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Charles J. McClain - In Search of Equality: The Chinese Struggle Against Discrimination in Nineteenth-Century America

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Charles McClains 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 Franciscos 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 communitys 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.

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title In Search of Equality The Chinese Struggle against Discrimination - photo 1

title:In Search of Equality : The Chinese Struggle against Discrimination in Nineteenth-century America
author:McClain, Charles J.
publisher:University of California Press
isbn10 | asin:0520205146
print isbn13:9780520205147
ebook isbn13:9780585181523
language:English
subjectChinese Americans--Legal status, laws, etc.--History.
publication date:1994
lcc:KF4757.5.C47M37 1994eb
ddc:346.7301/3
subject:Chinese Americans--Legal status, laws, etc.--History.
Page iii
In Search of Equality
The Chinese Struggle against Discrimination in Nineteenth-Century America
Charles J. McClain
University of California Press
BERKELEY LOS ANGELES LONDON
Page iv
University of California Press
Berkeley and Los Angeles, California
University of California Press, Ltd.
London, England
1994 by
The Regents of the University of California
Library of Congress Cataloging-in-Publication Data
McClain, Charles J.
In Search of equality : the Chinese struggle against discrimination in nineteenth-century America / by Charles J. McClain.
p. cm.
Includes bibliographical references and index.
ISBN 0-520-20514-6
1. Chinese AmericansLegal status, laws, etc.History.
I. Title.
KF4757.5.C47M37 1994
346.7301'3dc20
[347.30613] 93-4942
CIP
Printed in the United States of America
9 8 7 6 5 4 3 2 1
The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI Z39.48-1984. Picture 2
Page v
To my father,
Charles J. McClain,
and the memory of my mother,
Loretta Cahill McClain,
and to my wife, Laurene,
and son, Christopher
Page vii
CONTENTS
Acknowledgments
ix
Introduction
1
Part I
The Beginnings of Discrimination and the First Chinese Responses
7
1. California's First Anti-Chinese Laws
9
2. Test Cases in the 1870s
43
Part II
The Decade of the 1880s: Seeking the Equal Protection of the Laws
77
3. The California Constitutional Convention and Its Aftermath
79
4. The Laundry Litigation of the 1880s
98
5. The Struggle for Access to the Schools
133
Part III
The Decade of the 1880s: Court Contests with the Federal Government
145
6. Federal Exclusion Act Litigation: The First Phase
147
7. Seeking Federal Protection against Mob Violence: The Unusual Case of Baldwin v. Franks
173
8. Federal Exclusion Act Litigation: The Second Phase
191
Part IV
Century's End: Last Episodes of Sinophobia
221
9. Challenging Residential Segregation: The Case of In re Lee Sing
223

Page viii
10. Medicine, Race, and the Law: The Bubonic Plague Outbreak of 1900
234
Conclusion
277
List of Abbreviations
285
Notes
287
Subject Index
365
Index of Cases
382

Page ix
ACKNOWLEDGMENTS
I have been at work on this project, off and on, for a good number of years and have incurred a good number of debts along the way. Several friends and colleagues have read all or parts of this manuscript and have given me the benefit of their comments and criticisms: Patty Blum, Robert Berring, Sucheng Chan, Robert Kagan, Him Mark Lai, Kristin Luker, Paul Mishkin, Harry N. Scheiber, Aviam Soifer, and Ling-chi Wang. I received valuable research assistance at the beginning of this project from Maureen Young and at the end from Torrey Shanks. I have been blessed with the services of two excellent translators cum research assistants, Winnie Wong and Kit Chui. Henry So, associate librarian at Boalt Hall, has also come to my assistance repeatedly with translations. Michael Griffith, historian/archivist of the U.S. District Court for the Northern District of California, has been an invaluable source of advice on tracking down court records. At various times I have been greatly assisted by the reference staffs of the Bancroft Library, Boalt Hall Library, and Asian American Studies Library, University of California at Berkeley, the law library, University of California at Davis, the National Archives, San Francisco Branch, the California State Library, the California State Archives, and the Library of the San Francisco Theological Seminary, San Anselmo, California. Thanks are due also to my editors at the University of California Press, Naomi Schneider and Dore Brown, for their patience and skill in shepherding this work through to publication and to Steve Gilmartin, my copyeditor, for the many valuable suggestions he made for its improvement.
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