Wartime Measure of 1941 – Entry Into The U.S. By Businessmen’s Approval


By 1941, World War II was raging across Europe and the mood of the good people of the United States was pretty surly. The Defense Department was in need of a study supply of goods and services to supply the nation’s military that was engaged in a conflict of unprecedented scale in modern history. Every person in America was barely getting by after the lean years of the Great Depression. Big industry was raking in war profits hand over fist and the little guy wanted his share. President Roosevelt just wanted everyone to behave themselves, report to work and churn out the mechanical parts, machines, steel, coal, transportation and ships the country needed to keep our soldiers moving and the nation bankrolled. This created the conditions which resulted in legislation creating yet another change to the country’s immigration policies.

In 1941, labor unions were seriously flexing their muscles. Beginning in January and lasting until April, laborers at the Allis-Chalmers Manufacturing Company of Milwaukee dug in for a long strike over whether the company would be a “closed shop” or if workers could opt out of union membership. Bethlehem Steel Corporation of Pennsylvania, which had a long history of profiting from government defense contracts as well as a long history of organized workers, held a five day strike in March over the election of new collective bargaining representatives. In the following month of April, over four hundred thousand Appalachian coal miners organized a strike over a wage dispute. After a month of such shenanigans President Roosevelt got involved to assist in negotiating an agreement.

American citizens were quickly developing anti-labor sentiments. Strikes throughout the nation continued to keep the population embroiled in controversy no matter which side of the fence someone sat. Most Americans were simply happy to be employed after the jobless years of the Great Depression. The nation looked to its elected leaders to resolve these conflicts once and for all so everyone could focus on the American way of life, earning a paycheck then cashing and spending it. The U.S. government’s solution to all this industry mayhem was to pass the Smith-Connally Act on June 25, 1943 (also called War Labor Disputes Act) which gave the president authority to seize and operate private industries critical to manufacturing war products. This power was exercised by President Roosevelt twice within two months of its passage, and later, in October, when there was a strike at Air Associates, Inc.

In June President Roosevelt exercised emergency powers to commandeer North American Aviation in California as a result of a labor strike. August 20th, motor coach and street car operators affiliated with the AFL went on strike forcing over 400,000 Detroit workers who depended on public transportation to walk, hitch-hike or car pool. Also happening in August, workers at New Jersey’s Federal Shipbuilding and Drydock Company rejected an agreement put forth by the National Defense Mediation Board panel and a seventeen day strike commenced. Later that month President Roosevelt seized control of the plant.

Many Americans were not supportive of the disruptions created by organized labor and strikes. Typical cultural sentiment was to just get to work and not cause trouble. Do your part as an American and keep the country moving forward. Not only did the majority of the population support legislation that kept unions in check, they were also desiring policies that would prevent foreign rabble-rousers from importing their Socialist ideas and throwing a monkey wrench in all this progress. Although the economic tide was turning, people were still suffering privations because of how disastrous the Great Depression had been. Overall, at this time, the United States was seeing economic improvement but full-fledge prosperity was still some time away.

As a result of these concerns, the United States thought new immigration legislation was necessary for national security. The 1941 Wartime Measure of June 20th provided for refusal of entry for any immigrant if an American diplomat or consular thought their purpose was to cause trouble. It was rather vague in interpretation and application. It would eventually be exercised to its fullest extent after Japan attacked Pearl Harbor. Two months after the attack, by the power of  Executive Order 9066, approximately 120,000 Japanese were forced into internment camps on American soil. Of those prisoners, sixty-two percent were U.S. citizens. This injustice, yet, only ten people were ever convicted of spying for Japan and they were Caucasian.

Two months after the passage of this Act, President Roosevelt met with British Prime Minister Winston Churchill in Newfoundland to create their war effort plan known as the Atlantic Charter. Considering the amount of time and planning for two heads of state to meet at a neutral location, it is safe to assume that at the time legislators were working on this new immigration policy, they did so with full knowledge it was in preparation for the country moving toward entering the war. To get into America now, you had to pass muster of the personal opinion of an American diplomat or consular. Who were these diplomats? Were they even qualified to make such a determination of a person?

One American diplomat at this time was W. Averell Harriman. He was a U.S. diplomat who carried on dialogue with the Soviet Union during the conflict of World War II. During 1932-1946 he was chairman of the board with Union Pacific Railroad Company. An enviable position probably secured for him by his daddy, railroad bigwig E.H. Harriman. Hey, the gringa understands all about nepotism. It is regularly practiced here in the barrio with Junior heading out to work right beside Big Daddy on a regular basis. But, does working as a railroad wheeler-dealer qualify a person to decide if another person will make a good U.S. citizen?

Harriman also served as an officer of the National Recovery Administration from 1940-1941, which assisted in developing Roosevelt’s New Deal scheme. Specifically, he advised on the provisions that eliminated what would be considered “cut throat” competition and establishing “fair practices” in industry and trade. He also sat on the National Defense Advisory Commission as well as the Office of Production Management.

