In Search of Equality: The Chinese Struggle against Discrimination in Nineteenth-Century AmericaUniversity of California Press, 1994 M05 3 - 385 páginas Charles McClain's illuminating new study probes Chinese efforts to battle manifold discrimination—in housing, employment, and education—in nineteenth-century America. Challenging the stereotypical image of a passive, insular group, McClain reveals a politically savvy population capable of mobilizing to fight mistreatment. He draws on English- and Chinese-language documents and rarely studied sources to chronicle the ways the Chinese sought redress and change in American courts. McClain focuses on the San Francisco Bay Area, the home of almost one-fifth of the fifty thousand Chinese working in California in 1870. He cites cases in which Chinese laundrymen challenged the city of San Francisco's discriminatory building restrictions, and lawsuits brought by parents to protest the exclusion of Chinese children from public schools. While vindication in the courtroom did not always bring immediate change (Chinese schoolchildren in San Francisco continued to be segregated well into the twentieth century), the Chinese community's efforts were instrumental in establishing several legal landmarks. In their battles for justice, the Chinese community helped to clarify many judicial issues, including the parameters of the Fourteenth Amendment and the legal meanings of nondiscrimination and equality. Discussing a wide range of court cases and gleaning their larger constitutional significance, In Search of Equality brings to light an important chapter of American cultural and ethnic history. It should attract attention from American and legal historians, ethnic studies scholars, and students of California culture. |
Dentro del libro
Resultados 1-5 de 70
Página 2
... Justice Stephen Field , who , as we shall see , should have known better , observed in 1884 , " Our institutions have made no impression on [ the Chinese ] during the more than thirty years they have been in this country . " 5 And Barth ...
... Justice Stephen Field , who , as we shall see , should have known better , observed in 1884 , " Our institutions have made no impression on [ the Chinese ] during the more than thirty years they have been in this country . " 5 And Barth ...
Página 15
... justice had not accepted the testi- mony and statements of Chinese witnesses because of the color of their skin . It was wrong , they declared , for the state to tax them and at the same time to withhold " that protection which is ...
... justice had not accepted the testi- mony and statements of Chinese witnesses because of the color of their skin . It was wrong , they declared , for the state to tax them and at the same time to withhold " that protection which is ...
Página 16
... justice and equity was not enough , the men also sought to appeal to the committee members ' more worldly concerns . They assured the committee that if the Chinese grievances were addressed , " trade and commerce between the two ...
... justice and equity was not enough , the men also sought to appeal to the committee members ' more worldly concerns . They assured the committee that if the Chinese grievances were addressed , " trade and commerce between the two ...
Página 21
... Justice Hugh C. Murray , in an opinion containing some of the most offensive racial rhetoric to be found in the annals of California ap- pellate jurisprudence , held that the Chinese testimony had been improp- erly received and the ...
... Justice Hugh C. Murray , in an opinion containing some of the most offensive racial rhetoric to be found in the annals of California ap- pellate jurisprudence , held that the Chinese testimony had been improp- erly received and the ...
Página 25
... Justice Stephen Field , it affirmed the lower court ruling but on the ground that the legislature must have intended the prohibition against mining without a license to apply only to public lands . 121 We know nothing about the Supreme ...
... Justice Stephen Field , it affirmed the lower court ruling but on the ground that the legislature must have intended the prohibition against mining without a license to apply only to public lands . 121 We know nothing about the Supreme ...
Contenido
3 | |
9 | |
11 | |
Test Cases in the 1870s | 45 |
THE DECADE OF THE 1880s SEEKING THE EQUAL PROTECTION OF THE LAWS | 79 |
The California Constitutional Convention and Its Aftermath | 81 |
The Laundry Litigation of the 1880s | 100 |
The Struggle for Access to the Schools | 135 |
Federal Exclusion Act Litigation The Second Phase | 193 |
CENTURYS END LAST EPISODES OF SINOPHOBIA | 223 |
Challenging Residential Segregation The Case of In re Lee Sing | 225 |
Medicine Race and the Law The Bubonic Plague Outbreak of 1900 | 236 |
Conclusion | 279 |
List of Abbreviations | 287 |
Notes | 289 |
Subject Index | 367 |
THE DECADE OF THE 1880s COURT CONTESTS WITH THE FEDERAL GOVERNMENT | 147 |
Federal Exclusion Act Litigation The First Phase | 149 |
Seeking Federal Protection against Mob Violence The Unusual Case of Baldwin v Franks | 175 |
Index of Cases | 384 |
Otras ediciones - Ver todas
In Search of Equality: The Chinese Struggle Against Discrimination in ... Charles J. McClain Vista previa limitada - 1994 |
Términos y frases comunes
aliens alleged American anti-Chinese applied argued argument arrested attorney board of health board of supervisors brief bubonic plague Bulletin Burlingame Treaty California Supreme Court Caucasian certificate China Chinatown Chinese immigration Chinese laborers Chinese laundries Chinese laundrymen Chinese legation Chinese merchants Chinese residents Chinese Six Companies Chronicle circuit court citizens city's Civil Rights Act claim cols Committee Congress constitutional counsel Daily Alta California declared discrimination disease district enacted enforce equal protection clause Exclusion Act federal courts foreign Fourteenth Amendment Geary Act habeas corpus health authorities Hing Tong hui-kuan Ibid inoculation issue June legislation legislature license litigation Matthew Deady measure ment Morning Call municipal nese noted officials opinion ordinance persons petition petitioner police provisions quarantine question Record-Union Report Sacramento Section Sess Stat statute tion U.S. Supreme Court United violated Wong writ of habeas Yick Yick Wo
Pasajes populares
Página 126 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Página 70 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses and exactions of every kind, and to no other.
Página 217 - That in every case where an alien is excluded from admission into the United States, under any law or...
Página 32 - 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 respectively from the one country to the other for purposes of curiosity, of trade, or as permanent residents.
Página 40 - That all persons within the jurisdiction of the United States shall have the same right in every State and Territory in the United States to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and none other, any law, statute, ordinance, regulation or...
Página 32 - Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immunities and exemptions in respect to travel or residence as may there be enjoyed by the citizens or subjects of the most favored nation.
Página 113 - And the rule is general with reference to the enactments of all legislative bodies that the courts cannot inquire into the motives of the legislators in passing them, except as they may be disclosed on the face of the acts, or inferable from their operation, considered with reference to the condition of the country and existing legislation.
Página 297 - Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.