Misplaced Pages

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130-406: The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers for 10 years. The law made exceptions for merchants, teachers, students, travelers, and diplomats. The Chinese Exclusion Act was the first major US law ever implemented to prevent all members of a specific national group from immigrating to

260-450: A § ) as their basic coherent units, and sections are numbered sequentially across the entire title without regard to the previously-mentioned divisions of titles. Sections are often divided into (from largest to smallest) subsections, paragraphs, subparagraphs, clauses, subclauses, items, and subitems. Congress, by convention, names a particular subdivision of a section according to its largest element. For example, "subsection (c)(3)(B)(iv)"

390-523: A decision to deny entry to two Chinese students. One of the critics of the Chinese Exclusion Act was the anti-imperialist senator George Frisbie Hoar , a Republican from Massachusetts who described the act as "nothing less than the legalization of racial discrimination". The laws were driven largely by racial concerns; immigration of persons of other races was not yet limited. On the other hand, most people and unions strongly supported

520-594: A dilemma: stay in the United States alone or return to China to reunite with their families. Although widespread dislike for the Chinese persisted well after the law itself was passed, of note is that some capitalists and entrepreneurs resisted their exclusion because they accepted lower wages. When the exclusion act expired in 1892, congress extended it 10 more years in the form of the Geary Act . This extension

650-468: A federal court ruling. This led to the rapid growth of Chinese restaurants in the 1910s and 1920s as restaurant owners could leave and reenter along with family members from China. Later, the Immigration Act of 1924 restricted immigration even further, excluding all classes of Chinese immigrants and extending restrictions to other Asian immigrant groups. Until these restrictions were relaxed in

780-624: A home. This was the first American law 'gatekeeping' the country based on those who were not seen as worthy enough to enter based on race. Another issue was there were many workarounds that people quickly created to bypass the Chinese Exclusion Act. Chinese women would travel to Canada to get a marriage license in order to reunite with their families. Men and women would walk across the American border intending to be arrested, to demand to go to court and claim they were born in America through providing

910-485: A limited time, such as most appropriation acts or budget laws, which apply only for a single fiscal year . If these limited provisions are significant, however, they may be printed as "notes" underneath related sections of the Code. The codification is based on the content of the laws, however, not the vehicle by which they are adopted; so, for instance, if an appropriations act contains substantive, permanent provisions (as

1040-695: A long record of faithful employment in the diplomatic service . Upon his arrival in China, he chose to establish a cooperative and friendly policy rather than an aggressive and uncompromising one and developed close and amiable relationships with the reform elements of the Qing court. The United States also wished to gain access to profitable trading opportunities and foster the continued spread of Christianity in Asia via missionaries , which had already been initiated by Catholic missionaries who arrived in China starting in

1170-488: A new Constitution which explicitly authorized the state government to determine which individuals were allowed to reside in the state, and banned the Chinese from employment by corporations and state, county or municipal governments. Three years later, after China had agreed to treaty revisions, Congress tried again to exclude working-class Chinese laborers; Senator John F. Miller of California introduced another Chinese Exclusion Act that blocked entry of Chinese laborers for

1300-477: A new Title 52 , which has not been enacted into positive law. When sections are repealed, their text is deleted and replaced by a note summarizing what used to be there. This is so that lawyers reading old cases can understand what the cases are talking about. As a result, some portions of the Code consist entirely of empty chapters full of historical notes. For example, Title 8, Chapter 7 is labeled "Exclusion of Chinese". This contains historical notes relating to

1430-462: A part of those sovereign powers delegated by the constitution". The act was renewed for ten years by the 1892 Geary Act , and again with no terminal date in 1902. When the act was extended in 1902, it required "each Chinese resident to register and obtain a certificate of residence. Without a certificate, he or she faced deportation." Between 1882 and 1905, about 10,000 Chinese appealed against negative immigration decisions to federal court, usually via

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1560-665: A petition for habeas corpus . In most of these cases, the courts ruled in favor of the petitioner. Except in cases of bias or negligence, these petitions were barred by an act that passed Congress in 1894 and was upheld by the US Supreme Court in United States v. Lem Moon Sing (1895). In United States v. Ju Toy (1905), the US Supreme Court reaffirmed that the port inspectors and the Secretary of Commerce had final authority on who could be admitted. Ju Toy's petition

1690-560: A quarter of all wage-earning workers in California. By 1878, Congress felt compelled to try to ban immigration from China in legislation that was later vetoed by President Rutherford B. Hayes . The title of the August 27, 1873, San Francisco Chronicle article, "The Chinese Invasion! They Are Coming, 900,000 Strong", was traced by The Atlantic as one of the roots of the 2019 anti-immigration "invasion" rhetoric . Furthermore, in 1876,

1820-552: A representative of the U.S. government, gave up his post to assist the Chinese in their treaty negotiations with Seward. While in Washington, Burlingame negotiated a treaty with Secretary of State William H. Seward , his former superior, to revise and expand upon the points established in the Treaty of Tianjin of 1858. The first few articles of the new treaty protected commerce conducted in Chinese ports and cities, and established

1950-641: A result of an antitrust settlement when the parent of Lawyers Co-operative Publishing acquired West. These annotated versions contain notes following each section of the law, which organize and summarize court decisions, law review articles, and other authorities that pertain to the code section, and may also include uncodified provisions that are part of the Public Laws. The publishers of these versions frequently issue supplements (in hard copy format as pocket parts ) that contain newly enacted laws, which may not yet have appeared in an official published version of

2080-457: A robbery committed by a gang of seven armed horse thieves. Gold worth $ 4,000–$ 5,000 was thought to have been stolen from the miners. The gold was never recovered nor further investigated. Shortly following the incident, the Sam Yup company of San Francisco hired Lee Loi who later hired Joseph K. Vincent, then US Commissioner, to lead an investigation. Vincent submitted his investigative report to

