LAWS AND CUSTOMS OF EUROPEAN COUNTRIES.
The laws and customs of Europe with regard to the treatment of
destitute and undesirable immigration vary considerably. For the
purpose of convenience in dealing with this aspect, the European
countries may be roughly divided into three classes, (_a_) Those which
have decrees and restrictions both for prohibiting the admission of
destitute aliens, and for expelling such as have resided in their
territory, when for divers reasons they should appear to be unwelcome
or undesirable acquisitions. (_b_) Those which have laws and local
regulations for the expulsion of aliens, but none prohibiting their
admission into the country in the first instance. (_c_) Those which
take no steps in the matter at all. To the first of these three classes
belong Austria, Denmark, Belgium, the Netherlands, Bulgaria, Roumania,
Saxony, and Bavaria. To the second class, Spain, Sweden and Norway,
Greece, Germany (all States except the two previously specified),
Italy, Hungary, Servia, Montenegro, and in a lesser degree, France.
To the last belong Portugal, and until the other day, Turkey. The
remaining country is Russia; but having been unable to obtain any very
definite information concerning it, I have hesitated to classify it
with any of the above.
It will be best to take these classes and countries _seriatim_.
In Austria the regulations vary slightly with regard to particular
provinces; but, speaking generally, special instructions have been
issued to the frontier police, with the result that all vagrant aliens,
deserters, suspicious-looking foreigners who are not able to give a
proper account of themselves or as to the sufficiency of their means,
foreign pedlars, workmen and artisans who on entrance into the country
are uncertain of obtaining immediate employment, or whose papers are
unsatisfactory, or whose means for travelling are insufficient--all
these are at once to be refused admission, and to be turned back at
the frontier. The only exception to this rule is the case of foreign
day-labourers and artisans, who are entitled by reason of reciprocity
to the same treatment as Austrian subjects of the same class receive
in the States to which these belong, whose appearance gives rise to
no suspicion, and who having regular passports are obliged, in order
to return to their homes by the most direct route, to pass through
Austrian territory. By the Ordinance of 1867, foreign beggars,
mountebanks, singers, musicians, jugglers, rope-dancers, gipsies, and
other vagrant people, proprietors of wax-works, owners of menageries
and similar exhibitions, unless they have first obtained a licence
to exhibit the same in the Empire, are also refused admittance and
turned back at the frontier. As to continued residence, by the General
Communal Laws a Commune can refuse to allow foreigners to reside in
its district, if they, together with their belongings, do not lead a
blameless life, or if they become a burden upon public charity. By
the Banishment Law of 1871, the Communal Police are also empowered
to forcibly expel from the territory all idle or vagrant foreigners,
discharged convicts, and foreign prostitutes, especially if these
pursue their immoral trade without strictly observing the police
regulations, if they are suffering from venereal disease, if they
cause a public scandal by their behaviour, or if they seduce young
people. Such, in brief, are the laws which regulate and restrict alien
immigration in the Austrian Empire, as distinct from the kingdom of
Hungary.
Through the courtesy of M. de Bille, the Danish Minister at the Court
of St. James's, who kindly procured for me from Copenhagen a copy of
the Decree of 1875, and other law-records, I have been enabled to
make a detailed study of the laws of Denmark which bear upon this
question.[28] The law of 1875, containing the regulation in force in
regard to foreigners and travellers in Denmark, is a very drastic one.
