Forbidden Citizens Chinese Exclusion and the U.S. Congress A Legislative History
By Martin B. Gold
Described as "one of the most vulgar forms of barbarism," by Rep. John Kasson (R-IA) in 1882, a series of laws passed by the United States Congress between 1879 and 1943
resulted in prohibiting the Chinese as a people from becoming U.S. citizens. Forbidden Citizens recounts this long and shameful legislative history.
"In other cases, we admit the people and exclude the individual. In the Chinese case, we admit the individuals and exclude the people."
--Representative Henry Naphen (D-MA) (1899-1903), 35 Cong. Rec. 3695 (1902) (§
9.30)
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after July 4, 2012
BISAC:
HIS036042 History: United States - 19th Century/Gilded Age
LAW032000 Law: Emigration & Immigration
SOC043000 Social Science: Ethnic Studies - Asian American Studies
In
1907, immigration to the United States peaked at more than
1,285,000 (mostly European) immigrants. At twenty years old, my
grandfather came to New York from Tsarist Russia the next year. Speaking no English, he went to night school for
language study. He found work in the garment industry,
eventually owning his own business. Escaping religious
persecution in the old country, he cherished American freedom.
As soon as he was eligible, he became an American citizen. For
the remainder of his life, America was not merely his home but
his passion.
These opportunities were open to my grandfather because he was a
European. Had he been Chinese, he almost surely would have been
barred from entering the United States. And if, by a quirk, he
had been admitted, he could not have gotten U.S. citizenship.
Immigrants have traditionally encountered social and economic
obstacles as they seek to find a place in a new society. But the
United States Congress subjected the Chinese to unique legal
impediments aimed squarely and solely at them. Between 1879 and
1904, a time when immigration from Europe was wide open,
Congress passed nine major Chinese exclusion bills. Two were
vetoed, but seven became law. Anti-Chinese provisions were
placed in other laws as well, such as those involving the
annexation of Hawaii and the Philippines. When Congress finally
repealed this immense body of legislation in 1943, fourteen statutes
were affected.
The most notorious of these laws was popularly known as the
Chinese Exclusion Act of 1882. But the Act was no isolated
measure passed by Congress in a weak or misguided moment.
Controversial when first proposed, Chinese exclusion rapidly
became consensual--and Congress continued to tighten the policy.
These laws not only involved exclusion from immigration; they
also outlawed Chinese citizenship, even for those who had
arrived legally before the gate was closed in 1882. Once
Congress forbade naturalization, the Chinese were exposed to
repeated discrimination with no political recourse. Until the
1943 repeal, no Chinese born outside of the United States could
become an American citizen.
It appeared simple to single out the Chinese for this treatment.
Compared to Europeans, they were different in appearance,
clothing, language, diet, religion, and social structure.
Insisting that the Chinese could not assimilate into American
culture, lawmakers simply would not permit them to do so. While
pandering for votes, especially in the Pacific region, Democrats
and Republicans alike found the Chinese easy prey.
Not that the political targeting of Chinese immigrants went
unchallenged in Congress. Heroes were occasionally found on
Capitol Hill. Great Senators such as Charles Sumner, Hannibal
Hamlin, and George Hoar stood against exclusion. Representative
William Rice was a leading opponent and Representatives Warren
Magnuson and Walter Judd led efforts for repeal. But until 1943,
opponents of exclusion were outvoted and, with each successive
debate, their numbers dwindled.
Using senators' and representatives' own words, this book
chronicles the sad and disturbing legislative history of the
Chinese exclusion laws, with many passages transcribed from
the actual debates. The appalling racism that permeated Congress
becomes all too clear. Unfortunately, these vicious remarks were
neither isolated nor atypical.
Members of Congress are quoted extensively. Even allowing for
differences of expression over decades, the race prejudice in
these debates is vivid. It is difficult to imagine that the
exclusion bills could have been passed, even back then, if
members of Congress had not ostracized the Chinese from the rest
of American society.
The first piece of broadly anti-Chinese legislation to pass was the Fifteen Passenger Bill
of 1879, described in Chapter Two, which President Rutherford B.
Hayes vetoed.
However, the story really begins with the 1870 debate over
naturalization rights, set out in Chapter One. But for a Senate
filibuster led by Nevada's William Stewart, legislation very
likely would have passed to grant legal Chinese immigrants a
path to citizenship. As Stewart himself later proclaimed, had the
Chinese become voters, there would have been no exclusion
policy.
Chapters Three through Ten discuss exclusion debates from 1882
through 1904. Chapter Eleven is about the passage of repeal
legislation in 1943.
During this period, China was in a state of continuous upheaval.
The Qing Dynasty, which had ruled China from 1644, was
disintegrating.
When it attempted to stop the import of opium into China by the
British East India Company, the Qing suffered a defeat
at British hands in the First Opium War (1839-1842) and then
retreated in the face of ongoing Western interference.
Domestic unrest in China during this period was also rife. The
Manchu Qing Dynasty was weakened by the Taiping Rebellion
(1850-1864), as well as by the Boxer Rebellion (1900).