He made a career as an effective negotiator between the United States and Great Britain as well as the United States and the Soviet Union. Harriman’s profile was the typical resume for American diplomats. Boardroom negotiators have what it takes to navigate treaty talks with other nations.

American diplomats sound like great guys in stiff suits. The gringa’s just not so sure they would really be the go-to guys that would understand the heart of an immigrant, who probably didn’t even own a suit. In a nutshell, as a capitalist utopia run by the rich white guys, the gringa thinks the immigration changes of 1941 were appropriate for the times, but enacted and enforced by the wrong folks. But, that’s no surprise. War has always resulted in reactionary legislation that, in hindsight, causes the people to say, “What the hell were we thinking?”, from the Wartime Measure of 1941 to the Patriot Act of 2001. Say it ain’t so.

Addendum:  I would like to thank Samir Chopra for his encouragement and his own contribution to the story of American immigration. For an interesting read, please visit his blog and read the following article “The Cruelest Cut Of All: Punjabis Are Not White“. This link will take you directly to it…   http://samirchopra.com/2015/04/09/the-cruelest-cut-of-all-punjabis-are-not-white

Sources:

http://library.uwb.edu/guides/usimmigration/1941_wartime_measure_1.html

http://www.intellectualtakeout.org/library/primary-sources/1941-wartime-measure

http://www.independent.org/newsroom/article.asp?id=138

https://history.state.gov/milestones/1937-1945/war-time-conferences

http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2149&context=lcp

http://newdeal.feri.org/survey/sg41578.htm

http://www.britannica.com/topic/Smith-Connally-Anti-Strike-Act

http://www.historyonthenet.com/ww2/japan_internment_camps.htm

http://www.britannica.com/biography/W-Averell-Harriman

Photo credit:  wikipedia

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1940 Nationality Act – Hypocrisy and Double Standards


In the late 1930’s the United States was once again scratching away at the parchment writing out the legal parameters of the Nationality Act of 1940. The problematic parts of the legislation are certiain conditions that, if not met, a person’s citizenship “automatically expires”, with no due process.

What was going on in the country that had lawmakers going to such efforts as to write new laws? With the country in the throes of the Great Depression, its economic effects rippled throughout the world. People from other countries did not have the means to emigrate. Also, because of the restrictive immigrant laws of 1924, many immigrants had been deported. As the threat of a second World War intensified throughout Europe, refugees began to challenge America’s restrictive immigration policies, although rarely successful. The gringa wants to know the facts. Digging a little deeper is required.

By the 1930’s, the religious landscape of the nation had changed. America has been historically viewed as a nation founded by, created by and governed by Christians. By the year 1930, however, the population of Jews outnumbered the ranks of the Episcopalians and Presbyterians combined. Eastern European Judaism was the predominant Jewish culture in the U.S. They assimilated into American culture but designed community programs in order to maintain their distinctly Jewish heritage. Despite their “Americanism”, many schools and colleges blatantly discriminated against Jews. With public figures like Henry Ford openly criticizing the patriotism and character of America’s Jewish population, it’s no surprise that violence was commonly visited upon Jews during this period of U.S. history.

America was becoming infatuated with it’s own national identity. Folk culture became popularized with the Library of Congress even beginning to collect American folk songs. American intellectuals churned out thoughtful manifestos such as “I’ll Take My Stand”, by the Southern Agrarians who desired a return to the simple way of life of agriculture. In direct contrast was Lewis Mumford’s “Technics and Civilization” which was more forward focused on developing technology to advance U.S. capitalism through a new age of modernism.

Such modernist ideas were reflected in the architecture and art of the 1930’s. The 1939 World’s Fair in New York made it clear to the world that America wanted to leave behind the anorexic economy of the Great Depression and this would happen through the development of “the world of tomorrow”. This “world of tomorrow” was pictorialized in America cinema and television shows of the era. This was the birth of the superhero, like Superman and the Lone Ranger. Hollywood also played a critical role in producing forms of entertainment that also served as propaganda to lift American spirits out of the defeatist spirit of the Great Depression. This was when the world was introduced to an American original comedy genre, slapstick and screwball. The financial disaster of the Great Depression gave way to fantasy and longings for a modern, futuristic world.

The nation’s economic solution for the people’s relief from the suffering of the Great Depression was the New Deal. This was not specifically a cure, but more of a stabilizing plan. This would enable people to get their feet back under them so they could focus on what Americans do best, make money. Because social and economic salvation came through the government, American perspective toward the government began to change. Americans who previously were suspicious of too much government control and power were now more inclined to believe that the intentions of Big Brother had the citizens’ best interest at heart.

As people in the United States are looking forward, the Japanese are looking back. After years of chafing at the political insults America meted out to Japan through immigration policies, on December 29, 1934, Japan renounced the Washington Naval Treaty it had entered into with America in 1922.

