CHAPTER NINE

The Chinese Exclusion Act

In February 1881, a furious debate raged in the United States Congress when California senator John F. Miller, known for anti-Chinese sentiments, introduced a bill to bar Chinese immigration for the next twenty years. His arguments, intended to damn the Chinese with scorn and disgust, today read like a reluctant paean to the Chinese work ethic, conceding the substantial contributions the Chinese had already made to the building of the American West. Comparing the Chinese immigrants to “inhabitants of another planet,” Miller argued that they were “machine-like ... of obtuse nerve, but little affected by heat or cold, wiry, sinewy, with muscles of iron; they are automatic engines of flesh and blood; they are patient, stolid, unemotional ... [and] herd together like beasts.”

According to Miller, America belonged to white people and white people only. His vision of America was a land “resonant with the sweet voices of flaxen-haired children.” Pleading with his colleagues to preserve “American Anglo-Saxon civilization without contamination or adulteration ... [from] the gangrene of oriental civilization,” Miller asserted that group discrimination on the basis of ancestry was natural and sensible. “Why not discriminate? Why aid in the increase and distribution over ... our domain of a degraded and inferior race, and the progenitors of an inferior sort of men?”

Many of Miller’s colleagues wholeheartedly agreed with him, but one senator from Massachusetts rose above the passion of the moment and tried to remind his colleagues of the larger issues involved. George Frisbie Hoar, a progressive-minded leader who had opposed slavery and championed the civil rights of workers, believed that excluding people on the basis of race rather than conduct made a mockery of the high ideals set forth in our own Declaration of Independence. Denouncing racism as “the last of human delusions to be overcome,” a force that “left its hideous and ineradicable stains in our history,” Hoar blasted the hypocrisy of America’s race-baiting politicians: “We go boasting of our democracy, and our superiority, and our strength,” he said. “The flag bears the stars of hope to all nations. A hundred thousand Chinese land in California and everything is changed ... The self-evident truth becomes a self-evident lie.”

Few agreed with Hoar, either in Congress or across the nation. His speech provoked condemnation from both the press and the political establishment. “It is idle to reason with stupidity like this,” the New York Times proclaimed. The New York Tribune put Hoar in the class of “humanitarian half thinkers.” Legislators from western states pointed out that many of the signers of the Declaration of Independence had owned slaves, and one Colorado lawmaker insisted that 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.”

Despite popular support for the bill, President Chester Arthur vetoed it. He claimed the twenty-year ban was too long, but it seems clear that he feared the Qing government might respond to such a law by shutting Chinese ports to American trade. In a speech no doubt intended to fortify diplomatic relations with China, Arthur praised the contributions of the Chinese émigré workers in building the transcontinental railroad as well as in developing industry and agriculture, and he argued the bill’s potentially adverse economic consequences. “Experience has shown that the trade of the East is the key to national wealth and influence,” he said. “It needs no argument to show that the policy which we now propose to adopt must have a direct tendency to repel oriental nations from us and to drive their trade and commerce into more friendly lands.”

The public swiftly retaliated against Arthur. Across the West the president was hanged in effigy, his image burned by furious mobs. Representative Horace Page, another Republican from California known for his anti-Chinese attitudes, immediately introduced a compromise bill that shortened the ban from twenty to ten years. In addition, under Page’s bill Chinese laborers would be barred, but select groups of Chinese—merchants, teachers, students, and their household servants—would be permitted to enter the country.

Page’s bill passed both houses of Congress. This time, President Arthur, doubtless fully sensitive to the response after his previous veto, did not oppose it. On May 6, 1882, he signed into law the Chinese Exclusion Act. Thus was enacted, as one scholar has put it, “one of the most infamous and tragic statutes in American history,” one that would “frame the immigration debate in the years that followed and [result in] greater and greater restrictions on foreigners seeking refuge and freedom in the United States.”

Far from appeasing the fanatics, the new restrictions inflamed them. Having succeeded in barring the majority of new Chinese immigrants from American shores, the anti-Chinese bloc began a campaign to expel the remaining Chinese from the United States. During a period of terror now known as “the Driving Out,” several Chinese communities in the West were subjected to a level of violence that approached genocide.

For example, on September 28, 1885, delegates at a mass anti-Chinese rally in Seattle issued a manifesto to force all Chinese out of the Washington Territory by November 1. To warn the Chinese of the impending deadline, they formed two committees to deliver the message from house to house in the cities of Tacoma and Seattle. By the end of October, most Chinese laborers had left town, but many merchants, unwilling to abandon their goods, remained.

On the morning of November 3, 1885, hundreds of white men held good on their promise in a giant raid against the Tacoma Chinatown. They kicked down doors, dragged the occupants outside, and herded six hundred Chinese to the Northern Pacific Railroad train station during a heavy rainstorm, where they kept them without shelter for the night. As a result, two men died from exposure and one merchant’s wife went insane; the rest were rescued by the railroad, which transported them safely to Portland.

The secretary of war dispatched troops to Seattle, preventing, temporarily at least, another anti-Chinese pogrom. But it is difficult to assess which posed the greater threat to the Chinese, the mob or the troops. Some soldiers decided to collect a “special tax” from the residents of Chinatown, seizing cash from the people they were sent to protect. Others joined in mob activities, beating up several Chinese, cutting off one man’s queue, pushing another down a flight of stairs, throwing still another into a bay.