2210-566: A section in the Code. To cite any particular section, it is enough to know its title and section numbers. According to one legal style manual, a sample citation would be " Privacy Act of 1974 , 5 U.S.C.   § 552a (2006)", read aloud as "Title five, United States Code, section five fifty-two A" or simply "five USC five fifty-two A". Some section numbers consist of awkward-sounding combinations of letters, hyphens, and numerals. They are especially prevalent in Title 42. A typical example

2340-513: A series of provisions together as a means of addressing a social or governmental problem; those provisions often fall in different logical areas of the Code. For example, an Act providing relief for family farms might affect items in Title 7 (Agriculture), Title 26 (Tax), and Title 43 ( Public Lands ). When the Act is codified, its various provisions might well be placed in different parts of those various Titles. Traces of this process are generally found in

2470-500: A treaty which included the right of Chinese people to free immigration and travel within the US, and protection of Chinese citizens residing in the United States. Moreover, the treaty gave the two countries reciprocal access to education and schooling when living in the other country. Although the US viewed China as an inferior partner, nevertheless the relationship was positive. American politicians and presidents continued to maintain and uphold

2600-516: A twenty-year period. The bill passed the Senate and House by overwhelming margins, but this as well was vetoed by President Chester A. Arthur , who concluded the 20-year ban to be a breach of the renegotiated treaty of 1880. That treaty allowed only a "reasonable" suspension of immigration. Eastern newspapers praised the veto, while it was condemned in the Western states. Congress was unable to override

2730-501: A witness of their birth. While the American and Canadian government did discover these workarounds and new laws were created, these methods still were accessible for several years after the exclusion act. A 2024 study found that the legislation harmed the labor market integration of Chinese immigrants in the United States. In response to the discrimination they faced, Chinese immigrants increasingly invested in education, adopted Americanized names, and enhanced their English proficiency. In

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2860-414: Is common for lawyers to refer to a " Chapter 11 bankruptcy " or a "Subchapter S corporation " (often shortened to " S corporation "). In the context of federal statutes, the word "title" has two slightly different meanings. It can refer to the highest subdivision of the Code itself, but it can also refer to the highest subdivision of an Act of Congress which subsequently becomes part of an existing title of

2990-529: Is however not an exhaustive list of charges brought against Chinese immigrants, many more assumptions were made such as them bringing leprosy to US shores. Some of the main proponents of this racialism were Irish immigrants in the West, the reason for this was that although granted entry under the Naturalization Act of 1790 as a free 'white' people, the large numbers of immigrants from Europe starting in

3120-408: Is not a subsection but a clause, namely clause (iv) of subparagraph (B) of paragraph (3) of subsection (c); if the identity of the subsection and paragraph were clear from the context, one would refer to the clause as "subparagraph (B)(iv)". Not all titles use the same series of subdivisions above the section level, and they may arrange them in different order. For example, in Title 26 (the tax code),

3250-534: Is required to determine what laws are in force at any given time. The United States Code is the result of an effort to make finding relevant and effective statutes simpler by reorganizing them by subject matter, and eliminating expired and amended sections. The Code is maintained by the Office of the Law Revision Counsel (LRC) of the U.S. House of Representatives. The LRC determines which statutes in

3380-721: Is routinely cited by the Supreme Court and other federal courts without mentioning this theoretical caveat. On a day-to-day basis, very few lawyers cross-reference the Code to the Statutes at Large . Attempting to capitalize on the possibility that the text of the United States Code can differ from the United States Statutes at Large , Bancroft-Whitney for many years published a series of volumes known as United States Code Service (USCS), which used

3510-553: Is sometimes the case), these provisions will be incorporated into the Code even though they were adopted as part of a non-permanent enactment. Early efforts at codifying the Acts of Congress were undertaken by private publishers; these were useful shortcuts for research purposes, but had no official status. Congress undertook an official codification called the Revised Statutes of the United States approved June 22, 1874, for

3640-671: Is that of the "enrolled bill" (traditionally printed on parchment ) presented to the President for his signature or disapproval . Upon enactment of a law, the original bill is delivered to the Office of the Federal Register (OFR) within the National Archives and Records Administration (NARA). After authorization from the OFR, copies are distributed as " slip laws " (as unbound, individually paginated pamphlets ) by

3770-523: Is that the original drafters of the Code in 1926 failed to foresee the explosive growth of federal legislation directed to "The Public Health and Welfare" (as Title 42 is literally titled) and did not fashion statutory classifications and section numbering schemes that could readily accommodate such expansion. Title 42 grew in size from 6 chapters and 106 sections in 1926 to over 160 chapters and 7,000 sections as of 1999. Titles that have been enacted into positive law are indicated by blue shading below with

3900-577: Is the Religious Freedom Restoration Act of 1993 (RFRA), which is codified in Chapter 21B of Title 42 at 42 U.S.C.   § 2000bb through 42 U.S.C.   § 2000bb-4 . In the case of RFRA, Congress was trying to squeeze a new act into Title 42 between Chapter 21A (ending at 42 U.S.C.   § 2000aa-12 ) and Chapter 22 (beginning at 42 U.S.C.   § 2001 ). The underlying problem

4030-675: The Statutes at Large for the year of enactment. Regulations promulgated by executive agencies through the rulemaking process set out in the Administrative Procedure Act are published chronologically in the Federal Register and then codified in the Code of Federal Regulations (CFR). Similarly, state statutes and regulations are often codified into state-specific codes. Burlingame Treaty China and

Chinese Exclusion Act - Misplaced Pages Continue

4160-461: The Angell Treaty of 1880 ), was passed. This would suspend, but not prohibit, Chinese immigration, while confirming the obligation of the United States to protect the rights of those immigrants already arrived. Despite the reciprocal protections that the Treaty afforded Chinese in the United States and Americans in China, the Treaty ultimately reinforced U.S. trade interests with China under