Five years later, 1939, Germany invades Poland. After a year of appeasement fails, aggression by Nazi Germany begins the Second World War. September 5th of that same year, the United States declares its neutrality. The U.S. had complete confidence in its isolationist position because by that time we already had the A-bomb thanks to refugee Albert Einstein that America welcomed to its shores in 1933 as he fled from the Nazis. And thus begins a flood of European immigrants seeking to escape the horrors of war which inspired the nation, known as the great hope of the hopeless, to once again reveal its true capitalist colors and reform the nation’s immigration and citizenship policies with the 1940 Nationality Act.

Section 201 of this act declares citizenship at birth for any child born outside the U.S. of at least one parent who is a U.S. citizen. This parent must have lived within the U.S. or any of its territories for a minimum of ten years, with at least five of those years being after the age of sixteen years. In order for the child to maintain U.S. citizenship status the child must live within the U.S. or any of its territories for five years between the ages of thirteen and twenty-one years. These, of course, being the formative years of primary education and higher education. The nation wanted assurance that during those critical years the child was in the U.S. being indoctrinated with educational propaganda in the public schools in order to shape the mind of the child into a good patriot. If these residential conditions are not met, the child’s U.S. citizenship automatically expires without due process.

Section 401 contains wording that provides for the revocation of U.S. citizenship if a person votes in a political election of another country. This particular requirement created legal challenges that resulted in inconsistent action by the U.S.

In 1958, U.S. district courts ruled in Perez v. Brownell. Clement Martinez Perez was a U.S. citizen born in El Paso, Texas who traveled back and forth between the U.S. and Mexico, residing in either country for extended periods of time. At some point he voted in a Mexican election. Perez lost his U.S. citizenship based on the court’s finding that Congress can revoke citizenship regardless if the action qualifying for the loss of citizenship is intentional or unintentional. The Supreme Court upheld the decision based on the Necessary and Proper Clause of Art. 1, 8, clause 18 of the Federal Constitution which states that voting in a foreign political election means a withdrawal of U.S. citizenship. The purpose of this clause is so that the U.S. can avoid international embarrassment by Americans getting involved in foreign affairs.

Nine years later the United States reverses its position. Beys Afroyim, who arrived in the U.S. in 1912, a Polish immigrant, and was naturalized in 1926, also became an Israeli citizen in 1950. He voted in six separate Israeli elections. He applied with the U.S. Consulate in Israel for an American passport. At first he was refused based on the same legal position attached to Perez in 1958. Taking his case all the way to the Supreme Court, the judge determined that Afroyim had not shown intent to lose his citizenship when he participated in Israeli elections. However, this was a direct contradiction to the published court opinion of the Perez case.

Due to the country’s special relationship with the nation of Israel, Americans can hold dual citizenship here and in Israel. That is not the case with Mexico. The gringa suspects the reasoning behind the special relationship with Israel is founded in religion and guilt.

Proof of the nation’s guilty conscience resonates in the words of President Truman after the war, “I urge the Congress to turn its attention to this world problem in an effort to find ways whereby we can fulfill our responsibilities to these thousands of homeless and suffering refugees of all faiths.” Now, if guilt is the reason for the special relationship between Israel and America, the gringa is okay with that. After all the United States should have a guilty conscience for not opening the immigration gates for the lambs who were trying to escape the slaughter.

However, if religion is the basis for this international special relationship, the gringa says, “We gots us a problem.” According to the First Amendment of the U.S. Constitution, “Congress shall make no law respecting an establishment of religion.” If religion is the basis for a special relationship between the United States and Israel, resulting in laws being applied in a prejudicial fashion between Americans of different ethnicities, I believe that is some pretty clear evidence of racism as well as a violation of the spirit of the Constitution.

The gringa thinks the District Court of 1958 and the Supreme Court of 1967 has got some splainin’ to do because it seems America’s “world of tomorrow” was one of racial double standards.

Sources:

https://americansabroad.org/files/3013/3478/0295/18-04-2012_1318_971.pdf

http://www.prothink.org/2008/03/27/the-1940-nationality-act/

https://en.wikipedia.org/wiki/Perez_v._Brownell

http://www.libertyellisfoundation.org/immigration-timeline#1930

http://nationalhumanitiescenter.org/tserve/twenty/tkeyinfo/jewishexp.htm

http://www.digitalhistory.uh.edu/disp_textbook.cfm?smtID=2&psid=3452

http://americasbesthistory.com/abhtimeline1930.html

Photo credit: www.designarchives.aiga.org

Emergency Quota Act of 1921 And The Spirit of Eugenics


Immigration policies of 1921 depict a government using legislation to design a population. New immigration laws were created to control the flow of immigrants into the United States according to ethnic and education classes. Laws of 1917 were to weed out undesirable classes of immigrants that had certain mental and physical health problems as well as prevent poor people from entering the U.S. In 1907 the country slammed the door on the Japanese. 1888 was the year the Chinese were rejected. 1875 established that America’s home-grown hookers were acceptable but Chinese hookers were not. Does the dear reader see a pattern emerging or is the gringa guilty of paranoid conspiracy theory syndrome?

