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Forbidden Citizens
Chinese Exclusion and the U.S. Congress
A Legislative History

By Martin B. Gold

"[A]n exemplary subject reference."
-- Library Journal
(full review 1-page PDF)

"Highly recommended. Lower-division undergraduates through faculty."
-- CHOICE (full review 1-page PDF)

Described as "one of the most vulgar forms of barbarism," by Rep. John Kasson (R-IA) in 1882, a series of laws passed by the United States Congress between 1879 and 1943 resulted in prohibiting the Chinese as a people from becoming U.S. citizens. Forbidden Citizens recounts this long and shameful legislative history.

"In other cases, we admit the people and exclude the individual. In the Chinese case, we admit the individuals and exclude the people."
--Representative Henry Naphen (D-MA) (1899-1903), 35 Cong. Rec. 3695 (1902) (§ 9.30)

Forbidden Citizens on HobnobBlog.

2012, 616 pages
LCCN: 2011943122

Softcover, $29.95
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1587332574
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BISAC:
HIS036042 History: United States - 19th Century/Gilded Age
LAW032000 Law: Emigration & Immigration
SOC043000 Social Science: Ethnic Studies - Asian American Studies

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Softcover    $29.95
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  Introduction

In 1907, immigration to the United States peaked at more than 1,285,000 (mostly European) immigrants. At twenty years old, my grandfather came to New York from Tsarist Russia the next year.  Speaking no English, he went to night school for language study. He found work in the garment industry, eventually owning his own business. Escaping religious persecution in the old country, he cherished American freedom. As soon as he was eligible, he became an American citizen. For the remainder of his life, America was not merely his home but his passion.

These opportunities were open to my grandfather because he was a European. Had he been Chinese, he almost surely would have been barred from entering the United States. And if, by a quirk, he had been admitted, he could not have gotten U.S. citizenship.

Immigrants have traditionally encountered social and economic obstacles as they seek to find a place in a new society. But the United States Congress subjected the Chinese to unique legal impediments aimed squarely and solely at them. Between 1879 and 1904, a time when immigration from Europe was wide open, Congress passed nine major Chinese exclusion bills. Two were vetoed, but seven became law. Anti-Chinese provisions were placed in other laws as well, such as those involving the annexation of Hawaii and the Philippines. When Congress finally repealed this immense body of legislation in 1943, fourteen statutes were affected.

The most notorious of these laws was popularly known as the Chinese Exclusion Act of 1882. But the Act was no isolated measure passed by Congress in a weak or misguided moment. Controversial when first proposed, Chinese exclusion rapidly became consensual--and Congress continued to tighten the policy.

These laws not only involved exclusion from immigration; they also outlawed Chinese citizenship, even for those who had arrived legally before the gate was closed in 1882. Once Congress forbade naturalization, the Chinese were exposed to repeated discrimination with no political recourse. Until the 1943 repeal, no Chinese born outside of the United States could become an American citizen.

It appeared simple to single out the Chinese for this treatment. Compared to Europeans, they were different in appearance, clothing, language, diet, religion, and social structure. Insisting that the Chinese could not assimilate into American culture, lawmakers simply would not permit them to do so. While pandering for votes, especially in the Pacific region, Democrats and Republicans alike found the Chinese easy prey.

Not that the political targeting of Chinese immigrants went unchallenged in Congress. Heroes were occasionally found on Capitol Hill. Great Senators such as Charles Sumner, Hannibal Hamlin, and George Hoar stood against exclusion. Representative William Rice was a leading opponent and Representatives Warren Magnuson and Walter Judd led efforts for repeal. But until 1943, opponents of exclusion were outvoted and, with each successive debate, their numbers dwindled.

Using senators' and representatives' own words, this book chronicles the sad and disturbing legislative history of the Chinese exclusion laws, with many passages transcribed from the actual debates. The appalling racism that permeated Congress becomes all too clear. Unfortunately, these vicious remarks were neither isolated nor atypical.

Members of Congress are quoted extensively. Even allowing for differences of expression over decades, the race prejudice in these debates is vivid. It is difficult to imagine that the exclusion bills could have been passed, even back then, if members of Congress had not ostracized the Chinese from the rest of American society.

