THE REMEDIES.
In this chapter let us very briefly consider the best way in which
this wrong may be set right. Several suggestions have been made for
dealing with this question apart from legislation; some of them have
been acted upon, but none seem to go to the root of the evil. Among
these well-meaning but unsuccessful efforts, may be classed the recent
action of the Government in causing notices to be posted up at some of
the principal European ports, warning intended immigrants of the state
of the labour market here, and of the hardships that await them. This
sounds very well in theory, but in practice it may be doubted if it
has had the effect of stopping one single immigrant from proceeding
on his journey. For in nine cases out of ten, that journey is already
nearly accomplished before the notice catches his eye. A Russian Jew,
for instance, who had travelled all the way from the heart of Russia
to Hamburg, would hardly be likely to turn back at the eleventh hour.
What is there for him to do but to go forward all the same? He has made
all his preparations, broken up his home, sold his little stock, and
perhaps expended a life's savings in the purchase of a through ticket
to that new land where he has been told all good things are; and by
the time he reaches the port it is too late for him to turn back even
if he could. But would he if he could? I very much doubt it. "Whatever
happens," he may argue, "things cannot be much worse with me than they
have been." Besides, he may have the direct, or indirect, promise of
employment through some sweater's agent, or he may have heard--such
news travels fast--of the "shelters," of the relief-funds, of the
soup-kitchens, of the loan and industrial departments of the Jewish
Board of Guardians, and of the numerous foreign "Benevolent Societies,"
or of other similar charitable organizations for foreigners in
distress, which abound in London. The Chief Commissioner of the Police
writes in his Report[33]:--"It cannot be ascertained that any societies
are in existence in London to offer direct inducements to immigrants;
_but, undoubtedly the prospect of shelter and assistance till work
is obtained, which some hold out, acts as an indirect inducement to
many_."[34] "Whatever happens," the immigrant argues to himself, "I
shall not actually starve." He proceeds on his journey, notices and
warnings notwithstanding, and in due time arrives here, one more unit
to intensify the awful struggle for existence which is daily and hourly
going on among thousands in London and our large provincial cities.
What, then, is the remedy?
The answer is simple. In the words of the Select Committee upon
Immigration--"It is clear that the only way effectually to check the
immigration of foreign paupers is to stop them at the port of arrival."
This is the course adopted in the United States and in Germany. The
police regulations at Hamburg are to the effect that no person without
means is allowed to land at that port; and if found to have been taken
there and landed, the captain of the vessel in which the person sailed,
is liable to a penalty of 300 marks, and moreover is compelled at his
own expense to take the destitute person away from Hamburg. As we
have already seen, in the United States and our principal colonies,
similar laws exist to forbid the landing of destitute and undesirable
aliens, while other European countries have also taken steps to guard
themselves against them. Though the details may vary in particular
instances, the principle in all cases remains the same. England could
not do better than adopt some similar plan, and compel the steamship
companies to take back to the place where they first took them on
board, all persons whom they attempted to land at our ports, who were
unprovided with the means of subsistence, mentally or bodily afflicted,
or likely in any way to become a public nuisance or a public burden.
But it will require a special Act of Parliament to compel the steamship
companies to do this, and every effort should be made to get such an
Act placed upon the statute-book. The mere knowledge that such a law
existed would exercise an excellent deterrent effect, and serve to
keep away thousands and thousands from our shores; for directly the
steamship companies knew that they brought such passengers at their
own risk, they would speedily cease bringing them at all, and would
exercise that same circumspection in bringing people here, which they
now have to exercise in the case of other countries.
Such, I submit, would be an effectual remedy. It has much to recommend
it from a practical point of view. It is no visionary scheme; it has
been tested by experience in other countries, and has been found to
work admirably. Why should it not work equally well here? But at
the same time it is idle to deny, having regard to the present state
of public business, and to the fact that the life of the present
Parliament is ebbing fast, that any legislation on this subject must
of necessity be tardy. In the meantime there is much to be done. That
the working-classes of this country are already alive to the danger may
be seen in a moment by glancing at the long list of Trades Unions and
labour organizations which have already condemned it.[35] But that the
other classes which make up the electorate are equally convinced of its
urgency may be doubted, and the reason is obvious--it does not touch
them so nearly. Therefore, no opportunity should be lost of bringing
the real facts of the case before the public. With this object the
present little book has been written, and if it should have the effect
of causing any to pause and consider the importance of this question,
the reason for its existence will have been more than justified.
