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POLITICS OF THE REPEAL OF

THE CHINESE EXCLUSION


LAWS

L. Ling-chi Wang

and the latter, a journalist in Chinatown for


over four decades. In an article published in
the Survey Graphic, a widely circulated
national magazine, not long after the bomb-
ing of Pearl Harbor, Rose Hum Lee enthusi-
astically reported the phenomenal gains being
made by Chinese Americans in occupational
categories from which they were previously
excluded for reason of race, and optimistical-
ly concluded that the Pearl Harbor crisis was
a blessing in disguise for Chinese Americans
Fifty years ago, during the height of World because they were well on the way “toward
War II, the U.S. Congress voted to repeal the complete assimilation.” Inhibiting this
fifteen anti-Chinese laws enacted between inevitable process, according to her, was the
1882 and 1913 as a gesture of goodwill to fact that Chinese immigrants in the United
“our” Chinese allies fighting against Japanese States were still ineligible to become citizens
militarism and imperialism in China. through naturalization as those who came
President Franklin D. Roosevelt hailed the from “other lands.” She wrote:
passage of the repeal legislation as “a mani-
festation on the part of the American people Every thinking Chinese in this country
of their affection and regard [toward the and in China hopes that the American
Chinese people].” people would advance the social,
political, and economic status of the
To understand precisely how the Chinese in Chinese in the United States. To be
the United States perceived these laws and fighting for freedom and democracy
the legislative process leading to their repeal, in the Far East, at a cost of 7 million
we need to hear the voices of at least two of lives in five years of hard long bitter
the keenest observers of Chinese America: warfare, and to be denied equal
Rose Hum Lee and Gilbert Woo. The former opportunity in the greatest of democ-
was a prolific Chinese American sociologist racies, seems the Height of irony.

POLITICS OF THE REPEAL – 1


In essence, she wanted Chinese immigrants to movement and the exclusion of Chinese
be granted citizenship, but she made no refer- American involvement in the repeal process?
ence to the discriminatory immigration laws In short, how do we assess the repeal that
against the Chinese. Appealing to the occurred fifty years ago?
American public conscience, she wrote, “It is
up to the American people to effect the eman- It is the intent of the paper to address these
cipation by law.” questions in the context of the politics of race
and of international relations during World
Recalling the campaign to repeal the War II. The paper begins with a brief outline
Exclusion laws, Gilbert Woo, the late pub- of the historical process leading to the repeal
lisher and editor of the Chinese Pacific of the Chinese Exclusion laws. An analysis,
Weekly (Taiping yang zhoubao), made this including what it meant for Chinese
observation in his weekly recollection column Americans, of the repeal legislation itself fol-
shortly before he died in 1979: “As far as I lows. I then examine the national and interna-
can remember, the campaign was not initiated tional contexts of the politics of race in the
by the Chinese community, neither was it repeal process and why Chinese Americans
pushed by the community. Our attitude was were systematically kept out of the legislative
as if we were just outside observers.” process. The paper concludes with an analysis
of the political consequences of the lobbying
As we now reflect upon the remarks by these efforts on the emergence of the “China
two Chinese American observers, we cannot Lobby” after the war and of the stereotypical
help but wonder why Rose Hum Lee pleaded image of Chinese Americans fabricated by
only for citizenship, and not for the repeal of the lobby during the repeal drive.
the laws excluding Chinese from immigration
and why she equated citizenship with assimi- REPEAL OF THE CHINESE EXCLUSION
lation, her life-long personal as well as intel- LAWS
lectual obsession. Likewise, we cannot help
but wonder also why Chinese Americans did Before the advent of the Chinese American
not initiate and participate in the campaign to era in late 1960s, Chinese Americans can be
repeal the fifteen exclusionary laws directed said to have been living under a structure of
against them. Instead, they, like Rose Hum dual domination. On the one hand they were
Lee, chose to be “just outside observers.” Is it racially and legally singled out for exclusion
possible that Chinese Americans simply did and discrimination. On the other hand, they
not care about the discriminatory laws and were also subject to the extraterritorial domi-
the denial of citizenship? Did the repeal nation of the Nationalist government, led by
accomplish what President Roosevelt and Chiang Kai-shek and his Guomindang
most of the supporters of the repeal claimed? (Kuomintang) party.
Did it result in equity and fairness in our
immigration laws? Did the repeal liberate The domination of these two external forces
Chinese Americans from exclusion and racial was total, extending into political, economic,
oppression? If not, what prompted the repeal and cultural spheres. For example, Chinese

POLITICS OF THE REPEAL – 2


Americans were systematically excluded The Chinese Exclusion laws and their repeal
from the basic rights and protection guaran- must be seen within the structure of dual
teed by the U.S. Constitution. Chinese domination. Between 1882 and 1913, the
Americans were effectively relegated to a U.S. Congress enacted fifteen anti-Chinese
rigidly defined apartheid system under which laws designed to exclude and if possible,
their rights, privileges, and sanctuaries in the exterminate the Chinese from the United
white society were effectively suspended. It States. As if these were not enough, the
was an apartheid established by democratic Congress enacted the National Origins Quota
means and sustained by repeated judicial Act of 1924 which rendered the alien Chinese
decisions. wife of an American citizen inadmissible into
the United States and provided wholesale
Confined to Chinatowns in towns and cities, exclusion of all Asians. At the time when this
Chinese Americans also came under the inhumane and exclusionary law was added,
extraterritorial domination of China, its gov- W.W. Husband, Commissioner General of
ernment and culture, with the consent of the Immigration, appropriately declared that the
U.S. government. Key institutions, such as new law made the various Chinese Exclusion
schools and newspapers, were controlled by laws superfluous and, accordingly, recom-
the government. Key social and cultural insti- mended their repeal back in 1924, making
tutions were replicas of China. Political loyal- him the first in the United States to call for-
ty to the government in China, then headed mally for their repeal. However, his call was
by Chiang Kai-shek, was expected. In effect, not heeded and no further consideration was
colonial relations existed between given until 1943.
Chinatowns and China.
The push to repeal the Exclusion laws, there-
The United States had little or no interest in fore, could not have come from the disenfran-
advancing the rights and welfare of Chinese chised Chinese American community.
Americans and China was too weak to protect Instead, it was initiated in May 1943 and
the rights of Chinese in the United States. managed exclusively by an ad hoc Citizens’
Decisions affecting Chinese American lives Committee to Repeal Chinese Exclusion,
were made without their knowledge or con- made up of elite China interest groups, such
sent. The mutual interest of the two countries business, missionaries, old China hands, and
was to use them as pawns to advance their career diplomats. The Chiang Kai-shek gov-
respective national interests determined fre- ernment preoccupied with its own interest in
quently by their bilateral relations and domes- U.S. financial and military aids, gave its tacit
tic politics. In particular, the changing diplo- and passive support. From the beginning to
matic relations between the two countries had the end, Chinese American interests were
“a direct impact on the status and conditions ignored and Chinese Americans were deliber-
of Chinese America. This paper will demon- ately kept out of the entire political process.
strate how the two oppressive forces exploit-
ed the repeal politics and reinforced their According to Fred Riggs, who has done the
domination of Chinese America. definitive work on the repeal process, two
persons were instrumental in initiating the