4290-552: The Chinese Exclusion Act , which is no longer in effect. There are conflicting opinions on the number of federal crimes, but many have argued that there has been explosive growth and it has become overwhelming. In 1982, the U.S. Department of Justice could not come up with a number, but estimated 3,000 crimes in the United States Code. In 1998, the American Bar Association said that it

4420-780: The Government Publishing Office (GPO). The OFR assembles annual volumes of the enacted laws and publishes them as the United States Statutes at Large . By law, the text of the Statutes at Large is "legal evidence" of the laws enacted by Congress. Slip laws are also competent evidence. The Statutes at Large , however, is not a convenient tool for legal research. It is arranged strictly in chronological order; statutes addressing related topics may be scattered across many volumes, and are not consolidated with later amendments. Statutes often repeal or amend earlier laws, and extensive cross-referencing

4550-730: The Immigration and Nationality Act of 1965 , which abolished the National Origins Formula . The Opium Wars (1839–1842; 1856–1860) fought between China and Great Britain, in addition to drought and floods, left many Chinese people destitute and sent many unemployed farmers to start new lives in the Americas. The first significant Chinese immigration to America began with the California gold rush of 1848–1855; it continued with subsequent large labor projects, such as

4680-400: The Naturalization Act of 1790 prohibited naturalization of non-white subjects. The Chinese Exclusion Act excluded Chinese laborers, meaning "skilled and unskilled laborers and Chinese employed in mining", from entering the country for ten years under penalty of imprisonment and deportation. The Chinese Exclusion Act required the few non-laborers who sought entry to obtain certification from

4810-462: The United States . It contains 53 titles, which are organized into numbered sections. The U.S. Code is published by the U.S. House of Representatives ' Office of the Law Revision Counsel . New editions are published every six years, with cumulative supplements issued each year. The official version of these laws appears in the United States Statutes at Large , a chronological, uncodified compilation. The official text of an Act of Congress

4940-579: The United States Code (published as Statutes at Large Volume 44, Part 1) includes cross-reference tables between the USC and two of these unofficial codes, United States Compiled Statutes Annotated by West Publishing Co. and Federal Statutes Annotated by Edward Thompson Co. During the 1920s, some members of Congress revived the codification project, resulting in the approval of the United States Code by Congress in 1926. The official version of

5070-449: The 16th century. As a part of the general effort to convince the Chinese to adopt a more Western approach to diplomacy and governance, the Western powers also encouraged the Qing government to send diplomatic missions abroad. Finally persuaded to do so, the Chinese requested that Burlingame accompany their representatives on a tour that included stops in the major capitals of Washington , London , Paris , and Berlin . Burlingame, originally

5200-626: The 1840's created a situation where different white ethnicities were being made out to be more or less desirable compared to Anglo-Saxons. In such a way the Celtic Irish in the east faced similar racialism at the hands of nativists , being categorized as 'dirty', 'drunken', and 'animalistic papists'. In this way, under Denis Kearney and the Workingman's Party, many Irish immigrants who had migrated westward sought to shore up their 'whiteness' and redirect stereotypes about themselves by stressing

5330-706: The American effort to change many aspects of the Burlingame Treaty , the US took advantage of China's weakened position on the international stage. China was dealing with various challenging situations, such as the French government establishing a protectorate over Vietnam, which was a tributary country to China for a long time. More importantly, it faced the Senkaku Islands dispute with Japan. Ex-President Ulysses S. Grant visited China in 1879, Viceroy Li Hongzhang , an important diplomat, told Grant that if

Chinese Exclusion Act - Misplaced Pages Continue

5460-653: The California State Senate authorized an investigation on the effects of Chinese immigration on the state's culture and economy, with the findings to be sent to 'leading newspapers of the United States' and 5 copies for each member of Congress. Furthering these measures was the sending of a delegation by the San Francisco Board of Supervisors to cities in the east to express anti-Chinese sentiment to crowds (and later newspapers). Members of this delegation Philip Roach and Frank Pixley talked about

5590-633: The Chinese Exclusion Act, including the American Federation of Labor and Knights of Labor , a labor union , who supported it because it believed that industrialists were using Chinese workers as a wedge to keep wages low. Among labor and leftist organizations, the Industrial Workers of the World were the sole exception to this pattern. The IWW openly opposed the Chinese Exclusion Act from its inception in 1905. The racial concerns

5720-636: The Chinese Exclusion Act. The Chinese Exclusion Act was repealed by the 1943 Magnuson Act when China had become an ally of the US against Japan in World War II , as the US needed to embody an image of fairness and justice. The Magnuson Act permitted Chinese nationals already residing in the country to become naturalized citizens and stop hiding from the threat of deportation. The act also allowed Chinese people to send remittances to people of Chinese descent living in mainland China, Macau, Hong Kong, and Taiwan and other countries or territories, especially if

5850-405: The Chinese consulate who tried unsuccessfully to obtain justice for the Chinese miners. At around the same time, other compensation reports were also unsuccessfully filed for earlier crimes inflicted on the Chinese. In the end, on October 19, 1888, Congress agreed to greatly under-compensate for the massacre and ignore the claims for the earlier crimes. Even though the amount was greatly underpaid, it

5980-510: The Chinese for their employment. White miners expressed their jealous frustration by robbing, bullying, shooting, and stabbing the Chinese in Chinatown. The Chinese tried to flee but many were burned alive in their homes, starved to death in hidden refuge, or exposed to carnivorous animal predators in the mountains. Some were rescued by a passing train, but by the end of the event at least twenty-eight lives had been taken. In an attempt to appease

6110-423: The Chinese government refused to accept US Senator Henry W. Blair as US Minister to China due to his abusive remarks regarding China during negotiations of the Chinese Exclusion Act. The American Christian George F. Pentecost spoke out against Western imperialism in China, saying: I personally feel convinced that it would be a good thing for America if the embargo on Chinese immigration were removed. I think that