1921 was just more of the same as far as America’s national racist agenda. If the country had not yet been clear enough that only upper class white immigrants were the preferred class of immigrants, legislators decided to pass one more Act just to make sure the rest of the world heard us loud and clear. The first thing they did was place limits on the number of people that could immigrate. True to form, our nation’s bureaucrats adopted a complicated formula of basing immigration numbers to three percent of the number of foreign born people, designated by ethnicity, according to the 1910 census. In other words, all counted immigrants would be classified by country of birth, then tallied to come up with totals of how many immigrants of each nationality were present in the U.S. This total would be used to determine the three percent who would be allowed in for the year. For example, if there were 100 German immigrants on the 1910 census, only three new German immigrants would be allowed entry. In 1921, America added controls and limits on European immigration to their dirty laundry list of discriminatory acts.

The wording of the legislation seemed to be an honest attempt to sound unbiased and fair since it’s all based on the numbers, right? WRONG! Have my dear readers not learned anything since I’ve been blogging about all this immigration mess from the beginning of the nation’s origin? Haven’t we discovered along this journey that every immigration law passed in the United States has thus far been motivated by greed and racism? Has it not been revealed that American bureaucrats are master propagandists determined to convince the world of the humanitarian spirit of the nation when the real truth is that the U.S. is a nation designed to be a capitalist utopia? Why in the world, then, would anyone be fool enough to think that suddenly, in 1921, immigration laws would be passed that would actually be fair and show no preference for one ethnicity over another?

First of all, the act provided exceptions for immigrants who were artists, performing artists, professionals, or religious leaders. These types of people were always acceptable no matter what their skin color or language barrier. With regard to how the details were actually applied and worked out, a thorough study of the end result numbers makes it clear that masters of deception were at work skewing the numbers in favor of certain ethnicities. When you get right down to the nitty gritty, bottom line, immigration figures actually reflect that the Act had little impact on the number of immigrants allowed into the country who originated from northern and western Europe. There were no limitations placed on immigrants from the Western Hemisphere. It was the “other” people that Americans were worried about.

This Act was right on the heels of the close of World War I. After the first Great War, practically all of Europe wanted to start over in the New World. Americans were afraid of the country being flooded with undesirable classes of people. This racist pressure motivated U.S. lawmakers to use this seemingly “fair” legislation to discriminate in order to prevent an influx of immigrants who would not properly assimilate into white American culture. Preferred ethnicities originated in western and northern Europe. Southern and eastern Europe were home to the “undesirables” such as the Polish, Greeks and Italians.

Ethnicity and culture was not the only consideration America had on their minds. At this time the United States didn’t need to import cheap labor any longer because the country now enjoyed a steady supply via Canada and Mexico. The nation didn’t want new working class people showing up and possibly causing a drop in wages for the existing working class. When immigration law was actually applied, professionals enjoyed fewer restrictions while working class people found it harder to gain entry to the country.

As I read through the Act, the word “eugenics” kept popping up in my mind. Although limited by a lack of technology in 1921, the spirit and philosophy of eugenics was alive and well in U.S. politics. If eugenics endeavors to improve humans by controlling reproduction in order to weed out undesirable inherited characteristics, America sought to do this through immigration control. That was the spirit of 1921 America. Has the white majority really advanced much further in its social tolerance of today? To be on the safe side, this poor, working class, epileptic gringa chooses to stay where such prejudice doesn’t exist, in the warm, accepting arms of la gente de mi barrio.

Sources:

http://library.uwb.edu/guides/usimmigration/1921_emergency_quota_law.html

http://immigrationinamerica.org/589-immigration-act-of-1921.html

http://northamericanimmigration.org/95-emergency-quota-act-united-states-1921.html

Photo credits:  www.in.gov

1917: The Year I Would Have Been Banned From The U.S.


Chapter 29 of the Second Session of the Sixty-Fourth Congress of the United States of America, February 5, 1917, passed “An Act To regulate the immigration of aliens to, and the residence of aliens in, the United States” (also called the “Asian Barred Zone” if you want to do some research yourself). If I had been alive and not a U.S. citizen at the time this legislation took effect, I would have been among the immigrant hopefuls who would have been banned from entry. I would have been a “defective” person on the “prohibited” list, an “undesirable”.  That’s what this piece of law was all about. The United States was expanding its category of people to discriminate against. Rather than list all the legal rigmarole that are the basic nuts and bolts of the wherefores and heretofores, the gringa will get to the heart of the matter. I will focus on the sections that express the minds and wills of the white majority of the United States in 1917.

