Chapter 4. America and China

America has performed great service for the Orient and especially for

China. If, however, the people of the latter country were asked to

express their candid opinion on the matter, the verdict would not be

altogether pleasant, but would be given with mixed feelings of

gratitude and regret. Since the formal opening of China to foreign

trade and commerce, people of all nationalities have come here, some to

trade, some for pleasure, some to preach Christianity, and others for

other purposes. Considering that the Chinese have a civilization of

their own, and that their modes of thoughts, ideas, and habits are, in

many respects, different from those of the western people, it is not

surprising that frictions and disputes have occasionally occurred and

that even foreign wars have been waged between China and the Occident,

but it is gratifying to observe that no force has ever been resorted to

against China by the United States of America. Now and then

troublesome questions have arisen, but they have always been settled

amicably. Indeed the just and friendly attitude taken by the American

officials in China had so won the esteem and confidence of the Chinese

Government that in 1867, on the termination of Mr. Anson Burlingame's

term as American Minister to Peking, he was appointed by the Manchu

Government as Chief of a special mission to America and Europe. In

that capacity he performed valuable services for China, although his

work was unfortunately cut short by his untimely death. The liberal

and generous treatment accorded to the Chinese students in America is

another source of satisfaction. They have been admitted freely to all

educational institutions, and welcomed into American families. In

whatever school or college they enter they are taught in the same way

as the American boys and girls, and enjoy equal opportunities of

learning all that the American students learn.[1] That America has no

desire for territorial acquisition in China is well known. During the

Boxer movement the American Government took the lead in initiating the

policy of maintaining the open door, and preserving the integrity of

China, a policy to which the other great powers readily consented. It

was well known at the time, and it is no breach of confidence to

mention the fact here, that Mr. John Hay, American Secretary of State,

with the permission of President McKinley, was quite willing that

America's indemnity demanded from China as her share of the

compensation for losses sustained during the Boxer upheaval, should be

reduced by one-half, provided the other powers would consent to similar

reductions. Unfortunately, Mr. Hay's proposal could not be carried out

for want of unanimity. However, to show the good faith, and the humane

and just policy of America, she has since voluntarily refunded to China

a considerable portion of her indemnity, being the surplus due to her

after payment of the actual expenses incurred. This is the second

occasion on which she has done this, although in the previous case the

refund was smaller. These are some of the instances for which the

people of China have good reasons to be grateful to America and her

people.

There is, however, another side to the picture; the Chinese students in

America, who may be roughly calculated by the thousands, and whose

number is annually increasing, have been taught democratic principles

of government. These could not but be detrimental to the welfare of

the late Manchu Government. They have read the history of how the

American people gained their independence, and naturally they have been

imbued with the idea of inaugurating a similar policy in China.

Chinese merchants, traders, and others who have been residing in

America, seeing the free and independent manner in which the American

people carry on their government, learned, of course, a similar lesson.

These people have been an important factor in the recent overthrow of

the Manchu dynasty. Added to this, the fact that America has afforded

a safe refuge for political offenders was another cause of

dissatisfaction to the Manchus. Thus it will be seen that the Manchu

Government, from their point of view, have had many reasons for

entertaining unfavorable sentiments toward America.

This view I need hardly say is not shared by the large majority of

Chinese. Persons who have committed political offenses in their own

country find protection not only in America but in all countries in

Europe, Japan, and other civilized lands. It is an irony of fate that

since the establishment of the Chinese Republic, Manchu and other

officials under the old regime, now find secure asylums in Hongkong,

Japan, and Tsingtao, while hundreds of ex-Manchu officials have fled to

the foreign settlements of Shanghai, Tientsin, and other treaty ports,

so reluctantly granted by the late Manchu Government. Thus the edge of

their complaint against America's policy in harboring political

refugees has been turned against themselves, and the liberality against

which they protested has become their protection.