Briefly summarized, it amounts to this. The _status_ and liberties
of the foreign workman or servant, employed or seeking employment in
Denmark, are defined with very great attention to detail; the most
uncompromising regulations are laid down for the prevention of the
entry of all foreigners who may be found destitute of sufficient
means for their support; and even of those who are in search of work
under any circumstances, except under strict conditions. The first
Article contains a positive prohibition against the admission into
the country of foreign gipsies, itinerant musicians, leaders and
exhibitors of animals, acrobats and jugglers, who seek to gain a
livelihood by vagrant performances. Foreigners in search of work are
not admitted, except on the condition that they are provided with a
document of identity from a public functionary. From the succeeding
Articles of the same law it appears that foreigners who are not
possessed of any claim for maintenance in Denmark, and are destitute of
the means of subsistence, are to be expelled by the police, and the
method of expulsion is very carefully detailed. Even those who find
employment are constantly under the supervision of the police, and have
pass-books, which, at every change of domicile or of employment, must
be _visé_ by the police as well as by the employers. There can be no
doubt that the severity of the law is very effectual in exterminating
the evil against which it is aimed. On the other hand, it in no way
deters considerable numbers of foreign skilled artisans from seeking
and obtaining employment in Denmark, as any one with any knowledge of
the country would speedily discover. The majority of such foreigners
appear to be Germans.
In Belgium the measures which the Government is authorized to take
with the view of protecting the country against the dangers which the
presence of destitute foreigners involve, are based upon several laws
and decrees which have been passed from time to time as need required.
They are interesting having regard to the strikes and labour-troubles
which have taken place in Belgium during recent years. By a decree of
the Provisional Government of 1830, all foreigners unprovided with a
Government authorization, are bound to show that they possess means
of livelihood; if not, they are at once to be sent back to their
own country. They are even liable to be brought before the Juge de
Paix, who may condemn them to a short imprisonment, or send them
to the agricultural colony of Hoogstraeten, where native vagabonds
are confined while at the disposal of the Government. Since 1850,
however, foreigners are not as a rule brought before the Juge de Paix,
instructions having been given to the police authorities directing
them to reconduct to the frontier at once, and of their own accord,
any foreigner arriving in Belgium and being evidently destitute, or a
vagabond. A report of the arrest and a certificate of expulsion are,
in this case, addressed to the Administrator of the Public Safety,
at the time when the foreigner is sent out of the country. This
summary procedure is followed both in the interest of the Treasury as
saving expense, and in that of the foreigners themselves, who thus
escape a prolonged detention. When at a seaport, and especially at
Antwerp, foreign sailors are without means of existence, the Maritime
Commissaries endeavour to find them an engagement on a ship about to
sail; they are only conducted to the land frontier if these efforts
fail. Formerly aliens, who were arrested for not having sufficient
means of subsistence, were allowed to choose the frontier by which
they might leave the kingdom. Of late years, however, this right of
choice has been considerably curtailed on account of the attitude
assumed by neighbouring countries. These countries have not unnaturally
showed a marked disinclination to becoming a sort of rubbish-heap for
Belgium. Even little Luxemburg revolted at this state of affairs, and
a Convention was concluded with the Grand-Duchy by which it was agreed
that only natives of the country, Italian subjects or Swiss citizens
(these being _en route_), should in future be forwarded across the
Luxemburg frontier. The German frontier is now absolutely closed to
destitute persons expelled from Belgian territory who are not of German
nationality. Holland has also followed suit, and the Dutch authorities
reconduct into Belgium by _visé_, a great number of aliens, transferred
by prison vans to Lanaken.
The law regulating the admission and expulsion of foreigners from the
Netherlands dates from 1849. Article I. of this law lays down as the
first and indispensable condition on which foreigners can be admitted
into the Netherlands, the possession by them of "sufficient means of
subsistence, or the faculty of acquiring such means by work"; and upon
the strength of this condition, and under the provisions of Article IX.
of the law, foreigners found on Netherlands territory in a destitute
condition and without any ostensible means of earning a living, may be
expelled from the country; and, in fact, numbers of persons so situated
are expelled every year. All foreigners "dangerous to the public peace"
are also subject to immediate expulsion.
The law and custom in force in the petty European States of Bulgaria
and Roumania is as follows. In Bulgaria the constantly increasing
number of vagrants in the capital of Sophia, as well as in the coast
of the Black Sea, and on the Danube, has compelled the Government
of the Prince to increase the staff of police, in order, by a more
extensive supervision, to put an end to the difficult position in
which the Bulgarian population is admittedly placed by alien vagrancy
and destitution. The police authorities are therefore bound to keep
a strict watch on the strangers arriving in the country, or residing
there without occupation, and to have recourse to the immediate
expulsion across the frontier of the Principality of all those who are
unable to afford surety of their intention to remain, or who attract
notice by their destitution, suspicious character, or culpable actions.
