Those seeking to end emigration from China finally succeeded with the passage of the Chinese Exclusion Act in 1882. The law passed with bipartisan support and was signed by President Chester A. Arthur. When it lapsed after ten years, the policy of exclusion was continued via the Geary Act of 1892. When it lapsed in 1902, Congress made the exclusion permanent. By that time a new migration from Asia was occurring, which President Theodore Roosevelt addressed with the “Gentlemen’s Agreement” with Japan. Under its terms, the Japanese government prohibited its citizens from migrating to the United States. In return, Roosevelt pledged to prevent discrimination against Japanese nationals already in the country. He was unable to keep that promise as states, especially California, restricted the rights of Japanese immigrants in a variety of ways, including prohibiting them from owning real estate.
Federal statutes routinely begin with a rationale for the law, usually in a preamble. This one is notably brief and lacks specificity. Congress later amended the law and succeeding measures to widen the definition of “laborer” to include merchants and other businessmen.
Preamble. Whereas, in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof:
Therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the expiration of ninety days next after the passage of this act, and until the expiration of ten years next after the passage of this act, the coming of Chinese laborers to the United States be, and the same is hereby, suspended; and during such suspension it shall not be lawful for any Chinese laborer to come, or, having so come after the expiration of said ninety days, to remain within the United States. . . .
SEC. 2. That the master of any vessel who shall knowingly bring within the United States on such vessel, and land or permit to be landed, any Chinese laborer, from any foreign port of place, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars for each and every such Chinese laborer so brought, and may be also imprisoned for a term not exceeding one year. . . .
SEC. 10. That every vessel whose master shall knowingly violate any of the provisions of this act shall be deemed forfeited to the United States, and shall be liable to seizure and condemnation on any district of the United States into which such vessel may enter or in which she may be found.
SEC. 11. That any person who shall knowingly bring into or cause to be brought into the United States by land, or who shall knowingly aid or abet the same, or aid or abet the landing in the United States from any vessel of any Chinese person not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in a sum not exceeding one thousand dollars, and imprisoned for a term not exceeding one year. . . .
SEC. 14. That hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed.
SEC. 15. That the words “Chinese laborers,” whenever used in this act, shall be construed to mean both skilled and unskilled laborers and Chinese employed in mining.
Approved, May 6, 1882.
Source: U.S. National Archives & Records Administration.
Evaluating the Evidence