POLITICS OF THE REPEAL – 3


repeal process in 1943: Donald Dunham, a even among the liberals and friends of the
diplomat stationed in Hong Kong, and Chinese. This explains, as we shall see later,
Charles Nelson Spinks, an authority on East why Chinese Americans were excluded from
Asia. Their main reasons were 1) as allies and the process. Even if Chinese Americans were
fellow human beings the Chinese deserved to bring their concerns directly into the leg-
“racial equality” and 2) the future of the islative process, they were to be ignored.
United States depended more than ever on its
relations with the Asian races against whom The Committee further made three strategic
existing laws and policies were directed. Thus decisions. The first, echoing China expert
from the very beginning, it was the national Owen Lattimore, was to concentrate on
interests of the United States, as defined by Chinese exclusion repeal rather than elimina-
the elites, not the interests of Chinese tion of the ban against all Asian immigration.
Americans, that motivated the drive to repeal. The basis for this decision was the conviction
that “because of our present close ties with
Their efforts led to a rapid convergence of China it might be possible to put through the
interest groups in American politics: the old repeal of Chinese exclusion, whereas an
China hands (Owen Lattimore, Bruno Lasker, attempt to repeal all oriental exclusion laws
Carl Glick, Pearl S. Buck), the corporate would almost surely at that time end in
China traders, the missionaries to China, defeat.” The second was to reject all the bills
diplomats, and the media, most notably previously introduced and to stress the three
Henry Luce. They were quietly supported by objectives of the committee in every way and
representatives and agents of the Chiang Kai- through every channel possible. The third
shek, such as C.L. Hsia and Lin Yu-tang. policy was to limit membership of the com-
They organized the Citizens’ Committee to mittee to U.S. citizens, not to discourage
Repeal Chinese Exclusion and used it to Chinese from working for repeal but “to
launch a national campaign. In all, over 250 impress Congress with the fact that
representing more than forty states joined the Americans were demanding the repeal of the
committee. How the committee interest antiquated exclusion laws.” The decision to
groups worked swiftly and o repeal the exclu- minimize Chinese presence was both deliber-
sion laws in 1943 can be found in Riggs’ ate and strategic. The impact of the repeal on
Pressures on Congress, published in 1950. Chinese America, as we shall see later, was
negligible, if not insulting. In short, both the
The Committee’s stated objectives were 1) committee and the U. S. government knew
repeal of the Chinese Exclusion acts, 2) a that the proposed legislation would have
quota basis for the Chinese, and 3) eligibility absolutely no impact on the well-being of
of Chinese for naturalization. In other words, Chinese Americans and that the United States
narrowly defined: to repeal the Exclusion stood to score a major propaganda victory.
laws, but to still keep the Chinese immigrants
excluded through a tiny annual quota. On October 7, the Dirkstein Committee sub-
Fighting racism was never the intent of the mitted a favorable report on HR 3070, clear-
committee. In fact, racism was alive and well, ing the way for final approval by the House.

POLITICS OF THE REPEAL – 4


To make sure that Congress was fully quota would therefore, be only about
appraised of the significance of the bill on the one hundred immigrants a year. There
U.S. war effort in Asia and international rela- can be no reasonable apprehension
tions, President Roosevelt sent a special mes- that any such number of immigrants
sage to Congress on October 11 declaring, will cause unemployment or provide
competition in the search for jobs.
I regard this legislation as important
in the cause of winning the war and of The extension of privileges of citizen-
establishing a secure peace. China is ship to the relatively few Chinese resi-
our ally. For many long years she dents in our country would operate as
stood alone in the fight against another meaningful display of friend-
aggressions: Today we fight at her ship. It would additional proof that we
side. She has continued her gallant regard China not only as a partner in
struggles against very great odds...but waging war but that we shall regard
China’s resistance does not depend her as a partner in the days of peace.
alone on guns and planes and on While it would give the Chinese a
attacks on land and on sea and from preferred status over certain other ori-
the air. It is based as much in the spir- ental people, their great contribution
it of her people and her faith in her to the cause of decency and freedom
allies. We owe it to the Chinese to entitles them to such preference. I am
strengthen that faith. One step in this confident that Congress is in full
direction is to wipe from the statute agreement that these measures-long
books those anachronisms in our law overdue should be taken to correct an
which forbid the immigration of injustice to our friends. Action by the
Chinese people into this country and Congress now will be in angst of our
which bar Chinese residents from purpose to apply the policy of the
American citizenship. good neighbor to our relations with
other peoples.
Nations, like individuals, make mis-
takes. We must be big enough to In no uncertain language, President Roosevelt
acknowledge our mistakes of the past assured the Congress that the passage of the
and to correct them. bill would not precipitate a deluge of Chinese
immigrants.
By the repeal of the Chinese
Exclusion Laws, we can correct a his- On October 21, the House of Representatives
toric mistake and silence the distorted passed HR 3070. This was followed by a
Japanese propaganda. The enactment favorable report on the same bill by the
of legislation now pending before the Senate Judiciary Committee on November 16
Congress would put the Chinese (Senate Report No. 535) and passed by the
immigrants on a parity with those full Senate on November 26. President
from other countries. The Chinese Roosevelt promptly signed the bill into law
and declared,

POLITICS OF THE REPEAL – 5


It is with particular pride and pleasure The second provision of the Act set forth a
that I have today signed the bill legal formula for limiting the number of
repealing the Chinese Exclusion Chinese admissible into the United States
Laws. The Chinese people, I am sure, each year. The annual quota was to be com-
will take pleasure in knowing that this puted under the provisions of Section 11 of
represents a manifestation on the part the Quota Act of 1924, which turned out to
of the American people of their affec- be 105 a year. According to the 19241aw, a
tion and regard. An unfortunate barri- quota of 100 per annum was allocated to
er between allies has been removed. China but only to those persons of races eligi-
The war effort in the Far East can ble to citizenship born in China, because,
now be carried on with a greater vigor under the law, Chinese not eligible for citi-
and a larger understanding of our zenship were prohibited from coming to the
common purpose. United States.