The first piece of broadly anti-Chinese legislation to pass was the Fifteen Passenger Bill of 1879, described in Chapter Two, which President Rutherford B. Hayes vetoed.

However, the story really begins with the 1870 debate over naturalization rights, set out in Chapter One. But for a Senate filibuster led by Nevada's William Stewart, legislation very likely would have passed to grant legal Chinese immigrants a path to citizenship. As Stewart himself later proclaimed, had the Chinese become voters, there would have been no exclusion policy.

Chapters Three through Ten discuss exclusion debates from 1882 through 1904. Chapter Eleven is about the passage of repeal legislation in 1943.

During this period, China was in a state of continuous upheaval. The Qing Dynasty, which had ruled China from 1644, was disintegrating.  When it attempted to stop the import of opium into China by the British East India Company, the Qing suffered a defeat at British hands in the First Opium War (1839-1842) and then retreated in the face of ongoing Western interference.

Domestic unrest in China during this period was also rife. The Manchu Qing Dynasty was weakened by the Taiping Rebellion (1850-1864), as well as by the Boxer Rebellion (1900).

In these years, China was poor, backward, and generally unstable. As Congress implemented Chinese-American treaties, or legislated around them, it did not pay China's wishes much heed. The Dynasty was finally overthrown by the republican revolution movement late in 1911. 

Established on January 1, 1912, the Republic of China, led by the Nationalist Party (Guomingdang, also Kuomintang, or KMT) attempted to modernize and unify the country. However, the republic was beset first by conflicts with local warlords and then by a Communist insurgency. While conflict between the Nationalists and Communists raged, Japan occupied Manchuria in 1931, and, in 1937, launched a general Sino-Japanese war that lasted until 1945.

The United States entered the Pacific war in 1941, following the Japanese attack on Pearl Harbor. China and America allied to oppose a common Japanese enemy. Repeal of the exclusion laws in 1943 was a war measure, undertaken by President Franklin Roosevelt and Congress to bolster America's Chinese ally.

The exclusion story is unfamiliar to most Americans, especially those not of Asian heritage. Freed from the burdens of these unjust laws, Chinese-Americans have prospered in the United States. A people Congress claimed couldn't assimilate have assimilated so well that it's hard to find the evidence of past discrimination against Chinese in America.

Chinese-Americans have been leaders in business, the professions, sports, and the performing arts. And they've worked in the top ranks of American government. In the executive branch, Elaine Chao broke ground, serving as secretary of labor (2001-2009) for President George W. Bush. Gary Locke was the first Chinese-American to be chief executive of an American state, as the twenty-first Governor of Washington (1997-2005). Locke later served as secretary of commerce and then Ambassador to the People's Republic of China. Senator Hiram Fong (R-HI), a senator from 1959 to 1977, was the pioneering Chinese-American on Capitol Hill. Elected in 2009, Representative Judy Chu (D-CA) is the first Chinese-American woman to serve in either chamber of Congress.

Such success stories notwithstanding, the experience of early Chinese immigrants was uncommonly difficult because of legal discrimination against Chinese. The distress Congress caused for multiple generations of Chinese--those who were directly affected as well as their families--is still real. Shedding light on the past helps to ensure that such miscarriages do not recur.

For a more thorough discussion of the legislative procedures used in Congress, please see the Congressional Deskbook, also published by TheCapitol.Net.

This book's web site, ForbiddenCitizens.com, contains numerous links to additional information about the people, events, timelines, and other publications discussed herein, plus links to political cartoons from the era.

From the Introduction

  Table Of Contents

 

Summary of Contents

Introduction
The Principals
Ch. 1. A Question of Naturalization
Ch. 2. The Fifteen Passenger Bill of 1879
Ch. 3. The Twenty-Year Exclusion Debate in the Senate
Ch. 4. The Twenty-Year Exclusion Debate in the House of Representatives
Ch. 5. The Ten-Year Exclusion Legislation of 1882
Ch. 6. The Amendments of 1884
Ch. 7. The Scott Act of 1888
Ch. 8. The Geary Act of 1892
Ch. 9. The 1902 Extension
Ch. 10. Permanent Law
Ch. 11. Repeal
Epilogue

