Immigration : $b A world movement and its American significanceFairchild, Henry Pratt
History
Immigration : $b A world movement and its American significance
Fairchild, Henry Pratt
Emigration and immigration; United States -- Emigration and immigration
In 1876 the California State Legislature appointed a committee to look
into the matter of Chinese immigration and to make a report. This was
done in 1877, and although the resulting Address and Memorial to
Congress have had a large influence in forming public opinion, and in
shaping legislation, it appears that it was in fact a purely political
document, and that everything was arranged in advance to secure a report
which should accomplish a certain definite result—the satisfaction of
the workingmen of the state, and the emphasizing of the necessity of
federal legislation. The need of this was strongly felt, because nearly
all the acts passed by the coast states against the Chinese had been
declared either unconstitutional or a violation of treaty.
In response to the repeated demands of the coast states for some federal
action, Congress in 1876 appointed a special committee on Chinese
immigration, which made what purported to be a thorough investigation of
the matter, and reported thereupon. The report was wholly anti-Chinese.
But this was inevitable, as it is apparent from a careful study of the
testimony, that the committee “came to its task committed to an
anti-Chinese conclusion and that it had no judicial character
whatever.”[100] The evidence was willfully distorted to produce the
desired result.
During all this time our relations with China had been nominally subject
to a series of treaties, beginning with that of 1844, and including the
famous Burlingame treaty of 1868. While the earlier agreements did not
specifically mention the rights of Chinese to reside and trade in the
United States, they were in fact allowed the same privileges in these
respects as the citizens of other nations. By the treaty of 1868,
however, the right of voluntary emigration was definitely recognized as
between the two countries on the basis of the most favored nation; but
the Chinese were not given the right of naturalization. From this
privilege they were definitely excluded by the law of 1870.
It became evident in time that no federal legislation, satisfactory to
the politicians of the western states, could be secured under the
existing treaties. There arose accordingly a demand for a new treaty
which would allow the passage of laws which would include the points
desired by the western representatives, practically the exclusion of all
Chinese not belonging to the merchant class. In response to this demand
there was negotiated, after much conference between the representatives
of the two nations, a new treaty in 1880. The most important feature of
this new instrument was the right conferred upon the government of the
United States reasonably to regulate, limit, or suspend, but not to
prohibit, the coming or residence of Chinese laborers, whenever it
deemed that the interests of the country demanded such action. It is
under this treaty that the various Chinese exclusion acts have been
passed.
Public-domain text, read in full here on John Shaqi.
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