One of the projects I have been working on over the past couple of years is a database of Chinese who were naturalized in British Columbia up to 1914.* Working from records held by the British Columbia Archives in Victoria, I have identified 1934 Chinese who were granted naturalization in BC between 1863 and 1914. Of these, three were women: Jsong Mong Lin, Leong Lee Fung, and Wong Bick Yung (also known as Esther Yung).
Jsong Mong Lin was the wife of merchant Loo Gee Wing. She was naturalized on 15 June 1899 at Victoria. She had lived at least ten years in British Columbia, and she signed her name in English. It was noted on her Oath of Residence that the oath was read over and explained to her in Chinese before signing. Her husband Loo Gee Wing was naturalized in 1895.
Leong Leen Fung 梁連鳳, of Victoria, was the wife of Fung Choy. She was naturalized on 3 November 1899. She had lived in British Columbia for at least five years. Leong Leen Fung signed her name in Chinese, and it was noted on her Oath of Residence that the oath was read over and explained to her in Chinese before signing. Fung Choy was naturalized in June 1899.
Wong Bick Yung, also known as Esther Yung, of Victoria, was naturalized in Victoria on 21 July 1911.
(I have not yet located a full naturalization record – Certificate of Naturalization, Oath of Residence and Certificate Under Section 10 – for Wong Bick Yung, but her name appears on a list of individuals naturalized by the County Court of Victoria on 21 July 1911.)
I am not certain why the two wives were naturalized, as under s 26 of the Naturalization Act Canada 1881 (44 Vic c 13): ‘A married woman shall, within Canada, be deemed to be a subject of the State of which her husband is for the time being a subject’. It does not appear that either Jsong Mong Ling or Leong Leen Fung were widowed. I have not yet identified whether Wong Bick Yung was unmarried, married or widowed.
References: British Columbia Archives, GR-1554: Box 19, File 10; Box 21, File 1; Box 41, File 5.
* Big thanks to Karen Schamberger and Sophie Couchman who have undertaken much of the thankless task of data entry for the BC naturalization database. Sophie and I are still working on completing the data entry, and then tidying up the data, but once that is complete I will make the database publicly available.
This is the paper I presented at the 2018 Australian Historical Association conference, ‘The Scale of History’, held at the Australian National University on 2–6 July 2018. I spoke alongside Sophie Couchman and Emma Bellino in a panel we put together on ‘National belonging and individual lives’:
Kate Bagnall: Chinese Australian families and the legacies of colonial naturalisation
Sophie Couchman: New questions about the enlistment of Chinese Australians during World War I
Emma Bellino: ‘Australian girl became an alien’: Reporting married women’s nationality.
Sophie spoke about the disconnect between World War I enlistment regulations and practice in relation to Chinese Australians, while Emma spoke about press reports of marital denaturalisation in Australian newspapers from the 1920s to 1940s.
In 1888 the Australian colonies came together to implement uniform laws to restrict Chinese immigration, leading eventually to the enactment of the Immigration Restriction Act after Federation in 1901. Alongside immigration restriction, after 1888 four Australian colonies also prohibited Chinese naturalisation, by law in New South Wales and by policy in Victoria, South Australia and Western Australia. The federal Naturalisation Act of 1903 similarly prohibited Chinese naturalisation. Before these restrictions were introduced, however, thousands of Chinese men in Australia became British subjects through naturalisation, nearly 1000 in New South Wales alone. In this paper I consider the legacies of colonial naturalisation in the lives of Chinese migrants and their families in the 1890s and after Federation, particularly concerning mobility and residency rights. I argue that it is through the stories of individual lives, revealed in the press and in government case files, that we can best understand the ways that naturalised Chinese Australians and their children contested discrimination and asserted their rights as citizens.
In early January 1889, the Ah Ket children of Wangaratta, Victoria, were stopped at the border of New South Wales. Fourteen-year-old Matilda, together with her three younger siblings aged thirteen, ten and eight, were travelling to the small town of Gerogery, north of Albury, to visit their married sister Rose. On arriving by train at Albury, however, the Ah Ket children were prevented from crossing the border by the Sub-Collector of Customs. The reason? Because they did not hold naturalisation papers. Confronted by the news that they would not be allowed to continue their journey, Matilda stood her ground, declaring that they had been born and educated at Wangaratta; that they were the children of a Chinese interpreter, Mah Ket; and that as ‘native-born children’ they were free to go anywhere in Australia. The Sub-Collector was unconvinced, and so sent them back home to Victoria by the same train. Their father, and the good people of Wangaratta, were appalled by the Customs officer’s actions. Mah Ket put the matter in the hands of a solicitor, and on 19 January 1889, the Wangaratta correspondent to the Melbourne Leader wrote an impasssioned piece on the family’s behalf:
The children whose liberty is so circumscribed are natives of Wangaratta, very intelligent and Christian; and speak better Queen’s English probably than some of the honorable gentlemen who made the law under which they are treated as aliens. It has been determined that for the peace and prosperity of the colony, Chinese immigration shall be restricted. But here were no aliens, but the most peaceful and defenceless of Australians – of like speech, education, religion and affections.