"There is a general agreement that pauper immigration is an evil, and
should be checked." This much was admitted by the House of Commons'
Committee in their Report, and they went on to say that "the objections
to such a proposal are not based on grounds of policy in any instance,
but upon the difficulty of carrying such a measure into effect."
Furthermore, they admitted that though they were not prepared to
recommend legislative interference just at present, because of the
"great difficulties" in the way, yet "they contemplated the possibility
of such legislation becoming necessary in the future, in view of
the crowded condition of our great towns, the extreme pressure for
existence among the poorer part of the population, and the tendency
of destitute foreigners to reduce still lower the social and material
condition of our own poor."
This Report was issued in 1889. Little more than two years have elapsed
since its publication, and already it must be admitted the danger has
greatly increased. It may be asked--Are the difficulties which surround
this question likely to become less by waiting for the future? Are they
not rather liable to become greater as time goes on, and the evils
lamented by the Committee assume more formidable aspects? To admit the
existence of an evil, to deplore its effects, and yet to shrink from
proposing any remedy because there are difficulties in the way, is a
very lame and impotent conclusion. Such a proceeding may or may not
agree with the political exigencies of the moment, may or may not be
desirable from a party point of view; but it shows a deplorable lack of
the courage of conviction, and of the higher order of statesmanship.
A problem which other nations under similar circumstances have
successfully solved, is surely not one from which English statesmen
should shrink, because of the difficulties besetting its solution.
Let us analyse these difficulties. One, we are frequently told, is
the short sea passage between the Continent and England, which would
render it practically impossible for us to adopt a similar plan to
that already existing in other countries. But if at Hamburg they can
effectually prevent the landing of destitute persons from England,
surely in England we can prevent the landing of destitute persons from
Hamburg--the port from which the great bulk of these objectionable
aliens generally come? The difficulty in the one case is no greater
than the difficulty in the other. That objection is easily disposed
of. But the other impediment--the lack of trustworthy statistics--is
more serious, since without statistics there can be no legislation.
I have already alluded to the Board of Trade Returns, and have
endeavoured to show how utterly worthless they are for all practical
purposes. The same dearth of information was the great stumbling-block
in the way of the House of Commons' Committee. To that, its chairman,
Sir William Marriot, has testified.[36] "The difficulty was," he said,
"that there was no means of getting correct information; and it was a
most extraordinary thing, that, though we had some witnesses from the
Board of Trade, they were utterly unaware of certain Acts of Parliament
which ought to be carried out by them, namely, the Act of William IV.;
and we discovered that, although the people were calling for fresh
legislation, there was a law existing by which we could get information
at every port in England." Such was the state of affairs then. It is
not much better now. Returns are not taken from every port in England;
important ones--Southampton for instance--being still omitted; those
from three of the most important ports are only partial; and from
all they are loosely prepared, only checked "now and then," and the
penalties for violation of the Act are never enforced. How can such
returns be considered satisfactory? If they really want us to know the
exact dimensions of the extent of alien immigration, there can be no
difficulty in the way. The Act exists; it is only for the Government to
put it into force; it is only a question of method, of means, and of
men. But if they do not want us to know, that is another matter, and
pressure should be brought to bear until the required information is
forthcoming.
Such then is the remedy, such are the difficulties in the way of its
being applied. They are easily surmounted. The real _crux_ of the
question is this. Is such a remedy justified by the circumstances of
the disease? I submit, for reasons already given, that it is. State
intervention is an extreme measure; as a rule it is better to let
natural laws take their course, to see what can be done by individual
effort, mutual help, organization, and combination. Men of the school
of thought of Mr. Herbert Spencer and Mr. Auberon Herbert would
probably denounce such a measure as "socialistic," in that it would
limit the freedom of the individual, and limit the utility of his
individual capital by forbidding him to employ it in certain ways.
