Transcript PowerPoint #5

Impact of Chinese Exclusion


Chinese Exclusion Act, 1882

10-year moratorium on Chinese labor immigration

Chinese in US ineligible for naturalization

First law to prevent a specific ethnic group from
immigrating to the United States
Geary Act, 1892
 Extended 1902


Made permanent in 1904,
Added restrictions

Required register for a certificate of residence or
face deportation.
Wong Kim Ark (黃金德)
Wong Kim Ark
“Anchor Baby”
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Born to Chinese parents in San Francisco, 1873
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Wong Si Ping, father, merchant, Wee Lee, mother

Family, mother, father and Wong Kim Ark return to China,
1890
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Wong returned to San Francisco several months later


No problem returning in 1890, recognized as US citizen
Second trip, 1895
Wong Kim Ark

Second China trip, 1895

Geary Act 1892

Extended ban 10 years

Chinese residents required to have government issued certificate of residence
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Law renewed in 1904 with not time restriction

Laws were aimed at immigrants

Officials try to expand law to include all “Chinese”
History of US
Naturalization Law

1790, Naturalization Act
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Two years residence in US
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Only “free white person” eligible

Redefined after Civil War to Grant Citizenship
and voting rights to African Americans

1866, Civil Rights Act

Equality before law, regardless of race
Senator Jacob Merrit Howard
(1805-71)
Citizenship Clause in Fourteenth
Amendment
Overruled Dred Scott Decesion, 1857
"a negro, whose ancestors were imported into [the
U.S.], and sold as slaves", whether enslaved or
free, could not be an American citizen and
therefore had no standing to sue in federal court,”
Fourteenth Amendment: Due Process,
Equal Protection, Citizenship

Citizenship:

All person born or naturalized in the United States … are
citizens of the United States and subject to the jurisdiction
thereof, are citizens of the United States and of the State
wherein they reside”

1870, Naturalization Act

Extend the right of naturalization to “aliens of African nativity and to
person of African descent”
Treatment of Chinese
 1877,
Congressional Committee
 “indigestible mass
in the community, distinct
in language, pagan in religion, inferior in
mental and moral qualities”
 Prohibiting them
from citizenship “necessary
good” for the good of the public
First Test Case 1884:
Look Tin Sing
 Look Tin
Sing:
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Fourteen year old, Mendocino California
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Attempt to reenter US 1884
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Immigration officials deny entry, no documentation

Federal Court ruled in his favor citing Fourteenth
Amendment

Upheld birthright citizenship
Wong Kim Ark (黃金德)
Circuit Court Ruling
Judge William
Morrow, “Captive of Law”
Supported
anti-Chinese activists as
Congressman
Would

not overturn precedent as Judge
Based on Fourteenth Amendment ruled in
Wong’s favor
Supreme Court Case, March
1897
 Jus
soli vs. Jus sanguinis
 Justice
Horace Gray, Majority Opinion
Horace Gray: 1828-1902
Supreme Court Justice, (1881-1902)
Nominated by Chester A. Arthur
(confirmed in one day)
Wrote majority opinion in US vs. Wong Kim
Ark
In the majority in Plessy vs. Ferguson
Horace Gray: 1828-1902

Upheld common law doctrine, jus soli

Two important issues after studying congressional
debate over Fourteenth Amendment:

Congress fully aware amendment would apply to
children born in the US of Chinese parents

If ruled against Wong then it would deny citizenship to
“thousands of persons of English, Scotch, Irish, German
or other European Parentage who have always been
considered and treated as citizens”
Significance of Decision

Sustained birthright citizenship for all persons born in
the US regardless of race

Protected rights of Chinese-American to return to US
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Did not establish criteria determining citizenship or
native birth, left to immigration officials
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Chinese still subject to long interrogations
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Required white witnesses to attest to native birth
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Appearance and fluency factors in making decesions

Impact limited, not many second generation Chinese
Dissent: US vs. Wong Kim Ark
 Dissent, Two
 Chief
Justices
Justice Melville W. Fuller:
 Accident
of birth, not necessarily “direct and immediate
allegiance”
 China
ancient culture, Chinese could not be expected to
embrace American customs or political beliefs