CHAPTER IX

CHINESE TREATY AND LEGISLATION

Much of what I have said in the preceding chapter is, in substance,

applicable to my vote on another matter in which I had been

compelled to take an attitude in opposition to a large majority

of my own party and to the temporary judgment of my countrymen:

that is the proposed legislation in violation of the Treaty

with China; the subsequent Treaty modifying that negotiated

in 1868 by Mr. Seward on our part, and Mr. Burlingame for

China; and the laws which have been enacted since, upon the

subject of Chinese immigration. I had the high honor of being

hung in effigy in Nevada by reason of the report that I had

opposed, in secret Session of the Senate, the Treaty of 1880.

My honored colleague, Mr. Dawes, and I were entirely agreed

in the matter. Mr. Dawes complained good-naturedly to Senator

Jones, of Nevada, that he had been neglected when the Nevada

people had singled me out for that sole honor, to which Mr.

Jones, with equal good-nature, replied that if Mr. Dawes

desired, he would have measures taken to correct the error,

which had inadvertently been made.

In 1868 the late Anson Burlingame, an old friend of mine

and a man highly esteemed in Massachusetts, who had been

sent to China as the American Minister in Mr. Lincoln's time,

was appointed by the Chinese Government its Ambassador, or

Envoy, to negotiate treaties with the United States and several

European powers. He made a journey through this country and

Europe, travelling with Oriental magnificence, in a state

which he was well calculated to maintain and adorn. It was

just after we had put down the Rebellion, abolished slavery,

and made of every slave a freeman and every freeman a citizen.

The hearts of the people were full of the great doctrines

of liberty which Jefferson and the Fathers of our country

had learned from Milton and the statesmen of the English Commonwealth.

The Chinese Treaty was concluded on the 28th of July, 1868,

between Mr. Seward and Mr. Burlingame and his associate Plenipotentiaries

Chih-Kang and Sun Chia-Ku. It contained the following clause:

"The United States of American and the Emperor of China cordially

recognize the inherent and inalienable right of man to change

his home and allegiance, and also the mutual advantage of

free migration and emigration of their citizens and subjects

respectively from one country to the other for purposes of

curiosity, of trade, or as permanent residents."

Article VII. of the same Treaty stipulated that citizens of

each power should enjoy all the privileges of the public

educational institutions under the control of the government of

the other, enjoyed by the citizens or the subjects of the most

favored nation, and that the citizens of each might, themselves,

establish schools in the others' country. Congress passed

an Act, July 27, 1868, to a like effect, to which the following

is the preamble to the first section:

"Whereas the right of expatriation is a natural and inherent

right of all people, indispensable to the enjoyment of the

rights of life, liberty and the pursuit of happiness; and

whereas in the recognition of this principle this government

has freely received emigrants from all nations, and invested

them with the rights of citizenship; and whereas it is claimed

that such American citizens, with their descendants, are subjects

of foreign states, owing allegiance to the governments thereof;

and whereas it is necessary to the maintenance of public peace

that this claim of foreign allegiance should be promptly and

finally disavowed: Therefore," etc.

Thereafter, in the first term of the Administration of President

Hayes, in the December Session of 1878, a bill was introduced

which, almost defiantly, as it seemed to me, violated the

faith of the country pledged by the Burlingame Treaty. There

had been no attempt to induce China to modify that Treaty.

I resisted its passage as well as I could. But my objection

had little effect in the excited condition of public sentiment.

The people of the Pacific coast were, not unnaturally, excited

and alarmed by the importation into their principal cities

of Chinese laborers, fearing, I think without much reason,

that American laboring men could not maintain themselves in

the competition with this thrifty and industrious race who

lived on food that no American could tolerate, and who had

no families to support, and who crowded together, like sardines

in a box, in close and unhealthy sleeping apartments.

I supposed that the labor of this inferior class would raise the

condition of better and more intelligent laborers. That,

however, was a fairly disputable question. But I could not

consent to striking at men, as I have just said, because of

their occupation. This bill was vetoed by President Hayes,

who put his objections solely upon the ground that the bill

was in violation of the terms of the existing Treaty. The

House, by a vote of 138 yeas to 116 nays, refused to pass

the bill over the veto.

But in 1880 a Treaty was negotiated, and approved by the Senate

and ratified July 19, 1881, which relieved the United States

from the provisions of the Burlingame Treaty, and permitted

the exclusion of Chinese laborers. I made a very earnest

speech, during a debate on this Treaty in Executive Session

of the Senate, in opposition to it. The Senate did me the

honor, on the motion of Mr. Dawes, of a vote authorizing my

speech to be published, notwithstanding the rule of secrecy.

But one Senator from the Pacific coast complained, I think

with some reason, that I was permitted to publish my argument

on one side when he not only was not permitted to publish

his on the other, but his constituents had no means of knowing

that he had defended his views or made proper answer to mine.

So I thought it hardly fair to make by speech public, and

it was not done.