Section one defines the term “alien” as any person not a native-born or naturalized citizen of the U.S., but specifically excludes the Native Americans of North America and the Native Islanders of U.S. territories. At this time the Philippine Islands and Hawaii were U.S. territories. Once the term alien was defined, the U.S. could then make it clear who was, and who was not, invited to the party. The following were to be banned from entry into the United States:

  • Idiots (good thing all those legislators got here before 1917)
  • Imbeciles
  • Feeble-minded
  • Epileptics (that would be me)
  • Insane persons
  • Anyone who had a single attack of insanity at any point in their life (that rules out pretty much everyone I know here in the barrio where shit gets real from time to time)
  • Persons with a “constitutional psychopathic inferiority” (At first I thought that must mean psychopaths, until I looked up the definition of those words according to that time period. “Constitutional” means a condition you are born with. “Psychopathic” means regarding the realm of the mind or emotions. “Inferiority” means sub-standard in function, adaptability and self-progress. So, persons who were born with a mind, or set of emotions, that was below average were prohibited.)
  • Alcoholics
  • Paupers
  • Professional beggars
  • Vagrants
  • Persons sick with a contagious disease
  • Persons with a mental or physical defect that would affect the ability to earn a living
  • Convicted felons of moral crimes
  • Polygamists (again, the Mormons)
  • Anarchists
  • Prostitutes
  • Contract laborers
  • Persons likely to become a public charge
  • Persons who had their passage paid for by another party
  • Stowaways
  • Unaccompanied minors
  • Asians not originating from a U.S. territory
  • Prior deported persons
  • Illiterates, unless returning residents or immigrating to escape religious persecution

The classifications of some of these people, such as, idiots, imbeciles, beggars, epileptics, feeble-minded, physically defective, etc., became the basis for a following trend in American municipalities to pass what were commonly called “ugly laws”. Not only did the white majority in America want a “white” America, they also wanted a “pretty to look at” America. It remains ironic that these same classes of people who were prohibited from entering the country would often pass by the Statue of Liberty in New York harbor, an icon of hope, bearing a plaque which read:

“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tossed to me,

What a big, fat, American lie. And America’s been lying to everyone since the day the Puritans first set foot on the shores of Plymouth. The immigrants here in my barrio, however, are nobody’s fools. What I find incredibly interesting is that most of my immigrant neighbors are better educated on the true history of America than most native born Americans. Where they got a stiff dose of startling truth in mandatory world studies of their country of origin’s education systems, we native Americans get brainwashed with the propaganda machine our country created to make us good little American boys and girls, isolated from the rest of the world, and puffed up with a sense of superiority. Being a gringa in the barrio is a humbling experience. Especially when I realize that many of my immigrant neighbors were not on my country’s reject list like I, myself, would have been.

Sources:

http://library.uwb.edu/guides/usimmigration/39%20stat%20874.pdf

http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=2850&context=jclc

https://books.google.com/books?id=pXW69O5po3AC&pg=PA165&lpg#v=onepage&q&f=false

Photo credit:  en.wikisource.org

Gentlemen’s Agreement of 1907 – Proof Of U.S. Insanity?


As I researched materials for this week’s blog about the next chapter in United States immigration policies, the gringa found it difficult not to burst out in sarcastic laughter at the audacity of American legislators to entitle a piece of racist immigration policy a “Gentlemen’s Agreement”. I don’t find anything at all “gentlemanly” about the racism that permeated white American society toward the Japanese. The country had already kicked out the Chinese. I suppose it was only logical that the Japanese would soon be getting their eviction notices as well.

Although Theodore Roosevelt is generally thought of with affection and romanticized as a rough and tumble “man’s man” in our nation’s presidential histories, the truth is, he was just another racist president in a long line of racist presidents. Although we can thank him for our wonderful national parks system and for creating the Food and Drug Administration, I give him a big “up yours” for the Gentlemen’s Agreement of 1907. A “real” man would have stood up for what was right, which would have been to tell the bratty, white Americans to behave themselves, quit their temper tantrum throwing, be accountable for their own plight rather than play the blame-game and point fingers at the Japanese, treat their fellow human beings with dignity and respect regardless of race and skin color and to hell with re-election popularity for the party. I mean, in the barrio that’s how we mamacitas roll.

The years preceding this agreement the United States experienced a labor shortage. Probably because of their short-sighted, emotional, racist actions that resulted in expelling and banning Chinese immigrants whom they had originally imported for cheap labor. The solution to this new labor shortage was to import a new group of cheap labor. The United States turned to Japan. In 1895 the Anglo-Japanese Treaty was ratified by both nations and provided the framework for open immigration between the nations, as well as equal rights of residency and property ownership for immigrants of either nation. Japan became the new favored nation for the U.S., and we all know how well that turned out for China just twenty years earlier.

When Japanese immigration subsequently increased, California once again led the charge of social hostility toward a particular ethnic working class group. After San Francisco’s memorable earthquake of 1906, schools had to be rebuilt. Taking advantage of this opportunity, the racists of California that had revived their hatred of the Chinese and redirected it toward the Japanese, supported the decision by the San Francisco school board to segregate schools according to a specific Japanese/Caucasian line just as they had already done with the Chinese.

Such discriminatory actions struck a nerve when word traveled back to Japan. President Teddy made an effort to smooth things over with Japan. Now, don’t jump to any conclusions about President Roosevelt actually caring about the feelings of the Japanese. His desire for friendly relations with the Japanese had nothing to do with any form of admiration for their culture. The U.S., as usual, had only one interest, securing power and wealth for the nation.

