Royal Commission on Alien Immigration.
ROYAL COMMISSION ON ALIEN IMMIGRATION. MINUTES OF EVIDENCE TAKEN BEFORE THE ROYAL COMMISSION ON ALIEN IMMIGRATION. VOL. II. Presented to Parliament by Command of His Majesty. LONDON: PRINTED FOR HIS MAJESTY'S STATIONERY OFFICE. BY WYMAN AND SONS, LIMITED, FETTER LANE, E.C. And to be purchased, either directly or through any Bookseller, from EYRE AND SPOTTISWOODE, EAST HARDING STREET, FLEET STREET, E.C., and 32, ABINGDON STREET, WESTMINISTER, S.W.; or OLIVER AND BOYD, EDINBURGH; or E. PONSONBY, 116, GRAFTON STREET, DUBLIN. 1903. Major W. EVANS-GORDON, M.P., recalled. 16313. (Chairman.) I think you have prepared a Paper which you desire to hand in to the Commission?- I want to hand in a document which is a memorandum connected with the whole history and present condition of affairs in America with regard to immigration. 16314. Where does it come from?- It comes from the official American document which I have from America, and which I have minuted and prepared. I think it will be of interest and value to the Commission. (The Memorandum was handed in, and is as follows):- IMMIGRATION INTO THE UNITED STATES. THE regulation of immigration by law is an old-standing practice in the United States. It had its origin in the fact that hygenic precautions were utterly neglected in the sailing vessels which carried emigrants from Europe throughout and even after the first half of the last century and that, as a consequence, disease, especially typhus- called also "gaol" and "ship" fever- was imported by the immigrants. It was no uncommon circumstance for a ship to lose from 10 to 30 per cent of her passengers by death from disease on the Passage. (Report of the United States Industrial Commission, 1901, p.450.) The first steps were taken by the New York State Legislature. It was in New York that the great majority of the steerage passengers landed. Many of them remained there and developed on shore th disease with which they had been infected on board. (Annual Report of Interments for 1847, p.104.) An Act was passed by the New York State Legislature in May, 1847, which created a "Board of Commissioners of Emigration," and provided that the master of a ship carrying immigrants to the port of New York should report to the Mayor of the City the name, birthplace, last legal residence, age, sex, and occupation of each immigrant; whether any were lunatics, deaf, dumb, blind, infirm, maimed, or above 60 years of age, or under 13 years of age." Owners or consignees of ships were required to give a bond for each passenger named in the report, conditioned to indemnify the Commissioners of Emigration and any county, city or town, in the State from any cost which the Commissioners or localities should incur for the relief or support of the person named in the bond, within five years of its date, and also to indemnify the Commissioners or refund to the Commissioners any expense incurred for the support or medical care of the persons under their charge, if received into the Marine Hospital or any other institution under their jurisdiction; such bond to be secured by at least two sureties in the sum of 300 dollars each. It was lawful for the owner or consignee of a vessel at any time within twenty-four hours after the landing of all but prohibited passengers to commute for the bonds so required by paying to the Health Commissioner of New York City, one dollar (afterwards placed at as high a figure as 2.50 dollars, and lowered or raised as circumstances demanded) for each passenger reported by him, and this was deemed a sufficient discharge from the requirement of giving bonds. Fifty cents of the amount commuted was set aside as a separate fund for the benefit of each locality in the state, except New York county; the balance to be used for general purposes by the Commissioners of Emigration. The Commissioners and their agents were authorized to board vessels for the purpose of examining into the condition of immigrants and report to the Mayor those who were liable to become a public charge (Sixteenth Report, Bureau of Immigration, pp.971, 972). The conditions of the immigration traffic at this time may be inferred from the inscription on a monument of rough granite in an old burying ground near Montreal: -"To preserve from desecration the remains of 6,000 immigrants who died of ship fever, A.D. 1847-1848." (Stafford, "Immigration as a business, "p.7.) In 1856 an immigrant landing station was opened at Castle Garden on Manhattan Island. In 1858 the Commissioners removed their offices to the same place. In 1853 Asiatic Cholera broke out in immigrant vessels, and led to demands for United States legislation to remedy such causes as could "be traced to any state of things on shipboard, such as defective ventilation, for stated supplies of food and water to passengers, for cleanliness, and for inspection at the ports to see if all conditions were complied with. (Report of Industrial Commission, 1901, p.451.) As early as 1819 an enactment had been passed, limiting the number of passengers that a ship might carry to two for every five tons of the custom-house tonnage, and requiring that certain rations of food and water should be provided; but these regulations only applied to vessels on the voyage to Europe. (Stafford, "Immigration as a business," p.7 The Act of 1855 proved effectual. By 1858 the sanitary condition of the immigrants had greatly improved, and in 1864 it could be said that the diseases engenderd, by "confined air, filthy habits, bad fare, and long voyages," which at one period filled the hospitals with the sick and dying, had been so reduced as no longer to be a source of serious apprehension." (Report of Industrial Commission, 1901, p.451.) Further Federal legislation followed. In 1875 the importation of prostitutes was forbidden. Persons infringing the law were to be deemed guilty of a felony, and might be imprisoned for not not more than five years, or sentenced to pay a fine not exceeding 5,000 dollars. By the same enactment the following classes were prohibited from entry into the United States:- "Persons undergoing a sentence for conviction in their country of felonious crimes other than political, or growing out of, or the result of, political offences, or whose sentence has been remitted on condition of their immigration," and women "imported for the purposes of prostitution.