minister had not been -given. There is no doubt that a little diplomacy would have secured -the acceptance of that treaty with very slight modifications." -He says further: "The Chinese government has been very forbearing. -This, however, does not imply that it does not feel the -indignity most keenly. This people will bide their time."</p> - -<p>From Shanghai, Aug. 14, '89. The Chamber of Commerce of -Shanghai, to which was submitted various questions on the subject, -says: "It is our opinion that as regards Shanghai, at any -rate, it is incorrectly stated that Chinese officials discriminate between -American and other foreign residents."</p> - -<p>From Shanghai, Aug. 9, '89. The Head Master of St John's -College writes: "I do not think that trade interests in Shanghai<span class="pagenum" id="Page_24">- 24 -</span> -are in any way affected by the Exclusion Act Among the educated -Chinese there is a strong feeling and the insult to their -nation is deeply felt."</p> - -<p>Frazer & Co., merchants, write from Shanghai, Aug. 7, '89. -"According to the best of our knowledge and belief, it is not true, -as reported in the press, that American interests in China are suffering -by reason of this law." "If any feeling of hostility has been -generated in the minds of Chinese officials it has been caused by -the rough and ready way in which the act has been passed."</p> - -<p>Rev. Henry V. Noyes, now in this country, but many years -resident of China and a careful observer, writes Aug. 30, '89:</p> - -<div class="blockquot"> - -<p>"The antagonistic policy pursued by our government of late -toward China, if persisted in, must in the end be injurious to American -interests, both commercial and missionary. The Chinese are a -long remembering as well as a long suffering people, and they understand -well how to use the boycott principle when they consider -it expedient."</p> -</div> - -<p>Mr. B. C. Henry writes from Canton, Sept. 9, '89: "There is a -widespread feeling that the Chinese are sure to retaliate, and if -their policy of retaliation is not yet divulged it is only because in -their opinion the time has not come to inaugurate it. They are -not likely to forget that glaring injustice."</p> - -<p>A clergyman in Shanghai writes Sept. 20, '89: "Although the -Americans were in greater favor than any other people previous to -this obnoxious enactment, our popularity has suffered, and the officers -are sure to discriminate against our people to the advantage -of other nations without, of course, giving the reasons."</p> - -<p>In view of the facts here presented, and of the opinion widely -expressed, concerning the effects of the arbitrary action of our government -in the passage of the recent acts for exclusion of Chinese -laborers from the United States, the Committee on Foreign Commerce -and the Revenue Laws would now recommend that measures -be taken by the government of the United States to reopen the -negotiations which were unfortunately interrupted and terminated -by act of Congress approved by President Cleveland, October 1, -1888. It is believed by your committee that the change in the -administration which has taken place since that act was passed, -will readily permit a renewal of negotiations at the point where they -ceased in September, 1888, and that the government of China will -recognize and appreciate favorably a movement on the part of the<span class="pagenum" id="Page_25">- 25 -</span> -government of the United States looking to a peaceful and friendly -adjustment of all questions in dispute, and to a restoration of the -cordial good feelings that have always, till now, marked the intercourse -of the two governments.</p> - -<p>It is not proposed, nor even suggested, that the government of -the United States should open the way for the revival of Chinese -immigration, in violation of the convictions so long entertained -and so earnestly expressed by our fellow citizens of the Pacific -States.</p> - -<p>But it is reasonable to believe from the tenor of the expressions -of Chinese officials and of our own representatives in China, that -if the Chinese government is frankly approached by the government -of the United States, it will cordially respond in the same -spirit, and will willingly enter into negotiations for a treaty agreement -which will be satisfactory to both governments, and put an -end to the bitterness which now seems to endanger the welfare of -American citizens—whether missionaries or merchants—in China, -and to threaten our commercial relations with China which promise -to become of vast importance to our people, with the advancing -culture and development of the Chinese Empire.</p> - -<p>In the words of the Hon. John A. Kasson, spoken during the -debates in Congress, in 1882:</p> - -<div class="blockquot"> - -<p>"It is not a debased empire. Its higher authorities are the -peers of European and American statesmen. We have here the -representatives of that people, who are orderly, who are seeking -education, who are in responsible places, who are entitled to respect.</p> - -<p>"Let us be careful that we do not forfeit the friendship of a great -empire, to be still greater in the future when she shall have accepted -more and more of the principles of progress which animate -us. Let us take care that we do not forfeit that friendship, and -let us assure that great government of the honesty and good faith -of this government and of the people of the United States."</p> -</div> - -<p>Your Committee respectfully recommends the adoption of the -following resolutions:</p> - -<div class="blockquot"> - -<p><i>Resolved</i>, That the President of the United States be and he hereby is respectfully -requested to open negotiations with the Government of China for a peaceful -and friendly adjustment of all questions between the two Governments, and for a -restoration of the cordial good feelings which have always hitherto marked their -intercourse.</p> - -<p><i>Resolved</i>, That the Secretary of the Chamber of Commerce be and he is hereby<span class="pagenum" id="Page_26">- 26 -</span> -instructed to transmit to the President of the United States, to the members of his -Cabinet and to the members of each House of Congress a copy of the foregoing -resolution, together with a copy of the accompanying report.</p> -</div> - -<p class="tdr"> -<span class="smcap">Edward H. Ammidown</span>, }      <br /> -<span class="smcap">Francis B. Thurber</span>, }      <br /> -<span class="smcap">Charles Watrous</span>, }      <br /> -<span class="smcap">Gustav H. Schwab</span>, }      <br /> -<span class="smcap">Stephen W. Carey</span>, }      <br /> -</p> - -<p><span class="smcap">New York</span>, December 3d, 1889.</p> - -<hr class="chap" /> -<hr class="tb" /> - - -<div class="transnote"> - -<p class="caption3nb">Transcriber Note</p> - - -<p>On page 8, the word after the phrase, "extra-territorial jurisdiction" was misprinted. -The best guess as to what it says is "inferred". A search of the Internet could not -resolve this question!</p> - -</div> - - -<div style='display:block; margin-top:4em'>*** END OF THE PROJECT GUTENBERG EBOOK THE CHINESE EXCLUSION ACT ***</div> -<div style='text-align:left'> - -<div style='display:block; margin:1em 0'> -Updated editions will replace the previous one—the old editions will -be renamed. -</div> - -<div style='display:block; margin:1em 0'> -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the United -States without permission and without paying copyright -royalties. Special rules, set forth in the General Terms of Use part -of this license, apply to copying and distributing Project -Gutenberg™ electronic works to protect the PROJECT GUTENBERG™ -concept and trademark. 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