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.