But there was neither pleasure nor celebration Thus, two separate quotas, for China and the
in Chinatowns and, as Gilbert Woo rightly Chinese race, were established as a result of
observed, Chinese Americans were “just out- the 1943 law. This rendered the Chinese
side observers” in the entire process. quota to be the only one not based on nativi-
ty. Presumably for this reason it provided a
On February 9, 1944, pursuant to the legisla- preference up to 75 percent of the Chinese
tion, Presidential Proclamation 2603 fixed the quota for those born and residing in China, so
Chinese quota at 105 per year (58 Stat. 1125). that the Chinese temporarily in the United
As expected, the new law did not bring any States or in any other countries in the world
more Chinese immigrants into the United would have the opportunity of using up the
States; nor did it help many to become citi- entire quota of 105 without giving Chinese
zens. persons born and residing in China an oppor-
tunity to take advantage of the quota.
MEANINGS OF THE ACT OF DECEMBER Furthermore, children of Chinese mixed mar-
17, 1943 riages were to be considered legally Chinese
regardless of their place of birth. However,
The law, as enacted by Congress, consisted of there was no provision for the non-quota
three major concerns pushed by the Citizens’ immigration of alien Chinese wives of
Committee: repealing of the laws relating to American citizens. According to the 1924
the exclusion or deportation of persons of the law, alien Chinese wives of U.S. citizens
Chinese race, placing Chinese persons enter- were inadmissible because they were aliens
ing the United States annually as immigrants ineligible for citizenship even though Section
on a fixed 105 quota computed under the pro- 4(a) of the Act rendered alien wives of U.S.
visions of Section 11 of the Immigration Act citizens admissible as non-quota immigrants.
of 1924, and making persons of the Chinese No provision for Chinese wives of U.S. citi-
race eligible to become naturalized U.S. citi- zens was enacted until the Act of June 13,
zens. 1930. Even then, admission was extended to

POLITICS OF THE REPEAL – 6


only those alien Chinese wives of U.S. citi- opposition from strong proponents of the bill.
zens married before May 26, 1924. No The bill was therefore passed with no relief
admission was allowed at all for alien for Chinese spouses of U.S. citizens. A provi-
Chinese husbands of U.S. citizens nor for sion for the spouses had to be enacted on the
alien Chinese wives of U.S. citizens married unanimous consent calendar in 1946 to allow
between 1925 and 1930. Ironically, before Chinese American GIs to bring in their
May 24, 1934, a Chinese child born abroad of Chinese wives.
a father who was a U.S. citizen acquired U.S.
citizenship at birth if the father had resided in The third provision of the legislation deals
the United States prior to the birth and thus with citizenship through naturalization. Prior
was eligible for admission. A Chinese child to this law, only white persons or persons of
of a U.S. citizen born abroad after May 24, African-Black race or persons of races
1934, was a citizen if the U.S. citizen father indigenous to the Western Hemisphere were
had resided in the United States ten years racially eligible for naturalization. According
prior to his or her birth. This meant that under to the Immigration Committee report on HR
the 1943 law, alien Chinese wives or hus- 3070, the number of Chinese who would
bands of U.S. citizens had to compete with all actually be made eligible for naturalization
other Chinese immigrant applicants for the was “negligible”—approximately 45,000
105 quota each year, as nearly ten thousand alien Chinese in the United States. The
Chinese American GIs found out to their dis- Committee further clarified this figure by
tress and outrage after the war when they saying,
tried to bring their wives into the country for
which they were willing to die. …a large number of these Chinese
have never been admitted to the U.S.
Such built-in injustice and inhumanity of the for lawful permanent residence, which
repeal law was, in fact, brought to the atten- is a condition precedent to naturaliza-
tion of the Dirkstein Committee on October tion and, therefore, many of this num-
10, 1943, in a letter sent by a white American ber would not be eligible for natural-
who had just married a Chinese woman over- ization, not because of racial disabili-
seas. He wrote, “I fell in love and I married a ty, but because they cannot meet
Chinese girl who I cannot bring to the United existing statutory requirements of law.
States because of her ancestry, something I The number of Chinese who will be
found out after I married.” Riggs, who stud- made eligible in the future, in addition
ied the repeal process, thought the failure to to those already here, will of necessity
include Chinese spouses of U.S. citizens be very small because the quota for
under non-quota immigration was “due pri- China is limited to 105 per annum, as
marily to a technicality of drafting.” He also provided for in Section 2 of this bill.
pointed out that the Citizens’ Committee was
apparently unaware of this hiatus in the pro- In light of the above analysis of the content
posed legislation until October. Last-minute of the 1943 law, it is fitting to conclude this
attempts to amend the bill were met with stiff section by quoting the closing remarks of the

