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United States are likewise divided into two classes, known as emigrant aliens and nonemigrant aliens; the former including permanent alien residents of the United States who intend to reside permanently abroad, while the nonemigrants include resident aliens making a temporary trip abroad and aliens leaving the country after a tem
It is a noticeable fact that the comparatively large influx of Japanese since the agreement is in a great measure due to the increased immigration of women. This is clearly brought out by published statistics, which show that 122,293 males were admitted during the preagreement period, compared with only 33,510 admitted under the agreement, while the total number of females coming in these two periods was 20,363 in 1899–1908, and 80,532 in 1909-1919. Resorting again to annual averages, it is shown that before the agreement the average number of Japanese females entering continental United States each year was only 688, but the average increased to 2,567 during the agreement. In the case of Hawaii the average annual number of females admitted was 1,926 before, and 1,708 after, the agreement, and for the mainland and Hawaii combined, 2,614 prior to the agreement and 4,275 afterwards.
The total number of Japanese aliens, immigrant and nonimmigrant, admitted to Hawaii and the mainland in 1909-1919 was 116,728 and the total number of emigrant and nonemigrant aliens leaving was 97,849, showing an excess of arrivals over departures of 18,879. In this connection it may be noted that 13,579 more males departed than arrived during the period, while among females the excess of arrivals over departures was 32,458.
The increased number of women is not considered surprising in view of the fact that the agreement leaves Japan free to grant passports to women coming to join husbands, although such women may be of the laboring class and may become laborers here. In this connection, it may be pointed out that by far the largest number of the women thus admitted under the terms of the agreement are of the class usually known as "picture brides,” and are alleged to be the wives of Japanese men already in the United States.
Previous to May 5, 1917, if such female applicants were otherwise admissible under the general terms of the immigration law then in force and they presented passports issued under the agreement, admission followed only after the performance of a marriage ceremony in accordance with the laws of this country. This, in effect, allowed such a bride, while in an immigration station at a United States port, to qualify as the wife of a resident of the United States in order to become admissible under our immigration law-something not contemplated either by its spirit or letter. In other words, a woman, no matter whence she might come, arriving at one of our ports without possessing the qualifications required by our law for entry, might qualify by being permitted to do after arrival that which as one of the necessary elements for admission should have been a fact before arrival. This practice was not satisfactory either to the department or to the bureau. It became the subject of continued study, and when the present immigration act containing the illiteracy test was passed, it became imperative on or before the taking effect thereof (May 5, 1917)--as a percentage of the women who applied for admission as such wives had been found to be illiterate --to fix the legal status of these so-called picture marriages.
In the absence of treaty provisions the validity of such a marriage is to be determined by the law of the place where it is contracted or celebrated, and if valid there it will, generally, be regarded as valid in any State or country in which the parties may subsequently reside, although invalid under the law of the subsequent domicile if contracted or celebrated there.
It therefore became necessary to ascertain what was the law of Japan upon the subject, and whether that nation provided for and made legal a marriage contracted while one party to the marriage was living there on the date of the marriage and the other at the time was actually in a foreign jurisdiction The department and the Bureau of Immigration accordingly made extensive investigations, as a result of which it was learned upon high authority that the Japanese law provides for the complete legalization of the marriage ceremony upon official notification by the contracting parties and their witnesses to the Government registrar; that this notification may be either oral or in writing, and if the latter is the case, it is not necessary that the parties appear personally before the registrar, but the notification to him may be made by a duly signed and sealed document, the place of actual residence of the parties not being material; that under this law it is possible for a Japanese man residing in the United States to contract a valid marriage with a woman residing in Japan by giving official notification to the registrar in that country in writing over his personal signature and seal; that the woman who becomes a party to a marriage of this kind is always furnished with a certified copy of the family registry, attesting the marriage, upon which document the Japanese Government issues to her a passport as the wife of a Japanese resident of the United States. Accordingly the department (May 5, 1917), adopted the following rule of administration:
That the validity of these marriages be recognized, unless or until it is definitely shown that they are not legal marriages under the laws of Japan, or until it satisfactorily appears that the residence in the United States of one of the parties brings the consummation of the marriage ceremony within the jurisdiction of our laws; that proof of euch marriages be required, not only by a certified record of the registrar but also by a certified copy of the notification of marriage made out by the party to the same living in the United States; and that marriages at our ports be prohibited.