In
these years, China was poor, backward, and generally unstable.
As Congress implemented Chinese-American treaties, or legislated
around them, it did not pay China's wishes much heed. The
Dynasty was finally overthrown by the republican revolution
movement late in 1911.
Established on January 1, 1912, the Republic of China, led by the Nationalist
Party (Guomingdang, also Kuomintang, or KMT) attempted to modernize and unify the country. However, the
republic was beset first by conflicts with local warlords and
then by a Communist insurgency. While conflict between the
Nationalists and Communists raged, Japan occupied Manchuria in
1931, and, in 1937, launched a general Sino-Japanese war that
lasted until 1945.
The United States entered the Pacific war in 1941, following the Japanese attack on Pearl Harbor. China and America allied to oppose a common Japanese enemy. Repeal of the exclusion laws in 1943 was a war measure, undertaken by President Franklin Roosevelt and Congress to bolster America's Chinese ally.
The exclusion story is unfamiliar to most Americans, especially
those not of Asian heritage. Freed from the burdens of these unjust
laws, Chinese-Americans have prospered in the United States. A
people Congress claimed couldn't assimilate have assimilated so
well that it's hard to find the evidence of past discrimination
against Chinese in America.
Chinese-Americans have been leaders in business, the
professions, sports, and the performing arts. And they've worked
in the top ranks of American government. In the executive
branch, Elaine Chao broke ground, serving as secretary of labor
(2001-2009) for President George W. Bush. Gary Locke was the
first Chinese-American to be chief executive of an American
state, as the twenty-first Governor of Washington (1997-2005). Locke
later served as secretary of commerce and then Ambassador to the
People's Republic of China. Senator Hiram Fong (R-HI), a senator
from 1959 to 1977, was the pioneering Chinese-American on
Capitol Hill. Elected in 2009, Representative Judy Chu (D-CA) is
the first Chinese-American woman to serve in either chamber of
Congress.
Such success stories notwithstanding, the experience of early
Chinese immigrants was uncommonly difficult because of legal
discrimination against Chinese. The distress Congress caused for
multiple generations of Chinese--those who were directly affected
as well as their families--is still real. Shedding light on the
past helps to ensure that such miscarriages do not recur.
For a more thorough discussion of the legislative procedures used in Congress, please see the Congressional Deskbook, also published by TheCapitol.Net.
Introduction
The Principals Ch. 1. A Question of Naturalization Ch. 2. The Fifteen Passenger Bill of 1879 Ch. 3. The Twenty-Year Exclusion Debate in the Senate Ch. 4. The Twenty-Year Exclusion Debate in the House of Representatives Ch. 5. The Ten-Year Exclusion Legislation of 1882 Ch. 6. The Amendments of 1884 Ch. 7. The Scott Act of 1888 Ch. 8. The Geary Act of 1892 Ch. 9. The 1902 Extension Ch. 10. Permanent Law Ch. 11. Repeal Epilogue
Veto Message of President Chester A. Arthur of Senate bill No. 71, April 4, 1882
7
Chinese Exclusion Act, S. 71 "An act to execute certain treaty stipulations relating to Chinese." (Sess. I, Chap. 126; 22 Stat. 58. 47th Congress; Approved May 6, 1882.)
The 1902 Extension: "An act to prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent" (Sess. I Chap. 641; 32 Stat. 176; 57th Congress; April 29, 1902)
*
MARTIN B. GOLD is a partner with the law firm of Covington & Burling. In 2003, he served as Floor Advisor and Counsel to Senate Majority Leader Bill Frist. His tour with the Leader represented a return to Senate service after twenty years in the private sector. Mr. Gold was co-founder of The Legislative Strategies Group, LLC and his practice ranged widely, with an emphasis on sports law, health care, antitrust, communications, and taxation.
Mr. Gold is the author of Senate Procedure and Practice: An Introductory Manual, a widely consulted primer on Senate Floor procedure, a subject on which he frequently lectures in offices of United States Senators and for Congressional Quarterly and TheCapitol.Net. He has also spoken frequently at George Washington University, American University, the University of Maryland, and to numerous domestic audiences on political and legislative subjects.
Mr. Gold is a member of the U.S. Commission for the Preservation of America's Heritage Abroad, and was instrumental in the Commission recognizing in 2008 Feng Shan Ho.
Further, he has been a guest lecturer at Moscow State University, the Moscow State Institute of International Relations, the State Parliament of Ukraine and the Federation Council of the Russian Federal Assembly. Mr. Gold is also a consultant to C-SPAN on matters of Senate procedure.
During a 10-year period from 1972 to 1982, Mr. Gold worked in a variety of senior staff positions in the United States Senate, culminating as counsel to Senate Majority Leader Howard H. Baker, Jr. (R-TN). Mr. Gold began his career as a legal assistant to Senator Mark O. Hatfield (R-OR) and later served as Republican Staff Director and Counsel to the Senate Rules Committee and as a professional staff member on the Senate Select Committee on Intelligence.