The following February, months after the troops had left, white rioters in Seattle once again violently ousted the remaining Chinese from their homes. They dragged the Chinese from their beds, ordered them to pack, and marched them to a steamer bound for San Francisco. Even without an angry mob at their heels, most Chinese were anxious to leave town, but they lacked the funds to purchase steamship tickets. Some eighty Chinese who had the cash to pay for passage embarked immediately, while the rest, at least three hundred people, were left shivering on the docks, thronged by a crowd determined to prevent them from returning to their homes. The governor, Watson C. Squire, issued a proclamation ordering the mob to disperse, and volunteers were sworn in as policemen to protect the refugees from physical injury. When the Home Guard escorted the Chinese back to their old neighborhoods, a mob of two thousand rioters attacked them, resulting in gunfire that left one rioter dead and four wounded. After this fracas, President Grover Cleveland declared martial law and dispatched federal troops to Seattle.

In 1885, far worse occurred in a mining community in Rock Springs, Wyoming. The end of the silver boom had created a labor excess in the area, and white miners, unable to compete with the low wages the Chinese accepted, conspired to drive out their competition. Arming themselves with knives, clubs, hatchets, and guns, they headed for the local Chinatown, robbing and shooting the Chinese they met along the way. Once they reached Chinatown, they ordered the residents to leave within one hour. The Chinese quickly packed their belongings, but the white mob grew impatient and began torching shacks, shooting many of those who ran out to escape the fire and smoke. Some of the residents were forced back into the inferno, where they burned to death. Those who managed to escape hid in the mountains, where, exhausted from lack of sleep and food, some died from exposure or were eaten by wolves. Hundreds of stragglers were rescued by passing trains. In the end, the massacre claimed at least twenty-eight lives, and local authorities, unable to quell the riot, called in federal troops to protect the Chinese.

Outraged Chinese diplomats demanded proper action from the United States government, but Thomas Francis Bayard, the U.S. secretary of state, explained that Washington was not responsible for crimes committed in a territory. Later, the American government grudgingly paid $147,000 in indemnities to the Chinese for destroyed property, but failed to bring any of the murderers to justice. During this era, it should be noted, even Chinese diplomats were not safe from violence. In New York in 1880, Chen Lanbing, the Chinese minister to the United States (a position then equivalent to ambassador), was “pelted with stones and hooted at by young ruffians,” according to the New York Times. The police stood by and laughed.

Then, in the Snake River Massacre of 1887, which the historian David Stratton calls “one of the worst, yet least known, instances of violence against Chinese,” thirty-one Chinese miners in Hell’s Canyon, Oregon, were robbed, killed, and mutilated by a group of white ranchers and schoolboys intent on stealing their gold and cleansing the region of their presence. A federal official who investigated the crime called it “the most cold-blooded, cowardly treachery I have ever heard tell of on this coast, and I am a California 49er. Every one of them was shot, cut up, stripped, and thrown into the river.” Apparently some body parts were kept as souvenirs; according to Stratton, “a Chinese skull fashioned into a sugar bowl graced the kitchen table of one ranch home for many years.” After the state identified the murderers, only three were brought to trial—and all three were acquitted. A white rancher later commented, “I guess if they had killed thirty-one white men something would have been done about it, but none of the jury knew the Chinamen or knew much about it, so they turned the men loose.”

Yet perhaps the most hurtful cut was still to come. These episodes of physical violence by local citizenry were followed by federal legislation that further restricted the lives of the Chinese.

Initially, the Exclusion Act had restricted only new Chinese immigration. But two years later, in 1884, Congress amended the act, now permitting only those Chinese laborers who had lived in the United States before November 1880—the date of the last treaty signed with China—the right to travel freely between the two countries. A special certificate was issued promising the émigré that should he leave, he would be guaranteed the right to return. So for those laborers who had arrived before this date, travel out of the country was still an option. But then in 1888, only a few years after amending the Chinese Exclusion Act, Congress broke the promise the United States had made to the earlier-arriving group by passing the Scott Act, which canceled all certificates granting Chinese laborers their right of reentry. Twenty thousand Chinese who had the misfortune to be out of the country when the legislation was enacted were unable to return, despite the previous guarantee from the United States government and the fact that many owned property and businesses here and had families here as well. At the very moment the law went into effect, some six hundred Chinese were on their way back to the United States with government-issued certificates granting them the right of reentry, yet they were not allowed to disembark.

The Chinese minister in Washington strongly protested the Scott Act with the U.S. State Department, which ignored him. As for the discriminatory intent of the act, President Cleveland made it clear that this was its purpose: the experiment of mixing the Chinese with American society had, he noted, proved “unwise, impolitic, and injurious.” If the Chinese had any money owed to them in the United States, he added, they could collect it in the American courts, where “it could not be alleged that there exists the slightest discrimination against Chinese subjects.”

