Various Acts were passed by Congress from time to time for the
restriction and exclusion of Chinese and other Oriental immigrants, and
the trouble, though not even yet completely disposed of, was got under a
measure of control. Sumner lived long enough to oppose the earlier of
these very sensible laws, and, needless to say, trotted out the
Declaration of Independence, though in this case the application was
even more absurd than in that of the Negro. The Negro, at any rate, was
already resident in America, and had been brought there in the first
instance without his own consent; and this fact, though it did not make
him a citizen, did create a moral responsibility towards him on the
part of the American Commonwealth. Towards the Chinaman it had no
responsibility whatever. Doubtless he had, as a man, his natural rights
to "life, liberty, and the pursuit of happiness"--in China. But whoever
said anything so absurd as that it was one of the natural rights of man
to live in America? It was, however, less to the increased absurdity of
his argument than to the less favourable bias of his audience that
Sumner owed his failure to change the course of legislation in this
instance. An argument only one degree less absurd had done well enough
as a reason for the enslavement and profanation of the South a year or
two before. But there was no great party hoping to perpetuate its power
by the aid of the Chinese, nor was there a defeated and unpopular
section to be punished for its "treason" by being made over to Mongolian
masters. Indeed, Congress, while rejecting Sumner's argument, made a
concession to his monomania on the subject of Negroes, and a clause was
inserted in the Act whereby no person "of African descent" should be
excluded--with the curious result that to this day, while a yellow face
is a bar to the prospective immigrant, a black face is, theoretically at
any rate, actually a passport.
Public-domain text, read in full here on John Shaqi.
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