Subsequent to his Senate experience, Mr. Gold was president of the lobbying firm Gold and Liebengood, which he co-founded in 1984. He joined the government relations firm, Johnson, Smith, Dover, Kitzmiller & Stewart, Inc. in 1995.
A graduate of the Washington College of Law at American University, Mr. Gold also served Of Counsel to Schwabe, Williamson & Wyatt, a Pacific Northwest law firm with principal offices in Portland, Oregon, and Seattle, Washington.
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"Our nation has the greatest ideals, standing as that 'city upon a
hill' for the world over to look toward with hope. Yet we have not always
been as welcoming as we have proclaimed. Forbidden Citizens by Martin Gold tells the story of the exclusion of a specific group, the Chinese people, for racial reasons that were expressed in the most shocking terms. It is thorough, thoughtful, and highly relevant today. This work presents the best scholarship in the most accessible manner." -- Frank H. Wu,
Chancellor & Dean, University of California Hastings College of the Law, and
the author of
Yellow: Race in America Beyond Black and White (Basic Books)
"Forbidden Citizens presents a skillful review of the long and tortuous path from temporary to permanent exclusion
of the Chinese from immigration and citizenship. It is rich raw material for scholars of race relations and immigration that deftly weaves legal history, congressional debates, regional and national history, and the relation of foreign policy and immigration." -- Najia Aarim-Heriot,
Professor, State University of New York at Fredonia, and the author of
Chinese Immigrants, African Americans, and Racial Anxiety in the United States, 1848-82
(University of Illinois Press)
"Through engaging narrative, Forbidden Citizens expertly tells a story unfamiliar to most Americans, one that left a permanent scar upon on the psyche of Chinese Americans and changed our nation forever. Martin Gold's thorough and pioneering research into decades of Congressional history brings to life the politics of
Chinese exclusion in a way no one has." --
Judy Chu, United States Representative (D-CA)
"In
Forbidden Citizens, Martin Gold offers a sweeping and impressive
documentation of the long and shameful legislative history of the
mistreatment of the Chinese in this country. Forbidden Citizens is
an exhaustive piece of research that will appeal not only to legal
scholars and civil rights activists, but to any American curious about
this grim chapter of our history." -- Christopher Corbett,
author,
The Poker Bride: The First Chinese in the Wild West (Atlantic Monthly)
"Forbidden Citizens is a captivating recount of grave and forgotten injustices and efforts to correct them. No one knows more about the United States Congress than Marty Gold, and he engages the reader in a way only he can." --
Orrin Hatch, United States Senator (R-UT)
Anti-Chinese violence, discrimination, and rhetoric have a long, sordid history in America. It began with the first Chinese immigrants to North America in the 1840s and in some ways, at least rhetorically, continues to the present day. The anti-Chinese movement often took a federal political form that proved amazingly complex; and for the first time this legal history has been carefully and thoughtfully explained in
Forbidden Citizens, from the initial congressional debates in the 1870s, through the passage of no less than nine Chinese exclusion laws, to the eventual repeal of fourteen statutes in 1943. All can be found in this one volume. It is a monumental achievement." -- John R. Wunder,
University of Nebraska-Lincoln, and authorInferior Courts, Superior Justice: A History of the Justices of the Peace on the Northwest Frontier, 1853-1889
(Greenwood Press)
"Forbidden Citizens is a moving account of a regrettable part of American history. Marty Gold has done us all a service by bringing this story to light so that our past mistakes are never repeated." --
Scott Brown, United States Senator (R-MA)
"An important piece of scholarship, which vividly depicts the intensity of anti-Chinese and anti-Asian feeling that was widespread even among our intellectual and political elite only a century ago." -- Stephen Hsu,
Professor of Physics, University of Oregon
"Martin Gold presents in welcome detail both the disturbing story of how the U.S. Congress came to enact a series of federal laws that singled out Chinese immigrants for discriminatory treatment, and the story of how those laws were repealed.
Beginning with the Chinese Exclusion Act in 1882, these laws were the first time in our nation's history that Congress expressly singled out a group of immigrants for denial of citizenship rights, and for special exclusion under its immigration laws. But, as to the latter course, it was certainly not the last. There is a straight line from the enactment of the exclusion laws to the exclusionary immigration laws of the 1920s that effectively sealed the doors of the United States to Jews who might otherwise have been able to flee the conflagration of Nazi-occupied Europe.
We do well to remember that the protection of the rights of any of us depends on protecting the rights of all. Gold's book is a stirring and timely reminder of that principle." -- Richard T. Foltin,
Director of National and Legislative Affairs, American Jewish Committee (AJC)
"Martin Gold's exceptional scholarly research on the legislative history of Chinese Exclusion Laws has provided a compelling and troubling account of how Congress, a democratic institution of the people, enacted a series of discriminatory laws so contrary to our founding principles. Hopefully, this publication will not only bring to light the historic injustice inflicted on Chinese and Asian Americans because of these laws, but also offer a lesson on why we should not repeat this dark chapter in American history." -- Michael C. Lin, Chairman,
1882 Project