*" Power was given to the Collector of the port at which any vessel arrived to inspect it, if he had reason to believe that any such obnoxious persons were on board. When the collector demanded such inspection, no alien was allowed to leave the ship till the inspection had been made and the result certified. If an immigrant raised an objection to the inspecting officer's decision, the vessel was detained till the matter was heard and determined. "And for all the violations of this Act, the vessel, by the acts, commissions, or connivance of the owners, master, or other custodian, or the consignees of which the same are committed, shall be liable to forfeiture and may be proceeded against as in cases of frauds against the revenue laws, for which forfeiture is prescribed by existing law." (Immigration Laws and Regulations, Treasury Department, Washington, 1902, pp. 13,14.) In 1882 an important enactment was made. By the first section the "Immigrant Fund" was created. A duty of 50 cents was to be paid "for each and every passenger not a citizen of the United States who shall come by steam or sail vessel from a foreign port to any port within the United States." The money was to be paid by the master, owner, agent, or consignee of the vessel within 24 hours of its entry, and was to be applied "to defray the expense of regulating immigration under this Act, and for the care of immigrants arriving in the United States, for the relief of such as are in distress, and for the general purposes and expenses of carrying this Act into effect. The duty imposed by this section shall be a lien upon the vessels which shall bring such passengers into the United States." Section 2 assigns to the Secretary of the Treasury the duty of enforcing the Act, and the power of entering into contracts for the purposes of it. Provision is made for the boarding and inspecting of vessels, and if there be found among the passengers "any convict, lunatic, idiot, or any person unable to take care of himself or herself without becoming a public charge," the inspecting authority is to report, and such person is not to land. Section 3 empowers the Secretary of the Treasury to issue such instructions "as he shall deem best calculated to protect the United States and immigrants into the United States from fraud and loss", and to prescribe the form of all papers used under the Act. Section 4 provides for the deportation of foreign convicts "to the nations to which they belong," and throws the expense of the return on "the owners of the vessel" in which the person to be deported came to America. This legislation was followed by the Act of 1885. The first section prohibits the immigration of any alien who has entered into a contract made previous to landing in the United States to "perform labour or service of any kind" there, and makes it unlawful to assist or encourage such immigration. Section 2 renders contracts of the prohibited kind invalid. Section 3 prescribes a fine of 1,000 dollars for infraction of the law in this particular. Proceeds to be paid into the Treasury. Separate suits may be bought for each foreigner being a party to a prohibited contract. It is made the duty of the district attorney of the district concerned to prosecute at the expense of the United States. Section 4 prescribes a fine not exceeding 500 dollars, to which imprisonment for not more than six months * In explanation of the importance of this addendum, I mention the accusation made against Mendel and Dora Piernick, and reported in "The Times", of January 24th, 1903.- Mendel Piernick, 33, and Dora, 28, his wife, were charged before Mr. Kennedy, with conspiring to procure Merjem Lie Giek, a young Polish woman, for improper purposes during the past three months at a house in Fitzroy Court, Fitzroy Square. The male prisoner was further charged with living upon the earnings of the girl. Mr. G.H. Young, solicitor, prosecuted; Mr. Barrington Matthews, solicitor, appeared for the defence; and Mr. Woolf Levy interpreted in Yiddish. Mr. Young, in opening the proceedings, said that the prisoners and the girl Giek, who was 24 years of age, were Poles, and were acquainted with each other in their native country. The prisoners came to England from Lodz, Poland, and invited the girl to follow them to this country. She did so, arriving at St. Katherine's Docks on November 7th. The prisoners met her there, and when an agent of a society for the protection of Jewish women spoke to the girl the male prisoner told him she was a friend of his, and was going to stay with him and his wife. The prisoners took her to a house in Fitzroy Court. It was then suggested by the female defendant that she should lead an improper life. The girl, who could not speak English, began to cry, and declined to do as she was told. Eventually, however, the woman took her to Tottenhan Court Road, where she commenced the life, and had since continued it. The woman used to take the money she got and hand it over to Mendel. Sometimes complaint was made that the girl did not earn sufficient money. Inspector Soper, D. Division, deposed that almost daily observation showed that the male prisoner did no work, although the establishment in Fitzroy Court was obstensibly a bookmaker's. As soon as he began to occupy the place it was used for other purposes, and was "registered" as such by the police. Evidence was called bearing out Mr. Young's statement. Mr. Barrington Matthews said there was nothing in the evidence to support the second charge that was made against the male prisoner. Mr. Kennedy committed the prisoners, who reserved their defence, for trial. 