THE COLONIAL ASPECT.
In this chapter I propose not only to deal with the general laws for
restricting destitute and undesirable immigration into some of the
principal colonies, but also the particular laws for prohibiting
the immigration of Chinese. Sir Charles Dilke, in a general summary
of colonial policy on this matter, writes:--"Colonial labour seeks
protection by legislative means, not only against the cheap labour of
the dark-skinned or of the yellow man, but also against white paupers,
and against the artificial supply of labour by State-aided white
immigration. Most of the countries of the world, indeed, have laws
against the admission of destitute aliens, and the United Kingdom is in
practice almost the only exception."[31]
The main object of all the general laws passed upon the subject appears
to be the same, namely, to prevent the colonies from becoming the
"dumping-ground" of the destitute, lunatic, vicious, and criminal
population of older countries, including in several instances the
mother country as well. With regard to Chinese immigration, two objects
are apparent: first, to protect the native population from foreign
competition in the different branches of industry, the effect of which
is materially to lower wages, and reduce the standard of comfort of
the colonial artisan or labourer; and secondly, to guard against the
political dangers which the presence of a numerous alien race occupying
an inferior position could not fail to bring about.
To take the general laws first. The principal colonies which have
passed statutes on the subject are Canada, Victoria, South Australia,
Tasmania, and New Zealand. In New South Wales, Queensland, Western
Australia, the Cape Colony, and Natal, there are no similar statutes;
but these colonies have the power, in the case of a threatened
influx of undesirable immigrants, of passing restraining Acts, which
effectually meet the purpose for which they are required. I now give a
summary of the principal general statutes actually passed, other than
those which exist for the immigration of Chinese. They are given in
more detail elsewhere.[32]
In Canada, the Immigration Act of 1886 enacts that the Governor-General
may by proclamation prohibit the landing of destitute, pauper, or
diseased immigrants; also of the criminal and vicious; and arrangements
are made for the immediate return of the vessel and the prohibited
immigrants to the port of Europe whence they came.
In Victoria, the owner of the ship is compelled to give a bond of £100
to the immigration officer for every passenger he may bring, being
"either lunatic, idiotic, deaf, dumb, blind, or infirm, or likely in
his opinion to become a charge upon the public, or upon any public or
charitable institution." Penalties are enacted for refusing to execute
the bond, which, it should be noted, is applicable to the master of
any _British_ or foreign navigable vessel; the only exemption being
in favour of crews that are shipwrecked, or her Majesty's land and sea
forces.
By the Immigration Act of South Australia, passed in 1872, paupers
are practically forbidden to land. In Tasmania, the Passengers Act,
1885, enacts in the same way as Victoria, that a bond of £100 shall be
given to the collector at the port of arrival, by the master of any
ship (except one plying from one port in the colony to any other), who
attempts to land any passenger in Tasmania, being "either lunatic,
idiotic, deaf, dumb, blind, or infirm, or from any cause unable to
support himself, or likely to become a charge upon the public." As in
Victoria, the bond is applied to the maintenance of the said passenger,
and penalties are enforced in the case of the refusal to execute it.
Provisions are also made with regard to ships undergoing quarantine.
In New Zealand, the "Imbecile Passengers Act" of 1882 is practically
identical with that of Tasmania.
Such are the principal general Colonial Acts.
We now come to the vexed question of Chinese Immigration. It would
be well to mention in passing that a particularly drastic Act was
passed in British Columbia in 1884, which spoke of the "pestilential
habits" of the Chinese, and stated that they "habitually desecrate
graveyards by the removal of bodies therefrom." These expressions were
termed "peculiarly offensive" by the Chinese Ambassador in London; but
apparently his protest was of no avail, for in 1885 another and still
more drastic Act was passed, which effectually prohibited all further
Chinese immigration to British Columbia. It is, however, with Chinese
immigration into Australasia that we are more immediately concerned.
For many years the immigration of Chinese into Australia was very
large, causing great irritation throughout the colonies, more
especially among the working-classes, who thus found the price of
their labour undersold. Many attempts, more or less successful,
were made for the purpose of restricting the undesirable influx. In
1887 Commissioners were dispatched by the Emperor of China to the
Australasian colonies, for the purpose of inquiring into the condition
of the Chinese residing therein. These Commissioners found that in
each of the colonies they visited, a poll-tax of £10 was imposed
upon Chinese subjects, from which the subjects of other powers were
exempted, and also that various laws had been enacted by some of the
Colonial Legislatures against the Chinese. Upon receiving this report,
a complaint was forthwith lodged at the Foreign Office by the Chinese
Minister accredited to the Court of St. James's, pointing out that
these restrictions and laws were at variance with treaty obligations
and international usage. Upon receipt of this protest, Lord Salisbury
communicated with Lord Knutsford, with the result that a circular
letter was dispatched from the Colonial Office to the Governors of all
the Australasian colonies, enclosing a copy of the letter from the
Chinese Minister, and requesting to be furnished with full information
on the subject.