The more substantial cause for dissatisfaction with the United States

is, I grieve to say, her Chinese exclusion policy. As long as her

discriminating laws against the Chinese remain in force a blot must

remain on her otherwise good name, and her relations with China, though

cordial, cannot be perfect. It is beyond the scope of this chapter to

deal with this subject exhaustively, but in order to enable my readers

to understand the exact situation it is necessary to supply a short

historical summary. In 1868, on account of the pressing need of good

laborers for the construction of railways and other public works in

America, the Governments of China and the United States, concluded a

treaty which provided that "Chinese subjects visiting or residing in

the United States shall enjoy the same privileges, immunities, and

exemptions in respect to travel or residence as may be enjoyed by the

citizens or subjects of the most favored nation." It was a treaty

negotiated by that great American statesman, Secretary Seward, and

announced by the President of the United States to Congress as a

"liberal and auspicious treaty". It was welcomed by the United States

as a great advance in their international relations. It had also the

double significance of having been negotiated by a Chinese special

embassy, of which a distinguished American diplomat, Mr. Anson

Burlingame, who was familiar with the wishes and interests of the

American people, was the head.

But within a few years the labor unions on the Pacific coast began to

object to the competition of Chinese laborers. Soon afterward the

Chinese Government, to its intense surprise, was informed that the

President of the United States had delegated a commission to come to

Peking to solicit an abrogation of the treaty clause to which reference

has been made. The Chinese Government was naturally unwilling to

abrogate a treaty which had been urged on her by the United States with

so much zeal, and which had so lately been entered upon on both sides

with such high hopes. Long and tedious negotiations ensued, and

finally a short treaty was concluded, the first and second Articles of

which are as follows:

Article I

"Whenever in the opinion of the Government of the United States, the

coming of Chinese laborers to the United States, or their residence

therein, affects or threatens to affect the interests of that country,

or to endanger the good order of the said country or of any locality

within the territory thereof, the Government of China agrees that the

Government of the United States may regulate, limit, or suspend such

coming or residence, but may not absolutely prohibit it. The

limitation or suspension shall be reasonable and shall apply only to

Chinese who may go to the United States as laborers, other classes not

being included in the limitations. Legislation taken in regard to

Chinese laborers will be of such a character only as is necessary to

enforce the regulation, limitation, or suspension of immigration, and

immigrants shall not be subject to personal maltreatment or abuse."

Article II

"Chinese subjects, whether proceeding to the United States as teachers,

students, merchants, or from curiosity, together with their body and

household servants, and Chinese laborers who are now in the United

States shall be allowed to go and come of their own free will and

accord, and shall be accorded all the rights, privileges, immunities,

and exceptions which are accorded to the citizens and subjects of the

most favored nations."

It would seem reasonable to expect that in yielding so fully to the

wishes of the United States in this second negotiation the Chinese

Government would not be called upon to make any further concessions in

the interests or at the demand of the labor unions on the Pacific

coast, but in this China was disappointed. Within a period of less

than ten years an urgent application was made by the American Secretary

of State for a new treaty amended so as to enable the Congress of the

United States to still further restrict the privileges of Chinese

laborers who had come to the United States. And when the Chinese

Government hesitated to consent to the withdrawal of rights which the

United States granted to the subjects of other Governments, Congress

passed the Scott Act of 1888 prohibiting any Chinese person from

entering the United States except Chinese officials, teachers,

students, merchants or travellers for pleasure or curiosity and

forbidding also Chinese laborers in the United States, after having

left, from returning thereto. This, in the words of Hon. J. W. Foster,

ex-Secretary of State and a distinguished international lawyer, "was a

deliberate violation of the Treaty of 1880 and was so declared by the

Supreme Court of the United States." In order to save the Executive of

the United States from embarrassment, the Chinese Government, contrary

to its own sense of justice, and of international comity, for a third

time yielded to the wishes of the United States, and concluded the

amended treaty of 1894 which gave Congress additional power of

legislation respecting Chinese laborers. By Article I of this treaty

it was agreed that for a term of ten years the coming of Chinese

laborers to the United States should be absolutely prohibited. Article

III distinctly provided that "the provisions of this convention shall

not affect the right at present enjoyed of Chinese subjects, being

officials, teachers, students, merchants, or travellers for curiosity

or pleasure, but not laborers, of coming to the United States and

residing therein." Thus it is clear that the prohibition affects only

laborers, and not the other classes of Chinese. For a few years after

the signing of this convention this was the view adopted and acted upon

by the immigration officials, but afterward they changed their

attitude, and the foregoing Article has since been interpreted to mean

that only the above-mentioned five classes can be admitted into the

United States, and that all the other classes of Chinese, however

respectable and honorable, must be refused admission. Will my readers

believe that a Chinese banker, physician, lawyer, broker, commercial

agent, scholar or professor could all be barred out of the United

States of America under the provisions of this convention? In the face

of the plain language of the text it seems too absurd and unreasonable

to be contemplated, and yet it is a fact.