Was Cleveland being disingenuous? Chinese émigrés immediately challenged the Scott Act in federal court. In Chae Chan Ping v. United States, a laborer (Chae Chan Ping) who had lived in San Francisco since 1875 and had obtained a legitimate return certificate before departing for China in 1887, was denied permission to disembark upon his return to California on October 7,1888. His case went all the way up to the Supreme Court, which upheld the Scott Act, ruling that as the United States “considers the presence of foreigners of a different race in this country, who will not assimilate with us, to be dangerous to its peace and security, their exclusion is not to be stayed.” Continuing in this vein, the highest court in the land labeled Chinese immigrants a people “residing apart by themselves, and adhering to the customs and usages of their own country.” As such, the Chinese in America, the Court decided, were “strangers in the land.”

Four years later, in 1892, the Exclusion Act expired, but if anyone had hopes that it would be allowed to die a quiet death, they were disillusioned. Under the Geary Act, which replaced it, Chinese immigration was suspended for another ten years and all Chinese laborers in the United States were now required to register with the government within one year, in order to obtain certificates of lawful residence. Any Chinese caught without this residence certificate would be subject to immediate deportation, with the law placing the burden of proof on the Chinese. The Geary Act also deprived Chinese immigrants of protection in the courts, denying them bail in habeas corpus cases.

Insulted, many Chinese residents refused to comply with the new law. A Chinese consul urged his countrymen not to register, and in cities like Los Angeles and San Francisco the Chinese community ripped up official registration notices. Three Chinese facing deportation under Geary took their case to the Supreme Court. In Fong Yue Ting v. United States, the Court decided that just as a nation had the right to determine its own immigration policy, it also possessed the right to force all foreign nationals to register. In 1895 the Supreme Court ruled in Lem Moon Sing v. United States that district courts could no longer review Chinese habeas corpus petitions, a decision that opened the door to all kinds of corruption and abuse by immigration authorities who assumed the unchecked power to bar or deport Chinese immigrants without fear of opposition from the courts.11

In this era of unchecked anti-Chinese passion, even Americans of Chinese descent found themselves subject to extralegal attempts to strip them of their rights—and their citizenship. John Wise, the collector of customs in San Francisco, would accept testimonials only from Caucasians to verify the U.S. citizenship of Chinese Americans. In an 1893 letter to a California lawyer, Wise boasted that his policy made it “almost next to impossible to prove the birth of a Chinese in this country as they never call in a white physician, and twenty years ago, no record of these births were [sic]kept.”

In 1894, Wong Kim Ark, a twenty-one-year-old Chinese American born in San Francisco, visited his parents in China. Returning the following year, he was denied permission to reenter the country. Once again, despite two setbacks, the Chinese took their case to the courts. Filing a writ of habeas corpus, Wong Kim Ark argued that his native birth entitled him to the privileges of American citizenship. His case would also eventually reach the U.S. Supreme Court.

At stake was the very definition U.S. citizenship. Would the Supreme Court embrace the judicial principle of jus soli (“law of the soil”), whereby a person obtained citizenship simply by virtue of being born in America? Or would it turn to the racial principle of jus sanguinis (“law of blood”), by which the citizenship of a child would be determined by the citizenship of his or her parents? In theory, with the passage of the Fourteenth Amendment, the United States had embraced the right of birthright citizenship, but in practice, the government had failed to protect the full privileges of citizenship of blacks and Native Americans. Legally, the Wong Kim Ark affair forced the Court to determine whether nonwhites born in the United States would be entitled to U.S. citizenship on the same basis as that applied to whites or be relegated to a permanent foreign underclass.

To the credit of the Supreme Court, the majority opinion ruled on March 28, 1898, in Wong Kim Ark’s favor, declaring that all children born in the United States are American citizens, even if their parents are ineligible for naturalization. In his dissent, Chief Justice Melville Fuller insisted that all Chinese, native or foreign born, should be ineligible for citizenship, because he believed that no matter where they lived, they owed their allegiance to the emperor of China. But Justice Horace Gray, speaking for the majority, declared, “The fact ... that acts of Congress or treaties have not permitted Chinese persons born out of this country to become citizens by naturalization cannot exclude Chinese persons born in this country from the operation of the broad and clear words of the Constitution: ‘All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States.’ ”12

Although the Chinese community was relieved by this Supreme Court decision, victory in the courts did not always translate into a new respect for the Chinese community or for the Chinese in America as a people. To the contrary, by the turn of the century, a shameful series of local and federal acts reminded the Chinese that any court ruling, to have meaning, must have the support of local officials prepared to carry out its provisions.

In 1899, U.S. officials in Hawaii learned that a few people had died of plague in Hong Kong. Fearful that the disease had spread to Honolulu, they forbade the local Chinese from boarding ships headed for the continental United States. In addition, the board of health burned down a section of the city’s Chinatown. Health officials in San Francisco followed their example, shutting down all Chinese-owned businesses and ordering all Chinese who wished to leave the city to submit to inoculation first. The illegality of these measures prompted a Mr. Wong Wai to sue the department of public health, a lawsuit he won in both the local district court and the court of appeals. In May 1900, the court ordered the San Francisco public health department to cease and desist, but officials persisted in their campaign by enlisting the support of the board of supervisors. Soon, in contravention of the legal order, Chinatown was cordoned off by the police, barricaded, and completely quarantined, while city officials talked about burning and razing it to the ground. It took the combined efforts of the Chinese Six Companies, their attorneys, the Chinese ethnic media, the local Chinese consul, and China’s minister (ambassador) to the United States to break the quarantine and save the San Francisco Chinatown from total destruction.

