Investigations by the Industrial Commission. The immigration law of 1907.... Legislation for the suppression of the white-slave traffic.. Chinese legislation: The Burlingame treaty.. Congressional inquiry of 1876–77. The Chinese treaty of 1880.. The Chinese-exclusion law of 1882. The Chinese-exclusion law of 1884. The Chinese treaty of 1888.... Page. 561 562 564 564 564 565 566 567 568 569 569 569 570 571 571 573 574 575 577 578 579 580 580 581 581 581 582 583 583 584 FEDERAL IMMIGRATION LEGISLATION. This feature of the Immigration Commission's general report is a brief review of the sentiment toward immigration as expressed in legislation, or attempts at legislation, upon the subject in Congress. For convenience, the review is divided into four periods, namely: From colonial times to 1835; the "Native American" and "Know Nothing" period, 1835-1860; end of state control, 1861-1882; period of national control, 1882 to the present time. Chinese-immigration legislation is discussed in a separate chapter. During the period first mentioned immigration was taken as a matter of course; the only legislation enacted, and practically all that was proposed, was the law of 1819 for the regulation of the carriage of steerage passengers at sea, which law also for the first time provided that statistics relative to immigration to the United States be recorded. THE NATIVE AMERICAN MOVEMENT. The second period, from 1835 to 1860, is sharply defined by the so-called "Native American" and "Know Nothing" movements, which, as is well known, were largely based on opposition to the immigration of Catholics. The hostility early took the form of a political movement, and in 1835 there was a Nativist candidate for Congress in New York City, and in the following year that party nominated a candidate for mayor of the same city. In Germantown, Pa., and in Washington, D. Č., Nativist societies were formed in 1837, while in Louisiana the movement was organized in 1839 and a state convention was held two years later. It was at this convention that the Native American party, under the name of the American Republican party, was established. In 1845 the Nativist movement claimed 48,000 members in New York, 42,000 in Pennsylvania, 14,000 in Massachusetts, and 6,000 in other States, while in Congress it had 6 Representatives from New York and 2 from Pennsylvania. The first national convention of Native Americans was held in Philadelphia in 1845, when 141 delegates were present and a national platform was adopted. The chief demands of this convention were a repeal of the naturalization laws and the appointment of native Americans only to office. While these societies were stronger in local politics than in national, and were organized chiefly to aid in controlling local affairs, their few representatives in Congress attempted to make Nativism a national question. As a result of their efforts, the United States Senate in 1836 agreed to a resolution directing the Secretary of State a to collect certain information respecting the immigration of foreign paupers and criminals. In the House of Representatives on February 19, 1838, a resolution was agreed to which provided that the Committee on the Judiciary be instructed to consider the expediency of revising the naturalization laws so as to require a longer term of residence in the United States, and also provide greater security against frauds in the process of obtaining naturalization. The committee was further instructed to consider the propriety and expediency of providing by law against the introduction into the United States of vagabonds and paupers deported from foreign countries. This resolution was referred to a select committee of seven members and its report was the first resulting from a congressional investigation of any question bearing upon immigration. Four members of the committee were from New York and Massachusetts, which were then the chief centers of the antiforeign movement, and its report recommended immediate legislative action, not only by Congress, but also by many of the States, so that alleged evils could be remedied and impending calamities averted. Two southern members of the committee and the member from Ohio did not concur in the report. It is interesting to note that a recommendation to this committee by the Native American Association of Washington urged that a system of consular inspection be instituted, a plan that in recent years has been repeatedly recommended to Congress. The plan was to make the immigrant, upon receiving his passport from the consul, pay a tax of $20. The committee, however, did not include this provision in its recommendations to Congress. The bill presented on recommendation of the committee provided that any master taking on board his vessel with the intention of transporting to the United States any alien passenger who was an idiot, lunatic, maniac, or one afflicted with any incurable disease, or anyone convicted of an infamous crime, should be fined $1,000, or be imprisoned not less than one year nor more than three. It was further provided that the master should forfeit $1,000 for any alien brought in who had not the ability to maintain himself. Congress did not even consider this bill, and during the next ten years little attempt was made to secure legislation against the foreigner. In a message to Congress on June 1, 1841, President Tyler referred to immigration in part as follows: We hold out to the people of other countries an invitation to come and settle among us as members of our rapidly growing family; and for the blessings which we offer them, we require of them to look upon our country as their country, and unite with us in the great task of preserving our institutions and thereby perpetuating our liberties. As a consequence of the sudden and great increase of immigration from Europe between 1848 and 1850, the old dread of the foreigner was revived, and in the early fifties the native Americans again became active. The new, like the earlier movement, was closely associated with the anti-Catholic propaganda. The new organization assumed the form of a secret society. It was organized probably in "H. Rept. No. 1040, 25th Cong., 2d sess. 1850 in New York City, and in 1852 it was increased in membership by drawing largely from the old established Order of United Americans. Its meetings were secret, its indorsements were never made openly, and even its name and purpose were said to be known only to those who reached the highest degree. Consequently the rank and file, when questioned about their party, were obliged to answer, “I don't know;" so they came to be called " Know Nothings." By 1854 much of the organization's secret character had been discarded. Its name-Order of the Star Spangled Banner-and its meeting places were known, and it openly indorsed candidates for office and put forth candidates of its own. It is recorded that in 1855 in New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, California, and Kentucky the governors and legislatures were "Know Nothings," while the party had secured the choice of the land commissioner of Texas and the legislature and comptroller of Maryland, and had almost carried the States of Virginia, Georgia, Alabama, Massachusetts, Louisiana, and Texas." Encouraged by its success in local affairs, the "Know Nothing" party in 1855 began to make plans for the presidential election. In that year a national council was held at Philadelphia. A platform was adopted which called for a change in the existing naturalization. laws, the repeal by the legislatures of several States of laws allowing foreigners not naturalized to vote, and also for a repeal by Congress of all acts making grants of land to unnaturalized foreigners and allowing them to vote in the Territories. In the following year a national convention of the party was held in Philadelphia, and 27 States were represented by 227 delegates. Nearly all the delegates from New England, Ohio, Pennsylvania, Illinois, and Iowa withdrew from the convention when a motion was made to nominate a candidate for President. The withdrawing minority wanted an antislavery plank. Those remaining nominated Millard Fillmore for President. The principles of the platform adopted at this convention were that Americans must rule America, and to this end native-born citizens should be selected for all state, federal, and municipal government employment in preference to all others. A change in the laws of naturalization, making continued residence of twenty-one years an indispensable requisite for citizenship, and a law excluding all paupers or persons convicted of crime from landing in the United States were demanded. Millard Fillmore was also nominated for the presidency by the Whig party in a convention held the following September, but the Whigs did not, however, adopt the platform of the "Know Nothings," and even referred to "the peculiar doctrines of the party which has already selected Mr. Fillmore as a candidate." At the November election in 1856 Mr. Fillmore received only 874,534 votes, carrying but one State, Maryland; and it is impossible to say how many of these votes were due to the fact that he was a candidate of the "Know Nothing" party. a Riotous Career of the Know Nothings, J. B. McMaster, in Forum, Vol. XVII, p. 534. McKee's National Conventions and Platforms. |