Eleanor Finch
The Chinese Exclusion Act of 1882 was a federal law that prohibited all immigration of Chinese laborers to the United States for 10 years. It was the first significant law restricting immigration into the country and was influenced by a combination of racial tensions, labor unrest, and an increase in Chinese immigration in the previous decades. Before the Act, various attempts to restrict Chinese immigration were deemed unconstitutional through their violation of either the Burlingame Treaty, the Fourteenth Amendment, or the Civil Rights Act of 1866. The Act was preceded by growing anti-Chinese sentiment and violence, as well as policies targeting Chinese migrants, such as requiring special licenses for Chinese businesses or workers and preventing naturalization. The Supreme Court upheld the constitutionality of the Chinese Exclusion Act in Chae Chan Ping v. United States (1889), declaring that the power to exclude foreigners belonged to the sovereign powers of the United States government.
Explore related products
$13.11 $35
$13.19 $21.99
What You'll Learn
The Chinese Exclusion Act of 1882
The passage of the law was preceded by growing anti-Chinese sentiment and violence, as well as various policies targeting Chinese migrants. This included a series of measures passed by the California state government from the 1850s through the 1870s, such as requiring special licenses for Chinese businesses or workers, and preventing naturalization. In 1879, California adopted a new Constitution that explicitly authorized the state government to determine who could reside in the state and banned the Chinese from employment by corporations and state, county, or municipal governments.
The Chinese Exclusion Act was also influenced by racial tensions, labour unrest, and an increase in Chinese immigration in the previous decades. As the number of Chinese labourers in the United States increased, so did the strength of anti-Chinese sentiment among other workers, who felt that Chinese labourers were stealing jobs by accepting lower wages. Additionally, white Americans saw Chinese immigrants as unsuitable for assimilation due to their "peculiarities of dress, manners, habits, and modes of living". Some advocates of anti-Chinese legislation argued that admitting Chinese immigrants lowered the cultural and moral standards of American society, while others used overtly racist arguments for limiting immigration from East Asia to preserve the "integrity of American racial composition".
The Chinese Exclusion Act was the first major US law to prevent all members of a specific national group from immigrating to the United States, and it helped shape twentieth-century immigration policy. It set the tone for nearly a century of legal measures designed to limit Asian immigration to the country. Amendments made in 1884 tightened the provisions for previous immigrants to return to the US and clarified that the law applied to ethnic Chinese regardless of their country of origin. The constitutionality of the Act was upheld by the Supreme Court in Chae Chan Ping v. United States (1889), which declared that "the power of exclusion of foreigners [is] an incident of sovereignty belonging to the government of the United States as a part of those sovereign powers delegated by the constitution".
Democracy Without Constitution: A Chaotic American Dream?
You may want to see also
Violation of the Fourteenth Amendment
The Chinese Exclusion Act of 1882 was a United States federal law that prohibited all immigration of Chinese labourers for 10 years. It was the first significant law restricting immigration into the US and the first major US law implemented to prevent all members of a specific national group from immigrating to the country. The Act also denied Chinese residents in the US the ability to become citizens.
Before the Act, various attempts to restrict Chinese immigration were deemed unconstitutional through their violation of either the Burlingame Treaty, the Fourteenth Amendment, or the Civil Rights Act of 1866. The Fourteenth Amendment and the federal statute required any charge to be applied equally to everyone immigrating, yet the state statute only applied to those arriving by ship in a port.
The Immigration Act of 1990 provided the most comprehensive change to legal immigration since 1965. In 2011, the Senate unanimously passed Senate Resolution 201, condemning the Chinese Exclusion Act and affirming a commitment to preserve civil rights and constitutional protections for all people.
In 1879, California adopted a new Constitution that explicitly authorised the state government to determine who could reside in the state and banned the Chinese from employment by corporations and state, county, or municipal governments. This was preceded by a series of measures aimed at Chinese residents, requiring special licenses for Chinese businesses or workers and preventing naturalisation.
The Angell Treaty of 1880, a set of revisions to the US-China Burlingame Treaty of 1868, allowed the US to restrict Chinese immigration. This paved the way for the Chinese Exclusion Act, which was passed by Congress and signed by President Chester A. Arthur on May 6, 1882.
Collateral for Inventory Loans: What to Avoid
You may want to see also
The Angell Treaty of 1880
In the 1870s, anti-Chinese sentiment was rising in the United States, particularly in California, where a series of measures were passed targeting Chinese businesses and workers. In 1879, Congress passed a bill to restrict the number of Chinese passengers per vessel, but this was vetoed by President Rutherford B. Hayes as it violated the Burlingame-Seward Treaty of 1868, which encouraged Chinese immigration.
In 1880, President Hayes appointed diplomat James B. Angell to negotiate a new treaty with China that would allow the US to restrict Chinese immigration without prohibiting it outright. Accompanied by John F. Swift and William Henry Trescot, Angell travelled to Beijing, China, in June 1880. The Angell Treaty, signed on November 17, 1880, and proclaimed US law on October 5, 1881, ended free Chinese immigration to the US. It specifically identified the need to limit the immigration of Chinese labourers, while still allowing the immigration of white-collar professionals. The treaty also reaffirmed the US's commitment to protecting the rights of Chinese labourers already in the US.