6240-414: The Chinese government that they were qualified to emigrate. However, this group found it increasingly difficult to prove that they were not laborers because the 1882 Act defined excludables as "skilled and unskilled laborers and Chinese employed in mining". Thus very few Chinese could enter the country under the 1882 law. Diplomatic officials and other officers on business, along with their house servants, for

6370-399: The Chinese government were also allowed entry as long as they had the proper certification verifying their credentials. The Chinese Exclusion Act also affected the Chinese who had already settled in the United States. Any Chinese who left the United States had to obtain certifications for reentry, and the act made Chinese immigrants permanent aliens by excluding them from US citizenship. After

6500-483: The Chinese government, and that China was weak, meaning that even if they had violate the treaties, China would not invade or create major problems. Overall, this shows how the US used its foreign relations with China to achieve its own domestic objectives. Prior to the approval of the act, relations between China and the United States were generally positive. This was mainly because of the Burlingame Treaty,

6630-562: The Chinese, some Japanese were even able to climb the rungs of society by setting up businesses or becoming truck farmers. However, the Japanese were later targeted in the Immigration Act of 1924, which banned immigration from East Asia entirely. The Chinese Exclusion Act was a tool with an aim to, maintain cheap accessible labor while stopping the excess population of Chinese immigrants from taking jobs from white Americans. In 1891,

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6760-656: The Code from a private company. The two leading annotated versions are the United States Code Annotated , abbreviated as USCA, and the United States Code Service , abbreviated as USCS. The USCA is published by West (part of Thomson Reuters ), and USCS is published by LexisNexis (part of Reed Elsevier ), which purchased the publication from the Lawyers Co-operative Publishing Co. in 1997 as

6890-464: The Code is published by the LRC ( Office of the Law Revision Counsel ) as a series of paper volumes. The first edition of the Code was contained in a single bound volume; today, it spans several large volumes. Normally, a new edition of the Code is issued every six years, with annual cumulative supplements identifying the changes made by Congress since the last "main edition" was published. The official code

7020-588: The Code, "From 1897 to 1907 a commission was engaged in an effort to codify the great mass of accumulating legislation. The work of the commission involved an expenditure of over $ 300,000, but was never carried to completion." Only the Criminal Code of 1909 and the Judicial Code of 1911 were enacted. In the absence of a comprehensive official code, private publishers once again collected the more recent statutes into unofficial codes. The first edition of

7150-555: The Code, as well as updated secondary materials such as new court decisions on the subject. When an attorney is viewing an annotated code on an online service, such as Westlaw or LexisNexis, all the citations in the annotations are hyperlinked to the referenced court opinions and other documents. The Code is divided into 53 titles (listed below), which deal with broad, logically organized areas of legislation. Titles may optionally be divided into subtitles, parts, subparts, chapters, and subchapters. All titles have sections (represented by

7280-533: The Code. For example, when Americans refer to Title VII, they are usually referring to the seventh title of the Civil Rights Act of 1964 . That Act is actually codified in Title 42 of the United States Code , not Title 7 . The intermediate subdivisions between title and section are helpful for reading the Code (since Congress uses them to group together related sections), but they are not needed to cite

7410-470: The Exclusion Act drew justification from were along the lines of a perceived 'moral deficiency' of Chinese immigrants, this charge stipulated the inherent unreliability and dishonesty of the immigrants on behalf of their race. These assumptions of character were frequently assigned on behalf of the poor communities these immigrants lived in with higher density, higher crime, saloons and opium dens. This

7540-464: The Notes accompanying the "lead section" associated with the popular name, and in cross-reference tables that identify Code sections corresponding to particular Acts of Congress. Usually, the individual sections of a statute are incorporated into the Code exactly as enacted; however, sometimes editorial changes are made by the LRC (for instance, the phrase "the date of enactment of this Act" is replaced by

7670-628: The Reed Treaty of 1858, and later known as the Burlingame Treaty. The treaty: Chinese immigration to the United States was initially encouraged. Opposition in Congress to Chinese immigration led President Rutherford B. Hayes to authorize James Burrill Angell to renegotiate the treaty in 1880. On November 17, 1880, the renegotiated treaty, called the Treaty Regulating Immigration from China (and more informally as

7800-489: The San Francisco lawyer H. N. Clement stood before a California State Committee and said: "The Chinese are upon us. How can we get rid of them? The Chinese are coming. How can we stop them?". This perfectly reflected the overall feeling of many Americans at the time, and how public officials were partly responsible in making this situation seem even more serious than it actually was. In 1879, however, California adopted

7930-464: The Statutes at Large and the text of a provision of the United States Code that has not been enacted as positive law, the text of the Statutes at Large takes precedence. In contrast, if Congress enacts a particular title (or other component) of the Code into positive law, the enactment repeals all of the previous Acts of Congress from which that title of the Code derives; in their place, Congress gives

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8060-622: The Supreme Court ruled that § 92 was still valid law. A positive law title is a title that is itself a federal statute, that is to say that it is one that has been enacted and codified into law by the United States Congress . The title itself has been enacted. By contrast, a non-positive law title is a title that has not been codified into federal law, and is instead merely an editorial compilation of individually enacted federal statutes. By law, those titles of

8190-524: The US after leaving. Only teachers, students, government officials, tourists, and merchants were exempt. Constitutionality of the Chinese Exclusion Act and the Scott Act was upheld by the Supreme Court in Chae Chan Ping v. United States (1889); the Supreme Court declared that "the power of exclusion of foreigners [is] an incident of sovereignty belonging to the government of the United States as

8320-504: The US extended the law to Hawaii and the Philippines in 1902, this was greatly objected by the Chinese government and people, who viewed America as a bullish and imperial power who undermined China. The Chinese Exclusion Act had many impacts on Chinese women. As such, unique categories were created in the act to prevent their entry, so that the main way they immigrated was through marrying Chinese or native men. The interrogation

