Chinese Exclusion Act: Elevation of Political Morality Begins with a National Apology

Published in Legal Daily
(China) on 21 June 2012
by Yu Fei (link to originallink to original)
Translated from by Lanlan Jin. Edited by Audrey Agot.
On June 18, the U.S. House of Representatives passed the 683 apology bill unanimously, extending a formal apology for the Chinese Exclusion Act of 1882 and seeking repentance from Chinese Nationals.

Zhao Maxim, the female Chinese congresswoman who promoted the 683 resolution, revealed that “this motion finally admitted to past injustices and officially apologized for the laws that gave Chinese unfair treatment, and recognized that one of America’s founding principles is that all men are created equal.”*

Looking back at history, when the Californian gold mines were discovered in 1848, a large group of Chinese went to the U.S. in search of the gold rush. Whether it was in the mining, footwear, wheat, fruit, or clothing industries, the Chinese were able to make outstanding contributions. Under every railway sleeper traversing across the American East and West lie the bones of a Chinese laborer that are not worthless, by any means.

Unexpectedly, after the mid-19th century, the U.S. experienced an outbreak of economic crises that led to an increase of the unemployed. Vile politicians manipulated and propagated white populist sentiments, labeling the Chinese as their livelihood snatchers. In a heartbeat, Chinese exclusion sentiment swept across the nation.

Exclusionists made unrelenting nonsensical claims, slandering the Chinese as morally hazardous beings who were reluctant to adopt the American way of life and therefore could not benefit American society in any way. They also made blasphemous remarks that the Chinese were opportunists flooding to the U.S. for gold, a trend that would turn the U.S. into a Chinese province, making the U.S. another case similar to Mongolia.

White mobs committed a number of evils such as looting, arson, lynching and other persecutions of the Chinese on a daily basis. The California government also levied discriminatory poll tax, custom duties and even basket tax, to name a few.

What’s even worse, the immigrant based U.S. brazenly passed the 1882 “An act to execute certain treaty stipulations relating to Chinese,” signed into law by President Chester A. Arthur. Under the provision of what is more commonly known as the Chinese Exclusion Act, Chinese could not become naturalized Americans, Chinese residents of America were forced to carry an identity card with them at all times for the scrutiny of other nations’ immigrants, and a ban was put on Chinese laborers’ entry within a ten year period with an expiration date subject to extension. Between 1882 and 1943, the U.S. devised more than 15 laws to reject the Chinese immigration decree with growing stringency of terms.

In 1892, the U.S. Supreme Court declared, “Chinese not born in the U.S. have never been considered as U.S. citizens and the naturalization law has not given them the right to ever be.”* The door to the U.S. was shut from the Chinese with a heavy thump. The United States, a nation that prided itself in being a racial melting pot, had for the first and only time in history excluded a single nation from sharing the American dream.

Faced with the U.S.’ Chinese exclusion animosity, Northern Ambassador Minister Li Hongzhang claimed in his interview with The New York Times in his visit to the U.S. in 1892: “The Chinese Exclusion Act is the world’s most unfair bill.” He said to the American reporter, “You Americans pride yourselves in democracy and freedom, but is your Chinese Exclusion Act freedom for the Chinese? That is not freedom!”*

The monstrous waves of U.S. discrimination against the Chinese crossed the Pacific, and Chinese national consciousness was awakened. No longer tolerating the injustice, the Chinese initiated a series of active boycotts of American goods. In 1905, even the fifth question in the second round of imperial examinations targeted the topic of the Chinese Exclusion Act: “American ban on Chinese laborers has been endured for the intended 10-year period; it’s time to invoke public law and reformulate the original contract to protect the policies for Chinese nationals.”

The Chinese Exclusion Act is now known for its notoriety. American Statesman Hall admits that the bill was a product of racial discrimination and incompatible with the U.S. Constitution. President Franklin D. Roosevelt put it bluntly, saying that it was a historical error.