It didn’t help the Chinese cause that, just at this time, the Boxer Rebellion was developing in China. Calling themselves “The Boxers United in Righteousness,” gangs of impoverished Chinese peasants, blaming foreigners for China’s economic ills, besieged and slaughtered white Christians and Chinese converts in northern China as well as white missionaries and diplomats in Beijing. While China’s ills were by no means solely attributable to the influence of foreign powers, the Opium Wars early in the nineteenth century had certainly disrupted the country’s economy and led to the granting of special economic rights to Great Britain and broad concessions to various other foreign powers in China. It took a combined military force of several Western nations to crush the rebellion, and afterward the Qing government agreed to pay massive indemnities in gold. Even though the Chinese émigrés in the United States had nothing to do with the rebellion, the strain on Chinese-American relations was bound to hurt them. Before the Boxers, the Chinese ambassador could be counted on to argue the case of the Chinese community with Washington. Now, with a weakened China—in effect, a nation that had become almost a subject nation—there was no one with any clout to plead for them.

Nonetheless, the Chinese continued to protest the American policies that targeted them. “We helped build your railroads, open your mines, cultivated the waste places, and assisted in making California the great State she is now,” one group of petitioners would write to the president of the United States. “In return for all this what do we receive? Abuse, humiliation and imprisonment. We ask that these things be changed, and that we be treated as human beings instead of outlaws.”

But nothing changed, either in the West or in Washington, D.C. When the Geary Act expired in 1902, Congress passed yet another exclusion law, this time extending the period of exclusion indefinitely and continuing to deny naturalization to the Chinese already in the United States. In 1904, Ng Poon Chew, founder of Chung Sai Yat Po, San Francisco’s first Chinese-language daily newspaper, described what it felt like to be Chinese in America: “all Chinese,” he wrote, “whether they are merchants or officials, teachers, students or tourists, are reduced to the status of dogs in America. The dogs must have with them necklaces”—here Chew is referring to the residence certificates—“which attest to their legal status before they are allowed to go out. Otherwise they would be arrested as unregistered, unowned dogs and would be herded into a detention camp.”

In 1905, just when it seemed things could not get any worse, the Supreme Court announced its decision in United States v. Ju Toy.

The Exclusion Acts, both the first and those that followed, it must be remembered, had never fully excluded the Chinese. Even the first act made exceptions for merchants, teachers, students, and their household staffs. So all through this period a limited number of Chinese were entering the country, some as permanent immigrants, others as American citizens who had left the country and were now returning. But in the Toy decision, the Supreme Court determined that Chinese immigrants denied entry to the United States, even if they alleged American citizenship, could no longer gain access to the courts to appeal the decision. Instead, it gave the secretary of commerce and labor, who oversaw immigration issues, jurisdiction on this matter. The decision of the secretary, the Court ruled, would be “final and conclusive even when the petitioner alleged U.S. citizenship.”

The Supreme Court appeared untroubled by the contradiction between its previous ruling in Wong Kim Ark that U.S. citizenship could not be stripped from Americans of Chinese descent, and its new ruling denying due process to citizens by allowing immigration authorities to decide in effect who was and who wasn’t a citizen without review by any court. According to a New York judge, immigration officials had so much power that if they wished “to order an alien drawn, quartered and chucked overboard, they could do so without interference.”

Not surprisingly, after the Court endowed immigration officials with this power, Chinese admission rates started to plummet. From 1897 to 1899, 725 of 7,762 Chinese who had applied to enter the United States were rejected—about one in ten; then, between 1903 and 1905, the rejection rate rose to one in four.

Oddly enough, the most dramatic protest against America’s discriminatory measures was undertaken in China, by a group of activists seeking a ban on American goods and businesses until the exclusion policy was repealed. On July 20, 1905, after the Ju Toy decision, the Chinese in Shanghai initiated a full-scale boycott. They quit working for American companies, moved their homes and businesses out of American-owned buildings, and pulled their children out of American schools. Some 90 percent of the businesses in the Chinese district of the city13 displayed placards supporting the boycott. Chinese businessmen canceled contracts with American firms and refused to buy or sell American products; demonstrators prevented American ships from unloading their cargos; newspapers refused to run American advertisements.

The boycott spread first to other coastal cities in central and south China—with the Canton region, the homeland for most Chinese in North America, providing plenty of financial support—and then to the interior of the country and abroad. The movement fascinated Chinese from all walks of life; one American traveler, visiting a mountaintop monastery in China, reported that “even the old monks” wanted to talk about it. It also gained the support of overseas Chinese communities throughout Asia and attracted donations from the Chinese in the United States and Hawaii, where mass meetings and fund-raisers were held to sustain the boycott. This was one of the rare occasions when diverse groups of Chinese in the United States—the mercantile elite, the laborers, the journalists, Christians, even the tongs—put aside their differences and worked together toward a single goal.

So effective was the boycott that it devastated many American businesses in China and deprived the United States of some $30 million to $40 million worth of trade. It hurt textile mills in the American North and cotton plantations in the South. In Canton, Standard Oil’s sales plummeted from about 90,000 cases of fuel monthly to 19,000. So low had American firms fallen in esteem that the British American Tobacco Company found it difficult to even give away free cigarettes to its agents in China.

