diff options
Diffstat (limited to 'old/69008-0.txt')
| -rw-r--r-- | old/69008-0.txt | 1521 |
1 files changed, 0 insertions, 1521 deletions
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. Project Gutenberg is a registered trademark, -and may not be used if you charge for an eBook, except by following -the terms of the trademark license, including paying royalties for use -of the Project Gutenberg trademark. If you do not charge anything for -copies of this eBook, complying with the trademark license is very -easy. You may use this eBook for nearly any purpose such as creation -of derivative works, reports, performances and research. Project -Gutenberg eBooks may be modified and printed and given away--you may -do practically ANYTHING in the United States with eBooks not protected -by U.S. copyright law. Redistribution is subject to the trademark -license, especially commercial redistribution. - -START: FULL LICENSE - -THE FULL PROJECT GUTENBERG LICENSE -PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK - -To protect the Project Gutenberg-tm mission of promoting the free -distribution of electronic works, by using or distributing this work -(or any other work associated in any way with the phrase "Project -Gutenberg"), you agree to comply with all the terms of the Full -Project Gutenberg-tm License available with this file or online at -www.gutenberg.org/license. - -Section 1. General Terms of Use and Redistributing Project -Gutenberg-tm electronic works - -1.A. By reading or using any part of this Project Gutenberg-tm -electronic work, you indicate that you have read, understand, agree to -and accept all the terms of this license and intellectual property -(trademark/copyright) agreement. If you do not agree to abide by all -the terms of this agreement, you must cease using and return or -destroy all copies of Project Gutenberg-tm electronic works in your -possession. If you paid a fee for obtaining a copy of or access to a -Project Gutenberg-tm electronic work and you do not agree to be bound -by the terms of this agreement, you may obtain a refund from the -person or entity to whom you paid the fee as set forth in paragraph -1.E.8. - -1.B. "Project Gutenberg" is a registered trademark. It may only be -used on or associated in any way with an electronic work by people who -agree to be bound by the terms of this agreement. There are a few -things that you can do with most Project Gutenberg-tm electronic works -even without complying with the full terms of this agreement. See -paragraph 1.C below. There are a lot of things you can do with Project -Gutenberg-tm electronic works if you follow the terms of this -agreement and help preserve free future access to Project Gutenberg-tm -electronic works. See paragraph 1.E below. - -1.C. The Project Gutenberg Literary Archive Foundation ("the -Foundation" or PGLAF), owns a compilation copyright in the collection -of Project Gutenberg-tm electronic works. Nearly all the individual -works in the collection are in the public domain in the United -States. If an individual work is unprotected by copyright law in the -United States and you are located in the United States, we do not -claim a right to prevent you from copying, distributing, performing, -displaying or creating derivative works based on the work as long as -all references to Project Gutenberg are removed. Of course, we hope -that you will support the Project Gutenberg-tm mission of promoting -free access to electronic works by freely sharing Project Gutenberg-tm -works in compliance with the terms of this agreement for keeping the -Project Gutenberg-tm name associated with the work. You can easily -comply with the terms of this agreement by keeping this work in the -same format with its attached full Project Gutenberg-tm License when -you share it without charge with others. - -1.D. The copyright laws of the place where you are located also govern -what you can do with this work. Copyright laws in most countries are -in a constant state of change. If you are outside the United States, -check the laws of your country in addition to the terms of this -agreement before downloading, copying, displaying, performing, -distributing or creating derivative works based on this work or any -other Project Gutenberg-tm work. The Foundation makes no -representations concerning the copyright status of any work in any -country other than the United States. - -1.E. Unless you have removed all references to Project Gutenberg: - -1.E.1. The following sentence, with active links to, or other -immediate access to, the full Project Gutenberg-tm License must appear -prominently whenever any copy of a Project Gutenberg-tm work (any work -on which the phrase "Project Gutenberg" appears, or with which the -phrase "Project Gutenberg" is associated) is accessed, displayed, -performed, viewed, copied or distributed: - - 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. - -1.E.2. If an individual Project Gutenberg-tm electronic work is -derived from texts not protected by U.S. copyright law (does not -contain a notice indicating that it is posted with permission of the -copyright holder), the work can be copied and distributed to anyone in -the United States without paying any fees or charges. If you are -redistributing or providing access to a work with the phrase "Project -Gutenberg" associated with or appearing on the work, you must comply -either with the requirements of paragraphs 1.E.1 through 1.E.7 or -obtain permission for the use of the work and the Project Gutenberg-tm -trademark as set forth in paragraphs 1.E.8 or 1.E.9. - -1.E.3. If an individual Project Gutenberg-tm electronic work is posted -with the permission of the copyright holder, your use and distribution -must