Chinese Exclusion Act: Main Idea
Chinese Exclusion Act: Main Idea
There are only so many jobs. This sounds pretty obvious, but a lot of people forget it. When the Gold Rush hit, there were tons. Chinese immigrants in the 1800s were willing to take on the backbreaking labor of making the railroad, and everyone else was happy to let them.
The problems started when those jobs went away.
By the late 1800s, there were a ton of immigrants and not enough jobs to go around. White Americans wanted jobs without the competition of Chinese laborers. Enter the Chinese Exclusion Act, which outlawed immigration for ten years and installed ways to monitor any visiting workers.
Questions
- Do economic realities ever take precedence over principles like fair play for everyone and equality under the law? Why or why not?
- The Chinese Exclusion Act isn't unconstitutional. Should it be? How much should the Constitution be modified, if at all, to protect immigrants?
- Though it's not unconstitutional to restrict immigration based on race or ethnicity it is unconstitutional to restrict immigration based on religious or political beliefs. Is this correct? Backwards? Should both be legal? Illegal?
- While most people would agree that the Chinese Exclusion Act is unconscionable, what about something like the Nazi Exclusion Act? What sort of criteria would have to be met before such a thing would be permissible?
Chew On This
The Chinese Exclusion Act used racism as a tool to enact an anti-competition and anti-business agenda. It was primarily an economic measure.
The Chinese Exclusion Act hides its racist agenda behind a veneer of concern for business. It was primarily a tool of the nativists.
Quotes
Quote #1
That from and after the expiration of ninety days next after the passage of this act, and until the expiration of ten years next after the passage of this act, the coming of Chinese laborers to the United States be...suspended; and during such suspension it shall not be lawful for any Chinese laborer to come. (Sec.1)
This is the meat of the law. For ten years, no Chinese laborers can come to the United States. That's a long time. Not only that, while the law itself has an expiration date right there, it can (and was) renewed. This thing was in effect for sixty years.
Quote #2
That for the purpose of properly identifying Chinese laborers...the collector of customs of the district from which any such Chinese laborer shall depart from the United States shall...go on board each vessel having on board any such Chinese laborers...and on such vessel make a list of all such Chinese laborers, which shall be entered in registry-books to be kept for that purpose, in which shall be stated the name, age, occupation, last place of residence, physical marks of peculiarities, and all facts necessary for the identification of each of such Chinese laborers. (Sec.4)
That sounds kind of creepy to us. Bear in mind, this is just for Chinese laborers. That level of singling anyone out is totally unprecedented. Best-case scenario, they were putting together a really invasive version of Facebook for these guys.
Quote #3
That the master of any vessel arriving in the United States from any foreign port or place shall, at the same time he delivers a manifest of the cargo...and before landing, or permitting to land, any Chinese passengers, deliver and report to the collector of customs of the district in which such vessels shall have arrived a separate list of all Chinese passengers taken on board his vessel. (Sec.8)
This is a slightly more subtle point here, but the law is essentially equating Chinese people with cargo. Except cargo had more rights.
Quote #4
That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed. (Sec.14)
In case you thought the courts would get you around this. The Chinese Exclusion Act was the scorched earth of laws. It meant business.
Quote #5
That the words "Chinese laborers," wherever used in this act shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining. (Sec.15)
This defines the term that is thrown around throughout the rest of the law. You'll notice this pretty much means everyone. There was no one coming over who wasn't either skilled labor, unskilled labor, or a miner. No idea why they singled out mining (which is skilled labor, for the most part). It's like there were miners in the room and Congress was like, "Got it, Jeff?" And Jeff the Chinese Miner had to nod sadly.