The Act under which the Sub-Collector of Customs stopped the children was the NSW Chinese Restriction and Regulation Act, passed six months earlier, in June 1888. This Act, and others introduced around the Australasian colonies, were the result of growing concerns over Chinese immigration.
One of the children stopped at the NSW border that summer’s day in 1889, thirteen-year-old William Ah Ket, grew up to be Australia’s first Chinese barrister. Educated at Melbourne University and admitted to the bar in 1903, Ah Ket had a distinguished legal career in which he actively campaigned for the rights of Chinese in Australia. He appeared before the High Court, represented Australian Chinese at the opening of the first Chinese parliament in Peking in 1911, and was Acting Consul for China in Australia in 1913–1914 and 1917. He was also a husband and father to two daughters and two sons.
This paper considers nationality, naturalisation and colonial mobility through the lens of Chinese Australian families like the Ah Kets. Mah Ket, the Ah Ket children’s father, was not naturalised, but this should not have mattered when the children tried to cross into New South Wales. Young Matilda was right – as native-born British subjects, the NSW Chinese Restriction Act should not have applied to them. Yet, the fact that they were turned back illustrates the ambiguity with which immigration restriction laws were applied to native-born and naturalised Chinese British subjects in Australia and New Zealand. The law stated what it stated, but it’s truth also lay in the way that it was interpreted and applied – whether that was at the border, in a bureaucrat’s office, in a magistrate’s court or in the High Court.
Prohibition of Chinese naturalisation formed part of the anti-Chinese policies introduced in four Australian colonies (New South Wales, Victoria, South Australia and Western Australia) from the 1880s, and then in the Commonwealth of Australia from 1904 and the Dominion of New Zealand from 1908. Before these prohibitions, however, thousands of Chinese men in Australia and New Zealand became British subjects through naturalisation, nearly 1000 in New South Wales alone. In this paper then I want to think about the legacies of this earlier history of colonial naturalisation in the lives of Chinese settlers and their families in the 1890s and after Federation, particularly concerning mobility and residency rights. I will argue that it is through the stories of individual lives, revealed in the press and in government case files, that we can best understand the ways that naturalised Chinese Australians and their children contested discrimination and asserted their rights as citizens.
Naturalisation and Chinese restriction
The first anti-Chinese legislation was introduced in Australia in 1855 in Victoria, followed by a similar Act in South Australia in 1857. New South Wales then followed suit in 1861. With tonnage restrictions and a poll tax on each Chinese arrival, this legislation was effective in reducing the Chinese population in the colonies, and so, having served its purpose, it was repealed: in South Australia in 1861 (after three years), in Victoria in 1865 (after 10 years) and in New South Wales in 1867 (after 5 years). Between then and 1881, there was no restrictive legislation against Chinese immigration – except in Queensland, which introduced a Chinese Immigration Restriction Act in 1877. In 1881, however, new and more consistent legislation was introduced across the colonies after the 1880–81 intercolonial conferences. This legislation was then tightened following the Intercolonial Conference on the Chinese Question in mid-1888. Laws varied slightly across the seven colonies, but they generally had tonnage restrictions and some a poll tax to limit the number of Chinese migrants. They also included various exemptions, for residents and British subjects.
In New South Wales, Victoria and New Zealand, for instance, the 1881 Acts brought in a £10 poll tax on Chinese arriving by sea or by land and a limit of one Chinese to every 100 tons of shipping. The NSW and Victorian Acts exempted British subjects, while in New South Wales and New Zealand, other Chinese residents could also apply for exemption certificates. In 1888, the tonnage limits increased in each of these colonies, and the NSW poll tax leapt to £100, while it was abolished in Victoria. Each colony exempted Chinese naturalised in that colony, while the NSW Act also explicitly exempted British subjects by birth. Significantly, too, the NSW Act prohibited the naturalisation of Chinese. After Federation, the Australian colonial laws were repealed, although not immediately – in New South Wales, for example, the poll tax remained in place until 1903. The new federal Immigration Restriction Act, which came into force from the beginning of 1902, provided exemptions for those who had formerly been domiciled in the Commonwealth or in any colony which had become a state (s 3n). Australian birth and naturalisation certificates could be used as proof of this domicile, although exemption certificates were also issued.
As mentioned, prohibition of Chinese naturalisation also formed part of the anti-Chinese measures introduced in Australia and New Zealand. New South Wales was the only colony that prohibited Chinese naturalisation by law and it did so twice, in 1861 (repealed in 1867) and again in 1888. Three other colonies (Victoria, South Australia and Western Australia) stopped naturalising Chinese after 1888, while Tasmania and Queensland continued until the federal Naturalization Act came into force in 1904. This new Act prohibited naturalisation of ‘aboriginal natives’ of Asia, Africa and the islands of the Pacific, except New Zealand. In New Zealand, Chinese were naturalised until 1907; and it was stopped after the NZ Cabinet decided in February 1908 to decline naturalisation applications of Chinese from them on.