The receipt of this circular created quite a _furore_ in Australia,
where public opinion was already greatly excited on the subject.
The replies received in answer to it were numerous and varied; but
one dominant note sounded through all of them, namely, that at all
hazards the Chinese must be restricted from emigrating to any part of
Australasia.
The Despatch prepared by the Ministers of New South Wales, and
telegraphed to the Colonial Office by Lord Carrington, who was then
Governor, is of especial interest. It deserves to be quoted _in
extenso_, since it sums up the whole case in favour of the colonies.
"Australian feeling is much exercised in reference to Chinese
immigration and the inquiry made by the Marquis of Salisbury,"--so runs
the Despatch.--"Your Excellency's advisers beg chiefly to explain that
the law of the colony for some years past has imposed the restrictions
of a poll-tax of £10 on each immigrant, and a limitation of one
immigrant to every hundred tons of the ship's burden; but owing to
recent occurrences, severer measures are now demanded throughout all
the colonies. This state of things has given rise to new reflections
in dealing with a difficulty which threatens to become a calamity. As
these colonies form an important part of the Empire, it is submitted
that our cause of contention is of sufficient national concern to
be taken up by the Empire; if we have no voice in the making of
treaties, it seems only just that our interests should be considered
and exercised by those who exercise that power. We learn by public
report that the United States Government have entered into a treaty
with the Government of China, by which Chinese immigration into
America is no longer permitted. We fail to see why Australia may not
be similarly protected. On behalf of this colony we desire, through
your Excellency, to impress upon her Majesty's Imperial advisers the
more prominent phases of the Chinese question, as it specially and
almost exclusively affects the Australian section of the British
people. Firstly, the Australian ports are within easy sail of the
ports of China; secondly, the climate, as well as certain branches
of trade and industry in Australia, such as the cultivation of the
soil for domestic purposes, and tin and gold mining, are peculiarly
attractive to the Chinese; thirdly, the working-classes of the
British people, in all the affinities of race, are directly opposed
to their Chinese competitors; fourthly, there can be no sympathy, and
in the future it is to be apprehended that there will be no peace,
between the two races; fifthly, the enormous number of the Chinese
population intensifies every consideration of this class of immigration
in comparison with the immigration of any other nation; sixthly, the
most prevailing determination in all the Australian communities is to
preserve the British type in the population; seventhly, there can be no
interchange of ideas of religion or citizenship, nor can there be any
intermarriage or social communion, between the British and the Chinese.
It is respectfully admitted that the examination of these principal
phases of the question can only lead to one conclusion, namely,
that the Chinese must be restricted from emigrating to any part of
Australasia. It will be seen that while the question scarcely touches
the people of the United Kingdom, it vitally concerns these great
colonies, whose importance in their political and commercial relations
entitles them to be protected by the diplomatic influence and the
powers of treaty which belong to the Empire. With renewed expressions
of our loyal attachment to her Majesty, we urge that immediate steps
be taken to open such negotiations with the Emperor of China as will
result in affording permanent security to the Australian colonies from
the disturbance of Chinese immigration in any form; the matter is too
grave and urgent to admit of long delay. However desirable it may be
to avoid the irritation and conflict of interests which may arise from
local legislation of a drastic character, if protection cannot be
afforded as now sought, the Australian Parliaments must act from the
force of public opinion in devising measures to defend the colonies
from consequences which they cannot relax in their efforts to avert."
This representation on the part of New South Wales was followed by
similar ones from all the Colonial Governments to whom the circular had
been addressed. From Victoria came an intimation stating the statutes
already in force, and the intention of the Victorian Government to
carry out the law to its utmost letter.
From Queensland, the Government wrote to say that they were determined
to restrict the influx of Chinese, because it had been proved by
experience that they had become formidable competitors with European
labour in almost every branch of industry; some branches, such as
cabinet-making, having been practically monopolized by them in several
of the Australian cities. And, as owing to their habits of life,
the cost of subsistence was to the Chinese very much less than to
Europeans living in accordance with European habits; and the effect
of their unrestricted competition was undoubtedly to materially lower
wages, and to reduce the standard of comfort to European artisans and
labourers. There was also the insuperable objection that the Chinese
could not be admitted to an equal share in the political and social
institutions of the colony; and under the present colonial system every
citizen is allowed to have a voice in the government of his country;
and the presence, in considerable numbers, of an alien race occupying
an inferior position could not fail before long to bring about very
serious troubles, which would probably necessitate a radical change
in political institutions, and entirely alter the future history and
development of Australia.
Despatches were also received from New Zealand, Tasmania, Western
Australia, and in fact all the Australasian colonies, stating that the
greatest excitement prevailed upon this question, and that there was a
general determination to prevent the continued immigration of Chinese.