POLITICS OF THE REPEAL – 7


House on Immigration Committee. One can- this Committee is expressing what it
not help but be struck by the wide gap believes to be the will of the
between the eloquent egalitarian rhetoric of American people. It is expressing,
the Committee and the condescending and also, the realization of the American
cruel reality of equality facing the Chinese in people that freedom depends upon the
the United States and China under this law. respect for the integrity of others and
that their own freedom and security
The original act of exclusion (against demand that they accord the others the
the Chinese) was not born of ill will respect that they ask for themselves.
towards the Chinese people. The
motivation was exclusively economic. A cruel hoax was perpetrated against all
But profound changes have taken Chinese Americans by a group of well-mean-
place in sixty years. ing white liberal elites! The 105 quota was an
insult to all Chinese Americans. The debate
We have time on abandoned occasion over the 105 quota in 1943, in fact, prompted
to reflect on the extraordinary quali- Gilbert Woo, then a reporter for the Chinese
ties of the Chinese people. Above all, Times, to write, on September 7, a caustic
the tenacity and courage of the satire on how weak the Caucasian race must
Chinese in their terrible ordeal of the be if 105 Chinese a year can lower the living
last 70 years has impelled a respect standards of millions of Americans or con-
that we are proud to acknowledge. taminate the purity of the Caucasian race.
Chinese Americans must remain excluded by
It is clear today that only a few short laws until 1965 when the racist quota system
years stand between the Chinese peo- was finally abolished.
ple and the full use of their vast
resources, both human and material, POLITICS OF RACE IN THE REPEAL
for their own betterment and well- PROCESS
being, free from any outside control.
It has always been the policy of the From the preceding discussion on the process
United States to help China in her and the substance of the repeal of the Chinese
struggle against encroachment upon Exclusion laws, it is clear that the advocates
her independence and sovereignty and and the supporters of HR 3070 and its variant
we are now brothers in arms in that versions did not have the interests and wel-
cause. It is fitting, therefore, that the fare of Chinese in the United States at heart.
incongruity of discriminatory legisla- Race was central to the debate and to the
tion, inconsistent with the dignity of entire repeal legislative process. The lofty
both our peoples, should be eliminat- ideals of racial equality and justice for the
ed. Chinese so eloquently articulated by the pres-
ident and by leaders of our social, political,
In reporting favorably on a bill for the religious, business, and labor organizations,
repeal of the Chinese Exclusion Acts, could not be further removed from the desire

POLITICS OF THE REPEAL – 8


of social, political, and economic advance- and how its passage would not “cause unem-
ment and hope of complete assimilation of ployment or competition in the search for
the Chinese in the United States expressed by jobs” in the United States, as President
Rose Hum Lee in her 1942 article. The Roosevelt put it in his special message to
national agenda was not restoring the civil Congress. Our first task is to examine the
rights of Chinese Americans but advancing international and national context of the bill.
American national interests. The primary We will then identify the roles played by the
U.S. interest was the use of the Chinese in various interest groups, which collectively
China to win the war, to boost the morale of became the renowned China Lobby in the
the Chinese soldiers fighting the Japanese in post-war era. Throughout the process, as we
China, and to create the appropriate interna- shall see, race was the central issue.
tional setting for global hegemony for the
United States after the war. This meant that The major arguments advanced in favor of
the United States had to prevent Chiang Kai- repeal were 1) racial equality and human
shek and his soldiers from defecting to the rights, 2) justice to our Chinese allies, 3) fair-
Japanese side by means not costly to the ness to Chinese Americans, 4) aid to future
United States and ignore what must be commercial relations with China, and 5) to
regarded as an irritant: justice and equality help win the war. Congressional hearings,
for the “negligible” Chinese in the United transcripts of Congressional floor debates,
States. articles in newspapers and magazines, sup-
port letters and campaign pamphlets, public
A further illustration of such indifferent atti- announcements and briefing papers demon-
tudes toward the human rights of the Chinese strated beyond doubt the importance of the
in America was the deliberate exclusion of fifth argument. When President Roosevelt
Chinese Americans in the legislative formula- told Congress, “I regard this legislation as
tion and lobbying activities and in the unwill- important in the cause of winning the war and
ingness of the Citizens’ Committee and of establishing a secure peace,” he was
Congressional advocates to rectify the blatant reflecting the international and military objec-
injustice inflicted upon the Chinese spouses tives of the United States. Expressing similar
of American citizens in the pending legisla- ideas, but from a different perspective, the
tion on grounds of political expediency. House Immigration Committee reported,
“The tenacity and courage of the Chinese in
A quick analysis of the long statements of their terrible ordeal of the last 70 years has
President Roosevelt, spokesmen for the impelled a respect that we are proud to
Department of Justice and State, acknowledge.”
Congressional leaders, and the members of
the Citizens’ Committee will reveal that the Moreover, in light of the constant propaganda
repeal had an international political objective bombardment of the Japanese against the
and a national political imperative. Every Chinese—pointing to the United States’ dis-
supporter spoke of the importance of this leg- crimination against the Chinese and urging
islation vis-à-vis U.S. relations with China Asia for Asians—the argument went directly

POLITICS OF THE REPEAL – 9


to the heart of the problem, that is, the United support from pressure groups and
States could not afford to have the remaining Congressmen who might otherwise have
Chinese soldiers, then bearing virtually the rejected the proposal.”
full burden of the war in East Asia, defect to
the Japanese side. Already Wang Jing-Wei The second important and recurring argument
had gone over to the Japanese “Sphere of Far in favor of repeal concerned the potential
Eastern Co-prosperity” and obtained a nomi- Chinese market for U.S. products in the post-
nal sovereignty at Nanjing directly under war period. As Mansfield Freeman, President
Japanese supervision, not to mention puppet of the U.S. Life Insurance Company, testified
“Last Emperor” of the Manzhouguo set up by before the House Immigration Committee:
the Japanese since 1932, the Japanese-spon-
sored Federal Government of Mongolia in Trade with China and cooperation
Eastern Mongolia run by Prince De (a with her 400 million people are going
descendant of Genghis Khan) since 1937, and to be very important factors in
the Beijing government created by the America’s post-war prosperity. There
Japanese invaders. is no nation which has such potential
opportunities in the Far East for the
Besides, Chiang Kai-shek had repeatedly U.S. Why should we limit those
threatened an imminent “collapse” of his opportunities by keeping on our
army and government and his desire to strike statute books legislation which no
a compromise with Japan if American aids, longer is serving any very useful pur-
military and financial, were not forthcoming. pose, and yet which simply tends to
Knowing that the United States needed him irritate and insult what might be our
to eventually defeat Japan, he was blackmail- best mend?
ing Roosevelt. Congressman Walter Judd
said, “We cannot win this war alone in the Similarly, Congressman Charles Dewey of
Pacific or at least without almost prohibitive Illinois testified that the Chinese and
costs. We can succeed only if our allies and American economies were complementary
particularly Chinese can hold against Japan and that, without the Chinese market, the
until we can defeat Germany and set our full United States would face “over-production”
strength in the Pacific.” Boosting Chinese and resulting unemployment. According to
morale, counteracting Japanese propaganda, him, repeal would establish the pro-American
and tying down extensive Japanese military sentiment in China necessary for sound com-
personnel and resources in the China theater mercial relations. Echoing Dewey’s point,
were the primary reasons behind this fore- Congressman Mason of Texas declared, “Our
most argument for repeal. Riggs appropriate- potential trade with China after this war is
ly labeled this argument as “a decisive factor” over should furnish jobs to hundreds of thou-
in obtaining the acceptance of certain con- sands, if pot millions, of our boys when they
gressmen. He said, “The war argument was a return from the war.” During Congressional
great strategic value in weakening the opposi- floor debates, Congressman Walter Judd put
tion and winning at least acceptance if not it bluntly by stating, “To prove our intention