Colonial Chinese naturalisation
The numbers of Chinese who became naturalised in each colony varied greatly, from about 20 in Western Australia up to nearly 3000 in Victoria. In New Zealand there were around 450. As part of my current project, I am compiling databases of Chinese who became naturalised in New South Wales, New Zealand and British Columbia in Canada. If we look at Chinese naturalisations in New South Wales each year from the late 1850s, when the first one took place, to 1888, when Chinese naturalisation was prohibited for the second time, we can see a gap during the 1860s when it was prohibited the first time, and a very obvious peak in the early 1880s. The highest point on that peak is in 1883, when there were 301 naturalisations of Chinese, making up almost a third of the total for the colony. If we think back to what else was happening in the early 1880s, it is clear that this increase was in response to the 1881 NSW Influx of Chinese Restriction Act – which provided exemptions from the £10 poll tax for Chinese naturalised in the colony.
Applicants for naturalisation in New South Wales were asked to state a reason why they sought naturalisation, and most Chinese stated that it was because they wanted to purchase land, or because they had settled in the colony, or something similar. But eight men stated that they sought naturalisation for the rights of ingress and egress. One of these men, Ah Hi, who was naturalised in 1886, stated, for example, that he was ‘desirous of seeing his parents and relatives & returning to this colony where he has an interest in a market garden’. Although there were only a handful of men who explicity stated they sought naturalisation so they could travel across colonial borders, the rapid increase in numbers of naturalisations after the 1881 Act came into force suggests that mobility was a prime motivation.
Other evidence in the archives also shows that Chinese actively used naturalisation to faciliate mobility, for themselves and for their families. There are, for example, Customs statistics that record the numbers of Chinese entering the colonies using naturalisation certificates, reports of individual cases in the newspapers, and Customs and External Affairs / Internal Affairs files that document the travels of Chinese Australians and Chinese New Zealanders. I want now to turn to some of the individual cases of naturalised Chinese and their families – to consider the ways they used their status as British subjects to negotiate anti-Chinese immigration laws, and also to consider the ambiguous nature of the interpretation and application of those laws.
At the borders
So, to return to the Ah Ket children briefly. Under the NSW 1888 Act, any Chinese who produced satisfactory evidence that they were a British subject by birth was to be allowed to enter the colony, yet the Sub-Collector turned the children away for not having naturalisation papers. Would the situation have been different if Matilda, William, Alberta and Ada had produced their Victorian birth certificates, as many Australian-born Chinese did when they returned by sea? Or what if their father was naturalised and they had produced his naturalisation certificate? Would that have been enough proof?
For Chinese Australians, crossing colonial and later national borders was first contingent on being satisfactorily identified, of convincing officials at the border that you were who you said you were. It was then further contingent on bureaucratic and legal interpretations of the law. Each time the law changed, or new regulations were issued, Customs officers at both sea and land borders had to work out how the new policies worked in practice. In her history of the Chinese in Sydney, Shirley Fitzgerald has noted, for example, that in the early 1880s, administering the 1881 Chinese Restriction Act took up much of the Collector of Customs’ time and energy, and he regularly complained to his superiors that he had inadequate staff to deal with incoming and outgoing Chinese (Shirley Fitzgerald, Red Tape, Gold Scissors, pp. 28–29).
Each time the law changed, Chinese Australians also had to work out what the new requirements meant, and how they could best negotiate them, whether by lawful or unlawful means. The dramatic increase in Chinese naturalisations after the 1881 Act is an example of this, and so too is the fact that by 1885, the Sydney Collector of Customs believed that there was a solid trade in naturalisation certificates, which were ‘sent to China and sold’. Chinese Australians made use of their rights where and how they could, and pushed back where and how they could, particularly where the law left room for negotiation.
Naturalisation allowed Chinese men themselves to come and go from Australia and New Zealand, but it also facilitated the entry of their wives and children. In 1898, Nicholas Lockyer, the NSW Collector of Customs, told Sydney’s Evening News that two ways that Chinese evaded the poll tax were by ‘the transfer of naturalisation papers’ and by ‘Chinese women passing themselves off as wives of men who have been formally naturalised in New South Wales’. Such suspicions resulted in careful investigations and meticulous recordkeeping, particularly after the turn of the century.
One example is the Ah Lum family of Sydney. Mrs Ah Lum (I’m afraid that I haven’t yet identified the names of some of these wives and children) came out to live with her husband in 1895. He was a storekeeper and had been naturalised in 1882, returning to China to visit a few years later. The Ah Lums’ daughter was born in 1887, after Ah Lum had returned to New South Wales, and she had stayed in China with her grandmother after her mother migrated. In 1899, Ah Lum asked for permission for his daughter to come to live with him and his wife, as his mother had died and the child had no one to care for her. After some investigations by the Customs department’s Chinese inspector, a permit was issued so Ah Lum’s daughter could enter without paying the poll tax.
