The limit of effectiveness of this act was extended to June 30, 1924, by the act of May 11, 1922 (42 Stat. L., 540).

The history of immigration legislation thus shows clearly the progress of national thought on the subject. In the earlier years stimulation to and inducement of immigration was the expressed purpose of legislation, even contract labor being recognized and admitted. Gradually restrictive measures were introduced as experience taught the need: diseased aliens were excluded, the mentally and physically incompetent, the immoral, enemies of organized government, contract laborers, paupers, aliens likely to become public charges, and the so-called unassimilable races.

Still later the era of rigid exclusion was reached, the law providing for the "barred zone," the literacy test, and percentage or quota admissions. During this latest period there has been widespread agitation for complete prohibition of immigration.

The Problem of Exclusion. The administration of the exclusion provisions of the law have placed the most difficult burdens upon the Bureau of any branch of the work, and of these the problem of excluding the "non-assimilable" races has proved most onerous. While in the main the question has been one involving principles, international relations, and legislation rather than Bureau regulations, a brief discussion is pertinent here because the execution of the exclusion provisions of the law has necessitated administrative changes from time to time affecting the Bureau of Immigration.

Chinese Immigration. Following the settlement of California after the gold rush, the Chinese population had risen rapidly until, in 1860, there were approximately 25,000 residents of this race on the West Coast.

As with aliens in general, the Chinese, at first, were welcomed to this country. Later labor competition made doubly keen by the lower standard of living of the Chinaman and his indefatigable energy, aroused opposition, jealousy, and race feeling, especially on the part of the miners." Agitation finally resulted in national legislation.

Laws regarding the trade in Coolie labor, as has been noted, were enacted as early as 1862," the next act of importance appear

ing on March 3, 1875 (18 Stat. L., 477). The latter was concerned with the problem of impressment and forced emigration. It made provision for determining whether the emigration of Chinese to the United States was free and voluntary and provided penalties for the transportation of involuntary immigrants.

In 1877 the California legislature had appointed a committee, which in its report, emphasized the necessity of national legislation, and during the same year a Congressional committee, after investigation, made a report wholly anti-Chinese in attitude.“

Legislation. It was not until 1882, however, that the first Chinese exclusion act was passed (May 6, 1882; 22 Stat. L., 58) following the treaty which had been negotiated with China on November 17, 1880. This law prohibited the immigration of Chinese laborers into the United States for a period of ten years. It was added to and amended two years later by the act of July 5, 1884 (23 Stat. L., 115)."

The exclusion clauses of the act of 1882 were extended for a period of ten years by the act of May 5, 1892 (27 Stat. L., 25),“ and the Secretary of the Treasury was charged with the duty of making rules and regulations and prescribing forms for the proper execution of the law. The deputy collectors of internal revenue were designated by the Secretary as agents to register and issue certificates of residence to Chinese laborers entitled to remain in the United States."

Confirmation of existing laws regarding the exclusion of Chinese was provided for in a treaty between China and the United States proclaimed December 8, 1894 (28 Stat. L., 1210). It was denounced however by China, and hence expired the same month.

42 These acts were repealed by the act of September 13, 1888 (25 Stat. L., 476). The latter, however, made the enactment clause dependent upon the ratification of a treaty with China, which was never consummated. As a result there was considerable dispute as to whether the law ever went into effect, at least with regard to certain portions.

Congress in order to clarify matters at once passed a supplementary act (25 Stat. L., 504), which was approved October 1, 1888.

"This act was added to and amended by the acts of November 3, 1893 (28 Stat. L., 7) and March 3, 1901 (31 Stat. L., 1093).

"A joint resolution of April 4, 1894 (28 Stat. L., 581), provided funds for payment of extra deputy collectors so employed.

The acquisition of the Hawaiian Islands offered a further complication in the matter of Chinese immigration. As a result the joint resolution of July 7, 1898, was approved (30 Stat. L., 751). It provided:

There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.

This resolution was followed on April 30, 1900, by an act (31 Stat. L., 141, 161), which said:

That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii.

And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii.