Back of the Book
Appendices
Index

Table of Contents
* = online link
About the Author
Introduction

The Principals

Chapter 1.  A Question of Naturalization
1.0Overview
1.10The Senate Debate: Background
1.11House Committee of the Whole
1.12Senate Committee of the Whole
1.20 Senate Debate, July 2, 1870: "A requirement disgraceful to this country"
1.21Chinese Forbidden from Holding Mining Claims
1.22Presiding over the Senate/House
1.30 Senate Debate, July 4, 1870: "They do not value the privileges of citizenship"
1.31Senator Sumner and Race Discrimination
1.32The First Chinese Student to Graduate from An American University, Yung Ming
1.33Original Oregon Constitution barred Chinese owning Real Estate and Mining Claims
  
Chapter 2.  The Fifteen Passenger Bill of 1879
2.0Overview
2.10 House Debate, January 28, 1879: "The most debased people"
2.11Denis Kearney and the Sandlot Orators
2.12Early China-U.S. Diplomacy
2.13The Page Act
2.14Absenteeism and Pairs in House and Senate Votes
2.20Senate Proceedings on the Fifteen Passenger Bill
2.21 Senate Debate, February 12, 1879: "Their sordid, selfish, immoral, non-amalgamating habits"
2.22 Senate Debate, February 13, 1879: "An indigestible element"
2.23 Senate Debate, February 14, 1879: "Wholly unfit to become citizens"
2.24Confucian Traditions and Family Relationships
2.25Chinese Oath Swearing
2.26 Senate Debate, February 15, 1879: "The brightest act of my life"
2.27James G. Blaine and the Argument for Exclusion
2.28The 19th Century Senate Versus the Modern Senate
2.29 * Chinese Population in the United States, 1860 - 1940 *
2.30The Next Step: The House Concurs in the Senate Amendments
2.40A Presidential Veto: Rutherford Hayes: "Strangers and sojourners"
2.50The House Attempts a Veto Override
  
Chapter 3.  The Twenty-Year Exclusion (S. 71) Debate in the Senate
3.0Overview
3.10Proceedings in the Senate
3.11Substitute Amendment to a Bill
3.20 Senate Debate, February 28, 1882: "A confession of American imbecility"
3.21The Politics of the 1880 Democratic Party and Republican Party Platforms
3.30 Senate Debate, March 1, 1882: "To shame, to weakness, and to peril"
3.31China-U.S. Diplomacy II
3.32The Know-Nothing Movement
3.40 Senate Debate, March 2, 1882: "Swarm upon us like locusts"
3.41Chinese and the Transcontinental Railway
3.50 Senate Debate, March 3, 1882: "Dregs of the countless hordes of China"
3.60 Senate Debate, March 6, 1882: "Will not assimilate"
3.70 Senate Debate, March 7, 1882: "An irrepressible conflict between them"
3.80 Senate Debate, March 8, 1882: "A storm of condemnation"
3.90 Senate Debate, March 9, 1882: "Fifty million sovereigns can be despotic"
  
Chapter 4.  The Twenty-Year Exclusion (S. 71) Debate in the House of Representatives
4.0Overview
4.10 House Debate, March 14, 1882: "Plant a cancer in your own country"
4.20 House Debate, March 15, 1882: "No more regard for his oath"
4.30 House Debate, March 16, 1882: "The repulsive specter of Asiatic squalor"
4.40 House Debate, March 18, 1882: "This exhaustless stream of yellow plague"
4.50 House Debate, March 21, 1882: "The assimilation of oil and water"
4.60 House Debate, March 22, 1882: "Who would have them for voters?"
4.61Role of the Bill Manager in the House of Representatives
4.70 House Debate, March 23, 1882: "The most hideous immoralities"
4.80A Presidential Veto: Chester Arthur: "A breach of our national faith"
4.90 Senate Veto Override Debate, April 5, 1882: "Will not disgrace our statute books"
4.91The Role of Precedent in Congress
  
Chapter 5.  The Ten-Year Exclusion Legislation of 1882
5.0Overview
5.10 House Debate, April 17, 1882: "A pack of hounds to hunt down any race"
5.20 Senate Debate, April 25, 1882: "A subject of deep respect and repentance"
5.21James A. Garfield and Race
5.30 Senate Debate, April 26, 1882: "Beyond the realm of political agitation"
5.40 Senate Debate, April 27, 1882: "They are parasites"
5.41Lue Gim Gong, "The Citrus Wizard"
5.50 Senate Debate, April 28, 1882: "A most degraded corruption"
5.60 House Session of May 3, 1882: The House Concurs in the Senate Amendments
5.70Enrollment and Presidential Approval: Chester Arthur
  