I admit the plausibility of their strictures in many instances, but
not in this one. The key-note of such a measure as that which I have
indicated, would be to help the weak, and to protect those who are not
able to help themselves. Speaking generally, I am not a believer in
what is termed "grandmotherly legislation." You cannot make men sober,
religious, industrious, or moral by Acts of Parliament. The experiment
has been tried, and failed. But you can at least remove all the
stumbling-blocks in the way of their becoming so. In this particular
instance, individual effort has been tried and failed. It has been
found to be useless in stemming the tide of pauperism and degradation
which pours in upon us from abroad. Therefore, in the last extremity,
we resort to the State as the natural protector of our people.
It has been urged as an objection to such a measure that it would
violate the principles of Free Trade. The fact that this movement is
supported by many whose fidelity to Free Trade principles is above
suspicion, is a sufficient answer to that objection.[37] But even were
it otherwise--what then? Free Trade is not a fetish. It was made for
man, and not man for it. There is no such thing as Free Trade in human
bodies. You cannot argue that the economic laws which are applicable to
goods should govern man. You cannot confuse humanity with commodities.
You may exclude commodities by a tariff if you please--that is not an
immoral principle. You may let in commodities freely if you choose; but
to let in human bodies to compete with those who are natives of the
soil, who are your flesh and blood, and who already have the greatest
difficulty in supporting life--to allow this, because to shut them
out would be violating the principle of Free Trade, is to sacrifice a
principle to a name.
Lastly, it has been said that to prohibit the destitute and unfit of
other countries would be a dangerous and a mischievous innovation.
Prohibition in itself is no innovation. We already prohibit many things
which tend to our national hurt--false coins, disease in animals, in
special shapes in human beings, products dangerous to life and limb,
besides various things touching our revenue. Prohibition, therefore,
in this instance, would only be extended in a fresh direction. Nor
can it be declared contrary to the laws of the land or the principles
of the Constitution. Such an objection is founded upon ignorance, and
not on fact. The Alien Acts of the Plantagenets and early Tudors; the
Proclamation of Mary against the French, of Elizabeth against the
Scots; the Peace Alien Acts, and the War Alien Acts of the Georgian
era; and, in a lesser degree, the Chartist Act of the present reign--a
perusal of these will tend to convince any dispassionate student
of our history, that while this country has always been desirous
of welcoming the persecuted and oppressed of other lands, national
interests have ever been deemed to have the prior claim. I do not
wish to go over again the arguments already adduced in favour of some
judicious restrictive measure. To do so would be to weary and not to
edify. It will suffice, in conclusion, to say that they may all be
summed up in the memorable words of Sir George Grey, when introducing
the Chartist Act of 1848:--
"The grounds on which it is proposed, are simply those which this
country has always maintained, and has every right to maintain, namely,
that of self-protection."
APPENDIX A.
SOME OBSOLETE ALIEN ACTS.[38]
STATUTES OF RICHARD II.
In 1390, by a statute of Richard II., it was declared "That no alien
person should trade without proof given that he would expend half the
value of his merchandise in other merchandise here."
In 1392, after stating that the Free Trade Acts of Edward III. were a
great hindrance and damage to cities of the realm, it was declared that
"no foreign merchant shall sell or buy within the realm to any other
foreign merchant to sell again. That no foreign merchant should sell at
retail within the realm, except provisions, and as to some provisions
only in large quantities."
ACT OF HENRY IV.
This Act was followed in 1402 (Henry IV.), by provisions forbidding any
carrying of the proceeds of such trade out of the country, except in
the shape of other merchandise bought in exchange.
ACT OF HENRY VI. _re_ "HOSTS."
By an Act of 1439 (Henry VI., not repealed until this century), it was
enacted, "That all alien merchants shall be under the survey of certain
persons, to be called Hosts or surveyors, to be appointed by the mayors
of the several cities, and to be good and creditable natives expert
in merchandise; such Hosts to be privy to all sales and contracts of
the aliens. Aliens to sell all their merchandise within six months
on paying a forfeiture. The Hosts to keep books only to register all
contracts, etc., of aliens, and deliver a transcript thereto to the
Exchequer. The Hosts to have two shillings in the pound on all such
contracts, and to be sworn to be faithful, and any alien refusing to
submit to these regulations, to be imprisoned until security be given
to comply with them."