The Angell Treaty paved the way for the Chinese Exclusion Act of 1882, which suspended the immigration of Chinese labourers for 10 years. This act was extended multiple times and made permanent in 1902. The Angell Treaty and the subsequent Chinese Exclusion Act greatly diminished the rights and interests of Chinese immigrants and placed strain on diplomatic relations between the US and China. The Chinese Exclusion Acts were not repealed until 1943, during World War II, when it was in the interests of aiding the morale of a wartime ally.
The Constitution's Unkept Promise: Black Equality
You may want to see also
Explore related products
Anti-Chinese sentiment in California
In California, this anti-Chinese sentiment manifested in various ways. Anti-Chinese Leagues were formed in cities such as San Francisco and Santa Rosa. There were also riots, expulsions, and massacres directed at Chinese communities. For example, in 1871, around 500 white and Hispanic men attacked Los Angeles' Chinatown, resulting in the lynching of nineteen Chinese civilians. In 1877, a major anti-Chinese riot occurred in San Francisco, where unemployed white workers blamed Chinese immigrants for their economic woes.
California politicians also contributed to the anti-Chinese sentiment. In 1876, a San Francisco lawyer, H. N. Clement, stood before a California State Committee and reflected the overall feeling of many Americans, saying, "The Chinese are upon us. How can we get rid of them? The Chinese are coming. How can we stop them?". In 1879, California adopted a new Constitution that explicitly authorized the state government to determine who could reside in the state and banned the Chinese from employment by corporations and state, county, or municipal governments.
The growing anti-Chinese sentiment in California led to the passage of the Chinese Exclusion Act in 1882, which prohibited all immigration of Chinese laborers for 10 years. This was the first significant law restricting immigration into the United States and was a response to the increasing violence and discrimination against the Chinese in California and other Western states. The Act also required Chinese residents in the US to carry certificates identifying their status, and they were denied the ability to become citizens.
The Chinese Exclusion Act was extended and renewed multiple times, and other acts, such as the Scott Act of 1888, further restricted the rights of Chinese immigrants and residents in the United States. These acts were driven by the need to balance domestic attitudes and politics, which dictated an anti-Chinese policy, while maintaining diplomatic relations with China.
Club Constitution and Bylaws: What's the Difference?
You may want to see also
Supreme Court rulings
The Chinese Exclusion Act of 1882 was a federal law in the United States that prohibited all immigration of Chinese labourers for 10 years. The Act also prevented Chinese residents in the US from becoming citizens and required Chinese people travelling to or from the country to carry a certificate identifying their status, or risk deportation. This law was the first significant US legislation to restrict immigration by race, and it set the tone for the next century of legal measures designed to limit Asian immigration to the country.
The Act was preceded by a history of anti-Chinese sentiment and violence in the US, as well as various policies targeting Chinese migrants. From the 1850s to the 1870s, the California state government passed a series of measures aimed at Chinese residents, such as requiring special licenses for Chinese businesses or workers, and preventing naturalisation. In 1879, California adopted a new Constitution that explicitly authorised the state government to determine who could reside in the state and banned the Chinese from employment by corporations and state, county, or municipal governments.
In 1884, amendments were made to the Act, clarifying that it applied to ethnic Chinese regardless of their country of origin. The 1888 Scott Act expanded upon the Chinese Exclusion Act, prohibiting re-entry into the US after leaving. The constitutionality of these Acts was upheld by the Supreme Court in Chae Chan Ping v. United States (1889), where the Court declared that "the power of exclusion of foreigners [is] an incident of sovereignty belonging to the government of the United States as a part of those sovereign powers delegated by the Constitution".
The Chinese Exclusion Act was renewed multiple times, including in 1892 and 1902, when it required "each Chinese resident to register and obtain a certificate of residence". In 2011, the Senate unanimously passed a resolution condemning the Chinese Exclusion Act and affirming a commitment to preserve civil rights and constitutional protections for all people.
Washington's Constitution: A Visionary's Legacy
You may want to see also
Frequently asked questions
The Chinese Exclusion Act was a federal law passed in 1882 that prohibited all immigration of Chinese labourers for 10 years. It was the first significant law restricting immigration into the United States and was influenced by racial tensions, labour unrest, and an increase in Chinese immigration.
There were various arguments made for restricting Chinese immigration, some of which included:
- Economic concerns: Chinese labourers were often favoured by companies as they could be paid less than white labourers, leading to a sentiment that Chinese workers were stealing jobs.
- Cultural and moral degradation: Some advocates of anti-Chinese legislation argued that admitting Chinese immigrants lowered cultural and moral standards in American society.
- Racial composition: There were concerns about the integrity of the American racial composition, with white Americans seeing Chinese immigrants as unsuitable for assimilation.
Before the Chinese Exclusion Act, the federal government negated many attempts by California legislators to restrict Chinese immigration as they were deemed unconstitutional and in violation of the Burlingame Treaty, the Fourteenth Amendment, or the Civil Rights Act of 1866.
