The Angell Treaty of 1880 (), formally known as the Treaty Regulating Immigration from China, was a modification of the 1868
Burlingame Treaty
The Burlingame Treaty (), also known as the Burlingame–Seward Treaty of 1868, was a landmark treaty between the United States and Qing China, amending the Treaty of Tientsin, to establish formal friendly relations between the two nations, with ...
between the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
and
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, passed in
Beijing, China
}
Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 ...
, on November 17, 1880.
Historical context
In 1868, the United States and China entered into the Burlingame Treaty
The Burlingame Treaty (), also known as the Burlingame–Seward Treaty of 1868, was a landmark treaty between the United States and Qing China, amending the Treaty of Tientsin, to establish formal friendly relations between the two nations, with ...
, establishing formal friendly relations between the two countries, and granting China most favored nation status. The treaty encouraged immigration from China, and granted some privileges to citizens of either country residing in the other, but withheld the privilege of naturalization for immigrants from China.
During the 1870s, there were repeated efforts in the United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
to limit Chinese immigration to the United States. One successful effort in this direction was the Page Act of 1875
The Page Act of 1875 (Sect. 141, 18 Stat. 477, 3 March 1875) was the first restrictive federal immigration law in the United States, which effectively prohibited the entry of Chinese women, marking the end of open borders. Seven years later, the ...
, that forbade the migration of women believed to be inclined to engaging in prostitution
Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
and anybody coming to the United States as a forced laborer
Forced labour, or unfree labour, is any work relation, especially in modern or early modern history, in which people are employed against their will with the threat of destitution, detention, violence including death, or other forms of ex ...
. The Act did not significantly curtail the flow of mostly male free Chinese laborers.
Fifteen Passenger Bill
The first bill to significantly curtail Chinese migration that passed both houses of Congress was the Fifteen Passenger Bill of 1879. The bill forbade sea vessels from bringing in more than fifteen Chinese passengers in any single voyage to the United States. Ship masters were required to present a sworn list of all Chinese passengers upon arrival, and violators could be fined $100 and six months in prison. However, Rutherford B. Hayes
Rutherford Birchard Hayes (; October 4, 1822 – January 17, 1893) was an American lawyer and politician who served as the 19th president of the United States from 1877 to 1881, after serving in the U.S. House of Representatives and as governor ...
, President of the United States at the time, vetoed the bill because it violated the terms of the Burlingame Treaty. Expressing sympathy with the aims of the bill, he suggested that the treaty be modified in agreement with China.[
]
Angell commission
Hayes sent a commission led by James Burrill Angell
James Burrill Angell (January 7, 1829 – April 1, 1916) was an American educator and diplomat. He is best known for being the longest-serving president of the University of Michigan, from 1871 to 1909. He represented the transition from sma ...
to China to negotiate a new treaty to allow restrictions on Chinese immigration. John F. Swift and William H. Trescot
William Henry Trescot (November 10, 1822May 4, 1898) was a Charleston lawyer, historian, and diplomat born in Charleston, South Carolina, on November 10, 1822. He graduated at College of Charleston in 1840, studied law at Harvard University, a ...
went along with Angell also as commissioners. The party of commissioners landed in China in early August 1880. On November 17, 1880, the new treaty was signed in Beijing
}
Beijing ( ; ; ), alternatively romanized as Peking ( ), is the capital of the People's Republic of China. It is the center of power and development of the country. Beijing is the world's most populous national capital city, with over 21 ...
.[ According to the new treaty, the United States government would temporarily suspend immigration of skilled and unskilled laborers from China, while still allowing the immigration of white-collar professionals. The treaty also reaffirmed the United States' continuing commitment to protect the rights and privileges of Chinese laborers already present in the United States.]
The prefix stated: "The United States, because of the constantly increasing immigration of Chinese labourers to the territory of the United States and the embarrassments consequent upon such immigration now desires to negotiate a modification of the existing Treaties which shall not be in direct contravention to their spirit."
The treaty was concluded along with another treaty, also negotiated by the Angell commission, that imposed restrictions on trade in opium.
Conclusion, ratification, and proclamation
The dates for establishing the treaty were:
* Conclusion in Beijing: November 17, 1880
* Ratification advised by the United States Senate
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and pow ...
: May 5, 1881
* Ratification by the United States President: May 9, 1881
* Ratification exchange: July 19, 1881
* Proclamation: October 5, 1881
Subsequent changes
The Chinese Exclusion Act
The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882, prohibiting all immigration of Chinese laborers for 10 years. The law excluded merchants, teachers, students, travelers, and diplom ...
of 1882 (passed May 6, 1882), passed unilaterally by the United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
, extended the exclusion period for Chinese laborers by another 10 years. An 1884 Amendment to the Act required Chinese laborers departing the United States to get a re-entry permit if they wished to re-enter. Later, the Scott Act would forbid the return of Chinese laborers who had departed the United States. The Geary Act
The Geary Act was a United States law that extended the Chinese Exclusion Act of 1882 by adding onerous new requirements. It was written by California Representative Thomas J. Geary and was passed by Congress on .
The law required all Chinese r ...
of 1892 extended Chinese exclusion by another ten years, and in 1902 it would be made permanent.
Two cases that appeared before the United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in the 1880s referenced the Angell Treaty:
* '' Chew Heong v. United States'' (1884): Heong, who had departed the United States for China prior to the passage of the Chinese Exclusion Act, did not have the re-entry permit mandated by an 1884 Amendment to the Act. Heong would have been able to re-enter under the legal regime as it existed at the time of departure, which was shaped by the Burlingame Treaty and the Angell Treaty. When denied re-entry into the United States, he contested the decision. The Supreme Court decided in his favor.
* ''Chae Chan Ping v. United States
''Chae Chan Ping v. United States'', 130 U.S. 581 (1889), better known as the ''Chinese Exclusion Case'', was a case decided by the US Supreme Court on May 13, 1889, that challenged the Scott Act of 1888, an addendum to the Chinese Exclusion Act ...
'' (1889): Ping, who had departed the United States prior to the Scott Act, had obtained a re-entry permit as required by the Chinese Exclusion Act. However, upon his return after the passage of the Scott Act, he was denied re-entry. He contested the decision, citing the Burlingame Treaty and Angell Treaty, but the Supreme Court sided with the government.
References
{{reflist
Immigration to the United States
Treaties of the Qing dynasty
Treaties of the United States