The Ah Lums’ case was a relatively straightforward one, unlike that of George Lee’s family a few years later. Lee had been naturalised in 1884 and returned to China not long after to be married. In August 1902, he brought his wife and two sons, Quong Foo and Quong Jah, to Sydney. Mrs Lee was admitted without question because she was the wife of a naturalised British subject (and a wife’s nationality followed that of her husband), but officials demanded the £100 poll tax be paid for each son. Lee paid up, under protest, and the Presbyterian Church raised the matter with the Premier and Solicitor-General on his behalf. They were told that Lee was only a British subject while in New South Wales and that as soon as he left, he reverted to Chinese nationality, hence his children were not British subjects by birth or descent. When asked about the matter, Prime Minister Edmund Barton stated it was not of his concern – the payment of the poll tax was a matter for the state of New South Wales to decide, and the family had been allowed in properly under the Commonwealth Immigration Restriction Act.
Barton could be so dismissive of his responsibility because, at that moment in time, domiciled Chinese men were able to bring in their wives and minor children under section 3 paragraph m of the Immigration Restriction Act. This provision was suspended by proclamation after only 15 months, and repealed in 1905, but during the time it was in force 88 Chinese family members, mainly wives, were allowed to enter Australia permanently. One of these was the wife of Kok Say, managing partner of the Hong Yuen & Co. store in Inverell. In mid 1902, Kok Say wrote to the government requesting a permit for his wife’s entry and stating his credentials – he had been naturalised in 1884 after arriving in the colony of New South Wales nine years earlier. In his words, ‘I have made my home here & have no intention of returning at any time to China’. His request was granted without issue and Mrs Kok Say arrived at Sydney from Hong Kong in November 1902.
After the repeal of section 3 paragraph m in 1905, the entry of Chinese wives and children was solely at the discretion of the Minister for External Affairs, and over the following years we see naturalised Chinese continuing to try to find ways to bring their families to Australia, including through legal challenges in the courts. In New Zealand, naturalised Chinese similarly tested the limits of the law in their efforts to bring out wives and children without having to pay the poll tax, which continued to be applied until 1934, before finally being repealed in 1944.
Although the prohibition of Chinese naturalisation was part of the suite of anti-Chinese measures introduced in the Australasian colonies from the 1860s through into the 20th century, its history is more than one of simple exclusion. It is important to also consider the times when Chinese could be, and were, naturalised, and the ongoing legacies of this in their and their families lives. As British subjects, naturalised Chinese had legal and political rights that they continually asserted, testing and challenging the limits of policy and law. Sometimes they were successful in these challenges, sometimes they weren’t, but when we look closely at their individual cases we can see how their actions both shaped and were shaped by the law. We can also see inconsistencies and ambiguities in the law and in the ways it was administered and applied.
In June 1857, four Chinese men from Melbourne – named Sun Tring, Yun Peng, Sun Woee and Hoy Peng – applied for naturalisation. Their memorials for naturalisation give basic details about them:
Sun Tring of Melbourne, 29 years, merchant, arrived on the Annie Bailie in 1852, desires to purchase and hold land
Yun Peng, of Melbourne, 30 years, merchant, arrived on the Challenge in 1854, desires to purchase and hold land
Sun Woee, of Melbourne, 35 years, merchant, arrived on the Cornwall in January 1857, desires to purchase and hold land
Hoy Peng, of Melbourne, 30 years, merchant, arrvied on the Liverpool in 1854, desires to purchase and hold land.
The memorials for naturalisation were each signed by the same six witnesses who knew them and attested to their good character and reputation.
The men were granted their naturalisation certificates on 2 July 1857. They were four of the eight Chinese men granted naturalisation in Victoria in 1857 – the others were Louis Ah Mouy, John Affoo, William Tsze Hing and Abu Mason.
Looking at the signatures on the memorials for naturalisation, I realised something odd about these four men. Their names are the same as those of the Sze Yup (四邑) or Four Counties districts:
Confirmation that the men were granted naturalisation is found in Ancestry.com’s Victoria, Australia, Index to Naturalisation Certificates, 1851-1928 (original data: Chief Secretary’s Department. Index to Naturalization Certificates (1851–1922), VPRS 4396. Public Record Office Victoria).
Next month I will be giving a paper on Chinese women in colonial New South Wales at the International Conference on Chinese Women in World History at Academia Sinica in Taipei. My paper will focus on the early period of Cantonese migration to Australia, from the 1850s to 1880, and present short biographical sketches of four Chinese women who arrived in New South Wales in the 1860s – Ah Happ, Ah Fie, Kim Linn and Sam Kue. Before 1881 there were no legislative limits on the entry of Chinese women to New South Wales.
I was particularly interested in these four women because of their early arrival in the colony, and their rarity among the colonial Chinese population, but there are others I’ve come across whose lives I’d also like to know more about. One of those is Chin Sheng Geong, the wife of the fabulously named missionary and interpreter George Graham Mackie Ah Len.