POLITICS OF THE REPEAL – 10


to treat China as an equal is not starry-eyed it was important for President Roosevelt to
idealism or sentimental generosity. It is good, use China to accomplish that task. The chal-
hard business sense.” In short, avoiding a lenge for Roosevelt was how to buy time and
return of the Great Depression at the end of prevent Chiang Kai-shek from defecting to
the war was foremost on the minds of both the Japanese side. This was why he came up
government and big business. Access to and with the policy of propping up China’s power
domination of the postwar China market was and prestige to a Great Power status and
crucial to the United States. Granting equality admitting Chiang Kai-shek into the Big Four,
and justice to Chinese Americans, in other ranking him equal to Churchill, Stalin, and
words, was the last thing the politicians and Roosevelt, over Churchill’s objection.
military strategists had in mind.
This European orientation explains why, on
If we were to place the two primary argu- the one hand, President Roosevelt steadfastly
ments within the broader context of American refused to imperil vital military situations in
wartime foreign policy, it would help explain Europe by diverting war resources and man-
why they were so central to American global power to China as repeatedly demanded by
strategy. This is the “big picture” or the high Chiang Kai-shek. On the other hand, it
stake in international politics. The wartime explains why he had to keep Chiang Kai-shek
strategy of the United States was to defeat the satisfied with several no-cost, morale-boost-
Germans first; defeating the Japanese had to ing concessions, most notably, 1) signing a
come second. According to diplomatic histo- treaty with China on January 11, 1943, relin-
rian Herbert Feis, this American foreign poli- quishing American extraterritorial rights in
cy was formulated tentatively a year before China, 2) introducing China (over the con-
the Japanese attack on Pearl Harbor but firm- temptuous objections of both Britain and
ly adopted in the early months of the war, by Russia) as one of the Big Four at the Cairo
two policies: the first was to make Europe the and Moscow summit conferences in
area of primacy concentration; the second, to December 1943, and 3) repealing the Chinese
make China a great power. In other words, it Exclusion laws on December 17 in the same
was a policy of Europe first and Asia second. year.
To American decision makers, Hider’s threat
to Europe and American interests in Europe To elevate the sagging Chiang Kai-shek
was regarded as more serious and far-reach- regime in Chongqing to the status of a major
ing than the Japanese threat or the war in world power definitely required a massive
China and Asia. infusion of American dollars, men, materials,
and equipment, something President
Assisting China’s resistance to Japanese Roosevelt refused to deliver. Roosevelt,
aggression was to be given a lower priority. therefore, needed to give Chiang the three
However, slowing down the Japanese expan- less costly concessions to keep him in line.
sion and occupation throughout Asia and Giving up extraterritorial rights in Japan-
tying up the Japanese military resources was occupied territories in China and according
vital to our national interest. Toward that end, him the prestige of being one of the Big Four

P O L I T I C S O F T H E R E P E A L – 11
for the price of tying up Japanese war capa- In spite of these concessions to Chiang Kai-
bility was the least President Roosevelt could shek together with occasional affordable ship-
do. Repealing the Exclusion laws was an ments of limited financial and military aids to
important component of this strategy. After China during the war, the policy of artificially
all, the United States also needed Chiang propping up the corrupt and deteriorating
Kai-shek to keep the Soviet Union under con- Chiang regime proved misguided and costly
trol after World War II. As Congressman to the United States immediately after the
Mike Mansfield of Montana put it during war. The lobby for China relief and for the
Congressional floor debate on the repeal leg- repeal during the war eventually became the
islation: most politically influential lobby, the China
Lobby, in Washington, D.C. after the war.
We must realize just how much we
need China, not how much China Within the context of domestic racial politics,
needs us. We must never forget that the major arguments against the repeal were
we will have full need of all our ener- 1) wait till the war was over, 2) open a wedge
gies, abilities and real friends in our for further influx of Asian immigrants, 3)
barbaric struggle with Japan. We must protect jobs for American veterans and labor,
not forget our future lies in large part 4) maintain racial purity or white supremacy,
in the Pacific. A friendly and strong and 5) keep America for Americans. At the
China will be a safeguard for us in heart of these objections was the historic
that area. Let us recognize the situa- Chinese Question, over which the nation
tion as it really exists and do our share debated for three decades before the enact-
to keep China growing so that ment of the first Chinese Exclusion law in
American lives will be spared and the 1882, and which continued to be the subject
war shortened considerably. Not by of acrimonious debate for another three
words—which means everything and decades.
anything—but by action now.
Of these arguments, the last two—expressed
It is only within this international context mostly by witnesses from extreme right-wing
during the height of the war that we can organizations such as the United American
understand the primary argument, as comical Mechanics, National Blue Star Mothers,
as it may sound, about repealing the American Coalition of Patriotic Societies,
Exclusion laws to help our ally to win the Society of Mayflower Descendants,
war in Asia and the secondary argument con- Daughters of the American Revolution, and
cerning a receptive China market for Sons and Daughters of Liberty—were regard-
American products after the war. No wonder ed as not credible. And, in fact, the Citizens’
arguments regarding racial equality, justice, Committee expended no energy to neutralize
and fairness to the Chinese and Chinese its opposition, and testimonies by these
Americans during the debate were appropri- groups were largely ignored by the House
ately referred to as “plainly boomerangs.” Immigration Committee during its hearings.
Since there was a wartime urgency tied to the