A year after the boycott began, the U.S. government stepped in, pressuring the Manchu government to put it down. The royal family, still reeling from its humiliation in the Boxer Rebellion, acceded to U.S. pressure, no doubt fearing retaliation if it did not act and act quickly. It is likely that the government was inclined to move against the boycotters for another reason as well. At the time, the boycott was directed solely against foreigners, but the possibility was real that it could quickly turn into a domestic revolution that might topple the throne. The Manchus issued an imperial edict to crush the boycott.

Nonetheless, the embargo had made its point, not just in China but in the United States as well, which did not end the policy of exclusion, but did ameliorate its worst abuses. President Theodore Roosevelt issued an executive order to immigration officials to stop abusive treatment of Chinese merchants and other legitimate visitors, along with a warning that any official caught mistreating Chinese who had the proper paperwork would be dismissed. The U.S. government shortened delays in processing arrivals, discarded a proposal for a new round of Chinese registrations, and scrapped the humiliating Bertillon system of identification, instituted in 1903, which required detailed measurements of the nude body. The results were immediately apparent. In 1905, immigration authorities had rejected 29 percent of the certificates approved by American consuls in China; in 1906, after the boycott, they rejected only 6 percent.

But even more important, Roosevelt used his bully pulpit to set a new tone for the treatment of the Chinese in America. Speaking before Congress, the president noted, “Much trouble has come during the past summer from the organized boycott against American goods,” and warned, “We must treat the Chinese student, trader and businessman in a spirit of broadest justice and courtesy if we expect similar treatment to be accorded to our own people of similar rank who go to China.”

The cumulative effect of the restrictive immigration laws sharply decreased the number of new immigrants. In 1883, one year after the passage of the Exclusion Act, 8,031 Chinese managed to enter the United States. We do not know how many of these were immigrants returning from visits to China and how many were first-time arrivals. In 1884, the number dropped to 279; in 1885, 22. In 1887, a total of ten Chinese arrived in the United States. The new immigrants were virtually all from privileged classes—scholars, merchants, professionals, and diplomats. At the same time, the Chinese in America began an exodus out of the country to avoid persecution and massacre. Between 1890 and 1900, the number of male Chinese in the United States (at that time 95 percent of the Chinese population) dropped from 103,620 to 85,341.

An unknown number of Chinese tried to circumvent the exclusion laws, risking their savings, even their lives, in order to enter the United States. For no matter how bad things were in the United States, the opportunity to earn more money outweighed the risks. Some migrated first to Canada, Mexico, or the Caribbean, and then tried to smuggle their way into the United States by train or boat. Many of them did not make it. The files of border patrols from that era include stories of capsized boats and Chinese nearly drowning, of Chinese hiding in rice bins on steamers bound for America. “They would stab through the rice and you might be killed in the process,” one immigrant recalled. “Sometimes you had to hide in a coffin, and you could suffocate to death.” A few made it in, but not enough to reverse the decline of the Chinese American population.

Ironically, the event that opened a new immigration window for the Chinese in America was a historic natural catastrophe that changed the lives of Chinese and non-Chinese alike. At 5:13 A.M. on April 18, 1906, an earthquake struck San Francisco. “My cousin and I were asleep in the basement of the store on Washington Street,” recalled Hugh Leung, a high school student at the time. “He woke me and I felt the trembling and saw pieces of plaster falling down like water. I thought I was on the ocean. I quickly dressed and ran into the street. The building across from our place collapsed.” In panic, thousands of Chinese rushed into Portsmouth Square, a large open space in San Francisco Chinatown. A fire operator on the scene remembers, “It seemed not more than several minutes after the shock before the square was literally packed with hundreds of Chinese, of all ages, sexes and condition of apparel, jabbering and gesticulating in excited terror.”

The Chung Sai Yat Po newspaper described the ordeal of the residents : “They carried their bundles, walking away but at the same time looking back as they did so, brooding or weeping softly.” While the wealthier Chinese, terrified of white violence, fled the city, the poor stayed behind, for want of funds. Haunted by memories of persecution by whites, some were too frightened to seek food and shelter from city relief stations. Others were robbed by the soldiers brought in to maintain order in the city, and still others were ordered by these soldiers to perform physical labor. Uncertain about where to resettle the Chinese, city officials shuffled them from one camp to another, each move drawing howls of protest from whites who feared that the Chinese would stay in their neighborhoods permanently.

Finally the authorities ordered the Chinese to the far corner of the Presidio, and white looters had a field day. Thousands of men, women, and children descended on the charred remains of what was left of Chinatown, hauling away sacks of melted bronze, pitchers and teapots, artworks, and other valuable items. Looting was prevalent everywhere in the city, but because the Chinese were not permitted to return to protect their belongings, thieves rifled the vaults and safes of Chinese-owned banks, homes, and businesses. Army officials stood by with “shoot to kill” orders to prevent the wholesale pillage of the city, but they refused to enforce discipline in Chinatown, arguing they could not tell the difference between genuine thieves and innocent curiosity seekers, a patently ridiculous claim. Contemporaneous accounts suggest that the looters included some of the most prominent citizens in the Bay Area, and the San Francisco Chronicle reported that they included “high railroad officials,” “society people in Oakland and San Francisco, and reputable businessmen.” The plunderers also included members of the military. On April 21, the Chinese consul general in San Francisco protested to the governor that “the National Guard [is] stripping everything of value in Chinatown.”