The upshot of all this was that in June of the same year a conference
of representatives of the Australian Governments of New South Wales,
Victoria, South Australia, Queensland, Tasmania, and Western Australia,
was held at Sydney, with the result that the poll-tax which had given
so much offence to the Chinese Government was remitted, but a number
of resolutions were passed which have since been embodied in the
different Chinese Immigrant Acts and statutes, which amended all the
previous Acts which had been passed on the subject. It is unnecessary
to quote these Acts in detail, but their provisions may be briefly
summarized, as limiting the number of Chinese to be brought to the
colonies by vessel; increasing the penalties for violation of the
law; and prohibiting alien Chinese from voting at elections of the
local authority of the colony. Certain exceptions are made in the case
of Chinese immigrants who are British subjects, of certain Chinese
officials, and of the crews of vessels who do not land in the colony.
These Acts, which are now in force, have been found very effectual for
the purpose for which they were required. The action of the Colonies
in this matter did not meet with the approval of the Colonial Office;
but since it was evident that the Colonies were determined to prevent
Chinese immigration at all hazards, no further word of remonstrance was
heard from Downing Street.
There is no doubt that the point affecting labour upon which colonial
workmen felt most strongly, and upon which they are thoroughly agreed,
is the desire to discourage emigration. Colonial labour seeks
protection by legislative means, not only against Chinese, but also, as
we have seen, against the artificial supply of labour by State-aided
immigration, and other means. The colonial workmen are opposed not only
to the reception of the destitute from abroad, but even to the assisted
emigration of persons able to work. They argue that if assisted English
emigration is encouraged, inferior workmen will come out to the
colonies, and bring down wages to the European level.
The agitation against the Chinese in particular, however, is no new
thing. So far back as 1854 the second Governor of Victoria reported
to the Home Government that he thought the introduction of the
Chinese into Australia undesirable. "Australia for the Australian"
has for a long time been the prevailing cry; and to that may be
added, "Canada for the Canadian." Colonial labour, whether in Canada
or Australasia, desires to limit competition. The Chinaman is a most
dangerous competitor. He is an excellent workman, but at a very low
standard of comfort. The colonial artisan, on the other hand, has a
much higher standard of comfort than the ordinary European labourer.
His pay is high, and his hours are short. He is educated, and he is
independent. He has plenty of leisure for amusement, and he regards all
his privileges as rights, and he fully intends to keep them. We cannot
blame him either; and it cannot be said that he takes a purely selfish
view of the case, since in the Dockers' Strike the Australian workmen
sent large sums to England where no return was possible.
After all, the Chinese are only a small population in our white
colonies; but this is because of the difficulties which have been
thrown in the way of their coming in. Were it not for this, they would
be numerous indeed. The Blue-book of July 1888, as we have seen, shows
how determined the Colonies are to forbid Chinese immigration at all
hazards. Their action in this matter has been in many respects contrary
to the letter of the law; but as Sir Henry Parkes, the Premier of New
South Wales, said, when charged by the Assembly for having broken the
law, "I care nothing about your cobweb of technical law; I am obeying a
law far superior to any law which issued these permits, namely, the law
for the preservation of society in New South Wales."
The Australian Intercolonial Conference had declared the Chinese to be
"an alien race, incapable of assimilation in the body politic"; and
acting upon these conclusions, Sir Henry Parkes declared--"Neither for
her Majesty's ships of war, nor for her Majesty's representative on the
spot, nor for her Majesty's Secretary of State for the Colonies, do we
intend to turn aside from our purpose." Lord Knutsford telegraphed to
know by what law New South Wales shut out the Chinese; and the reply
which he received, in effect was, that both laws and treaties must
give way to the strength of colonial feeling. After that, the Imperial
Government did well to be silent, for to have enforced the law, or to
have enforced the treaties, would have been to have risked an open
rupture between the Colonies and the mother country. This anti-Chinese
feeling is often spoken of as another phase of protection; but it is
worthy of note that Sir Henry Parkes, whose vigorous utterances I have
quoted above, is a free-trader.
Such in brief are the principal colonial laws on this subject, both
in a general sense, and more particularly with regard to Chinese
immigration. These laws are the legislative outcome of the almost
passionate demands of the colonists. The significant fact is, that
unlike the mother country, the Colonies cannot bring forward the plea
of overpopulation, since in all of them there are vast tracts of
territory still uninhabited, and in Australia only the fringe of the
vast continent is at present populated. Yet in their own interests the
Colonies have found it necessary to pass such stringent laws as those
described. The moral is obvious. If young countries like our Colonies,
which require a large working population, find it necessary to shut out
the destitute, the unfit, and the undesirable--and are able to do so
with the greatest possible success--surely the mother country, where
there are already too many mouths to fill, may be expected to follow
their example.