576 may be added, for any master of a vessel who knowingly brings in workers who are parties to prohibited contracts. Section 5 allows foreigners to bring in private secretaries and servants, and sanctions the importation of such skilled labour as is needed "in or upon any new industry not at present established in the United States," provided this labour" cannot be otherwise obtained." Lecturers, actors, and some other persons are exempted from exclusion. An Amendatory Act was passed in 1887. This gave power to certain authorities to board and inspect vessels in search of persons infringing the contract law, to the Secretary of the Treasury to make regulations, and to provide for the deportation of excluded persons to the country whence they came at the expense of the vessel which brought them. A further amendment was enacted in 1888. This authorised the Secretary of the Treasury, "in case that he shall be satisfied that an immigrant has been allowed to land contrary to the prohibition of the Contract-labour Law, to cause such immigrant, within one year after entry, to be taken into custody and returned to the country from whence he came." Legislation of a much more stringent kind was adopted in 1891. The Act of this date added to the classes already excluded all persons suffering from a loathsome or a contagious disease, persons who have been convicted of a felony or other infamous crime or misdemeanour involving moral turpitude, polygamists, and also any person whose ticket is paid for with the money of another, or who is assisted by others to come." Political offenders are exempted. Section 2 strengthens the law of 1885, and Section 3 prohibits the encouragement of immigration by promises of employments made in advertisements published abroad, and provides that any alien coming to the United States "in consequence of such an advertisement, shall be treated as coming under a contract" of the prohibited kind. Section 4 forbids steamship and transportation companies and their agents to encourage or solicit immigration otherwise than by ordinary commercial letters, circulars, advertisements, or oral representations. Penalties as under Section 3 of the Act of 1885. Section 5 exempts certain persons (ministers of any religious denomination, professors, professional men, and a few others) from the operation of the Act of 1885, and extends its operation to certain persons previously exempted (assisted relatives and personal friends of residents in the States). Under Section 6 anyone bringing in or aiding in the importation of a prohibited alien was to be deemed guilty of a misdemeanour, and was made liable to a fine not exceeding 1,000 dollars, or to imprisonment for not more than a year, or to both fine and imprisonment. Section 7 appointed a Superintendent of Immigration, and provided for his staff. Section 8 is of so much importance in the history of the control of immigration that it is necessary to quote portions of it in extenso. It provides "that upon the arrival by water at any place within the United States of any alien immigrants, it shall be the duty of the commanding officer and the agents of the steam or sailing vessel by which they came to report the name, nationality, last residence, and destination of every such alien, before any of them are landed, to the proper inspection officers, who shall thereupon go or send competent assistants on board such vessel and there inspect all such aliens, or the inspection officers may order a temporary removal of such aliens for examination at a designated time and place, and then and there detain them until a thorough inspection is made. But such a removal shall not be considered a landing during the pendency of such examination. The medical examination shall be made by surgeons of the Marine Hospital Service. In cases where the services of a marine hospital surgeon cannot be obtained without causing unreasonable delay, the inspector may cause an alien to be examined by a civil surgeon, and the Secretary of the Treasury shall fix the compensation for such examination. The inspection officers and their assistants shall have power to administer oaths, and to take and consider testimony touching the right of such aliens to enter the United States. All decisions made by the Inspection Officers or their assistants touching the right of any alien to land, when adverse to such right, shall be final unless appeal be taken to the Superintendent of Immigration, whose action shall be subject to review by the Secretary of the Treasury. "It shall be the duty of the aforesaid officers and agents of such vessel to adopt due precautions to prevent the landing of any alien immigrant at any place or time other than that designated by the inspection officers, shall be deemed guilty of a misdemeanour and punished by a fine not exceeding 1,000 dollars, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment." Section 9 gives officers of the law access to immigrant stations. These stations are under Federal control, but for the purposes of this section Municipal and State Courts have jurisdiction over them. Section 10 provides for the immediate deportation of excluded aliens in the vessel which brought them; the cost of maintenance on land, as well as the expense of the return journey to be borne by the ship. Contumacy