AMST_101_MIDTERM_STUDY GUIDE_3 - 1882 Chinese Exclusion Act...

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1882 Chinese Exclusion Act ID : Excerpt from the Chinese Exclusion Act of 1882: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that . .. 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, . .. to remain within the United States Chinese immigration became a national issue by the 1860s. The strongest currents of anti- Chinese sentiment mobilized in California, where the discovery of gold and demands for labor had attracted a visible population of Chinese workers. The 1870 census reported that more than 99 percent of Chinese residing in the U.S. lived in the West. This migration had been made possible by the Burlingame Treaty of 1868 (16 Stat. 739), which established full diplomatic relations and free immigration between China and the United States. Initial efforts to curb Chinese labor immigration faced a legal obstacle: the Burlingame Treaty's provisions for free immigration between the United States and China. This was to change in 1880. Persuaded by anti-Chinese forces, American immigration commissioners renegotiated the treaty in pursuit of the twin goals of immigration restriction and advantageous trade relations. Congress, having secured the power to regulate Chinese immigration, passed the Chinese Exclusion Act of 1882. The debates in Congress reflected blatant racism and a discriminatory prejudice not only against the Chinese but against African Americans and Indians as well. As one senator argued, "the Caucasian race has a right, considering its superiority of intellectual force and mental vigor, to look down upon every other branch of the human family . .. We are the superior race today." Under the act, Chinese laborers already residing in the U.S. were allowed to leave and return by obtaining a reentry certificate from the collector of customs. This provision was challenged in Chew Heong v. United States (1884), when immigration officials excluded former residents who could not obtain the required certificates because they were abroad when the act was passed. The Supreme Court ruled that a Chinese person could reenter without a certificate if he was a lawful resident at the time of the Burlingame Treaty revisions. Subsequent legislation effectively nullified Chew Heong. The 1888 Scott Act (25 Stat. 476) prohibited Chinese laborers from entering the country, including those with valid return certificates. This legislation was found constitutional in Chae Chan Ping v. United States (known as the Chinese Exclusion Case, 1889). Chae Chan Ping had left for a trip to China in 1887 with a valid return certificate. The Scott Act,
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This note was uploaded on 05/19/2010 for the course -2 20101 taught by Professor Georgesanchez during the Spring '10 term at USC.

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AMST_101_MIDTERM_STUDY GUIDE_3 - 1882 Chinese Exclusion Act...

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