ACT OF RICHARD III.
In 1543, in the reign of Richard III., it was enacted--"That no person
not born under the King's obeysance shall exercise or occupy any
handicraft, or the occupation of any handicraftsman, in this realm
of England; and shall (after date then fixed) depart into their own
country again; or else be servants of such of the King's subjects only
as be expert and cunning in such feats, wits, and crafts, which the
said stranger can occupy."
PROCLAMATION HENRY VII. EXPULSION OF SCOTS.
In the reign of Henry VII. 1491, when the death of James III. of
Scotland had strained the relations between the two kingdoms, an Act
was passed simply in these words--"All Scots, not made denizens, shall
depart this realm within forty days after proclamation, upon paying a
forfeiture of all their goods."
MARY I. EXPULSION OF THE FRENCH.
In the reign of Queen Mary there is a Statute against the French, which
also directed their departure from the realm, and based it by the
preamble not only on political grounds, but because the influx of such
strangers tended to the diminishing of subjects of the realm, and the
treasury of the sovereign.
ELIZABETH.
By simple proclamation Elizabeth expelled the Scots.
ALIEN ACTS OF THE GEORGIAN ERA.
Provisions as to aliens in the Georgian and Victorian eras are of three
kinds--(_a_) War Alien Acts; (_b_) Peace Alien Acts; (_c_) Registration
Acts. The Alien Acts contain regulations for expulsion of aliens, if
the State requires it. In war time it is more stringent. All these
Acts contain provisions as to registration. The history of these Acts
briefly is as follows:--In 1793 (the French Revolution) first Alien
Act, which being of a stringent character became the model. War Alien
Act; this continued with amendments until the Peace of Amiens, 1802.
Then for a year there was a Peace Alien Act, followed in the following
year by a War Alien Act, when the Peninsular War began. With the French
Restoration there was in 1814 a Peace Alien Act, followed again in the
year ensuing by a War Alien Act, with the temporary restoration of
the French Empire, and again by a Peace Alien Act, when the power of
Napoleon was finally crushed. This last Statute was renewed by biennial
Continuance Acts, until in 1826 expulsion clauses were entirely
removed, and registration only remained.
CHARTIST ACT, 1848.
The registration was modified by the Alien Act of William IV. in 1836,
and the only interruption to its course has been the Chartist Act of
1848, which was an Expulsion Act, passed for one year.
APPENDIX B.
THE ALIEN ACT OF WILLIAM IV.
ANNO SEXTO GULIELMI IV. REGIS.
CAP. XI.
An Act for the Registration of Aliens, and to repeal an Act passed in
the Seventh Year of the Reign of His late Majesty for that Purpose.
[_19th May, 1836._]
[Sidenote: 7 G. 4. c. 54.
repealed.]
Whereas in the Seventh Year of the Reign of His late Majesty an Act
was passed, intituled _An Act for the Restoration of Aliens_: And
whereas it is expedient that the said Act should be repealed, and
that Provisions in respect of Aliens should be made in lieu of the
Regulations therein contained: Be it therefore enacted by the King's
most Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, That the said Act shall be
and is hereby repealed.
[Sidenote: Masters of Vessels
arriving from Foreign
Parts to declare
what Aliens are on
board or have landed
from their Vessels.
Penalty for Omission
of Declaration.
Not to extend to
Foreign Mariners
navigating the
Vessel.]