Chin Sheng Geong (born c. 1856) married George Ah Len (born c. 1837) in Canton in about 1876, while he was on a visit home from Australia. They seem to have arrived back in Australia together in 1877 (along with a female Chinese servant who accompanied Chin Sheng Geong). They lived in the Rocks, which was then Sydney’s Chinatown, in Queen Street, a laneway that ran off Essex Street between George and Harrington streets. There Chin Sheng Geong gave birth to and raised her family of six: Jane (b. 1877), Mary (b. 1879), Ada (b. 1882), James (b. 1886), and twins Peter and Thomas (b. 1888). The children were all baptised. George Ah Len died in 1889, after which time Chin Sheng Geong returned to China with her children.
George Ah Len coincidentally also features in my naturalisation research. He was naturalised as a British subject in 1878 (No. 78/206), and in 1882 was registered as a ‘person known to Government whose endorsement is considered sufficient’ on applications for naturalisation. From 1882 to 1888 he endorsed the naturalisation applications of more than 60 Chinese in New South Wales.
Typically, there is much more to be found about husband than wife, but within his story we can find traces of her. The following brief chronology about George Ah Len and Chin Sheng Geong in Australia is compiled from historical newspapers, government gazettes, naturalisation records, Sands Directories, BDM records and immigration files.
Early in the year Ah Lin was baptised at Maryborough, Victoria, and later, as George Ah Lin, he began his training as an evangelist under Rev. William Mathew in Melbourne.
In October, three Chinese women (one perhaps being Chin Sheng Geong?) were in the congregation at the baptism of six Chinese men by the Rev. Dr Steel, assisted by George Ah Len, at St Stephen’s Church.
On 16 June 1886, birth of James Ah Len, to George and Sheng C, 11 Queen Street, Sydney (NSW BDM 2324/1886 and 1314/1886 V18861314 46; NAA: SP42/1, C1904/71). Birth was attended by Mrs Strange (nurse) and Mrs Morrison.
Birth of twins, Peter and Thomas Ah Len, to George and Shenn, Sydney (NSW BDM 1748/1888 and 1356/1888 V18881356 46 and V18881356 47; 1749/1888 and 1357/1888 V18881357 46)
In January, there was an unclaimed letter at the General Post Office, Sydney, for Mr Ah Len, Queen Street.
1889 ‘No. 32. LIST OF LETTERS RETURNED FROM THE BRANCH AND SUBURBAN OFFICES, AND NOW LYING AT THE GENERAL POST OFFICE, UNCLAIMED’, New South Wales Government Gazette, 2 January, p. 25, http://nla.gov.au/nla.news-article224311037
On 23 April, George Ah Len died at 4 Queen Street, Sydney, aged 52 (NSW BDM 717/1889)
In 2011 I wrote a blog post about a photograph of an unknown Chinese Australian family held in the State Library of Victoria collection. With very few details to go on, in my post I wondered whether I would ever find out the family’s identity. In this guest post, New England local historian Gill Oxley shares with us not only the family’s identity, but more about the interesting lives of Emma Tear Tack, nee Lee Young, and her reverend husband Joseph.
On 22 February 1899, an untitled article appeared on page 2 of the Ballarat Star. It conveyed news of the death of the retired ‘Government interpreter’ for the Ararat and Stawell districts of Victoria, Mr Lee Young. The article also served as an informal obituary, giving details of the life of Mr Lee Young, including his earliest days in Australia (following his immigration from Canton in about 1852) and his life on the goldfields of Victoria in the late 1800s. Towards the end of the article, mention was made of Mr Lee Young’s surviving four daughters and two sons. Two of his daughters were named as Mrs the Rev. James Ah Chue and Mrs the Rev. Joseph Tear Tack.
Mrs the Rev. Joseph Tear Tack was Emma, born at Ararat in Victoria in 1865 (Vic BDM reg. no. 19815), the second youngest child of Lee Young and his wife Elizabeth Wright.
The Victorian Registry of Births, Deaths and Marriages gives Emma’s father’s name as Lee Young and her mother’s maiden name as Elizabeth Lyth. The maiden surname ‘Lyth’ is likely to have been either a mistranscription or else a mispronunciation, as Emma’s mother’s maiden name is given as Elizabeth Wright in official records of the births of most of Emma’s siblings. The record for Emma’s youngest sister, Jessie Lee Young, gives a different name again, with their mother’s maiden name given as Elizabeth Light – quite clearly a misinterpretation of ‘Wright’.
Elizabeth married (‘John’) Lee Young in Victoria in 1856 (Vic BDM reg. no. 3704) and the couple had two sons and four daughters:
William Lee Young, born Ballarat 1859 (Vic BDM reg. no. 7102)
Matilda Lee Young, born Ballarat 1860 (Vic BDM reg. no. 2269)
Henry Lee Young, born Ballarat 1862 (Vic BDM reg. no. 12268)
Alice Lee Young, born Ararat 1864 (Vic BDM reg. no. 6746)
Emma Lee Young, born Ararat 1865 (Vic BDM reg. no. 19815)
Jessie Lee Young, born Ararat 1869 (Vic BDM reg. no. 20004).
At 20 years of age, in 1885, Emma Lee Young married Chinese-born Joseph Tear Tack (Vic BDM reg. no. 4357).