The fire destroyed much of the city, but most important for the Chinese, it destroyed city birth and citizenship records. The loss of these municipal files allowed many immigrants to claim that they were born in San Francisco, not China, thereby enabling them to establish U.S. citizenship. Because all foreign-born children of American citizens are entitled to U.S. citizenship, a Chinese immigrant who managed to convince the American government that he was a citizen could then return to his homeland and claim citizenship for children born in China.14 Or he could tell American authorities that his wife in China had given birth to a son, when in reality no child had been born, and then sell the legal paperwork of this fictitious son to a young man eager to migrate to the United States. These so-called immigration slots were sold either through an individual’s network of relatives and acquaintances or through emigration firms. Traditionally, these firms—known as Gold Mountain firms—were import/export companiesthat also served as travel agencies, hotels, postal carriers, and banks for remittances. As crucial middlemen for Chinese émigrés, they were well placed to act as brokers in the illegal “paper sons” program.

The paper sons phenomenon naturally aroused the suspicions of the U.S. government. Authorities could not help but notice that the ratio of Chinese sons to daughters reported to be born during visits to the motherland was something like four hundred to one. They also commented on the high number of Chinese who alleged American citizenship. One federal judge noted that “if the stories told in the courts [are] true, every Chinese woman who was in the United States twenty-five years ago must have had at least five hundred children.” To detect paper sons, the government detained the Chinese at immigration stations and subjected them to lengthy interrogations.

At first, San Francisco officials detained Chinese arrivals in “the Shed,” a windowless two-story frame building at the edge of the Pacific Mail Steamship company’s pier. The Shed was filthy; one observer reported that it was “overrun with vermin” and that “the odors of sewage and bilge are most offensive.” After a period of detention at the Shed, one Chinese merchant declared the Americans “a race of pigs.” Even Chinese immigrants in the classes exempt from the exclusion laws—merchants, professionals, intellectuals—faced humiliation upon arrival and then weeks of bureaucratic frustration.

In 1910, the government fenced off ten acres of Angel Island, in San Francisco Bay, as an immigration facility. This island had previously served as a military depot for recruits as well as a detention center for prisoners of the Spanish-American and Indian wars. Officials found its location advantageous for two reasons: as with nearby Alcatraz, the surrounding bay formed a natural barrier to escape; moreover, the physical isolation provided effective quarantine for the communicable diseases that American officials claimed were “prevalent among aliens from oriental countries.”

Over the next thirty years, some 175,000 Chinese immigrants, along with arrivals from other countries, would pass through Angel Island. Approximately 75 to 80 percent of the Chinese were detained until they could prove who they were, which usually required detailed investigations. Though modeled on Ellis Island near Manhattan, for decades the primary immigration gateway for the United States, Angel Island served a much different purpose. Ellis Island was a way station, with most immigrants processed and released within hours, whereas Angel Island was a long-term detention center, where many Chinese were imprisoned for months, even years. Looking back at how each was run, one might say that Ellis Island was operated to facilitate immigration and Angel Island to discourage it.

The Immigration Service used an elaborate process to inspect the Chinese. When a ship docked at San Francisco, the authorities went on board to examine the paperwork of the passengers. A few Chinese might be allowed to disembark, but most were ferried to Angel Island to await a more detailed review of their applications. At the station, government workers separated the men from the women, even if they were married, and then examined them for disease. “They are dumped together as so many animals,” an observer wrote:

There is no privacy whatsoever, and no means of comfort. Men and luggage are all thrown together as one ... In one part of the room, in the men’s quarters, was a group smoking and talking. Quite far away was another group of young boys and grown-up men gambling. Some of them were not properly dressed and with hair uncombed and appearance not any too fresh and alert, the whole place has the appearance of a slum, such as I had never seen, even in our much talked of “Chinatown.”

It was an unlucky immigrant who fell ill at Angel Island. Because hospitals in San Francisco still refused to accept Chinese patients, ailing Chinese were moved into a wooden building near the immigration station that one official called a “veritable firetrap.” There were no separate rooms to segregate those with highly contagious diseases from those with milder, more manageable afflictions like trachoma or hookworm. When one Chinese man came down with cerebral spinal meningitis, the immigration authorities pitched a tent for him in a remote area on the island, where he was kept until he died.

Reports of mistreatment soon surfaced. In 1913, quarantine officers imprisoned a group of Chinese students at Angel Island for several days, for no other reason than their arrival in San Francisco by second-class passage. One Chinese man, L. D. Cio, was interrogated by authorities even though he had the requisite paperwork. Officials demanded to see evidence of the means of his financial support, forcing Cio to show them $300 in cash. Not until a telegram was received from the New York YMCA on his behalf (apparently one of his sponsors in America) was Cio considered free and permitted to travel eastward. Later, he described the Angel Island station as “a prison with scarcely any supply of air or light. Miserably crowded together and poorly fed, the unfortunate victims are treated by the jailers no better than beasts. The worst is that they are not allowed to carry on correspondence with the outside.”

