CONTENTS. CHAPTER III. The end of State legislation: Law to encourage immigration.. Opposition to contract labor... State control declared unconstitutional. The movement for national control.. CHAPTER IV. National legislation: The first contract-labor law... Sentiment toward immigration.. Investigations of the Ford committee. Immigration committees established. The investigations of 1892...... 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..... The Chinese-exclusion law of 1888. The Chinese-exclusion law of 1892. 2. Contract-labor act of February 23, 1887. D. Message from the President of the United States, returning to the House of Representatives, without approval, House bill 7864, entitled “An act to amend the immigration laws of the United States" E. Treaties and laws respecting Chinese immigration, 1881-1904: 1. Treaty between the United States and China concerning immigra- FEDERAL IMMIGRATION LEGISLATION. CHAPTER I. EARLIER PERIOD. (Colonial times to 1835.) Little can be said about the sentiment toward immigration during the colonial period, for in reality there were no immigrants until colonization ceased. Those who came first and helped to build and establish the State were colonists, and the term "immigrants" is usually applied to those who came later and helped to develop the new nation. The question was considered in the Declaration of Independence in the following terms: He [the King of Great Britain] has endeavored to prevent the population of these States; for that purpose obstructing the laws of naturalization of the foreigners, refusing to pass others to encourage their migration hither, raising the conditions of new appropriations of land. Following is the only direct reference in the Constitution to the subject of immigration: The migration or importation of such persons as any of the States now existing shall think proper to admit shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person." At the time it was intended, apparently, to apply only to the importation of slaves. Later, however, when the question became acute whether the National Government or the state government was intrusted with the control of immigration, this clause was interpreted by the Supreme Court of the United States to mean that, for a period of 10 years, the power to regulate immigration was given to the States, an exception to the general power to regulate commerce expressly assigned to Congress." In the discussions of the Federal Convention the question of immigration was frequently considered. Madison, in seconding an amendment requiring merely "citizenship and inhabitancy " as a requisite qualification for the House of Representatives, gave a fair idea of the general feeling of the time, according to the record: " He [Madison] wished to invite foreigners of merit and republican principles among us. America was indebted to emigration for her settlement and prosperity. That part of America which had encouraged them most had advanced most rapidly in population, agriculture, and the arts. " Article I, section 9, clause 1. Mr. Justice McKinley's opinion (7 How., 283). • Elliott's Debates of the Federal Convention, vol. 5, p. 411. 5 In the power to establish a uniform rule of naturalization the framers of the Constitution thought rested whatever safeguard against the foreigner and foreign influence was necessary. The first naturalization law, passed in 1790, was moderate in its demands. A residence of only 2 years was required. In 1795 it was increased to years and in 1798 to 14 years. This law of 1798 was partly due to a slight feeling against alien influence and a fear that it would increase. It was thought to be unsafe to invest the newcomer so early in his career with all the rights of the native. The law was repealed in 1801, and the length of residence required for naturalization reduced to 5 years. THE ALIEN AND SEDITION ACT." This act, though prompted by a certain sentiment against aliens, was a measure through which the Federal Party hoped to establish themselves in power by disorganizing the opposition party, which had a readier support at the polls from the oppressed of other countries, like the Irish, Scotch, and French immigrants. This law provided that the President could order any alien whom he deemed dangerous to the United States to depart, and he was also given the right to enforce it by imprisonment. Provision was made for the reports from masters of vessels giving a description of all passengers arriving in this country. These lists were in no wise for the purpose of finding out the number of foreigners coming, but were to be used simply as a means of keeping out those once deported. At the time of its passage it was a very unpopular act, and considered by many unconstitutional, but by a provision of the law itself its duration was fixed at two years only. The act was one of the first manifestations of a nativist feeling. It Until 1819 no law was passed in Congress which affected the immigrant. An act then adopted, though applying to all passengers, was in reality a law regulating immigration, because then nearly all passengers were immigrants. For several years a large percentage of all persons starting for the United States had been dying en route, owing to lack of provisions and because of overcrowding on shipboard. The purpose of this law was to overcome these evils. provided that only two passengers could be taken on board vessels coming or going from ports of the United States for every 5 tons of such vessel, and that a sufficient supply of water and provisions must be carried for the use of the passengers and the crew. With the passage of this law also begin the statistics of immigration. No continuous record of arriving passengers had ever before been made. Now lists, giving the age, sex, occupation, the country to which the passengers belonged, and the country of which they intended to become inhabitants, were required of all captains of vessels coming from foreign places. b From 1819 until 1835 no particular attention was paid to immigration, the plan of the Government evidently being neither to encourage it by any special inducements nor to discourage it by legisla 1 Stat. L., pp. 570-572. See Steerage Legislation, pp. 335 to 486. tion. The only departure made from this rule was occasionally to furnish assistance to emigrants who, having arrived here with a view of forming settlements, had specially needed such assistance to carry their plans into effect. An example of this is the act of June 30, 1834, which provided that 36 sections of land in Illinois and Michigan be granted to Polish exiles providing they inhabited, cultivated, and paid the minimum price per acre for it. In this particular case the Senate wanted to give them the land outright, but the House objected, claiming that it would be a discrimination against natives. |