Joseph Tear Tack’s Victorian naturalisation record of July 1883 gives his native place simply as Canton, his age at the time as 35 years and his occupation as minister.
From this we can assume that Joseph Tear Tack was born in Canton in or about 1848. He would therefore have been about 17 years older than Emma at the time of their 1885 marriage. Perhaps it was this age difference that caused the ‘little commotion in Chinese circles’ over their impending marriage, as reported in the Ballarat Star, and other Victorian papers, in May 1885.
After their marriage Emma and Joseph left Victoria and set up home in the tin mining district of Inverell in northern New South Wales. Their first child, Elizabeth Edith Tear Tack, was born there in 1886 (NSW BDM reg. no. 24730). From the beginning of the 1870s, the Inverell district had a very large Chinese population, with Chinese workers being drawn to the area for the rich deposits of alluvial tin that were plentiful there, and for the business opportunities that also presented themselves with the need for fresh vegetables and other supplies in the booming mining district.
Joseph Tear Tack had been sent to Inverell (or more precisely to nearby Tingha) in mid-1884 by the Wesleyan Methodist Church to minister to the resident Chinese population in the area. He was one of the ‘success stories’ of the church’s Chinese mission in Victoria (‘Wesleyan Church, West Maitland‘, Maitland Mercury, 5 June 1884, p. 2).
According to the March–April 1891 edition of the NSW Government Gazette (p. 1892), Rev. Tear Tack was registered at the NSW Registrar General’s Office in Sydney for ‘the celebration of marriages at Tingha’ on 6 March 1891. Joseph Tear Tack and his family of four persons – one male (his eldest son) and three females (Emma and two daughters) – appear as living at Tingha in the 1891 Census (1891 New South Wales Census, Australia). Helen Brown, in her book Tin at Tingha (1982, p. 35), makes mention of the Rev. Joseph Tear Tack being appointed to serve as an ‘assistant Methodist preacher’ at Tingha between 1885 and 1893, and he is also mentioned by Ian Welch in his work on the Methodist Chinese Mission in Australia.
All available evidence points to this lovely family photograph being the Tear Tack family, taken in the Inverell district some time between the years of 1893 and 1896. Although it is difficult to pinpoint the exact location, the photograph is likely to have been taken either at Inverell, Tingha or perhaps at nearby Bundarra. The Tear Tacks’ youngest daughter, Alice Lucy, who does not appear in the photograph, was born at Bundarra in 1896 (NSW BDM reg. no. 2164). Therefore, we can probably assume that the date of the photograph is either 1894 or, at the very latest, early 1895.
To the best of this writer’s current knowledge, the people appearing in the photograph are (left to right):
Joseph Henry Tear Tack, born Inverell 1888 (NSW BDM reg. no. 26002)
the Rev. Joseph Tear Tack
Josiah William Tear Tack, born Inverell 1892 (NSW BDM reg. no. 17560)
Emma Tear Tack nee Lee Young
Laura Matilda Tear Tack, born Inverell 1890 (NSW BDM reg. no. 16916)
Elizabeth Edith Tear Tack, born Inverell 1886 (NSW BDM reg. no. 24730).
The identity of the younger man standing back right is not known at this stage.
After working for some years in the Inverell/Tingha/Bundarra area, where their five children were born, the Rev. Joseph Tear Tack was sent by the church to Darwin in 1896. While living there he, Emma and their children survived a terrible cyclone that destroyed their house (‘Visit of a Chinese missionary to Lithgow‘, Lithgow Mercury, 5 June 1900, p. 2). Joseph was then sent to Cairns just at the turn of the twentieth century. There he was to establish a new mission and undertake Christian missionary work among the Chinese population in far north Queensland. Emma and children did not initially accompany him to Cairns, but shipping news indicated that ‘Mrs Tear Tack and five children’ sailed to Queensland from Sydney aboard the Aramac in November of 1900.
Tragedy struck the Tear Tack family not long after their arrival in Queensland, with Joseph Tear Tack dying of heart failure at Cairns in August 1901 (Qld BDM reg. no. C697). Joseph would have been approximately 53 years of age at the time of his death. Emma Tear Tack was only about 36 when she was widowed with five children. On 11 January 1902, a letter from Emma appeared in The Methodist under the title ‘Acknowledgement’. In it, Emma Tear Tack paid a moving tribute to her husband, Joseph, and thanked their many friends for their support in what she described as her ‘sore and heavy bereavement’.
Emma did not remarry and so remained a widow for the rest of her life. After her husband’s death, she returned to the support of her family of origin in Ballarat, Victoria, some time in 1903. She appears to have raised her five children there, before moving to Burwood, in the inner western suburbs of Sydney, at around 65 years of age (Sydney and New South Wales, Australia, Sands Street Index, 1861-1930).
Emma Tear Tack nee Lee Young died on 28 October 1948 at 83 years of age at her home in Concord (NSW BDM reg. no. 27301). She is buried in the Field of Mars Cemetery at East Ryde in Sydney. A death notice published in the Sydney Morning Herald on 29 October 1948 noted that she was the loving mother of Elizabeth, Henry, Laura, Josiah, Lucy, and adopted daughters Marjorie and Molly.
