[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 683 Introduced in House (IH)]
112th CONGRESS
2d Session
H. RES. 683
Expressing the regret of the House of Representatives for the passage
of laws that adversely affected the Chinese in the United States,
including the Chinese Exclusion Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2012
Ms. Chu (for herself, Mr. Smith of Texas, Mr. Honda, Mr. Issa, Mr.
Burton of Indiana, Mr. Clay, Ms. Lee of California, Mr. Grijalva, Mr.
Schiff, and Mr. Jackson of Illinois) submitted the following
resolution; which was referred to the Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
Expressing the regret of the House of Representatives for the passage
of laws that adversely affected the Chinese in the United States,
including the Chinese Exclusion Act.
Whereas many Chinese came to the United States in the 19th and 20th centuries,
as did people from other countries, in search of the opportunity to
create a better life;
Whereas the United States ratified the Burlingame Treaty on October 19, 1868,
which permitted the free movement of the Chinese people to, from, and
within the United States and made China a ``most favored nation'';
Whereas in 1878, the House of Representatives passed a resolution requesting
that President Rutherford B. Hayes renegotiate the Burlingame Treaty so
Congress could limit Chinese immigration to the United States;
Whereas, on February 22, 1879, the House of Representatives passed the Fifteen
Passenger Bill, which only permitted 15 Chinese passengers on any ship
coming to the United States;
Whereas, on March 1, 1879, President Hayes vetoed the Fifteen Passenger Bill as
being incompatible with the Burlingame Treaty;
Whereas, on May 9, 1881, the United States ratified the Angell Treaty, which
allowed the United States to suspend, but not prohibit, immigration of
Chinese laborers, declared that ``Chinese laborers who are now in the
United States shall be allowed to go and come of their own free will,''
and reaffirmed that Chinese persons possessed ``all the rights,
privileges, immunities, and exemptions which are accorded to the
citizens and subjects of the most favored nation'';
Whereas the House of Representatives passed legislation that adversely affected
Chinese persons in the United States and limited their civil rights,
including--
(1) on March 23, 1882, the first Chinese Exclusion bill, which excluded
for 20 years skilled and unskilled Chinese laborers and expressly denied
Chinese persons alone the right to be naturalized as American citizens, and
which was opposed by President Chester A. Arthur as incompatible with the
terms and spirit of the Angell Treaty;
(2) on April 17, 1882, intending to address President Arthur's
concerns, the House passed a new Chinese Exclusion bill, which prohibited
Chinese workers from entering the United States for 10 years instead of 20,
required certain Chinese laborers already legally present in the United
States who later wished to reenter the United States to obtain
``certificates of return,'' and prohibited courts from naturalizing Chinese
individuals;
(3) on May 3, 1884, an expansion of the Chinese Exclusion Act, which
applied it to all persons of Chinese descent, ``whether subjects of China
or any other foreign power'';
(4) on September 3, 1888, the Scott Act, which prohibited legal Chinese
laborers from reentering the United States and cancelled all previously
issued ``certificates of return,'' and which was later determined by the
Supreme Court to have abrogated the Angell Treaty; and
(5) on April 4, 1892, the Geary Act, which reauthorized the Chinese
Exclusion Act for another ten years, denied Chinese immigrants the right to
be released on bail upon application for a writ of habeas corpus, and
contrary to customary legal standards regarding the presumption of
innocence, authorized the deportation of Chinese persons who could not
produce a certificate of residence unless they could establish residence
through the testimony of ``at least one credible white witness'';
Whereas in the 1894 Gresham-Yang Treaty, the Chinese government consented to a
prohibition of Chinese immigration and the enforcement of the Geary Act
in exchange for readmission to the United States of Chinese persons who
were United States residents;
Whereas in 1898, the United States annexed Hawaii, took control of the
Philippines, and excluded only the residents of Chinese ancestry of
these territories from entering the United States mainland;
Whereas, on April 29, 1902, as the Geary Act was expiring, Congress indefinitely
extended all laws regulating and restricting Chinese immigration and
residence, to the extent consistent with Treaty commitments;
Whereas in 1904, after the Chinese government withdrew from the Gresham-Yang
Treaty, Congress permanently extended, ``without modification,
limitation, or condition,'' the prohibition on Chinese naturalization
and immigration;
Whereas these Federal statutes enshrined in law the exclusion of the Chinese
from the democratic process and the promise of American freedom;
Whereas in an attempt to undermine the American-Chinese alliance during World
War II, enemy forces used the Chinese exclusion legislation passed in
Congress as evidence of anti-Chinese attitudes in the United States;
Whereas in 1943, in furtherance of American war objectives, at the urging of
President Franklin D. Roosevelt, Congress repealed previously enacted
legislation and permitted Chinese persons to become United States
citizens;
Whereas Chinese-Americans continue to play a significant role in the success of
the United States; and
Whereas the United States was founded on the principle that all persons are
created equal: Now, therefore, be it
Resolved,
SECTION 1. ACKNOWLEDGEMENT.
That the House of Representatives regrets the passage of
legislation that adversely affected people of Chinese origin in the
United States because of their ethnicity.
SEC. 2. DISCLAIMER.
Nothing in this resolution may be construed or relied on to
authorize or support any claim, including but not limited to
constitutionally based claims, claims for monetary compensation or
claims for equitable relief against the United States or any other
party, or serve as a settlement of any claim against the United States.
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