The Seattle immigration facility was no better. Chinese immigrants complained that inspectors treated them like “cattle,” that they were “thrown into a big room with about 75 people,” where they were forced to “pack ourselves like sardines” and “sleep on the floor beside an open toilet.” “This,” they wrote, “was our first impression of America.”

And sometimes there wasn’t enough to eat. At Angel Island, officials tried to justify scanty meals by claiming that it was customary for the Chinese to eat only twice a day. To protest these conditions, young immigrants held angry demonstrations in the dining room, prompting the Immigration Service to post a sign in Chinese warning inmates not to cause trouble or throw food on the floor. In 1919, the inmates rioted, forcing the government to suppress the disturbance by dispatching troops to Angel Island.

But the interrogations were the worst of all. The immigration process deteriorated into a mind game between inspector and immigrant, whereby American officials tried to identify paper sons or daughters through extensive questioning about their past history and home villages. Many questions were excessively detailed and had nothing to do with a person’s right to enter the United States. When a Chinese arrived at the immigration station, paper son or not, he had to remember all the answers he gave to authorities, because he might be quizzed on them later if he left the United States and then tried to return. The transcripts of these conversations often ran for hundreds of pages, yet one wrong answer, no matter how trivial, could easily result in deportation. Even a correct answer might elicit suspicion, such as in the following exchange:

Q: Is your house one story or two stories?

A: There is an attic.

Q: Are there steps to the attic?

A: Yes.

Q: How many?

A: Twelve.

Q: How do you know?

A: I counted them, because I was told you would ask me questions like these.

Q: Then you were coached in the answers to be given? You rehearsed and memorized the information to make us think you are the son of Wong Hing?

A: No, no, no. I was not coached. I am the true son of Wong Hing, my father, who is now in San Francisco. He told me that you would ask me questions like these and that I was to be prepared to answer in the most minute detail.

In this environment, it was inevitable that some inmates cracked under the strain. Separated from their families, interrogated by hostile strangers, and haunted by the fear of deportation, a few lost all control of their senses. The most traumatized tended to be Chinese women separated from their children. “There are many cases at the Immigration Station now where the Chinese wife of an American-born Chinese citizen is denied admission, while her little infant children are admitted,” J. S. Look told interviewers for the 1924 Los Angeles Survey of Race Relations. To handle depression, panic, or hysteria, immigration authorities threw emotionally troubled émigrés into a special isolation room, a tiny windowless closet three feet square, where they were kept in solitary confinement, sometimes for weeks, until they were able to “calm down.” These brutal immigration practices continued for decades, causing some Chinese women to attempt or commit suicide.15

Forbidden to communicate with the outside world, some educated inmates wrote or carved poetry on the walls of the immigration station, venting their sorrow, frustration, and rage, sometimes speaking of retribution. An immigrant who signed his work as “One from Taishan” wrote, “Wait till the day I become successful and fulfill my wish! I will not speak of love when I level the immigration station.” Another penned the following lines: “Leaving behind my writing brush and removing my sword, I came to America. Who was to know two streams of tears would flow upon arriving here? If there comes a day when I will have attained my ambition and become successful I will certainly behead the barbarians and spare not a single blade of grass.”16

Immigration officials wrote poetry, too, although their verse contained different sentiments from those of the inmates. One inspector composed the following lines of mocking doggerel:

Now poor Wong Fong, he feels quite ill, 

As I am told by Ling, 

And won’t eat any nice birds’ nests 

Nor even will he sing. 

So just to make this poor Wong Fong 

Feel very good and nice, 

I’ve sent him back to China 

Where he can eat his mice.

Release from Angel Island did not guarantee the Chinese freedom from further harassment by the Immigration Service, for exclusion-era policies gave immigration officials enormous discretion to seize and detain the Chinese as they wished. As the Chinese would soon learn, all it would take was one crime committed by one Chinese individual to tarnish the entire Chinese American community.

In 1909, a young white girl named Elsie Sigel was murdered in New York, her decomposing body found stuffed in a rusty trunk in her apartment. The chief suspect was William Leon, the owner of a chop suey restaurant in Manhattan who had courted Sigel but was believed to have become jealous when Sigel grew attached to another Chinese man. By the time Sigel’s corpse was discovered, Leon had long vanished, no doubt having fled the city, if not the country. When the authorities threw a dragnet out for Leon, they suspended the constitutional rights of anyone who looked even remotely Chinese.

The memorable aspect of the Sigel case was not the tragedy of the murder itself but how the nation reacted to it, and its long-term consequences for the Chinese community. The New York City police ordered that no Chinese person could leave the city without permission, and those Chinese with railway and steamship tickets were turned away at the stations and docks. Every ship leaving New York harbor was searched, their Chinese crews interrogated. As the investigation rippled across the country and into Canada, officials rounded up Chinese men from Norfolk to Chicago, from Vancouver to Revelstoke, British Columbia, arresting some the moment they stepped off trains. Chinese businesses nationwide were placed under surveillance. In Providence, Rhode Island, the police commissioner even ordered all draperies to be removed from each room, stall, and booth of the city’s Chinese restaurants so that the interiors could be viewed from the outside at all times. Japanese Americans were hauled off the streets and harassed by the police. In the end, countless Asians, entirely guiltless, bore the full brunt of suspicion, but the primary suspect, William Leon, was never caught. To the beleaguered Chinese, the Sigel case illustrated just how swiftly their rights could be stripped from them in times of mass hysteria and government-declared emergency.

