A Legal History of Anti-Chinese Racism in America

Chinese migrants began arriving in California in the 1850s, during a period when the United States was still a young nation with a long history of white dominance. White Americans in the West viewed these newcomers as exotic and fundamentally different due to their race, religion, and perceived slavish tendencies. Laws and customs were quickly put in place to exclude Chinese people from full participation in society, regulating their ability to work, own property, testify in court, access education, and form families. These restrictions were not just formal but also carried an unspoken threat of violence. Despite these barriers, Chinese migrants resisted these racial laws both in and out of court, preventing them from fully dictating reality. The article highlights that while formal laws were harsh, their enforcement in daily life often varied, creating gaps where Chinese people could sometimes claim rights not formally granted to them.

To uncover the hidden stories of Chinese migrants in the American West, the author examined 33 archives in California, Oregon, and Washington, focusing on local legal records such as criminal prosecutions, civil complaints, jail registers, prison records, and mugshots. A particularly valuable source was Chinese legal testimony, some dating back to the 19th century, which provides rare insights into daily life, especially for Chinese women and girls who left almost no written records. However, these testimonies are often incomplete because most interactions with the law left no trace, and when they did, they were frequently mediated by translators and attorneys. Discriminatory laws also prevented Chinese people from testifying in court for decades. Despite these limitations, legal transcripts reveal that Chinese migrants actively engaged with the legal system as early as the 1850s, adapting to American laws while drawing on their own legal knowledge. Their resistance helped shape the terms of their conditional inclusion in society.

The article organizes its exploration around seven racial stereotypes that justified anti-Chinese laws and discrimination. These myths included the Chinese coolie, portrayed as an unfair labor competitor sending profits to China; the Chinese criminal, depicted as deceitful; the Chinese alien, seen as unfit for civil rights; the Chinawoman, associated with slavery; the Chinese invader, blamed for contaminating white neighborhoods; the Chinese predator, falsely accused of preying on white girls; and the Chinese immigrant, feared as a threat to overrun America. Each chapter examines how these myths influenced regulations and legal customs, which in turn reinforced the stereotypes. While some cases became landmark legal battles, most Chinese people who interacted with the law left little permanent mark on history. Their stories, though fragmentary, offer glimpses into their daily struggles and resilience under a racial regime.

Pany Lowe, born in Portland, Oregon, in 1873, shared his life experiences in an interview conducted in 1924, providing a personal perspective on the racial regime faced by Chinese people in the American West. Lowe described facing discrimination in restaurants, barbershops, and neighborhoods, where he was often refused service or forced to pay higher prices. He also recounted how legal action, such as writing a letter through his lawyer, could sometimes resolve these issues. Lowe experienced exclusion laws firsthand, noting that Chinese residents, even those born in the U.S., could be deported if they lacked proper papers, which he compared to a dog license. He faced restrictions in marriage, as anti-miscegenation laws prevented him from marrying a white woman, and exclusion laws barred him from bringing a wife from China. Despite these indignities, Lowe acknowledged that he would never fully belong in American society, though he hoped for greater understanding and equality.

Exclusion laws, passed in the late 19th century, had profound consequences for Chinese residents in America. These laws restricted Chinese immigration and made existing residents vulnerable to deportation if they could not prove their legal status. Lowe described the check system, where Chinese people were required to carry papers proving their identity, enforced by inspectors who could detain individuals for minor infractions. The laws also reinforced racial segregation, as white neighborhoods and businesses often excluded Chinese people outright. While some progress was noted over time, Lowe expressed uncertainty about whether conditions had truly improved. He hoped that increased awareness and education about Chinese people could foster greater acceptance, though he acknowledged that many white Americans remained ignorant of their experiences and humanity.

The article emphasizes that formal laws and legal customs often did not align, creating gaps where Chinese people could sometimes assert rights not formally granted to them. For example, Lowe learned that while the law technically protected his rights, in practice, white neighborhoods and businesses could enforce discriminatory rules without consequence. Conversely, legal action could sometimes challenge these norms, as when Lowe’s wife successfully pressured a business to reverse its discriminatory policy through a lawyer’s letter. These gaps highlight the dual nature of the legal system, where it could be both a tool of oppression and a means of resistance. The article argues that the terms of inclusion for Chinese people were shaped not only by formal laws but also by their ability to exert rights in daily life, demonstrating the complex interplay between law and society.