Читать книгу America, Through the Spectacles of an Oriental Diplomat - Tingfang Wu - Страница 13

Table of Contents

"Chinese subjects, whether proceeding to the United States as teachers, students, merchants, or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exceptions which are accorded to the citizens and subjects of the most favored nations."

It would seem reasonable to expect that in yielding so fully to the wishes of the United States in this second negotiation the Chinese Government would not be called upon to make any further concessions in the interests or at the demand of the labor unions on the Pacific coast, but in this China was disappointed. Within a period of less than ten years an urgent application was made by the American Secretary of State for a new treaty amended so as to enable the Congress of the United States to still further restrict the privileges of Chinese laborers who had come to the United States. And when the Chinese Government hesitated to consent to the withdrawal of rights which the United States granted to the subjects of other Governments, Congress passed the Scott Act of 1888 prohibiting any Chinese person from entering the United States except Chinese officials, teachers, students, merchants or travellers for pleasure or curiosity and forbidding also Chinese laborers in the United States, after having left, from returning thereto. This, in the words of Hon. J. W. Foster, ex-Secretary of State and a distinguished international lawyer, "was a deliberate violation of the Treaty of 1880 and was so declared by the Supreme Court of the United States." In order to save the Executive of the United States from embarrassment, the Chinese Government, contrary to its own sense of justice, and of international comity, for a third time yielded to the wishes of the United States, and concluded the amended treaty of 1894 which gave Congress additional power of legislation respecting Chinese laborers. By Article I of this treaty it was agreed that for a term of ten years the coming of Chinese laborers to the United States should be absolutely prohibited. Article III distinctly provided that "the provisions of this convention shall not affect the right at present enjoyed of Chinese subjects, being officials, teachers, students, merchants, or travellers for curiosity or pleasure, but not laborers, of coming to the United States and residing therein." Thus it is clear that the prohibition affects only laborers, and not the other classes of Chinese. For a few years after the signing of this convention this was the view adopted and acted upon by the immigration officials, but afterward they changed their attitude, and the foregoing Article has since been interpreted to mean that only the above-mentioned five classes can be admitted into the United States, and that all the other classes of Chinese, however respectable and honorable, must be refused admission. Will my readers believe that a Chinese banker, physician, lawyer, broker, commercial agent, scholar or professor could all be barred out of the United States of America under the provisions of this convention? In the face of the plain language of the text it seems too absurd and unreasonable to be contemplated, and yet it is a fact.

This convention was proclaimed in December, 1894. According to its provisions, it was to remain in force only for a period of ten years, but that if six months before the end of that period neither Power should give notice of denunciation it should be extended for a similar period. Such notice was, however, given by China to the United States and accordingly the convention expired in December, 1904, and is now no longer in force. No serious attempt has since been made by the United States Government to negotiate a new treaty regarding Chinese laborers, so the customs and immigration officials continue to prohibit Chinese laborers from coming to America by virtue of the law passed by Congress. It will be seen that by the treaty of 1868, known as the "Burlingame Treaty", the United States Government formally agreed that Chinese subjects, visiting or residing in the United States, should enjoy the same privileges and immunities as were enjoyed by the citizens or subjects of the most favored nation; that being so, and as the convention of 1894 has expired, according to the legal opinion of Mr. John W. Foster, and other eminent lawyers, the continuation of the exclusion of Chinese laborers and the restrictions placed upon Chinese merchants and others seeking admission to the United States are not only without international authority but in violation of treaty stipulations.

The enforcement of the exclusion laws against Chinese in the Hawaiian and Philippine Islands is still more inexcusable. The complaint in America against the immigration of Chinese laborers was that such immigration was detrimental to white labor, but in those Islands there has been no such complaint; on the contrary the enforcement of the law against the Chinese in Hawaii has been, and is, contrary to the unanimous wish of the local Government and the people. Free intercourse and immigration between those Islands and China have been maintained for centuries. What is most objectionable and unfair is that the Chinese should be singled out for discrimination, while all other Asiatics such as Japanese, Siamese, and Malays are allowed to enter America and her colonies without restraint. It is my belief that the gross injustice that has been inflicted upon the Chinese people by the harsh working of the exclusion law is not known to the large majority of the American people, for I am sure they would not allow the continuation of such hardships to be suffered by those who are their sincere friends. China does not wish special treatment, she only asks that her people shall be treated in the same way as the citizens or subjects of other countries. Will the great American nation still refuse to consent to this?

To solve the problem of immigration in a manner that would be satisfactory to all parties is not an easy task, as so many conflicting interests are involved. But it is not impossible. If persons interested in this question be really desirous of seeing it settled and are willing to listen to reasonable proposals, I believe that a way may be found for its solution. There is good reason for my optimistic opinion. Even the Labor Unions, unless I am mistaken, would welcome an amicable settlement of this complicated question. In 1902, while at Washington, I was agreeably surprised to receive a deputation of the leaders of the Central Labor Union of Binghamton, New York, inviting me to pay a visit there and to deliver an address. As I did not wish to disappoint them I accepted their invitation. During my short stay there, I was very cordially and warmly received, and most kindly treated not only by the local authorities and inhabitants, but by the members of the Labor Union and the working men also. I found that the Union leaders and the working men were most reasonable, their platform being, as far as I could learn, to have no cheap labor competition but not necessarily discrimination against any race. If the United States Government would appoint a commission composed of members representing the Labor Unions, manufacturers and merchants, to treat with a similar commission nominated by the Chinese Government, the whole question in all its bearings could be discussed, and I feel certain that after free and candid exchange of views, the joint Commissioners would be able to arrive at a scheme which would put at rest once for all the conflicting claims, and settle the matter satisfactorily to both China and the United States.