In pursuance of this rule passports issued to wives of Japanese as above indicated are accepted, unless fraud or mistake in their issuance or presentation to immigration officers is made to appear, and marriages at our ports have not since been permitted.'
It remains to be said that after 11 years of experience the bureau is of the opinion that, while the operation of the agreement has kept the immigration of laborers at a much lower point than otherwise would have been the case, it has not brought the degree of restriction which might have been, and probably was, anticipated by those who took part in its negotiation. This result, in the main, grows out of the terms of the agreement, rather than the manner of its observance by the governmental ' authorities intrusted with its administration.
1 Information recently received by the bureau is to the effect that it is alleged Spain and Portugal allow the marriage of a resident of one of those countries with a resident of a foreign country by permitting representation of the latter by an attorney in fact appointed by power of attorney.
THE ASIATIC BARRED ZONE.
The Pacific Coast States were for a time face to face with an influx of East Indian laborers which, if it had not been checked, would have created another serious problem. Nine immigrants of this race were admitted in the year 1900, but the number increased until in 1910 it had reached 1,782. This was not a large number as immigration goes, but the coast States had seen other oriental immigration begin in a small way and develop to large proportions. Insistent demands for exclusion were made, and the immigration service utilized the then existing law to the fullest extent in an effort to check the incipient movement until some means of stopping it altogether could be found. These efforts met with some measure of success, for the number admitted in 1911 was only 517, compared with 1,782 in the previous year, while in the next six years (1912-1917) a total of only
756 came. During this period Canada also restricted the immigration of East Indians to a very small number annually, and the attitude of the Dominion helped materially to reduce the number coming to the United States, for it undoubtedly served to discourage the promoters of the movement from India to the western world.
Various laws were proposed as a barrier against possible future immigration from India and this was finally accomplished through the so-called barred zone" provision in section 3 of the immigration act of February 5, 1917. This provision excludes from the United States natives of the territory included within such zone not belonging to_the exempted classes specified. The zone includes India, Siam, Indo-China, parts of Siberia, Afghanistan, and Arabia, the islands of Java, Sumatra, Ceylon, Borneo, New Guinea, Celebes, and various lesser groups with an estimated population of 500,000,000. The exempt classes consist of government officials, travelers for curiosity or pleasure, and persons of certain specified professional classes, so that in effect, laborers only are prohibited. The actual boundaries of the barred zone include a portion of China, but the act provides that where immigration regulation, or rather exclusion, is
‘provided for by existing treaties” the geographical exclusion is not applicable, hence, China is not within its scope. The act, however, contains the important stipulation that “no alien now in any way excluded from, or prevented from entering, the United States shall be admitted to the United States," so that the status quo of exclusion is assured even if existing treaties should cease to accomplish that result.
The bureau respectfully suggests consideration of the extension of the barred zone to such parts of Asia as are not now included therein nor affected by exclusion laws or agreements, and also to Africa and adjacent islands, so as to exclude inhabitants who are of the unassimilable classes or whose admission in any considerable number would tend to produce an economic menace to our population.
The promised extension of existing spheres of influence, and the establishment of new spheres through mandatories or otherwise in various parts of the Eastern Hemisphere, will without doubt open means of communication which will inspire a migratory spirit among the people of those regions. Past experience has shown this to be true. Already there is considerable immigration of the classes indicated from the continent of Asia proper not now subject to exclusion laws or included in the barred zone, and also in a small degree from some parts of Africa. It is a well known fact that as knowledge of the freedom enjoyed and opportunities offered in our country has penetrated remote corners of the earth, immigration therefrom has resulted, and it is certain that the same effects will follow with the opening up of these undeveloped lands along commercial and other progressive lines.
