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In the fall of 1921, a highly educated and cultured woman, born in Turkey, of Armenian parents, applied for permission to come to the United States. She had lived her entire life in Switzerland, yet, when requesting a visa on her Swiss passport at the office of the American consulate, she was informed that the Turkish quota was exhausted and that in the eyes of the United States law she was a Turk!

Again, on March 29, 1922, a woman, extremely intelligent and accomplished, born in Posen, a German city, before the operation of the Versailles Treaty, by which it was made Polish territory, applied at Berlin for admission to the United States. She had lived her entire life on German soil, had married a German, and was unable to read, write or speak a word of Polish. Her application for a visa at the office of the American consulate was refused, owing to the fact that the quota from Poland was exhausted and in the eyes of the Three Per Cent Law she was a Pole. One of her relatives in Hoquiam, Washington, immediately notified Mr. Johnson in Washington, District of Columbia, of her dilemma, but his reply is self-explanatory: "Investigation reveals government powerless to afford immediate relief. Law establishes nationality by birthplace, not allegiance. Must await availability of Polish quota on July 1st."

UNITED STATES CONSULAR SERVICE IN EUROPE CONCERNED WITH TWO ANTAGONISTIC POLICIES

The consular service has had unusual duties and responsibilities imposed upon it in consequence of the passage of the Percentage Law, and the very purpose for which this branch of the government has been organized is about to be defeated if the enforcement of restrictive measures is handled by its agents.

Primarily, the consular service is concerned with fostering amicable business relations and building up trade with foreign peoples and their governments. The enforcement of restrictive immigration laws creates ill feeling and antagonism, leading to commercial retaliation, among the very people with whom it must establish friendly intercourse.

A consul dealing with the visas of passports for emigrants states that a visa for an emigrant will be requested by a person with whom he is attempting to enter into some business negotiations, and,

upon his refusal to grant the visa, because the quota is exhausted, this influential business man will place his orders with some business or commercial rival of the United States.22

DIFFICULTIES WITH FOREIGN GovernmENTS REGARDING
PASSPORT CLAUSES

Certain difficulties have arisen in regard to the passports issued to emigrants from foreign governments, especially where racial divisions were in question, and they have taxed the ingenuity of United States government officials.

The unsettled economic, industrial, political and religious situation in Europe have caused many nations to adopt a policy toward its emigrants which may have far-reaching results with us.

The Percentage Law seems to have offered a golden opportunity to dispose of any elements of its population which, under the conditions prevailing at that time, might be considered undesirable whether for industrial, political or religious reasons.

It was discovered that the Roumanian Government, in issuing passports to the United States, stipulated that the emigrant would not be allowed to return to that country. The matter was called to the attention of the Department of State, with the result that the notice was removed from the passport, but whether the emigrant is a persona grata in Roumania is a debatable question.2

23

Again, Jugo-Slavia enacted legislation which might be interpreted to mean that its nationals would be allowed to return to Jugo-Slavia only in vessels approved by its government. This was called to the attention of the United States, and the State Department immediately took up the matter, with the result that the stamping of certain obnoxious words on the emigrant's passport has been discontinued. Nevertheless, it is a moot question whether or not the emigrant's chances of return to his country have materially increased.24

UNSETTLED BOUNDARY LINES A CAUSE FOR CONFUSION

Owing to the great confusion arising under the operation of the Three Per Cent Law, many people have attempted to devise

22 See Report of Committee on Immigration and Naturalization, 1920-21, pp. 93–4. 23 See Report of Committee on Immigration and Naturalization of House of Representatives, 1921, pp. 93-4.

24 See Hearings of Committee on Immigration and Naturalization, House of Representatives, 1921, pp. 33-4.

methods for overcoming the contradictions in the act. In this connection, perhaps it is well to explain that in some of the new countries of Europe the boundaries are evidently fixed according to the majority and minority races. One method devised was to compel the Polish authorities, for example, to send us a certain number of Poles of each religious faith, the Jew and the non- -Jew, but it was realized that the machinery necessary to that end would become too cumbersome. So the plan was abandoned.

