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XVI

LEGISLATION AND ADMINISTRATION*

The first legislation by the National Government regarding immigration was enacted in 1882. Previous to this time the matter of regulation and inspection of immigrants arriving at our ports rested entirely with the individual States.

The history of legislation relative to immigration by both State and National Governments may be divided into four periods: (1) from colonial times until 1835; (2) the "Native American" and "KnowNothing" period, lasting from 1835 to 1860; (3) end of State control, 1861-1882; (4) the period of National control, 1882 down to the present time.

During the first of the above-mentioned periods, the States alone interested themselves with the question of immigration. The only legislation enacted, and practically all that was proposed, by the Federal Government was the law of 1819 which aimed to secure some degree of comfort and convenience for steerage passengers en route to this country. This law, also, for the first time provided that statistics and records regarding immigration to the United States should be kept.

This chapter in large part is based upon the monograph entitled, "Federal Immigration Legislation,' which was prepared for the former United States Immigration Commission by Special Agent Frank L. Shaw (see Reports of The Immigration Commission, Volume 39). Mr. Shaw's treatment of the subject up to the year 1910 is elaborate and accurate. The abstract of his report, which appears in Volume 2 of the Reports of The Immigration Commission is so satisfactory that the authors of the present book felt that nothing better could be written for their purposes, and, as a consequence, have transcribed a considerable part of this digest, some of which has been edited or set forth in a different order from that in which it originally appears.

The "Native American" and "Know-Nothing"

Movements

The second period, from 1835 to 1860, is sharply defined by the so-called "Native American" and "Know-Nothing" movements, which, as is generally known, were largely based on opposition to the immigration of Roman Catholics. This hostility early in the thirties took the form of a political movement. 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, Pennsylvania, and in Washington, D. C., Nativist societies were formed in 1837, while in Louisiana the movement was organized in 1839 and a State convention was held two years later at which the Native American party, under the name of the American Republican party, was established. The chief demands of this convention were a repeal of the naturalization laws and the appointment of only native Americans to office.

While these societies were stronger in local than in National politics, and were organized chiefly to aid in controlling local affairs, the few representatives of the order 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 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 two questions: (1) the ex

* See Chapter IV, Social Effects of Immigration,

pediency 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; and (2) 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 States were then the chief centers of the anti-foreign movement. Its majority report recommended immediate legislative action, not only by Congress, but also by many of the States, so that the 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. 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, but this latter provision was omitted from the bill when introduced.

The bill as presented upon the 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 any one 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 proposed 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.

As a consequence of the sudden and great increase of immigration from Europe between 1848 and 1850, due to the unsettled conditions of affairs on the continent, the old dread of the foreigner was revived to its former intensity, and in the early fifties the native American movement again became active. The new, like the earlier, agitation, was closely associated with the anti-Catholic propaganda. The new organization assumed the form of a secret society. Its meetings were secret, its endorsements 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 secrecy had been put aside. Its name, "Order of the Star Spangled Banner," and its meeting places, were known; and it openly endorsed candidates for office and put forward 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 "KnowNothings"; while the party had secured the choice of land commissioner of Texas, and the legislature and comptroller of Maryland. Encouraged by this success in State affairs, the party, in 1855, began to make plans for the next Presidential election. In that year

a National council was held in 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 the repeal by Congress of all acts making grants of land to unnaturalized foreigners and allowing them to vote in the Territories.

The party held a National convention at Philadelphia in the following year and 27 States were represented by 227 delegates. Almost 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 anti-slavery plank. Those remaining nominated Millard Fillmore for President. The principles of the platform adopted at this convention were that Americans should rule America, and that 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 also demanded.

The Whig party, which held a convention the following September, also nominated Millard Fillmore for the Presidency. 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, Mary

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