8450-467: The US government in their many workarounds of the Chinese Exclusion Act. The Chinese Exclusion Act significantly impacted single women. Married women had better chances of immigration due to their merchant husbands. However, for single women it was nearly impossible to immigrate. Often the presumption was if they were single Chinese women they were prostitutes or were to be sold into prostitution. Recruitment of foreign students to US colleges and universities

8580-406: The US helped China pressure the Japanese out of Senkaku Islands, he would make a concession on the Chinese immigration issue. This paved the way for the Angell Treaty of 1880 , which greatly diminished Chinese immigrants' rights and interests. The Angell Treaty opened the door for the complete prohibition of Chinese immigrants, as politicians realized that the immigrant question was not a priority for

8710-485: The United States Code that have not been enacted into positive law are " prima facie evidence" of the law in effect. The United States Statutes at Large remains the ultimate authority. If a dispute arises as to the accuracy or completeness of the codification of an unenacted title, the courts will turn to the language in the United States Statutes at Large. In case of a conflict between the text of

8840-523: The United States Statutes at Large should be codified, and which existing statutes are affected by amendments or repeals, or have simply expired by their own terms. The LRC updates the Code accordingly. Because of this codification approach, a single named statute (like the Taft–Hartley Act or the Embargo Act ) may or may not appear in a single place in the Code. Often, complex legislation bundles

8970-428: The United States and California in particular, violence often broke out in cities such as Los Angeles. The North Adams strike of 1870, broken by the replacement of all workers by 75 Chinese men was the trigger that sparked widespread working-class protest across the country, shaped legislative debate in Congress, and helped make Chinese immigration a sustained national issue. A very important part of Chinese Immigration

9100-564: The United States concluded the Burlingame–Seward Treaty in 1868 to expand upon the Treaty of Tianjin of 1858. The new treaty established some basic principles that aimed to ease immigration restrictions and represented a Chinese effort to limit foreign interference in internal Chinese affairs. On June 14, 1861, Lincoln appointed Anson Burlingame as minister to the Qing Empire . Burlingame was an experienced diplomat, having had

9230-532: The United States in March 1868. Burlingame used his personal relations with the Republican administration to negotiate a relatively quick and favorable treaty. In a series of speeches across the country, he displayed eloquent oratory to advocate equal treatment of China and a welcoming stance toward Chinese immigrants. On July 28, 1868, the mission concluded at Washington, D.C., a series of articles, supplementary to

9360-565: The United States to prevent the settlement of families, but continued to allow Chinese men and their labor. Key to the transformation of Chinese immigration from a Californian to a national question was the political climate in 1876. This year was an election year and was exceedingly close with both parties looking to the West Coast for aid in the coming election, it was through this that Californian politicians were able to project their concerns with Chinese immigration eastward into discourse in

9490-487: The United States, and therefore helped shape twentieth-century race-based immigration policy. Passage of the law was preceded by growing anti-Chinese sentiment and anti-Chinese violence, as well as various policies targeting Chinese migrants. The act followed the Angell Treaty of 1880 , a set of revisions to the US–China Burlingame Treaty of 1868 that allowed the US to suspend Chinese immigration . The act

9620-686: The XML was designed to be consistent with the Akoma Ntoso project (from the United Nations Department of Economic and Social Affairs ) XML schema, and the OASIS LegalDocML technical committee standard will be based upon Akoma Ntoso. A number of other online versions are freely available, such as Cornell 's Legal Information Institute . Practicing lawyers who can afford them almost always use an annotated version of

9750-422: The act's passage, Chinese men in the US had little chance of ever reuniting with their wives, or of starting families in their new abodes. Amendments made in 1884 tightened the provisions that allowed previous immigrants to leave and return and clarified that the law applied to ethnic Chinese regardless of their country of origin. The 1888 Scott Act expanded upon the Chinese Exclusion Act, prohibiting reentry into

9880-500: The actual date). Though authorized by statute, these changes do not constitute positive law . The authority for the material in the United States Code comes from its enactment through the legislative process and not from its presentation in the Code. For example, the United States Code omitted 12 U.S.C.   § 92 for decades, apparently because it was thought to have been repealed. In its 1993 ruling in U.S. National Bank of Oregon v. Independent Insurance Agents of America ,

10010-471: The actual text of the United States Statutes at Large ; the series is now published by the Michie Company after Bancroft-Whitney parent Thomson Corporation divested the title as a condition of acquiring West . Only "general and permanent" laws are codified in the United States Code; the Code does not usually include provisions that apply only to a limited number of people (a private law ) or for

10140-535: The annual admission of 100,000 into this country would be a good thing for the country. And if the same thing were done in the Philippines those islands would be a veritable Garden of Eden in twenty-five years. The presence of Chinese workmen in this country would, in my opinion, do a very great deal toward solving our labor problems. There is no comparison between the Chinaman, even of the lowest coolie class, and

10270-603: The anti-Chinese sentiment generated through the Chinese Exclusion Act their community was in danger. An issue with the Chinese Exclusion act is that it established 'gatekeeping ideologies' within the US. Demonstrated through the act's mythological approach to restrict, exclude, and deport those believed to be 'undesirable'. The qualities associated with being 'undesirable' were categorized through individuals' race, gender, and class. Purposely excluding those who worked to build America, contribute to their economy, and build

10400-504: The building of the first transcontinental railroad . During the early stages of the gold rush, when surface gold was plentiful, the Chinese were tolerated by white people, if not well received. However, as gold became harder to find and competition increased, animosity toward the Chinese and other foreigners increased. After being forcibly driven from mining by a mixture of state legislators and other miners (the Foreign Miner's Tax ),

10530-518: The capital. Before 1876, Californian legislators had made various attempts to restrict Chinese immigration by targeting Chinese businesses, living spaces and the ships immigrants arrived on by way of ordinances and resultant fines, but such legislation was deemed unconstitutional through its violation of either the Burlingame Treaty, the Fourteenth Amendment , or the Civil Rights Act of 1866 . In light of such failures, It became clear that

