THE average American, like the average man of any country, has but
little imagination. People who speak a different language, or worship
some other god, or wear clothing unlike his own, are beyond the horizon
of his sympathy. He cares but little or nothing for the sufferings or
misfortunes of those who are of a different complexion or of another
race. His imagination is not powerful enough to recognize the human
being, in spite of peculiarities. Instead of this he looks upon every
difference as an evidence of inferiority, and for the inferior he has
but little if any feeling. If these "inferior people" claim equal
rights he feels insulted, and for the purpose of establishing his own
superiority tramples on the rights of the so-called inferior.
In our own country the native has always considered himself as much
better than the immigrant, and as far superior to all people of a
different complexion. At one time our people hated the Irish, then the
Germans, then the Italians, and now the Chinese. The Irish and Germans,
however, became numerous. They became citizens, and, most important of
all, they had votes. They combined, became powerful, and the political
parties sought their aid. They had something to give in exchange for
protection--in exchange for political rights. In consequence of this
they were flattered by candidates, praised by the political press, and
became powerful enough not only to protect themselves, but at last to
govern the principal cities in the United States. As a matter of fact
the Irish and the Germans drove the native Americans out of the trades
and from the lower forms of labor. They built the railways and canals.
They became servants. Afterward the Irish and the Germans were driven
from the canals and railways by the Italians.
The Irish and Germans improved their condition. They went into other
businesses, into the higher and more lucrative trades. They entered
the professions, turned their attention to politics, became merchants,
brokers, and professors in colleges. They are not now building railroads
or digging on public works. They are contractors, legislators, holders
of office, and the Italians and Chinese are doing the old work.
If matters had been allowed to work in a natural way, without the
interference of mobs or legislators, the Chinese would have driven the
Italians to better employments, and all menial labor would, in time, be
done by the Mongolians.
In olden times each nation hated all others. This was considered natural
and patriotic. Spain, after many centuries of war, expelled the Moors,
then the Moriscoes, and then the Jews. And Spain, in the name of
religion and patriotism, succeeded in driving from its territory its
industry, its taste and its intelligence, and by these mistakes became
poor, ignorant and weak. France started on the same path when the
Huguenots were expelled, and even England at one time deported the Jews.
In those days a difference of race or religion was sufficient to justify
any absurdity and any cruelty.
In our country, as a matter of fact, there is but little prejudice
against emigrants coming from Europe, except among naturalized citizens;
but nearly all foreign-born citizens are united in their prejudice
against the Chinese.
The truth is that the Chinese came to this country by invitation. Under
the Burlingame Treaty, China and the United States recognized:
"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."
And it was provided:
"That the citizens of the United States visiting or residing in China
and Chinese subjects visiting or residing in the United States should
reciprocally enjoy the same privileges, immunities and exemptions, in
respect to travel or residence, as shall be enjoyed by the citizens or
subjects of the most favored nation, in the country in which they shall
respectively be visiting or residing."
So, by the treaty of 1880, providing for the limitation or suspension of
emigration of Chinese labor, it was declared:
"That the limitation or suspension should apply only to Chinese who
emigrated to the United States as laborers; but that Chinese laborers
who were then in the United States should be allowed to go and come of
their own free will and should be accorded all the rights, privileges,
immunities and exemptions, which were accorded to the citizens and
subjects of the most favored nations."
It will thus be seen that all Chinese laborers who came to this country
prior to the treaty of 1880 were to be treated the same as the citizens
and subjects of the most favored nation; that is to say, they were to be
protected by our laws the same as we protect our own citizens.
These Chinese laborers are inoffensive, peaceable and law-abiding.
They are honest, keeping their contracts, doing as they agree. They
are exceedingly industrious, always ready to work and always giving
satisfaction to their employers. They do not interfere with other
people. They cannot become citizens. They have no voice in the making or
the execution of the laws. They attend to their own business. They have
their own ideas, customs, religion and ceremonies--about as foolish as
our own; but they do not try to make converts or to force their dogmas
on others. They are patient, uncomplaining, stoical and philosophical.