I am very grateful to Kate Bagnall for originally posting the photograph of the Tear Tack family on her blog, to my cousin Etty Doyle Lang for pointing me in the direction of Kate’s post, and to the keen eye of Paul Macgregor who was the first to spot and recognise the Rev. Joseph Tear Tack in the photograph. I am also very much indebted to Paul for his encouragement, mentoring, collaboration and fine detective skills, and to our friend and colleague, Juanita Kwok, whom we also consulted in solving some of the mysteries initially presented by this photograph.
As I approach the end of my month in Canada I’m feeling like I know less than when I left home, in spite of a good many hours spent in the archives and in conversation with knowledgable people.
It’s a feeling that’s been growing over the past few days, and in the end I think my problem is that while I’ve done all that reading and talking I’ve formed new questions and uncovered complexities that I haven’t yet untangled in my mind.
At the centre of this niggling uncertainty is something that the Canadians themselves don’t seem to get quite right – the story of Chinese Canadian citizenship.
Prior to 1947, anyone born in the United Kingdom or another Commonwealth country, which included Canada, was designated as British subjects. A person received the rights and privileges as a British citizen even if he or she had migrated to Canada.
However, not only were Chinese immigrants not considered British citizens, even Canadian-born Chinese were categorized as aliens. Such Chinese could become British subjects only through naturalization. Only on rare occasions could naturalization laws be appealed by a judge if he or she decided that the petitioner would make a good citizen. Although some well-established, successful Chinese businessmen did become naturalized British subjects, the majority of Chinese could not.
Things changed when peoples of Chinese and Indian descent won the franchise in British Columbia and the Japanese Canadian community established the pan-Canadian National Association of Japanese Canadian Citizens Associations. The Canadian Citizenship Act, which came into force on January 1, 1947 was the first naturalization statute to introduce Canadian citizenship as an entity independent from British subject status. As the Canadian citizenship act also came into effect in 1947, anti-Asian measures such as the 1923 Chinese Exclusion Act, the 1885 Chinese Head Tax, and the Continuous Journey Act were overturned.
While this question of ‘Chinese Canadian citizenship’ is a bit tangential to my exact project at hand – a study of the naturalisation of Chinese in BC to about 1915 – it relates to broader questions about the place of nationality and citizenship in the history of Chinese restriction or exclusion in the British settler colonies. And it relates to my interest in how Australia’s discriminatory laws of the White Australia period impinged on the rights of Chinese Australians, especially Australian-born British subjects of Chinese descent.
Something that I’ve heard a number of time while I’ve been in Canada is that the Chinese did not get Canadian citizenship until 1947, the implication being that this was another example of the discrimination they faced, including the head tax, immigration restriction (exclusion) and disenfranchisement. 1947 was the year that the Canadian Citizenship Act came into force. It was then that the legal status of Canadian citizen was created – before then the Canadian-born were British subjects, as in Australia.
The introduction of the Canadian Citizenship Act at the beginning of 1947 was followed by the repeal of the Chinese Immigration Act (the Exclusion Act) later that year. The linking of these two events has been described like this by Lily Cho of York University:
With the beginning of Canadian citizenship, there was a national conversation about race and citizenship. In the first months of 1947, there were extensive debates in the House of Commons about the racial and ethnic identity of Canadian citizens. These conversations led directly to the repeal of the Chinese Immigration Act in May, 1947, and an end to the era of exclusion.
(Note to self: look at more of Lily Cho’s work, including ‘Redress revisited: citizenship and the Chinese Canadian head tax’, in Reconciling Canada: Historical Injustices and the Contemporary Culture of Redress, edited by Jennifer Henderson & Pauline Wakeham, University of Toronto Press, 2013, pp. 87–99.)
I know that British subject status was a different thing from Canadian citizenship, but what’s puzzling me is the almost complete absence of discussion of how before 1947 Chinese born in Canada were British subjects under common law, just like their white counterparts (for definitions see, for example, the Immigration Act 1910 and Naturalization Act 1914). And that Chinese migrants to British Columbia could be and were naturalised as British subjects from as early as the 1860s – my initial research suggests that up to 1000 Chinese were naturalised in British Columbia before 1915, and around 400 more were naturalised in Canada as a whole between 1915 and 1951.
I’m not far enough into my research to know whether Canadian-born Chinese or naturalised Chinese in BC argued their equal status as British subjects, as some in Australia did, to push back against racially discriminatory treatment. Perhaps they didn’t, and perhaps that’s why it’s not discussed much today. But if not, why not? And if British nationality was of no perceivable benefit in the face of discrimination, why did those hundreds of men choose to become naturalised?
LABBAYU.—In loving memory of my dear mother, Mary Ann Labbayu, who departed this life June 17, 1887, after a long and painful illness; aged 43 years.
It is just twelve months ago to-day
Since my dear mother passed away,
Since I stood by my mother’s side
And saw her breathe her last.