POLITICS OF THE REPEAL – 12


timing of the proposed legislation, the timeli- I want to go back to the inception of
ness argument—a delay tactic—could like- this thing in the first convention of the
wise be refuted without too much difficulty. American Federation of Labor back in
This left only the second and third arguments 1881 when it was recognized that
for serious consideration, both of which had something had to be done to stop the
to do with the limited number of jobs for too immigration of Chinese into this
many job seekers, especially if there were country...the AFL has been maintain-
new immigrants or an impending admission ing all these years for the exclusion of
of the Chinese through a quota allocation. Asiatics....
These arguments, of course, were charged
with racial and political overtones. We do not think that this is the time to
raise this question of letting down the
Domestic opposition to the repeal came from bars. The fact that it has been put
two major segments of American society: the forth here by people to represent win-
labor unions and the veterans’ organizations. ning the war, that is all
While there was strong conservative opposi- poppycock...we are not opposing this
tion to the bill led by Congressman Leonard from a racial stand point, we are
A. Allen of Louisiana, some of the conserva- opposing this from an economic
tives were willing to go along with the repeal standpoint.
alone, provided there was no quota for
Chinese and no right of naturalization. As Hines further questioned the annual quota of
Congressman Allen, a member of the House 105, insisting that arguments would be
Immigration Committee, declared, “I have advanced in the future for raising the quota:
indicated to the Committee already that I was
willing to go along and erase or repeal the If England with a population of less
laws which named the Chinese and put the than 100 million, has a quota of
fingers upon them,” but he was definitely 65,000, China with a population of
opposed to wiping out Asian exclusion in 400 million, India with a population
general or providing for a quota. Thus the of 400 million, if those countries
real issue was whether Chinese should be should demand and get quotas in line
admitted at all after the repeal and, if so, how with the population of their countries,
many. Louis G. Hines, legislative representa- we will be bringing in over a million a
tive of the American Federation of Labor, year.
articulated the AFL position in this manner:
Similar sentiment was expressed by Homer
The American Federation of Labor Chaillaux, director of the National
has nothing but admiration for the Americanism Commission of the American
Chinese people. I do not think that Legion, S.E. Wilkins of the Veterans of
any other group of people in this Foreign Wars, Victor E. Devereaux, director
country has done more to help the of the Veterans of Foreign Wars, and repre-
Chinese than the American Federation sentatives of the International Brotherhood of
of Labor… Teamsters.

POLITICS OF THE REPEAL – 13


Removed by thousands of miles from battle- repeal. As for the veterans organizations,
fronts in Europe and Asia, the racist position again, we find internal dissension. From the
of the leadership of the VFW at the height of very inception the organizers of the Citizens’
World War II was completely detached from Committee to repeal the Chinese Exclusion
the Chinese American fighting men under laws anticipated the “coolie labor menace”
enemy fires. Chinese American enlisted men, argument of labor unions and veterans organ-
15,000 strong, probably did not know what izations. The coolie labor menace was a polit-
the leaders of VFW were telling their govern- ical code term for race. A compromise formu-
ment in Washington, D.C., and how that orga- la was therefore fashioned which would limit
nization’s view was to have an adverse immigration to only a few Chinese per year at
impact on their rights as citizens when they the same time that it granted formal equality
tried to bring their wives into the United and presumably prestige to the Chinese. It
States after the war. was a costly compromise to the racists and
another indication of the oppressive condi-
Lester M. Hunt of the Teamsters argued that tions under which Chinese Americans had to
the repeal was being instigated by the live. Such a paradoxical position was subse-
Communists and that Congress was being quently incorporated into the organizational
coerced into passing the bill. He charged that objectives of the Citizens’ Committee at its
the industrialists who now had to pay living very first meeting and the racial basis of
wages wanted to bring in cheap labor, but assigning the quota was written into the
being too “smart” to say so directly, they Gosset and Magnuson bills.
called for racial equality—for everyone to
live in the same house and use the same While the proponents of HR 3070 vigorously
toothbrush. The Communists were apparently defended its justice and adequacy, the para-
“suckers” or “nitwits” to fall for this “reac- dox did not escape notice and invited sarcasm
tionary propaganda.” He advised that if the from its opposition. During House debate on
Communists thought the Chinese were dis- the bill, Congressman Elmer of Missouri
criminated against, then the solution was not rhetorically asked, “Do you think the Chinese
to let them in but to keep everybody out! The will be fooled by this cheap gesture of inter-
irony of this conspiracy theory or Communist national comity?” But according to Riggs,
conspiracy theory will become self-evident “The adoption of the racial quota of 105 met
when we discuss the makeup of the China the main objective of labor organizations,
Lobby and its objectives in a later context. namely, that repeal would bring a flood of
cheap labor.” Likewise he concluded that,
At this point mention must also be made that “The racial quota compromise...destroyed the
there was no united opposition within labor main argument of the organizations—veter-
movement, nor was there a solid support for ans and labor—which feared a heavy influx
the position taken up by the leadership of the of workers.” Although it may have politically
national veterans organizations. In particular, destroyed the opposition, it also buried
the Congress of Industrial Organizations Chinese American rights and privileges.
(CIO) was one of the earliest supporters of

POLITICS OF THE REPEAL – 14


CONSEQUENCES OF THE REPEAL The Chiang government cared only about the
military and financial aids from the United
I began this paper by suggesting that Chinese States and the prospect of having its interna-
Americans were living under a structure of tional status elevated. The racial oppression
dual domination: racial oppression and extra- of Chinese Americans reinforced the extrater-
territorial domination of the Chiang Kai-shek ritorial domination of Chinese America and
government. Both hegemonic forces had very insured their loyalty to the regime in China.
little interest in the welfare and rights of Throughout the legislative process, the
Chinese Americans because they were inter- Chiang government could not have cared less
ested in only the big picture, their respective about the rights of Chinese Americans and
national interests and their bilateral relations. did not speak out forcefully on their behalf.
From the brief analysis above, it is clear that Instead, it conspired with the Citizens’
the Chinese American community did not Committee to dictate the political agenda and
find itself liberated from the structure of dual strategy and followed what it was told to do.
domination after the passage of the 1943 law.
In fact, the events leading to and after the One of the major consequences of the repeal
repeal confirmed and reinforced the structure. movement was the emergence of a very pow-
The rights of Chinese Americans were to be erful political force made up of interest
ignored by both the U.S. government and by groups whose primary concern was the future
the Chiang government as each pursued its of China. This group, later identified as the
national objectives. China Lobby, came to playa vital role in post-
war domestic and international politics in the
The Citizens’ Committee, Congressional pro- United States and in dictating U.S. policy
ponents of the bill, and President Roosevelt toward China and Taiwan.
were interested only in pursuing the U.S.
wartime objectives and retaining the racial Earlier we mentioned the active but behind-
discrimination against the Chinese. All they the-scene participation of C.L. Hsia, director
wanted was to make some cosmetic changes of the Chinese News Service, and his two
to meet the strategic needs of the United advisors, Earl Leaf and H.J. Timberley, in the
States and to undermine the Japanese propa- initial exploratory process of the Citizens’
ganda of anti-Chinese laws in the United Committee. We also indicated that the
States. From the very beginning, they ignored Chinese News Service was an important
Chinese Americans. Their assessment of propaganda arm of the Ministry of
domestic political situations led them to strike Information of the Guomindang government
legislative compromises, to exclude Chinese in the United States, with offices in New
American participation in the formulation of York, San Francisco, Chicago, and
the bill, and to cause the final passage of a Washington, D.C. Hsia contributed support
watered-down bill that could only be regard- articles in Contemporary China and advised
ed by Chinese Americans as “an insult to organizers of the Citizens’ Committee that it
their intelligence,” as Congressman Elmer would be unwise for Chinese to figure too
correctly predicted. conspicuously in the drive-a familiar tactic