10660-589: The country (whose concerns with the benefits or ill of Chinese-labour were second to winning votes) were compelled to advocacy for anti-Chinese sentiment. Numerous strikes followed the Adams strike, notably Beaver Falls Cutlery Company in Pennsylvania and others After the economy soured in the Panic of 1873 , Chinese immigrants were blamed for depressing workmen's wages. At one point, Chinese men represented nearly

10790-555: The country to provide proof that they were not trying to bypass regulations. Laws and regulations that stemmed from the act made for less than ideal situations for Chinese students, leading to criticisms of American society. Policies and attitudes toward Chinese Americans in the US worked against foreign policy interests by limiting the ability of the US to participate in international education initiatives. The departure of many skilled and unskilled Chinese workers led to an across-the-board decline. Mines and manufacturers in California, where

10920-448: The danger by limiting their social and geographic mobility, and "defending" America through expulsion became the foundation of America's "gatekeeping" ideology. The Immigration Act of 1924 placed quotas on all nationalities apart from Northwestern Europe, this could be seen as building off the gatekeeping ideology established with the Chinese Exclusion Act. Public perceptions of many immigrant groups such as Southern and Eastern Europeans in

11050-522: The economic threat Chinese 'coolie' labor posed, but also on the perceived racial incompatibility and inferiority of Chinese immigrants, driving up fears and anxieties in other states. These remarks also found their way to senate hearings, such an example can be seen on May 1: Republican Aaron A. Sargent , the senior senator for California, addressed the senate with a vicious attack on Chinese immigration before they voted on treaty negotiations with China. The result of these efforts, among others, culminated in

11180-729: The funding is not tied to criminal activity. However, the Magnuson Act only allowed a national quota of 105 Chinese immigrants per year and did not repeal the restrictions on immigration from the other Asian countries. The crackdown on Chinese immigrants reached a new level in its last decade, from 1956 to 1965, with the Chinese Confession Program launched by the Immigration and Naturalization Service , that encouraged Chinese who had committed immigration fraud to confess, so as to be eligible for some leniency in treatment. Large-scale Chinese immigration did not occur until

11310-401: The heavy anti-Chinese sentiment in California, Californian anti-Chinese legislators could influence political parties into adopting an anti-Chinese immigration rhetoric. This influence was conducted in a manner of ways; Firstly, throughout the spring many well-publicized anti-Chinese demonstrations were held, such as in San Francisco on April 5 which saw 20,000 people attend. Secondly, on April 3,

11440-638: The immigrant Chinese began to settle in enclaves in cities, mainly San Francisco, and took up low-wage labor, such as restaurant and laundry work. With the post-Civil War economy in decline by the 1870s, the anti-Chinese animosity became politicized by labor leader Denis Kearney and his Workingman's Party as well as by California governor John Bigler , both of whom blamed " coolie labor" for depressed wage levels. In addition to economic pressures, US cultural products had long promoted racist views of Chinese people. Public opinion and law in California began to demonize Chinese workers and immigrants in any role, with

11570-471: The increasing anti-Chinese sentiment and violence in the United States , particularly in the western states; in fact, industrialists and politicians often promoted anti-Chinese activities. A new treaty signed in 1880 revised the Burlingame–Seward agreement, and the Chinese Exclusion Act of 1882 abrogated its free immigration clauses altogether. [REDACTED]  This article incorporates text from

11700-416: The issue had to be solved by the federal government . For Californian politicians advocating against Chinese immigration, therefore, the close political competition in 1876 provided a good opportunity to propel their cause from a state issue to a national issue. The idea was that the desire for West Coast votes would compel the political parties to adopt policies to appeal to Californian voters, by making known

11830-420: The late 19th and early 20th century had become one of "undesirability" when compared to those with Anglo-Saxon heritage, this was due largely to popular nativity attitudes and accepted racialism. In this way, the restriction of these groups by 1924 compared to their Northwestern "desirable" counterparts could be seen to be carrying on the discrimination by perceived racial inferiority of immigrants that started with

11960-573: The latter half of the 1800s seeing a series of ever more restrictive laws being placed on Chinese labor, behavior and even living conditions. While many of these legislative efforts were quickly overturned by the State Supreme Court , many more anti-Chinese laws continued to be passed in both California and nationally. In the early 1850s, there was resistance to the idea of excluding Chinese migrant workers, since they provided essential tax revenue. The Xianfeng Emperor , who ruled China at

12090-520: The law did not prevent the children of Chinese immigrants born in the United States from acquiring birthright citizenship . The law remained in force until the passage of the Magnuson Act in 1943, which repealed the exclusion and allowed 105 Chinese immigrants to enter the United States each year. Chinese immigration later increased with the passage of the Immigration and Nationality Act of 1952 , which abolished direct racial barriers, and later by

12220-477: The laws in effect as of December 1, 1873. Congress re-enacted a corrected version in 1878. The 1874 version of the Revised Statutes were enacted as positive law, but the 1878 version was not and subsequent enactments of Congress were not incorporated into the official code, so that over time researchers once again had to delve through many volumes of the Statutes at Large . According to the preface to

12350-687: The lead on this because of the maritime nature. In the 1900s the Office of the Superintendent of Immigration was established by the Department of the Treasury and given responsibility for implementing federal regulations mandated by the Chinese exclusion laws. This organization is now known as the Immigration and Naturalization Service (INS). The act exempted merchants, and restaurant owners could apply for merchant visas beginning in 1915 after

12480-528: The majority of Chinese immigrants resided, closed and wages did not climb as anticipated. Furthering this, the value of agricultural produce declined due to falling demand reflective of the diminished population. Joaquin Miller remarked in 1901 that since the Chinese departure, property value in Californian cities had remained at a standstill and capital investment had been hesitant. The Chinese Exclusion Act

12610-428: The man who comes here from Southeastern Europe, from Russia, or from Southern Italy. The Chinese are thoroughly good workers. That is why the laborers here hate them. I think, too, that the emigration to America would help the Chinese. At least he would come into contact with some real Christian people in America. The Chinaman lives in squalor because he is poor. If he had some prosperity his squalor would cease. Following