In a period of transition, and while the spirit of emigration is still largely dormant among these peoples, lies our opportunity to insure protection for the future. Like the barred zone, these parts of the world have masses who can be spared from their home countries but whose immigration here in large numbers would overwhelm
Let us fully protect ourselves first, and consider afterwards whether exemptions can be made with safety to our country.
OTHER IMMIGRATION SOURCES
The records of earlier immigration from Canada are very incomplete, but our census shows that as early as 1850 there were 147,711 natives of that country in our population. The number increased steadily at later census periods and in 1910 it had reached 1,204,637, including 385,083 French and 819,554 of other origin. Newfoundland had contributed an additional 5,080, but natives of Canada alone ranked fifth among our foreign-born peoples, being exceeded only by natives of Germany, Russia, Ireland, and Italy. This record indicates Canada's importance as a source of immigration.
On the other hand there has been, particularly in recent years, a considerable amount of emigration from the United States to Canada including both natives of this country and former immigrants, and the Canadian census shows that there were 303,680 natives of the United States in the Dominion in 1911, compared with 127,899 in 1901, and 80,915 in 1891.
During the 11 fiscal years 1909-1919 the total immigration from Canada to the United States, including returning American citizens, was approximately 1,288,000, compared with an immigration into Canada from the United States of 1,072,000, or a balance of about 216,000 in our favor. In the movement of United States citizens alone to and from Canada the balance is in favor of the latter, for during the past 10 years nearly 562,000 have gone there and about 367,000 have come to the United States. It should be understood that these groups do not include those who cross the border temporarily in either direction, but only those who come or go for expected permanent residencé.
The movement of alien immigrants from Canada to the United States is very largely made up of persons of northern and western European descent or birth, the chief elements in the order of their importance being the English, French, Scotch, Irish, German, and Scandinavian. Peoples of southern and eastern European stock form relatively a small part of the movement.
Immigration from Mexico is not very large, but it plays an important part in the labor supply of the Southwest. In fact, much of the movement is made up of those whose coming and going is regulated by the demand for labor in the border States. The records show that in the past 20 years about 187,000 immigrants have been admitted from Mexico. The great majority of these were native Mexicans, but there is also a small movement of Europeans and Asiatics over the border every year. The immigration legislation of Mexico lacks the restrictive features of our system, with the natural result that some diseased, criminal, or otherwise inadmissible aliens from Europe and Asia seek illegal entry over the Mexican border, making that border an exceedingly difficult field of work for thé bureau.
The West Indies, including Cuba, Jamaica, and other islands, have become quite an important source of immigration in recent years, the total admissions during the past 20 years being approximately 215,500. The peoples chiefly, represented in this movement are African (black), who came mainly from Jamaica and the Bahamas; Cuban; and Spanish. As in the case of Mexican immigration, many of those coming from the West Indies are seasonal laborers, who find employment in Florida, but the development of steamship connections between the islands and northern ports has resulted in a considerable movement of Negroes who stay more or less permanently in New York, Massachusetts, and other eastern States.
CENTRAL AND SOUTH AMERICA.
There is comparatively little immigration from Central and South America, the total number coming from these two sources in the last 20 years being 20,603 and 52,009, respectively. These are divided between natives of the various countries, and Europeans who settle there for a time and then move to the United States. Although these countries have not been the source of much immigration in the past it is expected that improved direct steamship communications will result in a considerable, perhaps a large, increase in the near future.
Immigration from Africa has been unimportant, as it has averaged only about 750 a year during the past two decades. Most of those coming have been of European stock, although a few natives have joined in the movement. It is apprehended, however, that improved transportation facilities may result in the opening up of Africa as a source of immigration, and as mentioned elsewhere, it is recommended that the barred zone be extended to include that continent.
Australia, New Zealand, and Tasmania combined have contributed somewhat less than 22,000 immigrants in 20 years, the majority of these being of British stock. There has been no increase in the movement in recent years and there is little or no indication that these far away countries will ever become a source of much immigration.