of master, agent, consignees, or owner is punishable by a fine of not less than 300 dollars for every effence, and constitutes a misdemeanour. No vessel to have clearance from any United States port till fines under this section are paid. Under Section 11, any alien who enters the United States unlawfully may be deported within a year at the expense of the persons who brought him; alternatively, at the expense of the United States. Any alien who becomes a public charge within a year is to be deemed to entered unlawfully. The law was again strengthened in 1893. Details were now given of the information to be required from immigrants. Section 1 provides that "in addition to conforming to all present requirements of law, upon the arrival of any alien immigrants by water at any port within the United States, it shall be the duty of the master or commanding officer of the vessel to deliver to the proper Inspector of Immigration lists or manifests made at the time and place of embarkation of such alien immigrants on board such vessel, which shall, in answer to questions at the top of such lists, state as to each immigrant the full name, age, and sex, whether married or single, the calling or occupation; whether able to read or write; the seaport for landing in the United States; whether having a through ticket; whether the immigrant has paid his own passage; whether in possession of money, and if so, whether upwards of 30 dollars; and how much, if 30 dollars, or less; whether going to join a relative, and if so, when and where; whether ever in prison or almshouse or supported by charity; whether a polygamist; whether under contract to perform labour; and what is the immigrant's condition of health mentally, physically, and whether deformed or crippled, and if so, from what cause. Section 2 provides the immigrants are to be listed in convenient groups, and that no one manifest is to contain more than 30 names. To each immigrant shall be given a ticket on which shall be written his name, a number or letter designating the list, and his number on the list, for convenience of identification on arrival. Each list or manifest shall be verified by the signature and the oath of affirmation of the master or commanding officer, or of the officer first or second below him in command, taken before the United States counsul or consular agent at the port of departure, before the sailing of the vessel, to the effect that he has made a personal examination of each and all of the passengers named therein, and that he has caused the surgeon of the vessel sailing therewith to make a physical examination of each passenger, and that from his personal inspection and the report of the surgeon he believes that he has no immigrant of a prohibited class on board, and that the information in the manifest is true. Section 3 provides that the ship's surgeon is also to sign the lists before the departure of the vessel, and is to make oath or affirmation before the counsul or counsular agent stating his qualifications and that he has made a personal examination of each passenger, and that the lists give true information to the best of his knowledge and belief. If no surgeon sails with the ship, the owners are to employ a competent surgeon for the examinations and the verifications of the manifests. Under Section 4 failure of the master to comply, in the case of any admissible alien, involves a fine of 10 dollars for each case; if this is not paid, the immigrant is excluded. Section 5 deals with special inquiries and appeals, and provides that no inspector is to pass any person who does not appear to him to be clearly and beyond doubt entitled to admission, and that "no immigrant shall be admitted on special inquiry except after a favourable decision made by at least three" of the inspectors forming the court. Section 6 gives the Secretary of the Treasury additional powers for the appointment of examining surgeons. Section 7 enacts that "no bond or guaranty, written or oral, that an alien shall not become a public charge shall be received from any person, company, corporation, charitable or benevolent society or association, unless authority to receive the same shall in each special case be given by the superintendent of immigration, with the written approval of the Secretary of the Treasury." Section 8 obliges all companies and other persons engaged in the immigrant traffic to file a certificate twice a year with the Secretary of the Treasury to the effect that "they have furnished to be kept conspicuously exposed to view in the office of each of their agents in foreign countries authorised to sell emigrant tickets, "a copy of the laws in force in the United States for the regulation of immigration, printed in large letters in the language of the country where the agent carries on his business. They are to instruct their agents to call the intention of intending immigrants to this document before selling them tickets. In the case of failure for 60 days on the part of the responsible persons to file such certificate, or if a false certificate is filed, a penalty not exceeding 500 dollars is prescibed, and the said fine shall also be a lien upon any vessel" of the defaulting persons found in the United States. In 1895 the poll tax was raised from 50 cents. to 1 dollar. In 1896 the title of Superintendent of Immigration was changed to that of Commissioner-General of Immigration, and this official was put in charge of the administration of the immigration law, under the control of the Secretary of the Treasury. It is an instructive fact that the American enactments have become more and more stringent, though danger from the importation of disease has become less and less. The more recent legislation has been based upon economic and