* * * *

That Chinese in the Hawaiian Islands when this Act takes effect may within one year thereafter obtain certificates of residence as required by "An Act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninety-two, as amended by an Act approved November third, eighteen hundred and ninety-three, entitled "An Act to amend an Act entitled 'An Act to prohibit the coming of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninetytwo," and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificates: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or District of the United States from the Hawaiian Islands.

Considerable opposition to the exclusion laws was in evidence throughout the country, not only openly expressed by private citizens who aided and commended active resistance but also by public servants and even judicial officers.

Difficulties were emphasized by the fact that administration of the laws was scattered among numerous independent offices. In 1900 general supervision over the Chinese work in Washington was transferred to the Bureau of Immigration under the CommissionerGeneral (June 6, 1900; 31 Stat. L., 611).“

The act of March 3, 1901 (31 Stat. L., 1093), provided for the fixing of fees of United States commissioners and regulated the issuance of warrants in Chinese deportations. By the act of April 29, 1902 (32 Stat. L., 176)," existing laws were reenacted and extended, while on September 23, 1904, the Civil Governor of the Philippine Islands issued Executive Order No. 38, which provided:

WHEREAS, The Department of Commerce and Labor of the United States has, under date of July 27, 1903, issued a certain rule to regulate the admission of Chinese persons from the Philippine Islands into the mainland territory of the United States and into the insular possessions of the United States other than the Philippine Islands, which said rule is as follows:

AND WHEREAS, It is the desire of the government of the Philippine Islands to afford to such eligible Chinese persons, residents of these islands, as desire to depart out of the same for other parts of possessions of the United States, the privilege so to do and to give evidence of such permission and of the status of each person so permitted in the manner now required by law in the case of Chinese persons departing out of a foreign country as nearly as may be: Now, therefore,

The collector of customs for the Philippine Islands is hereby designated to grant such permission in the name of the government of the Philippine Islands to all such Chinese persons as shall have duly established to his satisfaction their eligibility under the law to enter the mainland territory of the United States or any other of its insular possessions.

This permission, and the prima facie establishment of the facts showing eligibility, shall be evidenced by a certificate signed and approved by him in analogy to the certificate required by section 6 of the act of Congress of July 5, 1884, and referred to in the rule above cited.

45 At the ports of entry collectors of customs were still the designated agencies, while collectors of internal revenue were employed in matters of registration or the reissuance of lost or destroyed certificates.

40

'Amended and re-enacted by the act of April 27, 1904 (33 Stat. L., 394, 428).

It is further ordered that in the case of Chinese persons coming from the other insular possessions of the United States to the Philippine Islands, bearing certificates issued in pursuance of the rule above mentioned, they shall be accorded at the ports of the Philippine Islands the same right of entry as they would have, did they come possessed of similar certificates issued by a foreign Government.

On February 14, 1903, the act creating the new Department of Commerce and Labor (32 Stat. L., 825, 828) was approved. Under this law authority over matters of Chinese exclusion was transferred from the Secretary of the Treasury to the Secretary of Commerce and Labor. It was delegated by him to the Commissioner-General of Immigration, thus centralizing the work. On July 1, 1903, officers of the Bureau were substituted for collectors of customs in the field, and the former duties of the collectors of internal revenue were transferred to Washington and placed under an officer of the Bureau of Immigration.

Thus for the first time the duties involved in Chinese exclusion and general immigration were consolidated and centralized."

Two acts concerning the administration of Chinese affairs were now approved. The act of August 24, 1912 (37 Stat. L., 417, 476), made provision for the payment of maintenance and return fare expenses of deported Chinese aliens by persons or organizations responsible for their arrival, while that of June 23, 1913 (38 Stat. L., 65), provided that:

from and after July first, nineteen hundred and thirteen, all Chinese persons ordered deported under judicial writs shall be delivered by the marshal of the district or his deputy into the custody of any officer designated for that purpose by the Secretary of Labor, for conveyance to the frontier or seaboard for deportation in the same manner as aliens deported under the immigration laws.

A corrective provision was included in the law in 1917. The act of February 20, 1907, by its wording had shown intent to make the removal of Chinese found to be illegally in the United States, an administrative rather than a judicial process. The law failed to accomplish this end, however, because of ambiguity of wording.

"Investigation in China and approval for emigration of prospective immigrants into the United States remained in the hands of consular and diplomatic officers under the Department of State.