[Congressional Record Volume 157, Number 74 (Thursday, May 26, 2011)]
[Senate]
[Pages S3451-S3453]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 201--EXPRESSING THE REGRET OF THE SENATE FOR THE
PASSAGE OF DISCRIMINATORY LAWS AGAINST THE CHINESE IN AMERICA,
INCLUDING THE CHINESE EXCLUSION ACT
Mr. BROWN of Massachusetts (for himself, Mrs. Feinstein, Mr. Hatch,
Mrs. Murray, Mr. Cardin, Mr. Rubio, and Mr. Akaka) submitted the
following resolution; which was referred to the Committee on the
Judiciary:
S. Res. 201
Whereas many Chinese came to the United States in the 19th
and 20th centuries, as did people from other countries, in
search of the opportunity to create a better life for
themselves and their families;
Whereas the contributions of persons of Chinese descent in
the agriculture, mining, manufacturing, construction,
fishing, and canning industries were critical to establishing
the foundations for economic growth in the Nation,
particularly in the western United States;
Whereas United States industrialists recruited thousands of
Chinese workers to assist in the construction of the Nation's
first major national transportation infrastructure, the
Transcontinental Railroad;
Whereas Chinese laborers, who made up the majority of the
western portion of the railroad workforce, faced grueling
hours and extremely harsh conditions in order to lay hundreds
of miles of track and were paid substandard wages;
Whereas without the tremendous efforts and technical
contributions of these Chinese immigrants, the completion of
this vital national infrastructure would have been seriously
impeded;
Whereas from the middle of the 19th century through the
early 20th century, Chinese immigrants faced racial ostracism
and violent assaults, including--
(1) the 1887 Snake River Massacre in Oregon, at which 31
Chinese miners were killed; and
(2) numerous other incidents, including attacks on Chinese
immigrants in Rock Springs, San Francisco, Tacoma, and Los
Angeles;
Whereas the United States instigated the negotiation of the
Burlingame Treaty, ratified by the Senate on October 19,
1868, which permitted the free movement of the Chinese people
to, from, and within the United States and accorded to China
the status of ``most favored nation'';
Whereas before consenting to the ratification of the
Burlingame Treaty, the Senate required that the Treaty would
not permit Chinese immigrants in the United States to be
naturalized United States citizens;
Whereas on July 14, 1870, Congress approved An Act to Amend
the Naturalization Laws and to Punish Crimes against the
Same, and for other Purposes, and during consideration of
such Act, the Senate expressly rejected an amendment to allow
Chinese immigrants to naturalize;
Whereas Chinese immigrants were subject to the overzealous
implementation of the Page Act of 1875 (18 Stat. 477),
which--
[[Page S3452]]
(1) ostensibly barred the importation of women from
``China, Japan, or any Oriental country'' for purposes of
prostitution;
(2) was disproportionately enforced against Chinese women,
effectively preventing the formation of Chinese families in
the United States and limiting the number of native-born
Chinese citizens;
Whereas, on February 15, 1879, the Senate passed ``the
Fifteen Passenger Bill,'' which would have limited the number
of Chinese passengers permitted on any ship coming to the
United States to 15, with proponents of the bill expressing
that the Chinese were ``an indigestible element in our midst
. . . without any adaptability to become citizens'';
Whereas, on March 1, 1879, President Hayes vetoed the
Fifteen Passenger Bill as being incompatible with the
Burlingame Treaty, which declared that ``Chinese subjects
visiting or residing in the United States, shall enjoy the
same privileges . . . in respect to travel or residence, as
may there be enjoyed by the citizens and subjects of the most
favored nation'';
Whereas in the aftermath of the veto of the Fifteen
Passenger Bill, President Hayes initiated the renegotiation
of the Burlingame Treaty, requesting that the Chinese
government consent to restrictions on the immigration of
Chinese persons to the United States;
Whereas these negotiations culminated in the Angell Treaty,
ratified by the Senate on May 9, 1881, which--
(1) allowed the United States to suspend, but not to
prohibit, the immigration of Chinese laborers;
(2) declared that ``Chinese laborers who are now in the
United States shall be allowed to go and come of their own
free will''; and
(3) reaffirmed that Chinese persons possessed ``all the
rights, privileges, immunities, and exemptions which are
accorded to the citizens and subjects of the most favored
nation'';
Whereas, on March 9, 1882, the Senate passed the first
Chinese Exclusion Act, which purported to implement the
Angell Treaty but instead excluded for 20 years both skilled
and unskilled Chinese laborers, rejected an amendment that
would have permitted the naturalization of Chinese persons,
and instead expressly denied Chinese persons the right to be
naturalized as American citizens;
Whereas, on April 4, 1882, President Chester A. Arthur
vetoed the first Chinese Exclusion Act as being incompatible