They earn what they can, giving reasonable value for the money they
receive, and as a rule, when they have amassed a few thousand dollars,
they go back to their own country. They do not interfere with our
ideas, our ways or customs. They are silent workers, toiling without any
object, except to do their work and get their pay. They do not establish
saloons and run for Congress. Neither do they combine for the purpose
of governing others. Of all the people on our soil they are the least
meddlesome. Some of them smoke opium, but the opium-smoker does not beat
his wife. Some of them play games of chance, but they are not members of
the Stock Exchange. They eat the bread that they earn; they neither beg
nor steal, but they are of no use to parties or politicians except as
they become fuel to supply the flame of prejudice. They are not citizens
and they cannot vote. Their employers are about the only friends they
have.
In the Pacific States the lowest became their enemies and asked for
their expulsion. They denounced the Chinese and those who gave
them work. The patient followers of Confucius were treated as
outcasts--stoned by boys in the streets and mobbed by the fathers. Few
seemed to have any respect for their rights or their feelings. They were
unlike us. They wore different clothes. They dressed their hair in
a peculiar way, and therefore they were beyond our sympathies. These
ideas, these practices, demoralized many communities; the laboring
people became cruel and the small politicians infamous.
When the rights of even one human being are held in contempt the rights
of all are in danger. We cannot destroy the liberties of others without
losing our own. By exciting the prejudices of the ignorant we at last
produce a contempt for law and justice, and sow the seeds of violence
and crime.
Both of the great political parties pandered to the leaders of the
crusade against the Chinese for the sake of electoral votes, and in the
Pacific States the friends of the Chinese were forced to keep still
or to publicly speak contrary to their convictions. The orators of
the "Sand Lots" were in power, and the policy of the whole country was
dictated by the most ignorant and prejudiced of our citizens. Both
of the great parties ratified the outrages committed by the mobs, and
proceeded with alacrity to violate the treaties and solemn obligations
of the Government. These treaties were violated, these obligations were
denied, and thousands of Chinamen were deprived of their rights, of
their property, and hundreds were maimed or murdered. They were driven
from their homes. They were hunted like wild beasts. All this was done
in a country that sends missionaries to China to tell the benighted
savages of the blessed religion of the United States.
At first a demand was made that the Chinese should be driven out, then
that no others should be allowed to come, and laws with these objects in
view were passed, in spite of the treaties, preventing the coming of any
more. For a time that satisfied the haters of the Mongolian. Then came
a demand for more stringent legislation, so that many of the Chinese
already here could be compelled to leave. The answer or response to this
demand is what is known as the Geary Law.
By this act it is provided, among other things, that any Chinaman
convicted of not being lawfully in the country shall be removed to
China, after having been imprisoned at hard labor for not exceeding one
year. This law also does away with bail on _habeas corpus_, proceedings
where the right to land has been denied to a Chinaman. It also compels
all Chinese laborers to obtain, within one year after the passage of the
law, certificates of residence from the revenue collectors, and if found
without such certificate they shall be held to be unlawfully in the
United States.
It is further provided that if a Chinaman claims that he failed to get
such certificate by "accident, sickness or other unavoidable cause,"
then he must clearly establish such claim to the satisfaction of the
judge "by at least one credible white witness."
If we were at war with China then we might legally consider every
Chinaman as an enemy, but we were and are at peace with that country.
The Geary Act was passed by Congress and signed by the President simply
for the sake of votes. The Democrats in Congress voted for it to save
the Pacific States to the Democratic column; and a Republican President
signed it so that the Pacific States should vote the Republican ticket.
Principle was forgotten, or rather it was sacrificed, in the hope of
political success. It was then known, as now, that China is a peaceful
nation, that it does not believe in war as a remedy, that it relies
on negotiation and treaty. It is also known that the Chinese in
this country were helpless, without friends, without power to defend
themselves. It is possible that many members of Congress voted in
favor of the Act believing that the Supreme Court would hold it
unconstitutional, and that in the meantime it might be politically
useful.