Later, in the spring of 1882, a bill was passed to carry

into effect the Treaty of 1880. That I resisted as best I

could. In opposition to this bill I made an earnest speech

showing it to be in conflict with the doctrines on which our

fathers founded the Republic; with the principles of the

Constitutions of nearly all the States, including that of

California, and with the declarations of leading statesmen down

to the year 1868. I showed also that the Chinese race had

shown examples of the highest qualities of manhood, of intelligence,

probity and industry. I protested against a compact between

the two greatest nations of the Pacific, just as we were about

to assert our great influence there, which should place in

the public law of the world, and in the jurisprudence of America,

the principle that it is fitting that there should be hereafter

a distinction in the treatment of men by governments and in

the recognition of their right to the pursuit of happiness

by a peaceful change of their homes, based, not on conduct,

not on character, but upon race and occupation; by asserting

that you might justly deny to the Chinese what you might not

justly deny to the Irish, that you might justly deny to the

laborer what you might not deny to the idler. I pointed out

that this declaration was extorted from unwilling China by

the demand of America; and that laborers were henceforth to

be classed, in the enumeration of American public law, with

paupers, lazzaroni, harlots, and persons afflicted with pestilential

diseases. I ended what I had to say as follows:

"Humanity, capable of infinite depths of degradation, is also

capable of infinite heights of excellence. The Chinese,

like all other races, has given us its examples of both. To

rescue humanity from this degradation is, we are taught to

believe, the great object of God's moral government on earth.

It is not by injustice, exclusion, caste, but by reverence

for the individual soul that we can aid in this consummation.

It is not by Chinese policies that China is to be civilized.

I believe that the immortal truths of the Declaration of Independence

came from the same source with the Golden Rule and the Sermon

on the Mount. We can trust Him who promulgated these laws

to keep the country safe that obeys them. The laws of the

universe have their own sanction. They will not fail. The

power that causes the compass to point to the north, that

dismisses the star on its pathway through the skies, promising

that in a thousand years it shall return again true to its

hour and keeps His word, will vindicate His own moral law.

As surely as the path on which our fathers entered a hundred

years ago led to safety, to strength, to glory, so surely

will the path on which we now propose to enter bring us to

shame, to weakness, and to peril."

The Statute then enacted, expired by its own limitations

twenty years afterward. Meantime the prejudice against Chinese

labor had modified somewhat. The public had become somewhat

more considerate of their rights and, at any rate, there was

a desire to maintain some show of decency in legislating the

matter. So a more moderate Statute was enacted in 1902. I

was the only person who voted against it in either House.

It was, of course, clear that resistance was useless. It

was not worth while, it seemed to me, to undertake to express

my objections at length. I contented myself with the following

brief remonstrance:

"Mr. President, I think this bill and this debate indicate

a great progress in sentiment. The sentiment of the country

has passed, certainly so far as it is represented by a majority

of the Senate, the stage, if it ever was in it, of a reckless

seeking to accomplish the result of Chinese exclusion without

regard to constitutional restraints, treaty obligations, or

moral duties. There was in some quarters, as it seemed to

me, in olden times, a disregard of all these restraints, certainly

in the press, certainly in the harangues which were made to

excited crowds in various parts of the country. Among others

I can remember a visit of the apostle of Chinese exclusion

to Boston Common which indicated that spirit.

"Now, that has gone largely, and the Senate has discussed

this question with a temperate desire on the part of all classes

and all Senators, whatever ways of thinking they have, to

do what seemed to them for the benefit of labor, the quality

of the citizenship of this country, in a moderate and constitutional

fashion.

"But I cannot agree with the principle on which this legislation

or any legislation on the subject which we have had in the

country since 1870 rests. I feel bound to enter a protest.

I believe that everything in the way of Chinese exclusion

can be accomplished by reasonable, practical and wise measures

which will not involve the principle of striking at labor,

and will not involve the principle of striking at any class

of human beings merely because of race, without regard to

the personal and individual worth of the man struck at. I

hold that every human soul has its rights, dependent upon

its individual personal worth and not dependent upon color

or race, and that all races, all colors, all nationalities

contain persons entitled to be recognized everywhere they go

on the face of the earth as the equals of every other man."

I do not think any man ever hated more than I have hated the

affectation or the reality of singularity. I know very well

that the American people mean to do right, and I believe with

all my heart that the men and the party with whom I have acted

for fifty years mean to do right. I believe the judgment

of both far better than my own. But every man's conscience

is given to him as the lamp for his path. He cannot walk

by another light.

It is also true that the great political principles which

have been in issue for the last thirty years, have been, in

general, those that have been debated for centuries, and

which cannot be settled by a single vote, in a legislative

body, by the result of a single election, or even by the opinion

of a single generation. In nearly every one of what I am

sorry to say are the numerous instances where I have been

compelled to act upon my judgment against that of my own party,

and even against that of the majority of my own countrymen,

the people have subsequently come around to my way of thinking,

and in all of them, I believe, I have had on my side the opinion

of the great men of the great generations of the past. Certainly

the Chinese Exclusion Bill and the Chinese Treaty; the Spanish

Treaty and the War against the Philippine people could not

have lived an hour before the indignation of the American

people at any time from the beginning down to the time when,

in 1876, they celebrated the centennial of their Independence.

Autobiography of Seventy Years, Vol. 1-2 · 第 9 / 40 章