The Old World and Its Ways. Bryan William Jennings
the Chinese officials with whom I conversed seemed anxious to co-operate with our minister and consuls. Immediate action upon the part of our congress, whether favorable or unfavorable to the Chinese, will remove the excuse for a boycott and our government should not be influenced in its action by any threats affecting trade, for the subject is too grave a one to be determined by commercial considerations.
The Americans who are doing business in China are naturally anxious to cultivate friendly relations with the Chinese merchants, and just before we reached Hong Kong the American business men residing there cabled home a statement of the minimum changes in the exclusion act asked for by the Chinese merchants. I had the privilege of attending a dinner at which a number of the leading Chinese merchants of Hong Kong presented their views, and it may be worth while to give here an abstract of their demands as drawn out by cross-examination.
They desire – First, that the word laborer shall be clearly and distinctly defined, "according to the highest standard English and be limited to such class or classes of persons as originally intended to be designated by both governments."
Second, that all regulations and legislative measures affecting Chinese immigration shall be communicated to and approved by the Chinese government before going into force, and that when in force, they should not be altered without consent of the Chinese government.
Third, that American consuls stationed in China shall have full power to grant certificates of admission to persons not included in the prohibited classes, such certificates to be conclusive except in cases of actual fraud.
Fourth, that the American consul in China shall without delay issue certificates of admission to such Chinese not included in the prohibited classes as shall obtain passports from the Chinese government.
Fifth, that the Chinese government shall be permitted to appoint one European medical practitioner to act in conjunction with a medical officer appointed by the United States at the port of departure and that no one shall be rejected as diseased unless certified to be so by both medical officers.
Sixth, that Chinese once admitted into the United States shall enjoy the same rights and protection accorded to the subjects of the most favored nation, and in case of ill treatment shall be entitled to damages from the government.
Seventh, that Chinese passing through the United States en route for another country shall enjoy the same privileges as the subjects of the most favored nations.
Eighth, that Chinese residing in the United States shall not be required to register unless such registration is required of the subjects of the most favored nation.
Ninth, that Chinese laborers shall be admitted into the Hawaiian and the Philippine Islands, provided that the legislatures or local authorities of such islands are willing. (While this proviso is satisfactory to the Hong Kong merchants, it seems to have been objected to by the Chinese of Amoy and Canton.)
Tenth, that any Chinese detained at an American port of entry for purposes of inquiry shall be permitted to engage legal assistance and furnish bond for appearance; should the decision be unfavorable, he shall have the right to appeal to the highest court of justice, and in case of any technical or formal error in his passport or certificate, he shall be allowed to correct the same without undergoing deportation.
Eleventh, that any Chinese residing in the United States shall have the right to bring his parents, wife, family and minor brothers and sisters to reside with him.
Twelfth, that Chinese lawfully admitted to the United States but deported because of failure to register shall be readmitted on satisfactory proof of possessing in the United States property or bona fide debt up to the required amount.
The second demand could not be complied with, without putting the enforcement of the exclusion act so largely in the hands of the Chinese government as to very much cripple it.
The third demand is reasonable. Our country ought to be bound by the act of its own consuls, except in case of fraud, and those who are to be excluded ought to be notified before incurring the expense of a trip across the ocean.
The fourth demand should not be complied with unless the Chinese government assumes pecuniary responsibility for any errors in the issuing of the passport and for the subject's compliance with the regulations provided by our government.
The fifth demand is absurd, because it virtually transfers to a European physician appointed by the Chinese government the power to decide on the health of the immigrant. While, according to the language of the demand, the Chinese appointee would act in conjunction with an American physician, a favorable report by the Chinese appointee would admit the immigrant in spite of an adverse report by the physician appointed by our government. It is perfectly proper that a physician appointed by the Chinese government should be permitted to be present at the examination, and it is only fair that the examination should be made at the port of departure, but it is necessary that the examination should be in the hands of physicians appointed, and removable, by our government.
The tenth demand is for the most part reasonable. A Chinaman detained for purposes of inquiry should be allowed to secure counsel and furnish bond, and if the error in his certificate is technical or formal, he should be allowed to correct it on such terms as are equitable, but it would hardly be wise to permit appeal to the supreme court unless some vital principle is involved.
Demands six, seven and eight are based upon the theory that Chinese in the United States should be treated in every respect like subjects of other nations, and this overlooks two material facts: First, that certain classes of Chinese are prohibited from coming to the United States; and, second, that the Chinese who do come to the United States come for reasons different from those which influence immigrants from Europe. (I shall consider the second reason later.) The fact that some Chinese are excluded while others are admitted makes it necessary to enforce rules against the Chinese that are necessary against immigrants from other nations. While no humiliating conditions ought to be imposed, still our country is justified in enforcing such rules and regulations as will prevent fraud and evasion. This cannot be considered an act of unfriendliness because our nation adopts the same principle in dealing with its own people. For instance, the voters in the cities are required to register from time to time, often at great inconvenience, while registration is not required in rural districts, the discrimination being regarded as necessary to prevent election frauds in the cities. In like manner, Chinese may be required to register, even though registration may be inconvenient, if experience shows registration to be necessary to prevent evasion of the immigration law.
In the case of travelers it ought to be possible to provide for such a certification of passports as to relieve Chinese tourists, whether passing through, or visiting in, the United States from annoyance or vexation. It goes without saying that they should be protected as completely as tourists coming from any other country. Every encouragement should be given to travel between countries, for an exchange of views and ideas between nations is as wholesome and as necessary to progress as social intercourse between individuals.
The ninth demand, while strenuously insisted upon by the Chinese, involves questions of the first magnitude. It is a question whether Chinese could be admitted into Hawaii and then excluded from other states and territories, and in the case of the Philippines, our country should be slow to establish a policy there before the length of our occupation is determined.
It will be noticed that the purpose of the first, eleventh and twelfth demands is to increase the number of Chinese in the United States. The eleventh contemplates the indefinite enlargement of the family of each resident by the addition of first, one wife; second (possibly), two parents, not to speak of an uncertain number of children, brothers and sisters. While to the Chinese who are accustomed to the patriarchal system, the admission of parents, brothers and sisters would seem a very natural demand, it would hardly seem reasonable to Americans unless it was limited to the classes excepted from the exclusion act.
The real interest, however, centers in the first demand, viz., that the definition of the term laborer shall be enlarged. I questioned several of the Hong Kong merchants in regard to the matter, and found that they desired especially the admission of clerks and skilled laborers. They contended that a Chinese merchant could not conduct a store in the United States without Chinese help and that to exclude clerks was virtually