It is believed that Poland and Eastern Galicia have no objection to the departure of Jews, because a plebiscite is to take place in that country within a few years, and the voting privileges necessarily accorded the Jew at that time would not further the political ambitions of the party in power.

There is information to the effect that the French Government has entered a protest with the United States Government regarding some of the provisions of the recent immigration act of 1921.

OBJECTIONS RAISED BY FOREIGN GOVERNMENTS RELATIVE TO BILLS PROVIDING FOR EXAMINATION OF ALIENS BY AMERICAN CONSULATES

The introduction of a bill in the Senate and of two bills in the House providing for the examination by our consular agents of aliens desirous of emigrating to the United States, was the cause for recommendations made to Secretary Hughes by the Royal Italian Embassy on September 15, 1921. Its objections to the proposed legislation was that such bills would allow the United States the definite power of selection of its immigrants, and that there was thus granted to consular agents a power which is not recognized by treaties between nations.

Similar tentative objections have been raised by other foreign governments relative to the same proposed legislation.25

It is recalled that this plan of examination of immigrants at ports of embarkation had been suggested in former years, but the Immigration Commission of 1907-10, after exhaustive investigation, had failed to recommend legislation in the United States toward that end.26

25 See Hearings of Committee on Immigration and Naturalization, House of Representatives, 1921, pp. 291-2.

28 See Abstracts and Reports of the Immigration Commission, 1911, Vol. I, p. 26.

FURTHER RESTRICTIVE MEASURES PROPOSED AND

DISCUSSED At Committee Hearings

During the sessions of the fall of 1921, hearings before the Committee on Immigration and Naturalization of the House, held for the purpose of ascertaining whether or not a substitute act for the Three Per Cent Law could be evolved, the chairman, in explanation to a witness, stated that "we are desirous that the acts shall be heavily restrictive as to immigration." Among his reasons for this policy were "the great unemployment in the United States, the great unrest in Europe, the great shoving out of some people in some of the different countries, the packing up of refugees in Glasgow, London, Liverpool, Danzig, Paris and elsewhere, the great objective of all apparently the United States." 27

DENMARK DESIRES FULL QUOTA

An inquiry has been transmitted to the Department of State by the Royal Legation of Denmark regarding the quota allotted to that country. The claim has been presented that owing to the war of 1864, Schleswig-Holstein was annexed to Germany, but a recent plebiscite has determined that northern Schleswig should return to Denmark. Even though Denmark has a larger quota of which to avail itself than it requires, yet it evidently desires the allowance owing to its additional territory.

27 Hearings Committee on Immigration and Naturalization, House of Representatives, 1921, pp. 290-300.

CHAPTER VI

CALIFORNIA THE BATTLEGROUND FOR CHINESE EXCLUSION

A brief account of the influence of the Chinese standard of living on the Pacific Coast on the enactment of the Chinese Exclusion Acts. The growth of resentment against the Chinese is shown to have effected the termination of the Immigration Treaty with the United States at the instance of China in 1904.

CHINESE FLOCK TO PACIFIC COAST ABOUT 1850

The state of California has been the battleground for all legislation relating to Oriental immigration. The first legal recognition of the right of the Chinese to emigrate to the United States is found in the Treaties of 1844 and 1858, between the two nations. By these instruments, protection to the nationals of both countries was guaranteed, the right of migration to either country was stipulated and trading privileges were granted by China to the United States.1

Impelled both by the high wages offered in California and by the famine at home occasioned by the Tai-Ping Rebellion the Chinese commenced to flock to the United States during the rush of the gold discoveries in 1849-50.

STANDARD OF LIVING A CAUSE FOR ANTI-CHINESE SENTIMENT

The Daily Alta of California, a most influential newspaper, published in the spring of 1853, a series of Anti-Chinese editorials which fostered the budding opposition to the immigration of the Chinese.

The Chinese were charged with being "debased and servile

1 Malloy 1: 196. Malloy 1: 211.

Treaty of Peace, Amity and Commerce concluded between the United States and the Ta Tsing Empire, July 3, 1844.

Ibid. Treaty concluded June 18, 1858.

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