Even without a sensational murder case in the background, all throughout the 1910s American immigration officials repeatedly raided homes and businesses, without warrants or just cause and at all hours, in searches for illegal aliens. Most of these unjustified searches were failures. In Cleveland, the Chinese complained that more than 90 percent of such raids produced no results—but this fact did not prevent authorities from arresting the Chinese in front of newspaper reporters and photographers, handcuffing them for the benefit of the cameras, and hauling them down to the immigration office, where they were fingerprinted, examined, and measured as if they were dangerous felons.

The public rarely saw the treatment of the Chinese once they were in government custody. Many Chinese later claimed that they were detained for hours, without food or water, sometimes in “solitary, dark confinement.” Often they were not permitted access to counsel or even to learn the charges filed against them. The detainees also claimed that the interrogations were timed so that they would miss their meals, in hopes that hunger and exhaustion would disorient them and cause them to give ambiguous answers from which guilt could be inferred.

During raids, inspectors often demanded to see the residence certificates the Chinese needed to stay in the United States. In some cases, the inspectors confiscated them without providing receipts, causing the owners months of agony, knowing they could not prove their legitimate right to reside in the United States. If the Chinese could not produce their certificates, they were expected to explain how they had lost them, which was impossible for many to do. Some immigrants exhausted their entire life savings paying legal bills and hiring detectives to locate witnesses to testify on their behalf.

The deportation process was horrendous. According to a 1913 report compiled by the Chinese Chamber of Commerce and Chinese-American League of Justice of Los Angeles, the Chinese deportees were packed into railroad cars “unfit for the transportation of cattle,” poorly fed, and then herded into the holds of ships, where they endured “real torture, especially in the summertime,” when the ship sailed close to the equator. With the constant danger of such deportation hanging over their heads, the Chinese were vulnerable to legally sanctioned blackmail and could be fleeced mercilessly by officials and hoodlums alike. White racketeers would fabricate complaints about Chinese merchants and threaten to sue them unless they received payoffs. Many Chinese preferred the illegal payoff to the more expensive legal fees. But some of the worst extortionists were the immigration officials themselves, upon whose whim depended who was admitted or deported; with no restraint on their powers, many officials traded influence and authority for bribes.

Not all white Americans were callously anti-Chinese, and it must be noted that there were some who were seriously troubled by what was being done in their name. In 1916, when Washington could no longer ignore rumors of corruption at Angel Island, the federal government appointed John Densmore, a labor attorney, to head a special investigation. Densmore discovered a smuggling ring and system of graft within the Immigration Service that had been thriving since as early as 1896. “This business had been going on for a number of years and had mounted to colossal proportions in the number of Chinese illegally admitted and official records destroyed, and the amount of graft money involved in these transactions runs into hundreds of thousands,” one report of the investigation asserted in 1917.

The graft business was a lucrative enterprise, with payoffs around the globe. Some American immigration authorities garnered as much as $100,000 a year by charging $1,400 to admit each illegal alien. The participants included not only high-ranking U.S. government officials but attorneys, notaries public, photographers, and Chinese merchants. The system entailed theft of documents, sale of biographical information, destruction or mutilation of data, creation of new records, substitution of photographs, and counterfeiting of official seals and stamps. So extensive was this Immigration Service racket that it even encompassed a special paper-son tutor school in Hong Kong, where prospective Chinese émigrés were coached on how to answer questions upon their arrival in San Francisco.

The Densmore investigation resulted in numerous arrests, as well as the discharge of some forty people from the Immigration Service. Transcripts of telephone conversations, secretly taped in 1917 by investigators, exposed the inner workings of collusion between Chinese smugglers and white officials. Here is a verbatim excerpt from one such transcript, of a phone call from a Chinese man to an official named McCall:

May 27 10:20 p.m. Chink called McCall.

McCALL: Hello.

CHINK: This Mr. McCall?

McCALL: Yes.

CHINK: This Yee Jim. How about Louie Ming?

McCALL: The testimony is all wrong; I am afraid he will be rejected.

CHINK: I will wait two days and then I send a different witness, I will send a good one this time.

McCALL: All right.

CHINK: You think then I have chance?

McCALL: I am afraid I can’t.

CHINK: I will give you double price if you do.

McCall: I will see what I can do.

CHINK: I send good witness over.

McCALL: You had better see the attorney before you do that.

Under such a system, Chinese nationals who refused to pay off corrupt officials often faced trouble getting into the United States. According to an immigrant named Chen Ke, his troubles began when he refused to bribe the interpreter of the Boston customs office. In retaliation, the interpreter told the authorities that Chen Ke possessed fake documents and had him deported to China. Chen Ke later smuggled himself back into America, incurring a debt of $6,500, which took him twenty years to repay.

Such experiences left the Chinese American community with a profound sense of shame, terror, and insecurity. “Whenever my mother would mention it, she’d say ‘Angel Island, shhh,’ ” recalled Paul Chow, a retired engineer who later led an effort to restore the immigration facility as a historical landmark. “I thought it was all one word ‘Angelislandshhh.’ ” He later understood the reason for his family’s embarrassment regarding the detention center: back in 1922, his father had bribed an immigration official to get into the country.

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