social, not upon directly hygenic considerations. *The measure which is likely soon to become law in the United States stiffens existing legislation in the following manner:- (1) The poll-tax is raised to 3 dollars. (2) Epileptics, and persons "who have been insane within five years previous," persons who have had two or more attacks of insanity at any time previously, and anarchists, or persons who believe in, or advocate, the overthrow by force or violence, of all government, or of all forces of law, or the assassination of public officials, are added to the excluded classes. (3) A literary test is established. Persons over fifteen who cannot read are excluded, with an exception in favour of the wives, children under 18, and parents or grandparents over 50 of persons now lawfully resident, or who may hereafter become so, in the United States. Immigrants to be tested by not less than 20 nor more than 25 words of the Constitution of the United States in the language they profess themselves able to read. Persons who fail are to be deported at shipper's expense. Persons other than Canadians and Mexicans and such people as have been bona fide in residence in Canada or Mexico for a year, may only enter the United States at prescribed points on the land borders. Seamen and railway servants excepted. Persons infringing this regulation to be deported. By Section 10 it is provided that, if any company or other shipper transports a person having a loathsome or dangerous contagious disease, and this disease might have been detected by a competent medical examination at the time of embarkation, the shipper becomes liable to a fine of 100 dollars for each person so transported. Section 11 provides that if a helpless alien is accompanied by a person whose guardianship is necessary to him, the shipper shall be required to return the guardian together with the helpless alien when deported. Section 12 makes the decision of a Board of Special Inquiry, under the conditions laid down in Section 26, final with regard to an immigrant's mental or physical disability. Section 13 adds to the queries to be put to immigrants the question whether he has ever been in an institution for the care of the insane. Section 17 while providing that the temporary removal ashore of an alien for examination shall not relieve the shipper of any responsibility, allows aliens to be placed in the charge of the immigration officials where a suitable building is used for detention and examination. The shipper is then free of liability unless and until the immigrant is returned to his care. Section 19 provides that an alien illicitly landed shall be deemed to be unlawfully in the United States, and shall be deported. Section 20 gives power for the suspension of the deportation of aliens whose evidence, in the opinion of the Secretary of the Treasury, may be necessary in a prosecution with regard to pre-contracted labour. Sections 21 strengthens the law as to deportation; throws one-half of the cost of the inland transportation of any expelled immigrant on the company which brought him, or, if this cannot be done, on the immigrant fund; extends to three years the time during which an alien may be deported, and provides that the expense, during the two latter years shall be shared between the immigrant fund and "the corporation, municipality, or institution seeking relief from the burden of such alien," the former paying ocean transport, the latter meeting the cost of delivering the alien at the port of departure. Section 22 extends to three years the time during which an alien who has landed unlawfully may be arrested for the purpose of deportation. Section 26 provides for the prompt constitution of Special Boards of Inquiry to hear and determine the cases raised by detained immigrants. The Boards are normally to consist of the three Inspectors of Immigration; failing them, other United States officials are to be nominated by the Secretary of the Treasury. Complete Records of the proceedings to be kept, but the hearings not to be public. An appeal lies to the Secretary of the Treasury. Section 31 provides that no intoxicating liquor may be sold at any United States immigrant station. Section 36 introduces a new and drastic regulation. It is thus worded:- "That the deportation of aliens, provided for in this Act, shall be to the trans-Atlantic or trans-Pacific ports from which said aliens embarked for the United States, or, if such embarkation was for foreign contiguous territory, to the foreign port at which said aliens embarked for such territory." The latter part of this section is intended to stop the extensive immigrant- running businesses across the Canadian border. Strong complaint is made about this in America. The traffic has an odd similarity to that which proceeds along the Russian frontier. As much as 80 dollars is paid to those who smuggle undesirable aliens into the States. Mr Watchorn, the United States Special Immigrant Inspector stationed at Montreal, said in his evidence before the Senate Committee which has lately inquired into the immigration question that such persons get through "in wagons, buggies, rowboats and every other conceivable form of transportation." There are experts whose business is this class of smuggling, and Mr. Watchorn stated that five of the most skilful of them were in United States gaols at the time when he gave his evidence. Under earlier legislation it was only possible to deport the undesirables, when captured, across the border; they then remained close at hand awaiting their next opportunity, or, in some instances, made their way to a Canadian port and reached the States by water in small coasting vessels, from which they could be put ashore with little risk. * This measure has now become law.Close