comply with both paragraphs 1.E.1 through 1.E.7 and any -additional terms imposed by the copyright holder. Additional terms -will be linked to the Project Gutenberg-tm License for all works -posted with the permission of the copyright holder found at the -beginning of this work. - -1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm -License terms from this work, or any files containing a part of this -work or any other work associated with Project Gutenberg-tm. - -1.E.5. Do not copy, display, perform, distribute or redistribute this -electronic work, or any part of this electronic work, without -prominently displaying the sentence set forth in paragraph 1.E.1 with -active links or immediate access to the full terms of the Project -Gutenberg-tm License. - -1.E.6. You may convert to and distribute this work in any binary, -compressed, marked up, nonproprietary or proprietary form, including -any word processing or hypertext form. However, if you provide access -to or distribute copies of a Project Gutenberg-tm work in a format -other than "Plain Vanilla ASCII" or other format used in the official -version posted on the official Project Gutenberg-tm website -(www.gutenberg.org), you must, at no additional cost, fee or expense -to the user, provide a copy, a means of exporting a copy, or a means -of obtaining a copy upon request, of the work in its original "Plain -Vanilla ASCII" or other form. Any alternate format must include the -full Project Gutenberg-tm License as specified in paragraph 1.E.1. - -1.E.7. Do not charge a fee for access to, viewing, displaying, -performing, copying or distributing any Project Gutenberg-tm works -unless you comply with paragraph 1.E.8 or 1.E.9. - -1.E.8. You may charge a reasonable fee for copies of or providing -access to or distributing Project Gutenberg-tm electronic works -provided that: - -* You pay a royalty fee of 20% of the gross profits you derive from - the use of Project Gutenberg-tm works calculated using the method - you already use to calculate your applicable taxes. The fee is owed - to the owner of the Project Gutenberg-tm trademark, but he has - agreed to donate royalties under this paragraph to the Project - Gutenberg Literary Archive Foundation. Royalty payments must be paid - within 60 days following each date on which you prepare (or are - legally required to prepare) your periodic tax returns. Royalty - payments should be clearly marked as such and sent to the Project - Gutenberg Literary Archive Foundation at the address specified in - Section 4, "Information about donations to the Project Gutenberg - Literary Archive Foundation." - -* You provide a full refund of any money paid by a user who notifies - you in writing (or by e-mail) within 30 days of receipt that s/he - does not agree to the terms of the full Project Gutenberg-tm - License. You must require such a user to return or destroy all - copies of the works possessed in a physical medium and discontinue - all use of and all access to other copies of Project Gutenberg-tm - works. - -* You provide, in accordance with paragraph 1.F.3, a full refund of - any money paid for a work or a replacement copy, if a defect in the - electronic work is discovered and reported to you within 90 days of - receipt of the work. - -* You comply with all other terms of this agreement for free - distribution of Project Gutenberg-tm works. - -1.E.9. If you wish to charge a fee or distribute a Project -Gutenberg-tm electronic work or group of works on different terms than -are set forth in this agreement, you must obtain permission in writing -from the Project Gutenberg Literary Archive Foundation, the manager of -the Project Gutenberg-tm trademark. Contact the Foundation as set -forth in Section 3 below. - -1.F. - -1.F.1. Project Gutenberg volunteers and employees expend considerable -effort to identify, do copyright research on, transcribe and proofread -works not protected by U.S. copyright law in creating the Project -Gutenberg-tm collection. Despite these efforts, Project Gutenberg-tm -electronic works, and the medium on which they may be stored, may -contain "Defects," such as, but not limited to, incomplete, inaccurate -or corrupt data, transcription errors, a copyright or other -intellectual property infringement, a defective or damaged disk or -other medium, a computer virus, or computer codes that damage or -cannot be read by your equipment. - -1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right -of Replacement or Refund" described in paragraph 1.F.3, the Project -Gutenberg Literary Archive Foundation, the owner of the Project -Gutenberg-tm trademark, and any other party distributing a Project -Gutenberg-tm electronic work under this agreement, disclaim all -liability to you for damages, costs and expenses, including legal -fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT -LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE -PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE -TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE -LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR -INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH -DAMAGE. - -1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a -defect in this electronic work within 90 days of receiving it, you can -receive a refund of the money (if any) you paid for it by sending a -written explanation to the person you received the work from. If you -received the work on a physical medium, you must return the medium -with your written explanation. The person or entity that provided you -with the defective work may elect to provide a replacement copy in -lieu of a refund. If you received the work electronically, the person -or entity providing it to you may choose to give you