Chae Chan Ping v. United States
130 U.S. 581 Supreme Court 1889The … the empire of China at those places whereforeignersare … that a limitation to the immigration of certain classes from China was essential to the peace of the community on the Pacific coast, and possibly to the preservation of our civilization there. A few words on this point may not be deemed inappropriate here, they being confined to matters of public notoriety which have frequently been brought to the attention of Congress. Report of Committee of H.R. No. 872, 46th Cong. 2d Sess.
The discovery of gold in California in 1848, as is well known, was followed by a large immigration thitherfrom all parts of the world, … they began to engage in various mechanical pursuits and trades, and thus came in competition with our artisans and mechanics, as well as our laborers in the field. The competition steadily increased as the laborers came in crowds on each steamer thatarrivedfrom … Not being accompanied by families exceptin … artisans. The competition between them and our people was forthis … privileges, immunities, and exemptions were extended to subjects of China in the United States which were accorded to citizens or subjects of the most favorednation, … remainedstrangers in the land, residing … themselves, and … year, the people of the coast saw, or believed they saw, in the facility of immigration andin … subsistence, great danger that atno distant daythat … immigration. The people there accordinglypetitioned earnestlyfor … Chinese laborers had a baneful effect upon the material interests of the state, and upon public morals;that … theirimmigration wasin numbers approaching … a menace to our civilization;that … to any class or nationality,butwas well … and praying Congress to take measures to prevent their further immigration.Thismemorial was presented … of such matters of interest between the two governments as might be confided to them. 21 Stat. 133, c. 88. Such commissioners were appointed, and as the result of their negotiations the supplementary treaty of November 17, 1880,was … It declares in its first articlenever, … be allowed to go and come of their own free will and accord, and shall be accorded all the rights, privileges, immunities, and exemptions which are accorded to the citizens and subjects of the most favored nation."
The government of China thus agreed that notwithstanding the stipulations of former treaties, the United States might regulate, limit, or suspend the coming of Chinese laborers, or their residence therein, without absolutely forbidding it, whenever intheiropinion the … that it shall be unlawful for any such laborer to come, or, having come, to remain within the United States. The second makes it a misdemeanor, punishable by fine, to which imprisonment may be added, for the master of any vessel knowingly to bring within the United States from a foreign country, andland, … or who shall come within ninety days after the passage of the