This convention was proclaimed in December, 1894. According to its

provisions, it was to remain in force only for a period of ten years,

but that if six months before the end of that period neither Power

should give notice of denunciation it should be extended for a similar

period. Such notice was, however, given by China to the United States

and accordingly the convention expired in December, 1904, and is now no

longer in force. No serious attempt has since been made by the United

States Government to negotiate a new treaty regarding Chinese laborers,

so the customs and immigration officials continue to prohibit Chinese

laborers from coming to America by virtue of the law passed by

Congress. It will be seen that by the treaty of 1868, known as the

"Burlingame Treaty", the United States Government formally agreed that

Chinese subjects, visiting or residing in the United States, should

enjoy the same privileges and immunities as were enjoyed by the

citizens or subjects of the most favored nation; that being so, and as

the convention of 1894 has expired, according to the legal opinion of

Mr. John W. Foster, and other eminent lawyers, the continuation of the

exclusion of Chinese laborers and the restrictions placed upon Chinese

merchants and others seeking admission to the United States are not

only without international authority but in violation of treaty

stipulations.

The enforcement of the exclusion laws against Chinese in the Hawaiian

and Philippine Islands is still more inexcusable. The complaint in

America against the immigration of Chinese laborers was that such

immigration was detrimental to white labor, but in those Islands there

has been no such complaint; on the contrary the enforcement of the law

against the Chinese in Hawaii has been, and is, contrary to the

unanimous wish of the local Government and the people. Free

intercourse and immigration between those Islands and China have been

maintained for centuries. What is most objectionable and unfair is

that the Chinese should be singled out for discrimination, while all

other Asiatics such as Japanese, Siamese, and Malays are allowed to

enter America and her colonies without restraint. It is my belief that

the gross injustice that has been inflicted upon the Chinese people by

the harsh working of the exclusion law is not known to the large

majority of the American people, for I am sure they would not allow the

continuation of such hardships to be suffered by those who are their

sincere friends. China does not wish special treatment, she only asks

that her people shall be treated in the same way as the citizens or

subjects of other countries. Will the great American nation still

refuse to consent to this?

To solve the problem of immigration in a manner that would be

satisfactory to all parties is not an easy task, as so many conflicting

interests are involved. But it is not impossible. If persons

interested in this question be really desirous of seeing it settled and

are willing to listen to reasonable proposals, I believe that a way may

be found for its solution. There is good reason for my optimistic

opinion. Even the Labor Unions, unless I am mistaken, would welcome an

amicable settlement of this complicated question. In 1902, while at

Washington, I was agreeably surprised to receive a deputation of the

leaders of the Central Labor Union of Binghamton, New York, inviting me

to pay a visit there and to deliver an address. As I did not wish to

disappoint them I accepted their invitation. During my short stay

there, I was very cordially and warmly received, and most kindly

treated not only by the local authorities and inhabitants, but by the

members of the Labor Union and the working men also. I found that the

Union leaders and the working men were most reasonable, their platform

being, as far as I could learn, to have no cheap labor competition but

not necessarily discrimination against any race. If the United States

Government would appoint a commission composed of members representing

the Labor Unions, manufacturers and merchants, to treat with a similar

commission nominated by the Chinese Government, the whole question in

all its bearings could be discussed, and I feel certain that after free

and candid exchange of views, the joint Commissioners would be able to

arrive at a scheme which would put at rest once for all the conflicting

claims, and settle the matter satisfactorily to both China and the

United States.

When this disagreeable difference has been removed, the friendly

relations between the two Republics, cordial even while one was yet an

Empire, will leave nothing to be desired and cannot but help to largely

affect the trade between the two countries and to contribute to the

peace of the Far East.

[1] I need hardly say that our students are also well treated in

England, France, Germany, Japan, and other countries in Europe, but I

am dealing in this chapter with America.

America, Through the Spectacles of an Oriental Diplomat · 第 4 / 17 章