At the outbreak of World War II, China and the U.S. formed as allies. During that time, Japan used the Chinese Exclusion Act as a major weapon of propaganda to drive a wedge between Sino-U.S. relations. Soong Mei-ling (also known as Madame Chiang, former First Lady of the Republic of China) gave an impassioned congressional speech that moved the audience deeply.

It is worth mentioning that the well-known leader Situ Meitang contributed to the reform cause greatly. Before entering into politics, Roosevelt served as the legal advisor in the Situ Meitang founded overseas Chinese society for 10 years, and the two formed a deep friendship. Situ Meitang wrote to his old friend and asked him to bring up the topic of repealing the unpopular Chinese Exclusion Act to Congress in sincere and touching words.

In December of 1943, President Roosevelt signed a decree that formally abolished the Chinese Exclusion Act. He said, “Congress is like individuals, prone to making mistakes. We need to possess the courage to recognize past mistakes, and correct them... to act upon the belated rectification of the past, and correct the unjust behaviors that we have demonstrated towards our friends.”*

The century old Chinese Exclusion movement has become past history, but it has left a historical trauma that is difficult to heal. Because the wives and daughters of Chinese nationals are not allowed to reunite in the U.S., the number of Chinese in the U.S. has dropped to 70,000. The residual fears of Chinese Americans are difficult to soothe, and Chinese Americans feel alienated from and apathetic towards American politics.

With the dawning of the second half of the 20th century, world history has turned to a new page, an era of national apology. Marginalized groups demanded an apology on the national level to restore historical facts, heal the wounds of history and come together to form a mighty historical movement. Through reinterpretation of history and investigating the unjust history deliberated ignored by mainstream society, the national apology will lay basis for political reconciliation.

The governments of Canada, Mexico and other countries have bowed their heads and apologized to the indigenous people. In recent years, the American government has also expressed apology to African Americans, Native Americans, Japanese citizens and Native Hawaiians.

Today, there are no less than four million Chinese Americans excelling in all kinds of fields. With an endless supply of Chinese American engineers, accountants, professors, the Chinese is now known as America’s model minority group. Chinese Congresswoman Zhao Maxim’s clarion and courageous call to action united the public and initiated the “1882 Plan,” with its purpose to call to mind the injustice of 1882 and rectify history.

On Oct. 6, 2011, the U.S. senate unanimously passed a motion that expressed America's regret to the Chinese. Amicability found its place at the House of Representatives conference with the passing of the national apology bill, highlighting that American political figures as well as the public have taken a courageous step towards confronting with history, elevating political ethics, conserving human rights culture, and promoting reconciliation at the national level.

While the winds of time have made history into dust, the winds of justice have brought history back for inspection. History can be forgiven, but must not be forgotten.

*Editor’s note: The original quotation, although accurately translated, could not be verified.