POLITICS OF THE REPEAL – 15


used by Guomindang agents in the United speakers at a rally were Pearl Buck; Lin Yu-
States. According to Riggs, in 1942 several tang, an apologist of the Guomindang gov-
Chinese in the United States, ernment; Bishop Paul Yu-Pin, on the staff of
the China Monthly (an influential but appar-
. . . particularly officers of the Chinese ently independent magazine regarded as “the
News Service, took active, though official mouthpiece of the Chiang govern-
unofficial part in studying the possi- ment in Chongqing on matters that could not
bilities for repeal... when a newsletter diplomatically be published in the official
was organized (by the Citizens’ propaganda organs of that government”); J.B.
Committee), it was prepared and cir- Powell, a former American correspondent in
culated by an employee of the China and, in 1946, a founder of the
Chinese News Service and the mailing American China Policy Association, an
list included Chinese News Service organization headed by Alfred Kohlberg
personnel, both Chinese and devoted to promote aid to China; and Wei
Americans in leading cities, as well as Tao-Ming, the Chinese Ambassador to the
a representative in the Chinese United States.
embassy in Washington. In general
though, caution was urged and the Prior to the House Immigration Committee
importance of using Americans to hearings in May and June, Cooper (counsel to
build up opinion on the question was the Chinese Embassy) helped to line up wit-
stressed. nesses for the hearings but, according to
Riggs, “did not speak himself because of his
In the fall of 1942 a pamphlet entitled “What official connections.” In addition, the Chinese
Chinese Exclusion Really Means;’ by Dr. Embassy played an active but inconspicuous
Tso-Chien Shen of the Chinese Ministry for role in lobbying members of the Immigration
Foreign Affairs, was published by the China Committee. For example, on the opening day
Institute in New York, an organization partial- of the hearings Congressman Allen said, “a
ly supported by the Ministry of Education in gentleman representing himself as coming
China. Riggs reported that Dr. Shen was from the Chinese Embassy has called on me
“substantially stationed in Washington, D.C., and told me that he was calling on other
at the embassy during the course of the repeal members of the Committee also.” Likewise
campaign.” Congressman Mason said, “The Chinese peo-
ple, through accredited representatives, have
When the Citizens’ Committee first met on said definitely that this is a very important
May 25, 1943, a non-member, P.C. Hsu, was emergency war measure and authoritative
reported present, presumably from the sources from China itself and not from unau-
Chinese News Service. To help highlight the thoritative or ill-informed sources.” He was
repeal drive, a Tribute to China sponsored by probably referring to Madame Chiang Kai-
the United China Relief was held in Carnegie shek who was touring the United States at
Hall in New York with the aid of a commer- that time. And, in fact, she invited a number
cial public relations organization. Among the of key Congressmen, among them

POLITICS OF THE REPEAL – 16


Congressmen Mason, Gossett, Magnuson— United States, not China or the Chinese. He
all sponsors of repeal bills—to a dinner on blamed Song Zhiwen, minister of foreign
the weekend of May 15 and 16, ten days affairs, and Wei Daoming, Chinese ambassa-
before the hearings. Later during the House dor to the United States, for their incompe-
debate, Mason acknowledged the Magnuson tence and indifference, and ultimately, Chiang
bill was exactly what the Chinese leaders had Kai-shek for appointing these officials.
asked for and wanted.
It is obvious from this review that, though the
After HR 3070 was cleared by the House and Guomindang government remained incon-
headed for the Senate, the Citizens’ spicuous throughout the legislative process,
Committee decided that public expression of it, in fact, worked closely with the political
appreciation by the Chinese government elites and the Citizens’ Committee: it helped
would help speed up the bills through the draft a bill, lined up witnesses at the hearings,
U.S. Senate. Dutifully, C.L. Hsia of the generated favorable public opinions, helped
Chinese News Service was asked to telegraph mobilize letter campaigns, lobbied key
Hollington K. Tong, Chinese Vice Minister of Congressmen to solicit their support, and
Information, to get a roundup of reactions in finally even manufactured consent and favor-
Chongqing which could then be published able comments from government officials
through the Chinese News Service and used after the bill passed the House. This was
in Congressional debates. This immediately indeed a prelude or a dress rehearsal for the
resulted in glowing, appreciative public state- sophisticated legislative engineering and pub-
ments from such government spokesmen as lic opinion management of what came to be
Sun Fu, president of the Legislative Yuan; known as the China Lobby after the war. On
Sao-Ke Alfred Sze, former ambassador to the the other hand, why should this not be, con-
United States; and newspaper editorials. sidering there were only minor changes in the
None mentioned how Chinese were to be cast of characters between the Repeal Act and
excluded still. In the meantime, they made the bigger and better productions to be under-
their point and succeeded in managing infor- taken by the China Lobby after the war?
mation for American consumption.
Since we have described the main charac-
The failure of the Chiang government to rep- ters—the China-oriented groups and the
resent Chinese American interests was round- Guomindang agents in the United States—we
ly denounced by Wu Xiangying, in his histo- must now turn to the minor supporting char-
ry of the Chinese in the United States (1954), acters, the Chinese in the United States or the
in which he characterized the repeal as “an Chinese Americans. It seems ironic that the
injury” to Chinese Americans who were group that stood to benefit most from any
given “false promises.” Like dumb persons, relaxation on the repressive laws against the
Chinese Americans were forced to swallow Chinese was systematically excluded from
bitter pills, according to him, but were unable the legislative process. To be sure, Chinese
to complain of their bitterness. He thought Americans were not totally kept out, but they
the true beneficiary of the repeal was the were permitted only to play a very limited