II. And be it further enacted, That the Master of every Vessel which
after the Commencement of this Act shall arrive in this Realm from
Foreign Parts shall immediately on his Arrival declare in Writing to
the Chief Officer of the Customs at the Port of Arrival whether there
is, to the best of his Knowledge, any Alien on board his Vessel, and
whether any Alien hath, to his Knowledge, landed therefrom at any
Place within this Realm, and shall in his said Declaration specify
the Number of Aliens (if any) on board his Vessel, or who have, to his
Knowledge, landed therefrom, and their Names, Rank, Occupation, and
Description, as far as he shall be informed thereof; and if the Master
of any such Vessel shall refuse or neglect to make such Declaration,
or shall wilfully make a false Declaration, he shall for every such
Offence forfeit the Sum of Twenty Pounds, and the further Sum of Ten
Pounds for each Alien who shall have been on board at the Time of the
Arrival of such Vessel, or who shall have, to his Knowledge, landed
therefrom within this Realm, whom such Master shall wilfully have
refused or neglected to declare; and in case such Master shall neglect
or refuse forthwith to pay such Penalty, it shall be lawful for any
Officer of the Customs, and he is hereby required, to detain such
Vessel until the same shall be paid: Provided always, that nothing
herein-before contained shall extend to any Mariner actually employed
in the Navigation of such Vessel during the Time that such Mariner
shall remain so actually employed.
[Sidenote: Alien on Arrival from
Abroad to declare his
Name, Description,
etc., and produce his
Passport.]
III. And be it further enacted, That every Alien who shall after the
Commencement of this Act arrive in any Part of the United Kingdom from
Foreign Parts shall immediately after such Arrival present and show to
the Chief Officer of the Customs at the Port of Debarkation, for his
Inspection, any Passport which may be in his or her Possession, and
declare in Writing to such Chief Officer, or verbally make to him a
Declaration, to be by him reduced into Writing, of the Day and Place
of his or her landing, and of his or her Name, and shall also declare
to what Country he or she belongs and is subject, and the Country and
Place from whence he or she shall then have come; which Declaration
shall be made in or reduced into such Form as shall be approved by One
of His Majesty's Principal Secretaries of State; and if any such Alien
coming into this Realm shall neglect or refuse to present and show any
Passport which may be in his or her Possession, or if he or she shall
neglect or refuse to make such Declaration, he or she shall forfeit the
Sum of Two Pounds.
[Sidenote: Office of Customs to
register the
Declaration, and
deliver a Certificate
to the Alien.]
IV. And be it further enacted, That the Officer of the Customs to whom
such Passport shall be shown and Declaration made shall immediately
register such Declaration in a Book to be kept by him for that Purpose
(in which Book Certificates shall be printed in Blank, and Counterparts
thereof, in such Form as shall be approved by One of His Majesty's
Principal Secretaries of State), and shall insert therein the several
Particulars by this Act required in proper Columns, in both Parts
thereof, and shall deliver one Part thereof to the Alien who shall have
made such Declaration.
[Sidenote: Officer of Customs to
transmit Declaration,
etc. to Secretary of
State.]
V. And be it further enacted, That the Chief Officer of the Customs
in every Port shall within Two Days transmit a true Copy of the
Declaration of every Master of a Vessel, and a true Copy of every
such Certificate, if in _Great Britain_, to One of His Majesty's
Principal Secretaries of State, and if such Alien shall have arrived
from any Foreign Country in _Ireland_ he shall transmit a true Copy of
such Declaration and of such Certificate to the Chief Secretary for
_Ireland_.
[Sidenote: Certificate of Alien
departing the Realm
to be transmitted
to Secretary of
State.]
VI. And be it further enacted, That any Alien about to depart from this
Realm shall before his or her Embarkation deliver any Certificate which
he or she shall have received under the Provisions of this Act to the
Chief Officer of the Customs at the Port of Departure, who shall insert
therein that such Alien hath departed this Realm, and shall forthwith
transmit the same to One of His Majesty's Principal Secretaries of
State, or to the Chief Secretary for _Ireland_, as the Case may be, in
like Manner as herein-before is directed in respect to the Certificate
given to an Alien on his or her Arrival in this Realm.
[Sidenote: New Certificates to
be issued in lieu of
such as are lost.]
VII. And be it further enacted, That if any Certificate issued to any
Alien by virtue of this Act shall be lost, mislaid, or destroyed, and
such Alien shall produce to One of His Majesty's Justices of the Peace
Proof thereof, and shall make it appear to the Satisfaction of such
Justice that he or she hath duly conformed with this Act, it shall be
lawful for such Justice and he is hereby required to testify the same
under his Hand, and such Alien shall thereupon be entitled to receive
from One of His Majesty's Principal Secretaries of State, or from the
Chief Secretary for _Ireland_, as the Case may be, a fresh Certificate,
which shall be of the like Force and Effect as the Certificate so lost,
mislaid, or destroyed.