The idea of imprisoning a man at hard labor for a year, and this man
a citizen of a friendly nation, for the crime of being found in this
country without a certificate of residence, must be abhorrent to the
mind of every enlightened man. Such punishment for such an "offence" is
barbarous and belongs to the earliest times of which we know. This law
makes industry a crime and puts one who works for his bread on a level
with thieves and the lowest criminals, treats him as a felon, and
clothes him in the stripes of a convict,--and all this is done at the
demand of the ignorant, of the prejudiced, of the heartless, and because
the Chinese are not voters and have no political power.
The Chinese are not driven away because there is no room for them. Our
country is not crowded. There are many millions of acres waiting for
the plow. There is plenty of room here under our flag for five hundred
millions of people. These Chinese that we wish to oppress and imprison
are people who understand the art of irrigation. They can redeem the
deserts. They are the best of gardeners. They are modest and willing to
occupy the lowest seats. They only ask to be day-laborers, washers and
ironers. They are willing to sweep and scrub. They are good cooks. They
can clear lands and build railroads. They do not ask to be masters--they
wish only to serve. In every capacity they are faithful; but in this
country their virtues have made enemies, and they are hated because of
their patience, their honesty and their industry.
The Geary Law, however, failed to provide the ways and means for
carrying it into effect, so that the probability is it will remain a
dead letter upon the statute book. The sum of money required to carry it
out is too large, and the law fails to create the machinery and name the
persons authorized to deport the Chinese. Neither is there any mode of
trial pointed out. According to the law there need be no indictment by
a grand jury, no trial by a jury, and the person found guilty of being
here without a certificate of residence can be imprisoned and treated as
a felon without the ordinary forms of trial.
This law is contrary to the laws and customs of nations. The punishment
is unusual, severe, and contrary to our Constitution, and under its
provisions aliens--citizens of a friendly nation--can be imprisoned
without due process of law. The law is barbarous, contrary to the spirit
and genius of American institutions, and was passed in violation of
solemn treaty stipulations.
The Congress-that passed it is the same that closed the gates of the
World's Fair on the "blessed Sabbath," thinking it wicked to look at
statues and pictures on that day. These representatives of the people
seem to have had more piety than principle.
After the passage of such a law by the United States is it not indecent
for us to send missionaries to China? Is there not work enough for them
at home? We send ministers to China to convert the heathen; but when we
find a Chinaman on our soil, where he can be saved by our example, we
treat him as a criminal.
It is to the interest of this country to maintain friendly relations
with China. We want the trade of nearly one-fourth of the human race.
We want to pay for all we get from that country in articles of our
own manufacture. We lost the trade of Mexico and the South American
Republics because of slavery, because we hated people in whose veins was
found a drop of African blood, and now we are losing the trade of China
by pandering to the prejudices of the ignorant and cruel.
After all, it pays to do right. This is a hard truth to
learn--especially for a nation. A great nation should be bound by the
highest conception of justice and honor. Above all things it should be
true to its treaties, its contracts, its obligations. It should
remember that its responsibilities are in accordance with its power and
intelligence.
Our Government is founded on the equality of human rights--on the idea,
the sacred truth, that all are entitled to life, liberty and the
pursuit of happiness. Our country is an asylum for the oppressed of
all nations--of all races. Here, the Government gets its power from
the consent of the governed. After the abolition of slavery these
great truths were not only admitted, but they found expression in our
Constitution and laws.
Shall we now go back to barbarism?
Russia is earning the hatred of the civilized world by driving the Jews
from their homes. But what can the United States say? Our mouths are
closed by the Geary Law. We are in the same business. Our law is as
inhuman as the order or ukase of the Czar.
Let us retrace our steps, repeal the law and accomplish what we justly
desire by civilized means. Let us treat China as we would England; and,
above all, let us respect the rights of men,--North American Review,
July, 1893.