POLITICS OF THE REPEAL – 17


and prescribed role assigned to them by the Armed Services, obviously an attempt to
Citizens’ Committee. That role, as it turned demonstrate that the Chinese could and did
out, was to demonstrate to the House assimilate to American life and could no
Immigration Committee that Chinese in longer be considered “coolie laborers.” When
America were no longer the coolies, the hea- asked about the potential passage of a repeal
thens, and the immoral, unassimilable human law, he answered that, “It would certainly
beings of the past. Instead, they were fully increase the friendship between the Chinese,
Americanized and assimilated, posing no the American Chinese, and this country.” He
threat to the moral and racial purity of the did not answer the question in light of the
United States. gross injustice built into the proposed legisla-
tion. Either he did not know the impact of the
To orchestrate this narrow stereotypical proposed bills on the Chinese American com-
image of Chinese Americans, the committee munity or he was not at liberty extensively on
carefully lined up two Chinese Americans, both the positive and negative aspects of it.
Dr. Li Min Hin from Hawaii and Paul Yee, an
electronic engineer working for the War If the objective of the Citizens’ Committee
Department at that time, two successful, non- was to put forth before the American public
threatening and fully assimilated Chinese an image of successful, patriotic, hardwork-
Americans. Dr. Li told the committee that he ing, docile, assimilated Chinese, it very defi-
was an American citizen, had received his nitely achieved that end. In many ways, this
education and medical degree in the United was precisely the same image that Rose Hum
States, was past Commander of the Hawaiian Lee tried to project to the American public in
Department of the American Legion which her 1942 article published in Survey Graphic.
hag a largely Caucasian membership and had She wanted the American society to know
represented his department at different that Chinese Americans were productive and
national conventions of the Legion as chair- loyal members of the American society and
man of his delegation. His testimony dealt were well on their way to what she called
mostly with the positive role of the Chinese complete assimilation. The only barrier
in Hawaii, highlighting the important contri- toward achieving that goal for Chinese
butions they had made to the advancement of Americans was the second-class status that
the Hawaiian Islands and the responsibilities Chinese were placed in and her prescription
they had assumed in connection with the for elevating Chinese status was in fact the
prosecution of the war effort. He said, removal of the discriminatory Exclusion laws
“Hawaii furnishes the best example of the and rendering in the United States eligible for
United States of the assimilability of the citizenship. Dr. Li Min Hin and Paul Yee
Chinese into the American way of life.” both p assimilated image that Rose Hum Lee
tried to project to the American public. No
The other Chinese American witness, Paul doubt, the depiction that Rose Hum Lee, Dr.
Yee, told the committee about the part played Li, and Paul Yee put forth before the
by many skilled Chinese technicians and American public was one of a successful
experts in various war industries and in the assimilated Chinese. Whether or not this

POLITICS OF THE REPEAL – 18


image was consistent with the social reality or acceptable image to be cultivated and
facing the Chinese in the United States, it internalized, regardless of their class status
became an image to be put in practice and a and racial, cultural, and linguistic affiliation.
lifestyle to be emulated by all Chinese This wartime image of being equal to whites
Americans in the decades after the war. and being accepted into the dominant society
soon turned into a self-fulfilling prophecy
However, on the negative side, the new law that proved to be self-deceiving and detri-
had very little effect on the Chinese commu- mental. The sole enduring stereotypical
nity because of the war and the small quota image of Chinese Americans was that they
allocated to the Chinese. Most Chinese had to were docile, hardworking, and successfully
continue living separated from their wives, assimilated—an image that was clearly false.
husbands, parents, or close relatives.
Moreover, the naturalization right, while it CONCLUSIONS
was there, did not necessarily mean that
Chinese in the United States were automati- The repeal of the Chinese Exclusion laws in
cally awarded citizenship. To acquire citizen- 1943 did little to liberate Chinese Americans
ship one had to pass three tests: the valid doc- from racial oppression and extraterritorial
umentation of entry into the United States, domination of the Chiang regime. In fact, the
ability to pass the English language test, and repeal itself and the deliberate exclusion of
knowledge of American history and the Chinese Americans from the legislative
Constitution. All three tests proved to be dif- process reinforced the structure of dual domi-
ficult, if not insurmountable, for most nation. Both the Chiang regime and the inter-
Chinese in the United States. In 1943, the est groups behind the repeal learned impor-
year before the new law went into effect, the tant lessons in political lobbying. Their orga-
total number of persons naturalized was 497, nizational network became the basis for the
a figure that included whites born in China. emergence of the powerful China Lobby after
The figures for the next four years, 1944- the war.
1947, were 730, 739, 599, and 831. The
repeal did nothing to empower the Chinese In the meantime, Chinese Americans had to
American community. To this date, Chinese wait for the African American civil rights
Americans remain largely disenfranchised. movement to lead the way toward their own
liberation, not only from racial oppression but
Lastly, the repeal and the granting of the also the extraterritorial domination which
quota and naturalization right to the Chinese intensified greatly during the Cold War. The
resulted in the emergence of a new image of civil rights movements paved the way for the
the Chinese in America—an image that 1965 comprehensive immigration law that
depicts Chinese as assimilated into the main- finally abolished the racist quota law and
stream, or an image which many Chinese, strengthened the Chinese Americans in their
including people like Rose Hum Lee, Dr. Li struggle against racial oppression. In their
Min Hing, Paul Yee, and others, began to own struggle for liberation from racial
convince themselves was the only appropriate oppression, Chinese Americans discovered

POLITICS OF THE REPEAL – 19


how they also needed to be liberated from the
extraterritorial domination of Taiwan and
China if they were to achieve full citizenship
in the United States.

L. Ling Chi Wang’s “Politics of the Repeal of the


Chinese Exclusion Laws” originally appeared in The
Repeal and Its Legacy, Proceedings of the Conference
on the 50th Anniversary of the 1943 repeal of the
Chinese Exclusion Acts, hosted by CHSA and San
Francisco State University’s Asian American Studies
Department, edited by Robert Fung, San Francisco:
Chinese Historical Society of America, 1993; reprinted
with permission.

©1993, 2007 Chinese Historical Society of America.

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POLITICS OF THE REPEAL – 20

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