Chinese American History - Exclusion Era - Discrimination

Discrimination

The flow of immigration (encouraged by the Burlingame Treaty of 1868) was stopped by the Chinese Exclusion Act of 1882. This act outlawed all Chinese immigration to the United States and denied citizenship to those already settled in the country. Renewed in 1892 and extended indefinitely in 1902, the Chinese population declined until the act was repealed in 1943 by the Magnuson Act. Official discrimination extended to the highest levels of the U.S. government: in 1888, U.S. President Grover Cleveland, who supported the Chinese Exclusion Act, proclaimed the Chinese "an element ignorant of our constitution and laws, impossible of assimilation with our people and dangerous to our peace and welfare."

Many Western states also enacted discriminatory laws that made it difficult for Chinese and Japanese immigrants to own land and find work. Some of these Anti-Chinese laws were the Foreign Miners' License tax, which required a monthly payment of three dollars from every foreign miner who did not desire to become a citizen. Foreign-born Chinese could not become citizens because they had been rendered ineligible to citizenship by the Naturalization Act of 1790 that reserved naturalized citizenship to ""free white persons". This remained in place until voided by the Civil Rights Act of 1870.

By then, California had collected five million dollars from the Chinese. Another was "An Act to Discourage Immigration to this State of Persons Who Cannot Become Citizens Thereof", which imposed on the master or owner of a ship a landing tax of fifty dollars for each passenger ineligible to naturalized citizenship."To Protect Free White Labor against competition with Chinese Coolie Labor and to Discourage the Immigration of Chinese into the State of California" was another law (aka Anti-Coolie Act, 1862) that imposed a $2.50 tax per month on all Chinese residing in the state, except Chinese operating businesses, licensed to work in mines, or engaged in the production of sugar, rice, coffee or tea. In 1886, the Supreme Court struck down a Californian law, in Yick Wo v. Hopkins, judging that although it was race-neutral on its face, it was administered in a prejudicial manner was an infringement of the Equal Protection Clause in the Fourteenth Amendment to the U.S. Constitution. The law aimed in particular against Chinese laundry businesses.

However, this decision was only a temporary setback for the Nativist movement. In 1882, the Chinese Exclusion Act made it unlawful for Chinese laborers to enter the United States for the next 10 years and denied naturalized citizenship to Chinese already here. Initially intended for Chinese laborers, it was broadened in 1888 to include all persons of the "Chinese race". And in 1896, Plessy v. Ferguson effectively canceled Yick Wo. v. Hopkins, by supporting the "separate but equal" doctrine.

At the beginning of the 20th century, Surgeon General Walter Wyman requested to put San Francisco's Chinatown under quarantine because of an outbreak of bubonic plague; the early stages of the San Francisco plague of 1900–1904. Chinese residents, supported by governor Henry Gage (1899–1903) and local businesses, fought the quarantine through numerous federal court battles, claiming the Marine Hospital Service was violating their rights under the Fourteenth Amendment, and in the process, launched lawsuits against Kinyoun, director of the San Francisco Quarantine Station.

The 1906 San Francisco earthquake allowed a critical change to Chinese immigration patterns. The practice known as "Paper Sons" and "Paper Daughters" was allegedly introduced. Chinese would declare themselves to be United States citizens whose records were lost in the earthquake.

A year before, more than 60 labor unions formed the Asiatic Exclusion League in San Francisco, including labor leaders Patrick Henry McCarthy (mayor of San Francisco from 1910 to 1912), Olaf Tveitmoe (first president of the organization), and Andrew Furuseth and Walter McCarthy of the Sailor's Union. The League was almost immediately successful in pressuring the San Francisco Board of Education to segregate Asian school children.

California Attorney General Ulysses S. Webb (1902–1939) put great effort into enforcing the Alien Land Law of 1913, which he had co-written, and prohibited "aliens ineligible for citizenship" (i.e. all Asian immigrants) from owning land or property. The law was struck down by the Supreme Court of California in 1946 (Sei Fujii v. California).

One of the few cases in which Chinese immigration was allowed during this era were "Pershing's Chinese", who were allowed to immigrate from Mexico to the United States shortly before World War I as they aided General John J. Pershing in his expedition against Pancho Villa in Mexico.

The Immigration Act of 1917 banned all immigrations from many parts of Asia, including parts of China (see map on left), and foreshadowed the Immigration Restriction Act of 1924. Other laws included the Cubic Air Ordinance, which prohibited Chinese from occupying a sleeping room with less than 500 cubic feet (14 m3) of breathing space between each person, the Queue Ordinance, which forced Chinese with long hair worn in a queue to pay a tax or to cut it, and Anti-Miscegenation Act of 1889 that prohibited Chinese men from marrying white women, and the Cable Act of 1922, which terminated citizenship for white American women who married an Asian man. The majority of these laws were not fully overturned until the 1950s, at the dawn of the modern American civil rights movement.

Read more about this topic:  Chinese American History, Exclusion Era