In Roumania, though there are no general Regulations existing on the
subject, the invariable custom is, that persons who are evidently in a
state of indigence are not admitted to the country, unless they could
prove that they possessed the means of subsistence.
In the German Kingdom of Saxony, though there are no laws on the
subject, it is competent for the authorities to prohibit the admission
or residence of destitute aliens. In Bavaria also the competent police
authorities are allowed to expel a foreigner from the kingdom if this
course should appear to be of public expediency; and besides this,
the Minister of the Interior is empowered to refuse entrance into the
kingdom to foreigners who may be liable to become either a public
nuisance or a public burden.
We now come to the second class, namely, those countries which have
laws and local regulations for the expulsion of aliens, but have
neither law nor custom for prohibiting their admission into the country
in the first instance.
Of these we will first take Germany, including all the States with
the exception of the kingdoms of Bavaria and Saxony. It is held by
international law, that each State has the power of expelling from
its territory aliens who may have rendered themselves obnoxious
or dangerous to it. Destitute persons convicted of vagabondage or
begging, or who, after becoming destitute, have been unable to procure
a subsistence for themselves within a period of time laid down by
the police, can be placed under arrest, and be handed over to the
Government police ("Landespolizei"), who in aggravated cases can
consign them to the workhouse; but destitute aliens thus handed over to
the police authorities, instead of being consigned to the workhouse,
are as a rule expelled at once from the territory of the Empire. In
the little kingdom of Würtemburg, the Royal "Oberamts" (provincial
administrative authorities) have an uncontested right to expel aliens
from the kingdom. This right is generally exercised when it is proved
or even suspected that the alien is unable to maintain himself; nor are
such aliens entitled to any relief from the communal or charitable
institutions of the country.
In Sweden, by a Circular published in 1886, addressed to the Governors
of the Provinces, foreigners found without resources in this country,
and in a state of vagrancy, are directed to be sent back by the
authorities to their own country at the expense of the Swedish
Government; in case the country to which the person belongs be so
situated that he cannot be forwarded there without having to wait on
the road within the boundaries of any other country, due notice is
given to the authorities at the place to which the person is sent.
As regards the treatment of destitute aliens in Norway, should there
be any found in that country, they are taken care of by the police,
and forwarded to their own country, the expense being charged in the
police accounts. Thus it will be seen the custom in Sweden and Norway
is perfectly identical; only there is this difference in the latter
country, there are no laws, Royal or municipal, which sanction the
practice; it rests entirely upon custom.
The law in Spain amounts to this, that if a foreigner after due inquiry
is proved to be a vagrant, he is forced to leave the country. The
definition of a vagrant, according to the law of Spain is, it should
be noted, as follows:--"A person who has no property or income, no
habitual profession or trade, nor any known or legitimate manner of
living."
In Italy no special law exists, the residence of aliens in that country
being regulated by the common law; but should such persons in the same
manner as indigent natives take to begging, or if they engage in no
fixed or useful labour, they can be arrested as idle persons, and dealt
with by the judicial authorities, who can inflict a punishment upon
them, and expel them from the King's dominions. Forcible expulsion is,
however, only recurred to as an extreme measure. Usually, aliens are
sent back to their own country with a _foglio di via_, or pass.
In Switzerland the matter is met by the local enactments of the
different Cantons. Minute rules are laid down as to the permit of
residence to foreigners. Destitute aliens, bad characters, tramps, and
suspects are liable to an imprisonment on bread and water, from four
to eight days' duration. They are then conducted to the frontier and
expelled.