12740-405: The middle of the twentieth century, Chinese immigrants were forced to live a life separated from their families, and to build ethnic enclaves in which they could survive on their own ( Chinatown ). The Chinese Exclusion Act did not address the problems that whites were facing; in fact, the Chinese were quickly and eagerly replaced by the Japanese, who assumed the role of the Chinese in society. Unlike

12870-531: The most prolific of these students was Tsou Tang , who would go on to become the leading expert on China and Sino-American relations during the Cold War. Although the Chinese Exclusion Act was repealed in 1943, the law in California prohibiting non-whites from marrying whites was not struck down until 1948, in which the California Supreme Court ruled the ban of interracial marriage within

13000-463: The order of subdivision runs: Title – Subtitle – Chapter – Subchapter – Part – Subpart – Section – Subsection – Paragraph – Subparagraph – Clause – Subclause – Item – Subitem. The "Section" division is the core organizational component of the Code, and the "Title" division is always the largest division of the Code. Which intermediate levels between Title and Section appear, if any, varies from Title to Title. For example, in Title 38 (Veteran's Benefits),

13130-432: The order runs Title – Part – Chapter – Subchapter – Section. The word "title" in this context is roughly akin to a printed "volume", although many of the larger titles span multiple volumes. Similarly, no particular size or length is associated with other subdivisions; a section might run several pages in print, or just a sentence or two. Some subdivisions within particular titles acquire meaning of their own; for example, it

13260-455: The other country. All of these articles served to reinforce the principle of equality between the two nations. The final article of the Burlingame–Seward Treaty offered China some protection from external influence in internal matters. In this article, the U.S. recognized that the decision to begin new construction projects or similar improvements belonged in the hands of the local government, not foreign powers or their representatives. This point

13390-489: The overwhelming support of anti-Chinese policies by both political parties observed in their respective conventions in June. It is for these reasons then that the election year of 1876 was instrumental in changing the question of Chinese immigration from a state to a national question; The competitive political atmosphere allowed a calculated political attempt to nationalize California's Immigration grievances, as such leaders across

13520-782: The passage of the Immigration and Nationality Act of 1965 . The first Chinese immigrants who entered the United States under the Magnuson Act were college students who sought to escape the warfare in China during World War II and study in the US. The establishment of the People's Republic of China and its entry into the Korean War against the US, however, created a new threat in the minds of some American politicians: American-educated Chinese students bringing American knowledge back to "Red China". Many Chinese college students were almost forcibly naturalized, even though they continued to face significant prejudice, discrimination, and bullying. One of

13650-647: The passing of the Chinese Exclusion Act, a period known as the "Driving Out" era was born. In this period, anti-Chinese Americans physically forced Chinese communities to flee to other areas. Large scale violence in Western states included the Rock Springs massacre (1885) and the Hells Canyon massacre (1887). The massacre was named for the town where it took place, Rock Springs, Wyoming , in Sweetwater County , where white miners were jealous of

13780-404: The principle of the most-favored-nation concept, and it ensured a steady flow of low-cost Chinese immigrant labor for U.S. firms. For these reasons, American industrial leaders initially celebrated the Treaty as a major advancement for American commercial interests. However, the success of the treaty was short-lived. By the late 1870s, U.S. industrial leaders and politicians could no longer ignore

13910-418: The processing center for most of the 56,113 Chinese immigrants who are recorded as immigrating or returning from China; upwards of 30% more who arrived there were returned to China. The Chinese population in the US declined from approximately 105,000 in 1880, to 89,000 in 1900, and to 61,000 in 1920. Certain federal agencies were active in the 19th century to enforce the Exclusion Act. The Customs Service took

14040-452: The right of China to appoint consuls to American port cities. The more groundbreaking articles included measures that promised the Chinese the right to free immigration and travel within the United States and allowed for the protection of Chinese citizens in the United States in accordance with the most-favored-nation principle . Another article gave the citizens of the two nations reciprocal access to education and schooling when living in

14170-447: The site. The miners were employed by the Sam Yup company, one of the six largest Chinese companies at the time, which worked in this area since October 1886. The actual events are still unclear due to unreliable law enforcement at the time, biased news reporting, and lack of serious official investigations. However, it is speculated that the dead Chinese miners were not victims of natural causes, but rather victims of gun shot wounds during

14300-576: The situation, the government intervened by sending federal troops to protect the Chinese. However, only compensations for destroyed property were paid. No one was arrested nor held accountable for the atrocities committed during the riot. The massacre was named for the location where it took place, along the Snake River in Hells Canyon near the mouth of Deep Creek. The area contained many rocky cliffs and white rapids that together posed significant danger to human safety. 34 Chinese miners were killed at

14430-536: The state unconstitutional in Perez v. Sharp . Some other states had such laws until 1967, when the US Supreme Court unanimously ruled in Loving v. Virginia that anti-miscegenation laws across the nation are unconstitutional. United States Code The United States Code (formally the Code of Laws of the United States of America ) is the official codification of the general and permanent federal statutes of

14560-551: The task. The Code generally contains only those Acts of Congress, or statutes, designated as public laws. The Code itself does not include Executive Orders or other executive-branch documents related to the statutes, or rules promulgated by the courts. However, such related material is sometimes contained in notes to relevant statutory sections or in appendices. The Code does not include statutes designated at enactment as private laws, nor statutes that are considered temporary in nature, such as appropriations. These laws are included in

14690-481: The time, supported the exclusion because he was concerned that Chinese immigration to America would lead to a loss of labor for China. But toward the end of the decade, the financial situation improved and state level exclusion laws were passed. In 1858, the California Legislature passed a law that made it illegal for any person "of the Chinese or Mongolian races" to enter the state; however, this law