She faded like some southern flower
Parched by cruel rays;
And now beneath the dark, cold sod,
My dear mother lays.
Inserted by her loving daughter, Aggie Hop War, Newcastle.
According to her death certificate (NSW BDM 11450/1887), Mary Ann Labbayu, age 42, died at Watt Street, Newcastle, after suffering cancer of the uterus for three years. She was buried in the Catholic section of Sandgate Cemetery at Newcastle (Portion Catholic 1, Section D Com, Plot 389).
Mary Ann’s death left her two daughters, Sarah and Mary Agnes (Aggie), aged 21 and 19, parentless.
Four years earlier, on 6 September 1883, they had lost their father, Thomas Labbayu, in a riding accident near their home at Greta. Thomas’s accident and the subsequent inquest received a long write-up in the local Matiland newspaper. Thomas was buried at Branxton Cemetery, with a handsome headstone erected by his daughter Aggie and her husband. Mary Ann inherited her husband’s estate.
Thomas Labbayu’s death certificate (NSW BDM 8600/1883) gives some interesting particulars about his life. It says he was aged 46 at the time of his death (meaning he would have been born around 1837), he was originally from China, and had been in New South Wales for 20 years (so would have arrived around 1863). He had worked as a contractor.
But this information doesn’t quite tally with the details given at the time of his naturalisation a decade earlier, in January 1874, and it’s these earlier details that are probably more accurate.
Thomas’s naturalisation certificates states that he was from Armoa, China (presumably Amoy), that he arrived in New South Wales in 1853, and that he was aged 30 in 1874 (meaning he would have been born around 1844). In 1874 he working as a carpenter and fencer at Greta, near Branxton, and had purchased land (NSW Certificate of Naturalization No. 74/12, in the name Thomas Labbayn).
Mary Ann Coyle and Thomas Labbayu married in the manse at St Stephen’s Presbyterian Church, East Maitland, on 17 February 1868 (NSW BDM 2561/1868). At the time of their marriage they were living at Buttai and Thomas was working as a woodsplitter. Mary Ann had given birth to a daughter, Sarah, two years earlier (NSW BDM 10383/1866, registered under surname Coyle), and in the year of her marriage to Thomas, they had another daughter, Mary Agnes (Aggie) (NSW BDM 11567/1868).
When their mother died in 1887, Sarah and Aggie Labbayu were both already married. They had married young: Aggie was sixteen when she married James Sydney Hop War, and Sarah was eighteen when she married James J.H. Ah Chee, both marriages taking place at Greta in 1883.
Sarah married again in 1886, presumably after the death of her first husband, to a man named William Coulton — it was ‘Sara J. Coulton, daughter of the deceased’ who was listed as informant on her mother’s death certificate.
With William Coulton, Sarah had two children, Herbert and Mary, born in 1887 and 1888 (NSW BDMs 30336/1887 and 31671/1888). I haven’t immediately located the birth of any children with her first husband, James Ah Chee, but an immigration file from 1909 mentions a ‘half-caste Chinese’ man named Ah Chee who was the nephew of Aggie Hop War (NAA: SP42/1, C1909/2915).
More can be discovered about the Hop War family. James Hop War was a successful cabinetmaker in Newcastle, where he and Aggie established a home in Watt Street. They had four daughters: twins Eveline and Florence (b. 1884), Agnes Amy (b. 1887) and Gertrude (b. 1889). James Hop War was naturalised in 1882. His naturalisation certificate stated that he had arrived in New South Wales on the Isle of France in 1870 at the age of 17. In a letter to the newspaper in 1891, after certain accusations were made against him, James Hop War declared, ‘I have been a resident of Newcastle for 17 years, have a wife and four children dependent on me for support’. He appears to have been a prominent presence in the local Chinese community and acted as government interpreter.
James, Aggie and their children left New South Wales for Hong Kong in 1892. Some time after, James and Aggie’s marriage fell apart and James returned to Sydney in January 1904 while the rest of the family remained overseas (NAA: SP42/1, C1909/2915).
Versions of the family name that appear in the records are: Labbayu, Labbayue, Labbayn, Labayu, Labbayer, Lavyu.
I will be presenting not once, but twice, during the School of Humanities & Social Inquiry’s Research Week 2016 at the University of Wollongong.
On Monday, 18 April 2016 I am speaking at the Faculty of Law, Humanities & the Arts ‘Early Career Research Presentations with the Vice Chancellor’, 12.30pm to 2.30pm in the University of Wollongong Research Hub, Building 19.2072B. It will be a short presentation outlining my career path to date, my research interests and my new DECRA project. My talk is titled: ‘History, archives and Chinese Australian lives’.
On Wednesday, 20 April 2016 I am speaking at the ‘History Postgraduate and Early Career Researchs Presentation’, 2.30pm to 4.00pm in Building 24.G02. I’ll be talking about my new DECRA project in a presentation titled: ‘The naturalisation of Chinese migrants to Australia, Canada and New Zealand from the 1860s to 1920’. Also speaking will be four History postgrads.