with the terms and spirit of the Angell Treaty;
Whereas, on May 6, 1882, Congress passed the second Chinese
Exclusion Act, which--
(1) prohibited skilled and unskilled Chinese laborers from
entering the United States for 10 years;
(2) was the first Federal law that excluded a single group
of people on the basis of race; and
(3) required certain Chinese laborers already legally
present in the United States who later wished to reenter to
obtain ``certificates of return'', an unprecedented
requirement that applied only to Chinese residents;
Whereas, in response to reports that courts were bestowing
United States citizenship on persons of Chinese descent, the
Chinese Exclusion Act of 1882 explicitly prohibited all State
and Federal courts from naturalizing Chinese persons;
Whereas the Chinese Exclusion Act of 1882 underscored the
belief of some Senators at that time that--
(1) the Chinese people were unfit to be naturalized;
(2) the social characteristics of the Chinese were
``revolting'';
(3) Chinese immigrants were ``like parasites''; and
(4) the United States ``is under God a country of
Caucasians, a country of white men, a country to be governed
by white men'';
Whereas, on July 3, 1884, notwithstanding United States
treaty obligations with China and other nations, Congress
broadened the scope of the Chinese Exclusion Act--
(1) to apply to all persons of Chinese descent, ``whether
subjects of China or any other foreign power''; and
(2) to provide more stringent requirements restricting
Chinese immigration;
Whereas, on October 1, 1888, the Scott Act was enacted into
law, which--
(1) prohibited all Chinese laborers who would choose or had
chosen to leave the United States from reentering;
(2) cancelled all previously-issued ``certificates of
return,'' which prevented approximately 20,000 Chinese
laborers abroad, including 600 individuals who were en route
to the United States, from returning to their families or
their homes; and
(3) was later determined by the Supreme Court to have
abrogated the Angell Treaty;
Whereas, on May 5, 1892, the Geary Act was enacted into
law, which--
(1) extended the Chinese Exclusion Act for 10 years;
(2) required all Chinese persons in the United States, but
no other race of people, to register with the Federal
Government in order to obtain ``certificates of residence'';
and
(3) denied Chinese immigrants the right to be released on
bail upon application for a writ of habeas corpus;
Whereas, on an explicitly racial basis, the Geary Act
deemed the testimony of Chinese persons, including American
citizens of Chinese descent, per se insufficient to establish
the residency of a Chinese person subject to deportation,
mandating that such residence be established through the
testimony of ``at least one credible white witness'';
Whereas, in the 1894 Gresham-Yang Treaty, the Chinese
government consented to a prohibition of Chinese immigration
and the enforcement of the Geary Act in exchange for the
readmission of previous Chinese residents;
Whereas in 1898, the United States--
(1) annexed Hawaii;
(2) took control of the Philippines; and
(3) excluded thousands of racially Chinese residents of
Hawaii and of the Philippines from entering the United States
mainland;
Whereas on April 29, 1902, Congress--
(1) indefinitely extended all laws regulating and
restricting Chinese immigration and residence; and
(2) expressly applied such laws to United States insular
territories, including the Philippines;
Whereas in 1904, after the Chinese government exercised its
unilateral right to withdraw from the Gresham-Yang Treaty,
Congress permanently extended, ``without modification,
limitation, or condition'', all restrictions on Chinese
immigration and naturalization, making the Chinese the only
racial group explicitly singled out for immigration exclusion
and permanently ineligible for American citizenship;
Whereas between 1910 and 1940, the Angel Island Immigration
Station implemented the Chinese exclusion laws by--
(1) confining Chinese persons for up to nearly 2 years;
(2) interrogating Chinese persons; and
(3) providing a model for similar immigration stations at
other locations on the Pacific coast and in Hawaii;
Whereas each of the congressional debates concerning issues
of Chinese civil rights, naturalization, and immigration
involved intensely racial rhetoric, with many Members of
Congress claiming that all persons of Chinese descent were--
(1) unworthy of American citizenship;
(2) incapable of assimilation into American society; and
(3) dangerous to the political and social integrity of the
United States;
Whereas the express discrimination in these Federal
statutes politically and racially stigmatized Chinese
immigration into the United States, enshrining in law the
exclusion of the Chinese from the political process and the
promise of American freedom;
Whereas wartime enemy forces used the anti-Chinese
legislation passed in Congress as evidence of American racism
against the Chinese, attempting to undermine the Chinese-
American alliance and allied military efforts;
Whereas, in 1943, at the urging of President Franklin D.