[Sidenote: Certificate to be
granted without Fee.
Penalty.]
VIII. And be it further enacted, That all Certificates herein-before
required to be given shall be given without Fee or Reward whatsoever;
and every Person who shall take any Fee or Reward of any Alien or
other Person, for any Certificate, or any other Matter or Thing done
under this Act, shall forfeit for every such Offence the Sum of Twenty
Pounds; and every Officer of the Customs who shall refuse or neglect
to make such Entry as aforesaid, or grant any Certificate thereon, in
pursuance of the Provisions of this Act, or shall knowingly make any
false Entry, or neglect to transmit the Copy thereof, or to transmit
any Declaration of the Master of a Vessel, or any Declaration of
Departure, in manner directed by this Act, shall forfeit for every such
Offence the Sum of Twenty Pounds.
[Sidenote: Penalty for forging
Certificates, etc.]
IX. And be it further enacted, That if any Person shall wilfully
make or transmit any false Declaration, or shall wilfully forge,
counterfeit, or alter, or cause to be forged, counterfeited, or
altered, or shall utter, knowing the same to be forged, counterfeited,
or altered, any Declaration or Certificate hereby directed, or shall
obtain any such Certificate under any other Name or Description than
the true Name and Description of the Alien intended to be named and
described, without disclosing to the Person granting such Certificate
the true Name and Description of such Alien, or shall falsely pretend
to be the Person intended to be named and described in any such
Certificate, every Person so offending shall, upon Conviction thereof
before Two Justices, either forfeit any Sum not exceeding One hundred
Pounds, or be imprisoned for any Time not exceeding Three Calendar
Months, at the Discretion of such Justices.
[Sidenote: Prosecution of
Offences.]
X. And be it further enacted, That all Offences against this Act shall
be prosecuted within Six Calendar Months after the Offence committed;
and all such Offences shall be prosecuted before Two or more Justices
of the Peace of the Place where the Offence shall be committed, who
are required, in default of Payment of any pecuniary Penalty, to
commit the Offender to the Common Gaol for any Time not exceeding One
Calendar Month, unless the Penalty shall be sooner paid, where such
Penalty shall not exceed the Sum of Twenty Pounds, and forthwith to
report to One of His Majesty's Principal Secretaries of State, or to
Chief Secretary for _Ireland_, as the Case may require, the Conviction
of every Offender under this Act, and the Punishment to which he is
adjudged; and no Writ of Certiorari or of Advocation or Suspension
shall be allowed to remove the Proceedings of any Justices touching
the Cases aforesaid, or to supersede or suspend Execution or other
Proceeding thereupon.
[Sidenote: Not to affect Foreign
Ministers or their
Servants;
nor Aliens who have
been resident Three
Years, and obtained
Certificate thereof;
no Aliens under
Fourteen Years of
Age.]
XI. Provided always, and be it further enacted, That nothing in this
Act contained shall affect any Foreign Ambassador or other Public
Minister duly authorized, nor any Domestic Servant of any such Foreign
Ambassador or Public Minister, registered as such according to Law,
or being actually attendant upon such Ambassador or Minister; nor any
Alien who shall have been continually residing within this Realm for
Three Years next before the passing of this Act, or who shall hereafter
at any Time complete such Residence of Three Years, and who shall have
obtained from One of His Majesty's Principal Secretaries of State, or
from the Chief Secretary for _Ireland_, a Certificate thereof; nor any
Alien, in respect of any Act done or omitted to be done, who shall be
under the Age of Fourteen Years at the Time when such Act was so done
or omitted to be done: Provided always, that if any Question shall
arise whether any Person alleged to be an Alien, and to be subject to
the Provisions of this Act, is an Alien or not, or is or is not subject
to the said Provisions or any of them, the Proof that such Person
is, or by Law is to be deemed to be, a natural-born Subject of His
Majesty, or a Denizen of this Kingdom, or a naturalized Subject, or
that such Person, if an Alien, is not subject to the Provisions of this
Act or any of them, by reason of any Exception contained in this Act or
otherwise, shall lie on the person so alleged to be an Alien and to be
subject to the Provisions of this Act.
