CHAPTER IX.

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.

The Alien Invasion · 第 9 / 12 章