Roosevelt, and over 60 years after the enactment of the first
discriminatory laws against Chinese immigrants, Congress--
(1) repealed previously-enacted anti-Chinese legislation;
and
(2) permitted Chinese immigrants to become naturalized
United States citizens;
Whereas, despite facing decades of systematic, pervasive,
and sustained discrimination, Chinese immigrants and Chinese-
Americans persevered and have continued to play a significant
role in the growth and success of the United States;
Whereas 6 decades of Federal legislation deliberately
targeting Chinese by race--
(1) restricted the capacity of generations of individuals
and families to openly pursue the American dream without
fear; and
(2) fostered an atmosphere of racial discrimination that
deeply prejudiced the civil rights of Chinese immigrants;
Whereas diversity is one of our Nation's greatest
strengths, and, while this Nation was founded on the
principle that all persons are created equal, the laws
enacted by Congress in the late 19th and early 20th centuries
that restricted the political and civil rights of persons of
Chinese descent violated that principle;
Whereas although an acknowledgment of the Senate's actions
that contributed to discrimination against persons of Chinese
descent will not erase the past, such an expression will
acknowledge and illuminate the injustices in our national
experience and help to build a better and stronger Nation;
Whereas the Senate recognizes the importance of addressing
this unique framework of discriminatory laws in order to
educate the public and future generations regarding the
impact of these laws on Chinese and other Asian persons and
their implications to all Americans; and
Whereas the Senate deeply regrets the enactment of the
Chinese Exclusion Act and related discriminatory laws that--
(1) resulted in the persecution and political alienation of
persons of Chinese descent;
(2) unfairly limited their civil rights;
(3) legitimized racial discrimination; and
(4) induced trauma that persists within the Chinese
community: Now, therefore, be it
Resolved, That the Senate--
(1) acknowledges that this framework of anti-Chinese
legislation, including the Chinese Exclusion Act, is
incompatible with the basic founding principles recognized in
the Declaration of Independence that all persons are created
equal;
(2) acknowledges that this pattern of anti-Chinese
legislation, including the Chinese Exclusion Act, is
incompatible with the spirit of the United States
Constitution;
(3) deeply regrets passing 6 decades of legislation
directly targeting the Chinese people for physical and
political exclusion and the wrongs committed against Chinese
and American citizens of Chinese descent who
[[Page S3453]]
suffered under these discriminatory laws; and
(4) reaffirms its commitment to preserving the same civil
rights and constitutional protections for people of Chinese
or other Asian descent in the United States accorded to all
others, regardless of their race or ethnicity.
Mrs. FEINSTEIN. Mr. President, I rise today to join my colleague,
Senator Scott Brown, in submitting a resolution that expresses the
regret of the U.S. Senate for the passage of discriminatory laws
against Chinese immigrants. These laws are no longer in effect today.
However, I believe it is important for Congress to express regret for
the many injustices that were experienced by Chinese immigrants as a
result of these policies, and for all of us as Americans to learn from
this difficult chapter in our Nation's past.
Let me begin by offering a brief history of the Chinese Exclusion
Act. In the 1870s, an economic downturn created political pressure to
slow the growing population of Chinese immigrants who were coming to
the United States to pursue a better way of life. In California, State
laws and local ordinances were enacted that denied the Chinese basic
rights and privileges such as the right to own land and the ability to
access public schools.
At the urging of some California lawmakers, the U.S. Congress
subsequently passed laws that further denied the rights of Chinese
immigrants. The harshest of those measures was the Chinese Exclusion
Act of 1882 that explicitly prohibited all State and Federal courts
from naturalizing Chinese persons. This legislation was the first
federal law ever enacted to exclude a group of immigrants solely on the
basis of race or nationality.
The Chinese Exclusion Act was followed by the passage of the Geary
Act in 1892, which extended the Chinese Exclusion Act for 10 years and
required all Chinese persons in the United States to register with the
Federal Government to obtain certificates of residence to prove their
right to be in the U.S.
In order to fully understand this Nation's deep-rooted hostility
toward the Chinese during this time period, it is important to contrast
the U.S. Government's vastly different treatment of European immigrants
who entered the United States through Ellis Island. European immigrants
were not subjected to the same burdensome and humiliating screening
requirements as the Chinese.
Most are familiar with the stories of those coming to Ellis Island
and seeing the Statute of Liberty in New York Harbor. However, often
forgotten are the experiences of Chinese immigrants who made it to
America by way of Angel Island in California.
In 1910, the U.S. Government opened the Angel Island Immigration
Station as a way to isolate Chinese immigrants from the city of San
Francisco and the remainder of the bay area in northern California.
These immigrants were brought to Angel Island Station where they were
separated from family members, subjected to embarrassing medical
examinations and grueling interrogations, and detained for months or
sometimes years.
Despite these hardships, Chinese immigrants persevered, and they
continue to make invaluable contributions to the development and
success of our Nation. The enactment of Chinese exclusionary laws is a
shameful part of our history that must not be forgotten. It is my hope
that this resolution will serve to enlighten those who may not be aware
of this regrettable chapter in our Nation's history. In addition, I
hope the resolution will help heal and bring some closure for those who
lived through this difficult time and are still with us today.
I urge my colleagues to support this bipartisan resolution.
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