[Sidenote: Commencement of Act.]
XII. And be it further enacted, That this Act shall commence and take
effect from and after the First Day of _July_ in the present Year.
[Sidenote: Act may be altered
this Session.]
XIII. And be it further enacted, That this Act may be amended, altered,
or repealed by any Act to be passed in this present Session of
Parliament.
APPENDIX C.
ITALY.
(Translation.)
LAW FORBIDDING THE EMPLOYMENT OF CHILDREN IN VAGRANT PROFESSIONS, DEC.
21, 1873.
Article 1.--Whoever should entrust, or under any plea should deliver,
to Italian subjects or to aliens, persons of either sex under the age
of 18, although children or under the guardianship of the persons
entrusting them, and whoever, whether Italian subjects or aliens,
should receive them for the purpose of employing them within the
kingdom in any way and under any name in the exercise of vagrant
professions such as jugglers, conjurers, clowns, itinerant players or
singers, tight-rope dancers, diviners of dreams, exhibitors of animals,
mendicants, and such like, shall be punished with imprisonment from one
to three months, and with a fine from 51 to 250 lire.
Article 2.--Whoever within the kingdom should keep with him in the
exercise of the said vagrant professions persons under the age of 18,
not being his children, shall be punished with imprisonment from three
to six months, and a fine from 100 to 500 lire.
Article 3.--Whoever should entrust, or deliver, within the State, or
should take abroad for the purpose of entrusting or delivering to
Italian subjects or aliens, persons under the age of 18, although
children or under the guardianship of the persons entrusting them;
and whoever, whether an Italian subject or alien, should receive such
minors in order to take them, entrust, or deliver them abroad for
the purpose of employing them in any way and under any name in the
exercise of the before-said vagrant professions, shall be punished with
imprisonment from six months to a year, and with a fine from 100 to 500
lire.
Article 4.--Italian subjects who should keep with them in a foreign
State, in the exercise of the before-said vagrant professions, persons
of Italian nationality, under the age of 18, shall be punished with
imprisonment from one to two years, and a fine from 500 to 1000 lire.
If it should appear from the proceedings that the minor had been
abandoned, or that he had seriously suffered in health through want of
food, bad treatment, or ill-usage, or had on that account to turn away
or abscond from the person in whose charge he was, the imprisonment may
be extended to three years.
Article 5.--This article treats of persons who should take these minors
by violence or fraud for the purpose of employing them as above, in
which case the punishment may be as much as seven years' imprisonment.
Article 9.--This article makes it compulsory, under penalty of fine,
for parents or guardians who have entrusted minors for the above
purpose, to declare them to the Mayor of the town in which they reside
in Italy, or to the Diplomatic or Consular Authorities, if abroad,
within three months from the date of the law.
Article 10.--This article makes it compulsory for persons, whether
in Italy or abroad, who keep minors with them, to declare them under
penalty of fine, and within four months from the date of the law, to
the Mayors in Italy, and to the Ministers and Consuls abroad.
The minors must at the same time be returned to their families both in
Italy or from abroad at the expense of the persons who have them in
charge, or through the Diplomatic or Consular Authorities.
Articles 11 and 12.--The said Diplomatic or Consular Authorities
must keep a register of such minors with all particulars, and give
information to the Minister of the Interior.
Article 13.--When there are no parents, or guardians, or other persons
who can take care of such minors, they shall be placed in a public
educational or industrial establishment until they are of full age, or
when they have learnt a trade or business.
APPENDIX D.
DENMARK.
(This Act may be taken as a specimen of Alien Laws in European
countries.)
(Translation.)
LAW ON FOREIGNERS AND TRAVELLERS.
We, Christian IX., &c., make known the Rigsdag has passed, and we with
our approval confirm, the following Law:--
1. Passports abolished, but may be required of inhabitants of countries
in which Danish travellers are obliged to be furnished with them.