At this time in history, the biggest threat to power and wealth for the United States was Russia. From 1850 until 1910 Russia was second only to America in population growth. After the terrible insult the United States had given the Chinese, China established broad and extensive trade relations with Russia. Russia was even allowed to build a naval base and sea port in the city of Vladivostok. Before the Treaty of Peking in 1860, the city of Vladivostok had been Chinese territory and was called Hǎishēnwǎi, which, translated, meant “Sea Cucumber Cliffs”. Things were warm and fuzzy between the Chinese and Russia in 1907. Understanding the true history behind the relationship of this political love triangle, I now am not so naïve as I once was when my nation’s propaganda machine goes into high gear depicting Russia and China’s alliance as a great threat to our nation. The gringa can only cock her head, squint her eyes, poke her finger at the White House, and say, “You started this big mess with your two-faced, racist, back-stabbing, behavior toward the Chinese!”

By 1907 Russia’s expansionist policies were evident to the rest of the world. It had also set its sights on Japan. Russia’s ally, China, had been engaged in hostilities with Japan for some time. In 1895 Japan achieved an important victory that led to Russia getting involved in the conflict. Ultimately President Roosevelt would negotiate mediation between all factions. The important result of all this and how it affected political consideration of the Japanese in the United States, is that the U.S. government recognized the strategic naval position Japan commanded in its geographical orientation with regard to China and Russia. America would be wise to have Japan as a friend. Strategic military interest, rather than racial respect, was Teddy’s motivation to smooth over Japan’s ruffled feathers at the nasty treatment Japanese immigrants were receiving at the hands of white America.

The result was direct intervention by President Roosevelt into the San Francisco school segregation actions. Promised by the President that he was going to deal with the Japanese issue, the San Francisco school board rescinded its segregation order. Soon after, the country saw this presidential promise fulfilled in the acceptance of the Gentlemen’s Agreement. This was not legislation but an informal agreement between the U.S. and Japan based on an exchange of diplomatic letters.

Despite the fact that no official record of the agreements was ever published, a wealth of historical evidence can still be found about how things changed in America for the Japanese that were here. In response to Roosevelt’s intervention of discrimination against Japanese on U.S. soil, Japan agreed to no longer issue passports to Japanese laborers who intended to seek work in the United States. Only Japanese professionals and Japanese business men could immigrate to the U.S. Japanese laborers already present in the U.S. would still be able to bring over their families, but single Japanese laborers that were here would not be able to look forward to new arrivals of lovely, single ladies from back home. However, one “loophole” in this agreement was that Hawaii, being a U.S. territory, could still accept Japanese labor immigrants. This resulted in the “picture bride” system of Japanese laborers in the U.S. getting a mail-order bride via Hawaii. Despite the best attempt of the Gentlemen’s Agreement to thin out the Japanese population in America, Japanese families still continued to grow and thrive. Hey, a guy’s gotta do what a guy’s gotta do because everybody deserves a little lovin’ when they get home from a hard day’s work. At least that’s how my caveman feels.

As the gringa reads the historical documents recording this sad tale, the most disturbing aspect of it all, aside from the obvious, the racism, is the fact that the nation was repeating the events of just twenty years prior. I am reminded of the tongue in cheek definition of insanity, “doing the same thing over and over again and expecting different results.” Again, the gringa can only cock her head, squint her eyes, poke her finger at the White House and say, “What the hell were you thinking? Are you insane? Did you really think you could do the exact same thing that you did with China and it would somehow end better?”

Once again the United States has proven that it’s immigration policies are determined by greed and power. Borders are opened to an unsuspecting nation who is wooed like a predator stalking an unsuspecting victim. Cheap labor is imported. The country grows fat. The new immigrants start to get too big for their britches. The Caucasian hordes cry foul. The politicians want to secure re-election so they “burn the witch” as the angry masses demand. The only advice I can give any immigrant is, “Immigrant! Beware!”

Sources:

http://www.history.com/topics/gentlemens-agreement

http://www.americanforeignrelations.com/E-N/Extraterritoriality-Japan.html

http://countrystudies.us/russia/6.htm

http://www.britannica.com/event/Treaty-of-Peking

http://ir.library.osaka-u.ac.jp/dspace/bitstream/11094/9499/1/oulr056-001.pdf

http://www.britannica.com/event/Gentlemens-Agreement

http://immigrationinamerica.org/516-gentlemens-agreement.html

http://aapcgroup11.blogspot.com/2009/12/gentlemens-agreement-of-1907.html

http://encyclopedia.densho.org/Gentlemen’s_Agreement/

https://diva.sfsu.edu/collections/ga1907

Photo credit:  www.dneiwert.blogspot.com

Scott Act of 1888, A Dangerous Precedence


From a young age my school drilled into my little gringa head the virtues of the United States and how those virtues are all wrapped up in the Declaration of Independence, the Bill of Rights and the U.S. Constitution. I have been taught that the strength of my country and the legitimacy of my right to liberty are the results of these documents penned by the founding fathers of my country. I hear political pundits and legal eagles claim that these documents are irrefutable, unchangeable, unchallengeable. All my life I have believed that no matter how dark things may seem in my own country that, because we all have the inalienable rights to life, liberty and the pursuit of happiness, in the end, all will come out right. Boy was this gringa wrong. All who pound their political pulpits about our nation being created and determined upon the legal foundation established by these three documents, I tell you the legal validity of these three documents was all shot to hell in 1888.

