America, Through the Spectacles of an Oriental Diplomat. Tingfang Wu
in America, who may be roughly calculated by the thousands, and whose number is annually increasing, have been taught democratic principles of government. These could not but be detrimental to the welfare of the late Manchu Government. They have read the history of how the American people gained their independence, and naturally they have been imbued with the idea of inaugurating a similar policy in China. Chinese merchants, traders, and others who have been residing in America, seeing the free and independent manner in which the American people carry on their government, learned, of course, a similar lesson. These people have been an important factor in the recent overthrow of the Manchu dynasty. Added to this, the fact that America has afforded a safe refuge for political offenders was another cause of dissatisfaction to the Manchus. Thus it will be seen that the Manchu Government, from their point of view, have had many reasons for entertaining unfavorable sentiments toward America.
This view I need hardly say is not shared by the large majority of Chinese. Persons who have committed political offenses in their own country find protection not only in America but in all countries in Europe, Japan, and other civilized lands. It is an irony of fate that since the establishment of the Chinese Republic, Manchu and other officials under the old regime, now find secure asylums in Hongkong, Japan, and Tsingtao, while hundreds of ex-Manchu officials have fled to the foreign settlements of Shanghai, Tientsin, and other treaty ports, so reluctantly granted by the late Manchu Government. Thus the edge of their complaint against America's policy in harboring political refugees has been turned against themselves, and the liberality against which they protested has become their protection.
The more substantial cause for dissatisfaction with the United States is, I grieve to say, her Chinese exclusion policy. As long as her discriminating laws against the Chinese remain in force a blot must remain on her otherwise good name, and her relations with China, though cordial, cannot be perfect. It is beyond the scope of this chapter to deal with this subject exhaustively, but in order to enable my readers to understand the exact situation it is necessary to supply a short historical summary. In 1868, on account of the pressing need of good laborers for the construction of railways and other public works in America, the Governments of China and the United States, concluded a treaty which provided that "Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities, and exemptions in respect to travel or residence as may be enjoyed by the citizens or subjects of the most favored nation." It was a treaty negotiated by that great American statesman, Secretary Seward, and announced by the President of the United States to Congress as a "liberal and auspicious treaty". It was welcomed by the United States as a great advance in their international relations. It had also the double significance of having been negotiated by a Chinese special embassy, of which a distinguished American diplomat, Mr. Anson Burlingame, who was familiar with the wishes and interests of the American people, was the head.
But within a few years the labor unions on the Pacific coast began to object to the competition of Chinese laborers. Soon afterward the Chinese Government, to its intense surprise, was informed that the President of the United States had delegated a commission to come to Peking to solicit an abrogation of the treaty clause to which reference has been made. The Chinese Government was naturally unwilling to abrogate a treaty which had been urged on her by the United States with so much zeal, and which had so lately been entered upon on both sides with such high hopes. Long and tedious negotiations ensued, and finally a short treaty was concluded, the first and second Articles of which are as follows:
Article I
"Whenever in the opinion of the Government of the United States, the coming of Chinese laborers to the United States, or their residence therein, affects or threatens to affect the interests of that country, or to endanger the good order of the said country or of any locality within the territory thereof, the Government of China agrees that the Government of the United States may regulate, limit, or suspend such coming or residence, but may not absolutely prohibit it. The limitation or suspension shall be reasonable and shall apply only to Chinese who may go to the United States as laborers, other classes not being included in the limitations. Legislation taken in regard to Chinese laborers will be of such a character only as is necessary to enforce the regulation, limitation, or suspension of immigration, and immigrants shall not be subject to personal maltreatment or abuse."
Article II
"Chinese subjects, whether proceeding to the United States as teachers, students, merchants, or from curiosity, together with their body and household servants, and Chinese laborers who are now in the United States shall be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exceptions which are accorded to the citizens and subjects of the most favored nations."
It would seem reasonable to expect that in yielding so fully to the wishes of the United States in this second negotiation the Chinese Government would not be called upon to make any further concessions in the interests or at the demand of the labor unions on the Pacific coast, but in this China was disappointed. Within a period of less than ten years an urgent application was made by the American Secretary of State for a new treaty amended so as to enable the Congress of the United States to still further restrict the privileges of Chinese laborers who had come to the United States. And when the Chinese Government hesitated to consent to the withdrawal of rights which the United States granted to the subjects of other Governments, Congress passed the Scott Act of 1888 prohibiting any Chinese person from entering the United States except Chinese officials, teachers, students, merchants or travellers for pleasure or curiosity and forbidding also Chinese laborers in the United States, after having left, from returning thereto. This, in the words of Hon. J. W. Foster, ex-Secretary of State and a distinguished international lawyer, "was a deliberate violation of the Treaty of 1880 and was so declared by the Supreme Court of the United States." In order to save the Executive of the United States from embarrassment, the Chinese Government, contrary to its own sense of justice, and of international comity, for a third time yielded to the wishes of the United States, and concluded the amended treaty of 1894 which gave Congress additional power of legislation respecting Chinese laborers. By Article I of this treaty it was agreed that for a term of ten years the coming of Chinese laborers to the United States should be absolutely prohibited. Article III distinctly provided that "the provisions of this convention shall not affect the right at present enjoyed of Chinese subjects, being officials, teachers, students, merchants, or travellers for curiosity or pleasure, but not laborers, of coming to the United States and residing therein." Thus it is clear that the prohibition affects only laborers, and not the other classes of Chinese. For a few years after the signing of this convention this was the view adopted and acted upon by the immigration officials, but afterward they changed their attitude, and the foregoing Article has since been interpreted to mean that only the above-mentioned five classes can be admitted into the United States, and that all the other classes of Chinese, however respectable and honorable, must be refused admission. Will my readers believe that a Chinese banker, physician, lawyer, broker, commercial agent, scholar or professor could all be barred out of the United States of America under the provisions of this convention? In the face of the plain language of the text it seems too absurd and unreasonable to be contemplated, and yet it is a fact.
This convention was proclaimed in December, 1894. According to its provisions, it was to remain in force only for a period of ten years, but that if six months before the end of that period neither Power should give notice of denunciation it should be extended for a similar period. Such notice was, however, given by China to the United States and accordingly the convention expired in December, 1904, and is now no longer in force. No serious attempt has since been made by the United States Government to negotiate a new treaty regarding Chinese laborers, so the customs and immigration officials continue to prohibit Chinese laborers from coming to America by virtue of the law passed by Congress. It will be seen that by the treaty of 1868, known as the "Burlingame Treaty", the United States Government