排华法案:提升政治道德始于国家道歉

此次众议院从善如流,通过国家道歉法案,彰显美国政治人物与普通民众正视历史,从国家道歉入手,提升政治道德,涵养人权文化,推动全民和解,踏出勇敢一步
  俞飞
  6月18日,美国众议院全票通过道歉决议案,就1882年排华法案向全美华人正式认错道歉忏悔。
  领衔提出683号决议案的华裔女议员赵美心吐露心声:“议案最终承认这些不公,它正式就给华人带来不公正待遇的法律进行道歉,承认美国的建国原则之一是所有人生而平等。”
  回眸历史,1848年加利福尼亚州发现金矿,大批华人赴美淘金。举凡采矿、制鞋、小麦、水果、成衣业,华工均有杰出贡献。穿越美国东西部的漫长铁路线,每一根枕木下都有一具华工的尸骨,绝非虚言。
  不料19世纪中叶之后,美国爆发严重经济危机,失业大军与日俱增。不良政客大肆煽动白人民粹情绪,诬指华人抢走饭碗。一时间,排华浪潮席卷全美。
  排华论者大放厥词,诋毁中国人道德败坏,不愿采用美国的生活方式,对美国毫无益处。又谩骂中国人一有机会自然涌入美国,其趋势会使美国成为中国的一个省份,使美国“蒙古化”云云。
  白人暴徒抢劫、纵火、私刑迫害华人,种种恶行,无日无之。加州政府更是针对华人,频频开征歧视性的人头税、海关税,甚至提篮税, 。
  尤有甚者,移民为立国之基的美国,1882年国会悍然通过《关于执行有关华人条约诸规定的法案》,亚瑟总统签署生效。这部俗称排华法案的法律,规定华人不得归化为美国人;在美华人,被迫随时随地携带身份证件,为各国移民仅见;十年内完全禁止华工入境,此后有效期限一再延长。1882年到1943年,美国先后制订排斥中国移民的法令达15部之多,条款愈发严苛。
  1892年,美国最高法院宣布:“不是出生在美国的华人,从来没有被认为是美国的公民,归化法中也没有给他们这样的权利。”美利坚大门从此重重向华人关上。以种族大熔炉自诩的美国,历史上第一次也是唯一的一次,排斥一个民族分享美国梦。
  面对美国的排华逆流,1896年北洋大臣李鸿章访美,接受《纽约时报》记者采访时痛斥:“排华法案是世界上最不公平的法案。”他反问美国记者:“你们为美国人的民主自由而自豪,但你们的排华法案对华人来说是自由吗?这不是自由!”
  美国排华浪潮恶浪滔天,大洋彼岸的中国人,民族意识觉醒,忍无可忍,掀起轰轰烈烈的抵制美货运动。就连1905年,末代科举考试,第二场时务策五道题中也针对排华法案专门出题:美国禁止华工,久成苛例,今届十年期满,亟宜援引公法,驳正原约,以期保护侨民策。
  排华法案臭名昭著,当年美国政治家霍尔坦承法案是种族歧视的产物,同美国宪法格格不入。连美国总统罗斯福也毫不讳言——历史的错误。
  二战爆发,中美结成盟国。此时日本利用排华法案作最佳宣传武器,离间中美关系。宋美龄女士国会精彩演说,慷慨陈词,全场动容。
  值得一提的是,著名侨领司徒美堂功不可没。罗斯福从政前,出任司徒美堂所创立的华侨社团安良堂法律顾问十多年,二人情谊深厚。司徒美堂来信,请求老友,提请国会废除不得人心的排华法案。言词恳切,令人动容。
  1943年12月,罗斯福总统签署法令,正式废除排华法案。他说:“国会和个人一样,也会犯错误。我们要有足够的勇气承认过去的错误,并加以改正。”“要采取这种早就应采取的措施,以纠正过去对我们朋友不公正的行为。”
  历时百年的排华运动走入历史,但留下的历史创伤,却迟迟难以愈合。由于不允许华人妻女来美团聚,此时在美华人人数剧降到7万人。心有余悸的美国华人心结难解,对美国政治愈发疏离冷漠。
  二十世纪后半叶以降,世界历史翻开新的一页,进入国家道歉时代。弱势族群诉求国家道歉,还原历史真相,抚平历史创伤,汇成浩浩荡荡的历史潮流。国家道歉,通过重新诠释历史,审视为主流社会刻意忽视的历史不义,以期奠定政治和解基础。
  加拿大、澳大利亚等国政府,先后向原住民低头致歉。近年来,美国政府也先后向黑人、印第安人、日裔公民、夏威夷原住民表达歉意。
  如今,美国华人人数不下四百万,各行各业表现抢眼,工程师、会计师、教授等专业人士层出不穷,被誉为美国模范少数族群。华人国会众议员赵美心登高一呼,勇敢发声,众志成城,发动“1882计划”,号召勿忘1882,决心讨回历史公道。
  去年10月6日,美国参议院全票通过议案,向华人表达歉意。此次众议院从善如流,通过国家道歉法案,彰显美国政治人物与普通民众正视历史,从国家道歉入手,提升政治道德,涵养人权文化,推动全民和解,踏出勇敢一步。
  岂容青史尽成灰,不信东风唤不回。历史可以原谅,但绝不能遗忘。
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