Chapter 6.  The Amendments of 1884
6.0Overview
6.10 House Debate, May 3, 1884 (H.R. 1798): "This is a white man's government"
6.20 Senate Debate, July 3, 1884: "Will repent in sackcloth and ashes"
  
Chapter 7.  The Scott Act of 1888
7.0Overview
7.10 Senate Debate, January 12, 1888: "Polluted with the curse of human slavery"
7.11Litigation As a Means of Resistance to the Chinese Exclusion Act
7.20 Senate Debate, March 1, 1888: "The world was created wrong"
7.21President Cleveland Responds
7.30 Senate Consents to the Bayard-Zhang Treaty
7.31 Senate Considers Legislation to Implement the Bayard-Zhang Treaty (S. 3304)
7.40House Proceedings on the Implementation Bill (S. 3304): "The hideous Mongolian incubus"
7.41 Senate Concurs in the House Amendment, and China's Reaction: "A response of outrage"
7.50The Scott Act (H.R. 11336)
7.51 House Debate, September 3, 1888: "The truth is a merchantable commodity"
7.52 Senate Debate, September 3, 1888: "Deport every single one of them"
7.53 Senate Debate, September 4, 1888: "An inferior race"
7.54 Senate Debate, September 5, 1888: "Homogeneity in races"
7.55 Senate Debate, September 6, 1888: "A cruelty and an outrage"
7.56 Senate Debate, September 7, 1888: "Stop this ulcer"
7.57 Senate Debate, September 10, 1888: "China is our great friend"
7.58 Senate Debate, September 11, 1888: "The evil will go on increasing"
7.59 Senate Debate, September 13, 1888: "That seething, roaring, blood-curdling curse"
7.60 Senate Debate, September 14, 1888: No quorum means stalemate
7.61 Senate Debate, September 17, 1888: Passage
7.62 House Debate, September 20, 1888: "A demagogical way to make some capital"
7.70President Cleveland signs the Scott Act, October 1, 1888
7.80A Political Note
  
Chapter 8.  The Geary Act of 1892
8.0Overview
8.10 House Debate, April 4, 1892: "An absolute abrogation"
8.20 Senate Debate, April 13, 1892: Time was of the essence
8.21 Senate Debate, April 21, 1892: "Goes far beyond any bill"
8.22 Senate Debate, April 22, 1892: "A harsh proceeding"
8.23 Senate Debate, April 23, 1892: "A very shrewd people"
8.24 Senate Debate, April 25, 1892: "Intense feeling of antagonism"
8.30Bicameral Agreement: Conference Report: "One credible white witness"
8.31 Senate Debate, May 3, 1892: "He does not stand like an ordinary person"
8.32 House Debate, May 4, 1892: "The old slavery days returned"
8.40Chinese Registration under the Geary Act
8.41Chinese Food in America
8.42Mexico, Canada, and the Chinese
  
Chapter 9.  The 1902 Extension
9.0Overview
9.10 Senate Debate, April 4, 1902: "One of the great policies of our country"
9.11 Senate Debate, April 5, 1902: "Amplest assurance of American friendship"
9.12Boxer Rebellion (1900)
9.13 Senate Debate, April 7, 1902: "Obnoxious social conditions"
9.14 Senate Debate, April 8, 1902: "They came like locusts"
9.15The Panic of 1873
9.16The Qing Dynasty Under Siege
9.17Politics and Immigration Enforcement--The Bureau of Immigration
9.18 Senate Debate, April 9, 1902: "Narrow, bigoted, intolerant, and indefensible"
9.19 Senate Debate, April 10, 1902: "The Chinese must be kept out"
9.20 Senate Debate, April 12, 1902: "Mere question of legislative detail"
9.21 Senate Debate, April 14, 1902: Parsing words
9.22Imperialism and the Open Door Policy
9.23 Senate Debate, April 15, 1902: "Ruthlessly disregards treaty rights"
9.24 Senate Debate, April 16, 1902: "If I stand alone"
9.30 House Debate, April 4, 1902: "Largely a Pacific question"
9.31 House Debate, April 5, 1902: "To arouse this sleeping five-toed dragon"
9.32 House Debate, April 7, 1902: "Clearly unconstitutional"
9.40Resolving Differences Between the Senate and the House: Senate Debate, April 17, 1902
9.41Resolving Differences Between the Senate and the House: Further Proceedings on H.R. 13031, as amended
  