14820-424: The title of the Code itself the force of law. This process makes that title of the United States Code "legal evidence" of the law in force. Where a title has been enacted into positive law, a court may neither permit nor require proof of the underlying original Acts of Congress. The distinction between enacted and unenacted titles is largely academic because the Code is nearly always accurate. The United States Code

14950-543: The treaty, for example, President Rutherford B. Hayes vetoed bills that contrasted the Burlingame Treaty. As tensions grew domestically in the US however, Hayes began a revision of the Treaty and China agreed to limit immigration to the US However, once discussions began to enforce the Chinese Exclusion Act, and the law was then passed, "the Chinese Government considered this a direct insult". Furthermore, when

15080-568: The undesirability of the Chinese, non-white immigrants. For all practical purposes, the Chinese Exclusion Act, along with the restrictions that followed it, froze the Chinese community in place in 1882. Limited immigration from China continued until the repeal of the act in 1943. From 1910 to 1940, the Angel Island Immigration Station on what is now Angel Island State Park in San Francisco Bay served as

15210-405: The veto, but passed a new bill reducing the immigration ban to ten years. The House of Representatives voted 201–37, with 51 abstentions, to pass the act. Although he still objected to this denial of entry to Chinese laborers, President Arthur acceded to the compromise measure, signing the Chinese Exclusion Act into law on May 6, 1882. After the act was passed, most Chinese workers were faced with

15340-530: The year of last enactment. The Office of Law Revision Counsel (LRC) has produced draft text for three additional titles of federal law. The subject matter of these proposed titles exists today in one or several existing titles. The LRC announced an "editorial reclassification" of the federal laws governing voting and elections that went into effect on September 1, 2014. This reclassification involved moving various laws previously classified in Titles 2 and 42 into

15470-451: Was an important component in the expansion of American influence. International education programs allowed students to learn from the examples provided at elite universities and to bring their newfound skill sets back to their home countries. As such, international education has historically been seen as a vehicle for improving diplomatic relations and promoting trade. However, the Chinese Exclusion Act forced Chinese students attempting to enter

15600-469: Was initially intended to last for 10 years, but was renewed and strengthened in 1892 with the Geary Act and made permanent in 1902. These laws attempted to stop all Chinese immigration into the United States for ten years, with exceptions for diplomats, teachers, students, merchants, and travelers. The laws were widely evaded. In 1898, the Supreme Court ruled in United States v. Wong Kim Ark that

15730-424: Was intended to safeguard against undue U.S. involvement in Chinese domestic affairs. On November 16, 1867, Burlingame was appointed envoy extraordinary and minister plenipotentiary to head a Chinese diplomatic mission to the United States and the principal European nations. The mission, which included two Chinese ministers, two Western secretaries , six students from Peking , and a considerable retinue, arrived in

15860-527: Was last printed in 2018. Both the LRC and the GPO offer electronic versions of the Code to the public. The LRC electronic version used to be as much as 18 months behind current legislation, but as of 2014 it is one of the most current versions available online. The United States Code is available from the LRC at uscode.house.gov in both HTML and XML bulk formats. The "United States Legislative Markup" (USLM) schema of

15990-638: Was likely much higher than 3,000, but did not give a specific estimate. In 2008, the Heritage Foundation published a report that put the number at a minimum of 4,450. When staff for a task force of the U.S. House Judiciary Committee asked the Congressional Research Service (CRS) to update its 2008 calculation of criminal offenses in the USC in 2013, the CRS responded that they lack the manpower and resources to accomplish

16120-672: Was similar to male workers, except they had specific questions regarding bound feet in the early period: women with feet that had been bound tended to be from wealthy families, unbound feet were a sign of being from a low class and so were seen as less desirable by US border officers. Many women were forced to find alternative immigration methods to be able to reunify with loved ones after the Chinese Exclusion Act. Women would marry or even re-marry their partners in Canada so that they were approved for immigration to join their merchant husbands in America. These women navigated and successfully overcame

16250-412: Was still a small victory to the Chinese who had low expectations for relief or acknowledgement. The Chinese Exclusion Act created fear and violence within Chinese communities as a result of immigration raids made legal through the Chinese Exclusion Act. During these raids they were at risk of being questioned, detained, or physically or verbally assaulted. Targeting the Chinese was a day-to-day risk due to

16380-499: Was struck down by the State Supreme Court in 1862. The Chinese immigrant workers provided cheap labor and did not use government schools, hospitals, and such because the Chinese migrant population was predominantly healthy male adults. January 1868, the Senate ratified the Burlingame Treaty with China, allowing an unrestricted flow of Chinese into the country. As time passed and more and more Chinese migrants arrived in

16510-531: Was the backbreaking work being done on railroads across the United States. Chinese immigrants took on the jobs so brutal, no white Americans were willing to do them. Leland Stanford founder of the Central Pacific Railroad and Stanford University told Congress that the majority of railroad workers were Chinese, and that it would be impossible to complete westward expansion without them. The Page Act of 1875 banned Chinese women from entering

16640-435: Was the first legislation that prohibited entry to an immigrant based on race and class. In this way, it facilitated further restriction by both being the model by which future groups could be radicalized as unassimilable aliens, and by also marking a moment where such discrimination could be justifiable. The Chinese Exclusion Act's method of "radicalizing" the Chinese as a threat to America's values and working class, "containing"

16770-410: Was then made permanent in 1902 which led to every Chinese American ordered to gain a certificate of residence from the US government or face deportation. This act regulated Chinese immigration into the 20th century. The Act was the first US immigration law to target a specific ethnicity or nationality. The earlier Page Act of 1875 had prohibited immigration of Asian forced laborers and sex workers, and

16900-495: Was thus barred despite the fact that the district court found that he was an American citizen. The Supreme Court determined that refusing entry at a port does not require due process and is legally equivalent to refusing entry at a land crossing. All these developments, along with the extension of the act in 1902, triggered a boycott of US goods in China between 1904 and 1906. There was one 1885 case in San Francisco, however, in which Treasury Department officials in Washington overturned

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