a second -opportunity to receive the work electronically in lieu of a refund. If -the second copy is also defective, you may demand a refund in writing -without further opportunities to fix the problem. - -1.F.4. Except for the limited right of replacement or refund set forth -in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO -OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT -LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. - -1.F.5. Some states do not allow disclaimers of certain implied -warranties or the exclusion or limitation of certain types of -damages. If any disclaimer or limitation set forth in this agreement -violates the law of the state applicable to this agreement, the -agreement shall be interpreted to make the maximum disclaimer or -limitation permitted by the applicable state law. The invalidity or -unenforceability of any provision of this agreement shall not void the -remaining provisions. - -1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the -trademark owner, any agent or employee of the Foundation, anyone -providing copies of Project Gutenberg-tm electronic works in -accordance with this agreement, and any volunteers associated with the -production, promotion and distribution of Project Gutenberg-tm -electronic works, harmless from all liability, costs and expenses, -including legal fees, that arise directly or indirectly from any of -the following which you do or cause to occur: (a) distribution of this -or any Project Gutenberg-tm work, (b) alteration, modification, or -additions or deletions to any Project Gutenberg-tm work, and (c) any -Defect you cause. - -Section 2. Information about the Mission of Project Gutenberg-tm - -Project Gutenberg-tm is synonymous with the free distribution of -electronic works in formats readable by the widest variety of -computers including obsolete, old, middle-aged and new computers. It -exists because of the efforts of hundreds of volunteers and donations -from people in all walks of life. - -Volunteers and financial support to provide volunteers with the -assistance they need are critical to reaching Project Gutenberg-tm's -goals and ensuring that the Project Gutenberg-tm collection will -remain freely available for generations to come. In 2001, the Project -Gutenberg Literary Archive Foundation was created to provide a secure -and permanent future for Project Gutenberg-tm and future -generations. To learn more about the Project Gutenberg Literary -Archive Foundation and how your efforts and donations can help, see -Sections 3 and 4 and the Foundation information page at -www.gutenberg.org - -Section 3. Information about the Project Gutenberg Literary -Archive Foundation - -The Project Gutenberg Literary Archive Foundation is a non-profit -501(c)(3) educational corporation organized under the laws of the -state of Mississippi and granted tax exempt status by the Internal -Revenue Service. The Foundation's EIN or federal tax identification -number is 64-6221541. Contributions to the Project Gutenberg Literary -Archive Foundation are tax deductible to the full extent permitted by -U.S. federal laws and your state's laws. - -The Foundation's business office is located at 809 North 1500 West, -Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up -to date contact information can be found at the Foundation's website -and official page at www.gutenberg.org/contact - -Section 4. Information about Donations to the Project Gutenberg -Literary Archive Foundation - -Project Gutenberg-tm depends upon and cannot survive without -widespread public support and donations to carry out its mission of -increasing the number of public domain and licensed works that can be -freely distributed in machine-readable form accessible by the widest -array of equipment including outdated equipment. Many small donations -($1 to $5,000) are particularly important to maintaining tax exempt -status with the IRS. - -The Foundation is committed to complying with the laws regulating -charities and charitable donations in all 50 states of the United -States. Compliance requirements are not uniform and it takes a -considerable effort, much paperwork and many fees to meet and keep up -with these requirements. We do not solicit donations in locations -where we have not received written confirmation of compliance. To SEND -DONATIONS or determine the status of compliance for any particular -state visit www.gutenberg.org/donate - -While we cannot and do not solicit contributions from states where we -have not met the solicitation requirements, we know of no prohibition -against accepting unsolicited donations from donors in such states who -approach us with offers to donate. - -International donations are gratefully accepted, but we cannot make -any statements concerning tax treatment of donations received from -outside the United States. U.S. laws alone swamp our small staff. - -Please check the Project Gutenberg web pages for current donation -methods and addresses. Donations are accepted in a number of other -ways including checks, online payments and credit card donations. To -donate, please visit: www.gutenberg.org/donate - -Section 5. General Information About Project Gutenberg-tm electronic works - -Professor Michael S. Hart was the originator of the Project -Gutenberg-tm concept of a library of electronic works that could be -freely shared with anyone. For forty years, he produced and -distributed Project Gutenberg-tm eBooks with only a loose network of -volunteer support. - -Project Gutenberg-tm eBooks are often created from several printed -editions, all of which are confirmed as not protected by copyright in -the U.S. unless a copyright notice is included. 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. |