Chapter 10.  Permanent Law, 1904
10.0Overview
10.10 Senate Debate, April 8, 1904: S. 5344: Separating laws and treaties
10.20 Senate Debate, April 22, 1904: H.R. 15054: "There would have been great trouble"
10.21Reaction from China to the 1904 Legislation
10.22In the Year of Permanent Exclusion: The Detention of Soong Ailing
  
Chapter 11.  Repeal
11.0Overview
11.10The Last Emperor, China, Japan and WWII
11.20H.R. 3070 and The House Committee Report, October 11, 1943
11.21The Structure of the National Origins Quota System
11.22The War Brides Act of 1945
11.30H.R. 3070 and House Debate, October 20, 1943: "Important in the cause of winning the war"
11.31Madame Chiang Kai-shek speaks to the Senate and to the House, February 18, 1943
11.32Extraterritoriality and Other Concessions
11.33The Europe-first Strategy
11.34Citizens Committee to Repeal Chinese Exclusion
11.40H.R. 3070 and House Debate, October 21, 1943: "Face is not just oriental"
11.41Motion to Recommit in the House
11.50H.R. 3070 to the Senate
11.51Senate Committee Consideration
11.52 Senate Debate, November 26, 1943: "The white man feared the onrush of the yellow man"
11.60Bill Enrollment and Presidential Signature
  
Epilogue
  Epilogue (2-page PDF) *  (112th Congress: S.Res. 201; H. Res. 683)
  
Appendices
1Review and Discussion Questions
2Burlingame Treaty (1868)
3Naturalization Act of 1870 (16 Stat. 254)
4 * Fifteen Passenger bill (1879) and Veto Message of President Rutherford Hayes of the Fifteen Passenger bill, March 1, 1879, 1879 Congressional Record-House 2275-2277  (11-page PDF) *
5Angell Treaty (ratified 1881)
6Veto Message of President Chester A. Arthur of Senate bill No. 71, April 4, 1882
7Chinese Exclusion Act, S. 71 "An act to execute certain treaty stipulations relating to Chinese." (Sess. I, Chap. 126; 22 Stat. 58. 47th Congress; Approved May 6, 1882.)
8Gresham-Yang Treaty (1894)
9 * The 1902 Extension: "An act to prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent" (Sess. I Chap. 641; 32 Stat. 176; 57th Congress; April 29, 1902) *
10 * Permanent Law, 1904 (Sess. 2 Chap. 1630, Section 5, 58 Stat. 428, April 27, 1904) *
11 *Magnuson Act (Chinese Exclusion Repeal Act of 1943), H.R. 3070, "An act to repeal the Chinese Exclusion Acts, to establish quotas, and for other purposes." ((78th Congress, Sess. I, Chap. 344; H.R. 3070; Pub. L. 78-199; 57 Stat. 600. December 17, 1943) (2-page PDF) *
12 *Chinese Immigration Laws Timeline *
13 * Bibliography *
14 *Additional Resources: Related Publications, People, Internet Resources, Timelines, and  Political Cartoons - TCNFCA.com *
Index
Acknowledgments
About the Author


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Rave Reviews

"Our nation has the greatest ideals, standing as that 'city upon a hill' for the world over to look toward with hope. Yet we have not always been as welcoming as we have proclaimed. Forbidden Citizens by Martin Gold tells the story of the exclusion of a specific group, the Chinese people, for racial reasons that were expressed in the most shocking terms. It is thorough, thoughtful, and highly relevant today. This work presents the best scholarship in the most accessible manner."
-- Frank H. Wu,
Chancellor & Dean, University of California Hastings College of the Law, and the author of Yellow: Race in America Beyond Black and White (Basic Books)

 