The Act of 1888, commonly called the Scott Act of 1888, was signed into law October 1, 1888, during the administration of President Grover Cleveland by the First Session of the Fiftieth Congress of the United States. It can be found in the 1064th Chapter and contains four sections that are supplemental to the Chinese Exclusion Act of 1882 which modified the terms of the Burlingame-Seward Treaty of 1868. The Burlingame-Seward Treaty opened America’s borders to all Chinese immigrants. The Chinese Exclusion Act of 1882 prohibited immigration of Chinese prostitutes and “coolies”, Chinese laborers who entered under a labor contract. There were many Chinese on American soil lawfully at the time the Scott Act was enacted. However, they were no longer welcome. The Scott Act of 1888 stipulates the following:

  • Sec. 1 – Prohibited entry into the country of any Chinese whether a new arrival immigrant or even if a returning Chinese resident who left with legal resident status before the passage of the act and returned without knowledge that their status had changed. All Chinese with legal residence status, even if they are still within the borders of the U.S., will become illegal at the passage of this act.
  • Sec. 2 – Any certificate issued according to immigration law affected by the Chinese Exclusion Act of 1882 becomes invalid by the passing of this act.
  • Sec. 3 – Taxes and penalties for violation established by past legislation remain in effect.
  • Sec. 4 – Any law contradictory to this act is repealed.

In essence, the United States was making it very clear that Chinese were not welcome and were, in effect, being kicked out of the country and banned from entry. Unfortunately, there were some poor souls who departed America before the passage of this legislation and had no idea that, although they had legal resident status when they left the U.S., they would get their eviction notice when they returned. These were people who had lived and worked here for years. They had built a life here. All of their possessions were here. They had money in the bank here. And, they lost it all without any notice. I believe that to be a serious injustice executed by a country that claims to offer equality and protection to the oppressed of the world and invites them to immigrate and build a life in the great melting pot of the United States of America. What a load of horse crap. You can have the rug pulled out from under you at any time if your skin color is not the right shade or if you are practicing the wrong religion.

Eventually over 20,000 Chinese would be displaced by this law. Exiting the country with legal residence status and proper documentation, they were denied entry upon their return to the U.S. A denial that meant they lost all possessions they had accumulated during the years they had worked and contributed to the country. Another 600 Chinese had left their native country before the passage of this act. In good faith they invested an incredible amount of money and time to hazard a long and dangerous ocean voyage to work in a strange country that had given their homeland favor nation status only to arrive and have the door slammed in their face.

A prime example is the Supreme Court case Chae Chan Ping v. United States, which was decided in favor of the U.S. (big surprise) on May 13, 1889. Ping was a Chinese laborer who had been working and living in San Francisco, California from 1875 until 1887 when he left for China with the intention of returning. When he departed the United States in June of 1887, the passage of the Scott Act was well over a year away. Ping had all the legal documentation he was required to have and innocently returned in September of 1888 and was denied entry and detained aboard the ship he arrived in. He filed a lawsuit that he was unlawfully restrained and denied his liberty. The court ordered he be remanded into the custody of the shipmaster. The United States treated as a criminal a man who had abided by the law as he knew the law. A man who had worked and contributed to the growth and production of our country was treated like a criminal. Why? Because he was a Chinese who was in the wrong place at the wrong time and the documents he thought provided a status that would entitle him to rights and protection had been invalidated behind his back.

A Supreme Court Justice who opined on the Chae Chan Ping case stated, “[T]he act is assailed as being in effect an expulsion from the country of Chinese laborers”. I find very troubling this reversal of section five of the Burlingame-Seward Treaty of 1868 which established: “The United States of America and the emperor of China cordially recognize the inherent and inalienable right of man to change his home and allegiance, and also the mutual advantage of the free migration and emigration of their citizens and subjects…”

If immigration was an “inalienable right” and yet was outlawed by U.S. Congress what does that mean for the security of the rest of the American population? Dictionaries define “inalienable right” as meaning a natural law and not one that can be denied by manmade law. This is how it is interpreted and applied when used with regard to the U.S. Declaration of Independence. The inalienable rights of all humanity, as set forth in the Declaration of Independence, are the inalienable right to life, liberty, and the pursuit of happiness. The Scott Act of 1888 has therefore set a dangerous legal precedence of the power the United States actually wields over what it defines as an “inalienable right”.

In 1868 the United States declared it an inalienable right of man to change his home and freely migrate where he pleases. Twenty years later, motivated by greed and racism, the United States revoked this inalienable right. The Supreme Court of the land supported the position and authority of the United States to do so. The legal precedence has been set. It is actually at the pleasure of the United States government that we get to exercise our rights to life, liberty and the pursuit of happiness. These rights can be revoked at any time the U.S. government pleases.