The custom observed in Servia, Hungary, Greece, and Montenegro is
all much the same. Either by penal codes, or by the unwritten, but
equally stringent, law of custom, the foreigner who is found in any of
these countries without visible means of subsistence, and who has no
occupation, is requested to leave the country by the authorities, and
should he fail to comply, he is forcibly conducted to the frontier and
expelled.
The case of France, however, calls for more than passing remark in
that it differs considerably from the custom in vogue in most European
countries. There is no positive or direct legislation properly so
called for the purpose of prohibiting aliens destitute or otherwise
from entering French territory. The question of expulsion is governed
by the law of 1849, which is applicable to the whole of France. By
Article VII. of this law, "Le Ministre de l'Intérieur pourra, par
mesure de police, enjoindre à tout étranger voyageant ou résidant en
France de sortir immédiatement du territoire Français et le faire
conduire à la frontière." This law, however, it should be noted,
emanated from an idea of social and political protection; it had no
economical design, and it does not touch the question of destination.
There is a Bill at present lying before the Chamber of Deputies for
the purpose of amending the law of 1849; it has been lying there five
or six years, and has not yet been proceeded with. On immigration,
properly so called, France has only at present legislated for her
colonies on purely special points. The silence of the Statute Law
on this subject is to be accounted for on various grounds. France
recruits her population in other ways than by the normal growth of
the inhabitants within her territory. Statistics show that of late
years the number of births in France has remained stationary, but that
notwithstanding this, her population has not ceased to increase; this
fact being due to the influx of immigrant aliens, which is growing
larger from year to year. The fact that France has become a country of
immigration like America and Australia is a surprising phenomenon. "It
may not be impossible," writes M. Edouard Clouet, the advocate at the
Court of Paris, "that these new economical conditions will have some
influence on future legislation, and call for specific measures." Such
measures, however, are still in the future, and the astounding fact
remains that the immigration of aliens into France is estimated at an
average of about 100,000 souls per annum, while the native population
is stationary, if not decreasing.
The only European country which has no law or recognized custom in
dealing with destitute aliens is Portugal. Until quite recently I
should have included in this category Turkey as well; but in October
last (1891) the long-suffering Ottoman Government, in order to prevent
the danger which would result to the public health from the influx of
Jewish immigrants from Russia, resolved in future to forbid their entry
into Ottoman territory. The Porte also requested the British Ambassador
at Constantinople to cause a warning to be conveyed to British
shipowners to refuse passages to Jewish immigrants, who will not be
allowed by the maritime authorities to land. This prohibition applies
not only to immigrants from Russia, but from any quarter whatsoever,
whether in Western or Eastern Europe. Individuals will be allowed to
pass, but not families.
On the subject of alien immigration into Russia, or the continued
residence of destitute aliens therein, I have been unable to obtain any
definite information. The protective policy of Russia in purging the
Empire of all alien influences, whether good or bad, is well known, and
needs no comment here. The expulsion of resident Germans from Russian
territory unless they consent to become naturalized, and the recent
edicts promulgated against the Jews, are however illustrations of my
meaning. In this Russia differs from all other European countries. They
are all willing to admit the desirable alien, the skilled artisan,
the foreigner who is decent and law-abiding in his habits and mode of
life. It is only the destitute, the vagrant, the convict, the suspect,
the evil-liver that they object to. But Russia, it would seem, has a
dislike to all alien influence, whether for good or for evil.
To sum up, therefore, it appears that in all European nations--with
one insignificant exception--some measures, more or less drastic, are
taken either for prohibiting the admission, or for the expulsion of
destitute and undesirable aliens. This policy is the deliberate outcome
of years of thought and legislation. It is framed in the interests of
the native population in each country, and is in all cases fully in
accordance with the popular will. It is generally recognized throughout
Europe that it is the duty of every State to deal with its own paupers
and undesirable citizens, and it is recognized also that the only way
to bring about that desirable end, is by other countries politely but
firmly refusing to admit them. Thus it may be safely said that in the
continent of Europe all countries liable to suffer from undesirable
immigration have taken steps to guard themselves against it--with one
single exception.
That exception is Great Britain.