Chinese Exclusion and the Open Door with China: Structural Contradictions and the 'Chaos' of Law,1882-1910

This article examines the structural contradictions underlying the difficulties of implementing the Chinese exclusion laws first enacted by the US Congress in 1882. I argue that these contradictions were grounded in the material and ideological conditions of the period, were reproduced in the unwieldy logic of the exclusion laws, and emerged as unresolvable enforcement dilemmas. Most important, the anti-Chinese racism on which the exclusion laws were based clashed with economic interests driven by the promise of lucrative trade with China. Using unpublished archival materials, the Congressional Record and Congressional reports, as well as annual reports of the enforcement bureaucracy, I show that exceptions to the exclusions for Chinese merchants were an attempt to reconcile this contradiction, and in turn generated formidable enforcement problems. Further, I argue that the impossibility of making sharp binary distinctions between merchants and 'coolies', and the humiliating procedures involved in the futile effort to do so, subjected the Immigration Bureau to criticism from exclusionists for their failure to detect fraud, and from the Chinese and their advocates in the business community for their harsh practices. The implications for sociolegal studies more generally are examined in the conclusion.