As I consider the fickle unfaithfulness of the U.S. government’s policies toward the Chinese, this gringa can only think, “My, my, my, how quickly we forget our roots. The Americans of 1888 obviously do not remember that they descended from uninvited guests who arrived as strangers to this country after a dangerous voyage at sea and were welcomed and fed and cared for by the natives of this land.” I look around my barrio and believe I find much more integrity, kindness and loyalty wrapped up in skin that is darker than my own. I am proud that the people of my barrio have adopted me as one of their own. In the barrio it’s not about skin color, it’s about culture. If you work hard, love greatly and help generously, you are welcome. I thought that’s how it’s supposed to be in America. Sadly, it’s not.

Understand that America is a country that conditions its people to believe the U.S. government is “by the people and for the people” and its purpose is to protect our rights to life, liberty and the pursuit of happiness. It’s not. The purpose of the U.S. government is to keep the masses manageable so that the country can continue to grow richer and more powerful. If you interfere in that process, you and your “rights” will get the boot out the door.

Sources:

http://everything2.com , The Scott Act of 1888

http://immigrants.harpweek.com, The Chinese American Experience: 1857-1892, Scott Act (1888)

https://supreme.justia.com, The Chinese Exclusion Case 130 U.S. 581 (1889) U.S. Supreme Court

http://dictionary.reference.com, (definition of inalienable right)

http://www.archives.gov, The Declaration of Independence: A Transcription

Photo credit:  www.migrationpolicy.org

U.S. Immigration Act of 1882, DO NOT Send Your Tired, Your Poor,Your Wretched


From 1880 to 1930 the immigrant population in the United States doubled. A third of these immigrants were Irish while another third were German. In American history this is known as the “Great Wave”. The racism that led to the Chinese Exclusion Act of 1882 was not reserved for Chinese only. American citizens were equal opportunity racists. They didn’t really like the idea of any more foreigners at all becoming their neighbors. These huge numbers of immigrants inflamed American society to openly express their hostility with the passage of the Immigration Act of 1882.

Hot on the heels of the Chinese Exclusion Act that was signed into law May 6, 1882, the Immigration Act was signed into law just three months later, August 3, 1882. The Forty-Seventh Congress of the United States, Session I, Chapter 376, 1882, specifically entitled the act “An act to regulate Immigration”, created the following changes to current immigration policies which allowed free, white male immigrants, felons convicted of political crimes, all descendants of slaves, and both genders of Chinese immigrants, citizenship eligibility and prohibited from immigration prostitutes and Chinese laborers:

  • Fifty cent tax was levied on every immigrant upon arrival at a U.S. port for the purpose of creating a fund to defray the national expense of regulating immigration
  • Secretary of Treasury was authorized to execute provisions of the act, including support and relief of immigrants who arrive in need
  • Every immigrant is to receive a physical examination and will not be allowed entry if found to be a lunatic, convict, idiot or unable to care for themselves
  • Secretary of Treasury was authorized to create agencies and contract with private companies to aid enforcement of the act
  • Immigrants determined to be convicts (other than political crimes) are to be deported to their country of origin

It sounds like a rather benign piece of legislation. However, when you consider the fact that many of the Irish immigrants were financially destitute as they immigrated to escape starvation from the Great Potato Famine, it is easy to see they would qualify for denial of entry due to being unable to care for themselves. At this time in history many Germans were motivated to immigrate to the New World because of civil unrest at home that resulted in a serious unemployment problem. They, too, would then most likely arrive to a U.S. entry point with little or no money, putting them into the “unable to care for themselves” category as well. This law was not so benign and general as it then seems at first glance.

Once again the gringa has learned what the public school classroom would not teach her. America was really not the hope for the oppressed masses throughout the world that it attempted to portray itself as. The sonnet, “The New Colossus”, written by poet Emma Lazarus, featured on the Statue of Liberty plaque, contains the following words,

“Mother of Exiles. From her beacon-hand
Glows world-wide welcome;…

“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,”

Unfortunately, the United States is guilty of false advertising. None of that is true, except, maybe the exile part. Convicted felons of political crimes were welcome. But, the poor? Huddled masses of the oppressed desiring freedom? Immigrants considered “wretched refuse” in their native country? The homeless? Heck no, America didn’t want any of them. The image the United States projected was a lie. The only desirable immigrant was one who was intelligent and financially stable, and preferably not Catholic, like those damn Irish.

 

Sources:

http://blogs.census.gov, ‘The “Second Great Wave” of Immigration: Growth of the Foreign-Born Population Since 1970‘, posted February 26, 2014, written by: Elizabeth M. Grieco

http://www.ushistory.org, “Irish and German Immigration”

http://library.uwb.edu, “1882 Immigration Act”

http://www.legallanguage.com, “The New Colossus” by Emma Lazarus (1849-1887)

 

Photo credit: www.slideshare.net