"[L]andmark volume on the subject of exclusionary policies against Chinese and Chinese Americans ... a valuable teaching tool ... an exemplary subject reference."
-- Library Journal (full review)

 

"Forbidden Citizens presents a skillful review of the long and tortuous path from temporary to permanent exclusion of the Chinese from immigration and citizenship. It is rich raw material for scholars of race relations and immigration that deftly weaves legal history, congressional debates, regional and national history, and the relation of foreign policy and immigration."
-- Najia Aarim-Heriot,
Professor, State University of New York at Fredonia, and the author of Chinese Immigrants, African Americans, and Racial Anxiety in the United States, 1848-82 (University of Illinois Press)

 

"Through engaging narrative, Forbidden Citizens expertly tells a story unfamiliar to most Americans, one that left a permanent scar upon the psyche of Chinese Americans and changed our nation forever. Martin Gold's thorough and pioneering research into decades of Congressional history brings to life the politics of Chinese exclusion in a way no one has."
-- Judy Chu, United States Representative (D-CA)

 

"In Forbidden Citizens, Martin Gold offers a sweeping and impressive documentation of the long and shameful legislative history of the mistreatment of the Chinese in this country. Forbidden Citizens is an exhaustive piece of research that will appeal not only to legal scholars and civil rights activists, but to any American curious about this grim chapter of our history."
-- Christopher Corbett,
author, The Poker Bride: The First Chinese in the Wild West (Atlantic Monthly)

 

"Forbidden Citizens is a captivating recount of grave and forgotten injustices and efforts to correct them. No one knows more about the United States Congress than Marty Gold, and he engages the reader in a way only he can."
-- Orrin Hatch, United States Senator (R-UT)

 

Anti-Chinese violence, discrimination, and rhetoric have a long, sordid history in America. It began with the first Chinese immigrants to North America in the 1840s and in some ways, at least rhetorically, continues to the present day. The anti-Chinese movement often took a federal political form that proved amazingly complex; and for the first time this legal history has been carefully and thoughtfully explained in Forbidden Citizens, from the initial congressional debates in the 1870s, through the passage of no less than nine Chinese exclusion laws, to the eventual repeal of fourteen statutes in 1943. All can be found in this one volume. It is a monumental achievement."
-- John R. Wunder,
University of Nebraska-Lincoln, and author
Inferior Courts, Superior Justice: A History of the Justices of the Peace on the Northwest Frontier, 1853-1889 (Greenwood Press)

 

"Forbidden Citizens is a moving account of a regrettable part of American history. Marty Gold has done us all a service by bringing this story to light so that our past mistakes are never repeated."
-- Scott Brown, United States Senator (R-MA)

 

"An important piece of scholarship, which vividly depicts the intensity of anti-Chinese and anti-Asian feeling that was widespread even among our intellectual and political elite only a century ago."
-- Stephen Hsu,
Professor of Physics, University of Oregon

 

"Martin Gold presents in welcome detail both the disturbing story of how the U.S. Congress came to enact a series of federal laws that singled out Chinese immigrants for discriminatory treatment, and the story of how those laws were repealed.

Beginning with the Chinese Exclusion Act in 1882, these laws were the first time in our nation's history that Congress expressly singled out a group of immigrants for denial of citizenship rights, and for special exclusion under its immigration laws. But, as to the latter course, it was certainly not the last. There is a straight line from the enactment of the exclusion laws to the exclusionary immigration laws of the 1920s that effectively sealed the doors of the United States to Jews who might otherwise have been able to flee the conflagration of Nazi-occupied Europe.

We do well to remember that the protection of the rights of any of us depends on protecting the rights of all. Gold's book is a stirring and timely reminder of that principle."

-- Richard T. Foltin,
Director of National and Legislative Affairs, American Jewish Committee (AJC)

 

"Martin Gold's exceptional scholarly research on the legislative history of Chinese Exclusion Laws provides a compelling and troubling account of how Congress, a democratic institution of the people, enacted a series of discriminatory laws so contrary to our founding principles. Hopefully, this publication will not only bring to light the historic injustice inflicted on Chinese and Asian Americans because of these laws, but also offer a lesson on why we should not repeat this dark chapter in American history."
-- Michael C. Lin,
Chairman, 1882 Project



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