The first outbreak of the new-found strength of the American wage-earner was directed against a race superior even to the negro immigrants in industry, frugality, intelligence, and civilization--the Chinese. And this outbreak was so powerful that, in spite of all appeals to the traditions and liberties of America, the national government felt driven to repudiate the treaty so recently signed with the highest manifestations of faith, good-will, and international comity.
Very early in the settlement of California the Chinaman had encountered hostile legislation. The state election had been carried by the Knownothings as early as 1854. Discriminating taxes, ordinances, and laws were adopted, and even immigration was regulated by the state legislature. But the state and federal courts declared such legislation invalid as violating treaties or interfering with international relations. Then the wage-earning element of California joined as one man in demanding action by the federal government, and eventually, by the treaty of 1880 and the law of 1888, Chinese laborers were excluded.[72] Thus did the Caucasian wage-earner score his first and signal victory in reversing what his opponents proclaimed were "principles coeval with the foundation of our government."
The next step was the Alien Contract Labor law of 1885 and 1888, placed on the statute books through the efforts of the Knights of Labor and the trades-unions. As early as 1875 Congress had prohibited the immigration of paupers, criminal, and immoral persons, but the law of 1885 went to the other extreme and was designed to exclude industrial classes. The law is directed against prepayment of transportation, assistance, or encouragement of foreigners to immigrate _under contract_ to perform labor in the United States, and provides for the prosecution of the importer and deportation of the contract immigrant. This law has been enforced against skilled labor, which comes mainly from northwestern Europe, but, owing to the new system of _padroni_ and middlemen above described, it cannot be enforced against the unskilled laborers of Southern and Eastern Europe, since it cannot be shown that they have come under contract to perform labor. By the amendment and revised law adopted in 1903, after considerable discussion, and an effort on the part of the labor unions to strengthen the law, it was extended so as to exclude not only those coming under contract but also those coming under _offers_ and _promises_ of employment.[73]