Residence in the country forbidden to foreign gipsies, musicians,
exhibitors of animals, &c., acrobats and conjurers, and such like
persons, gaining their livelihood by wandering about. Entry into the
country forbidden also to all foreigners in search of work, unless they
are provided with a document of identity from a public functionary.
2. Foreigners who are not possessed of any claim for maintenance in
this country, and are destitute of the necessary means of subsistence,
as well as those who, under the provisions of Article 1, are not
allowed to settle in the country, shall be as soon as possible sent out
of it, or turned out of it by the police. In connection herewith an
injunction can be given by police certificate to the party concerned
not to allow himself to be found again in the country, with a
notification of his liability under Article 22 if he violates the order.
3. Foreigners not in possession of right of maintenance in the country,
who seek to support themselves by manual or other bodily labour,
either as servants or, without legalizing themselves as travelling
artisans, by any species of work necessitating journies from place to
place, have to announce themselves to the Chief of the Police in whose
jurisdiction they arrive, or as soon afterwards as they set about
seeking such means of existence, to the Chief of the Police in whose
jurisdiction they are resident at the time.
4. The Chief of the Police to whom application is made under the
preceding Article, shall investigate whether the party is in a
condition in which it can be reasonably expected that he can and
will support himself in this country by lawful labour; he must in
this connection look carefully into the accuracy of the documents of
identity which the applicant exhibits; and also exact assurance that
the applicant is either guaranteed work or service, or is in possession
of sufficient means to provide himself with subsistence on a modest
scale for eight days, and afterwards to leave the country.
Should the Chief of Police, after this examination, find that extended
residence can be conceded to the applicant, he shall provide him with
a residence-book, prescribed by the instructions of, and at the price
fixed by, the Ministry of Justice, in the drawing up of which book
provision is made for the certifying of the documents of identity; in
the contrary event care must be taken to send or remove the applicant
out of the country.
The foregoing provisions are also to be applied to all foreigners
mentioned in Article 3, who, at the period when the present Law comes
into operation, are found resident in the country without having
procured means of subsistence, an allowance of one month being made
to them in which to notify themselves to the Chief of Police in the
place of their residence. Should they be provided with a journey-book,
mark shooting-book, or other document of identity, they receive a
residence-book, delivered at the cost of the police fund, in which
the certificate of their documents of identity are set forth. In the
residence-book it is notified that it is given in place of the former
document of identity, which the applicant must nevertheless preserve,
and produce when required to do so.
5. Any one in possession of a residence-book who shall wish to leave
the police jurisdiction in which he resides, shall notify his intention
to the police of the place, with a statement of the extent of his
journey. The police shall make inquiry how far the applicant is in
possession of the necessary means to arrive at the place indicated,
and how far he is assured either of work or of subsistence, or, in
the contrary case, whether he is provided with the means of modest
subsistence for eight days after his arrival. If the applicant
cannot guarantee the aforesaid, he can be sent or removed out of the
country. Should no ground be found for his removal, notification of
his announcement shall be certified in his book, and also leave for
his journey, granted by the Chief of Police in accordance with the
indicated wishes of the applicant; and further, a general sketch of the
route by which the journey shall be made, and of the time in which it
is to be accomplished, which arrangements must not be altered without
sufficient ground, except by leave of the police.
6. On arrival at destination, as also when the individual concerned,
during his journey, passes the night at any market town, or in
Frederiksborg, Frederiksværk, Sikheborg, Nörresundby, and Lögstör,
or remains in any country place for more than twenty-four hours, the
residence-book must be exhibited to the police, who shall certify such
exhibition in the book itself.
7. The holder of the book, when he has not found work or subsistence
for eight days after he last notified the police, is bound to notify
himself anew to the police of the place in which he happens to be, and
can then, if not in possession of the means of modest subsistence for
eight days, be expelled or sent out of the country.
He who has had no work for six weeks shall in all cases be sent or
removed from the country, unless he can prove how during that period he
has supported himself in a lawful manner.
8. Every one who engages a foreigner to work must see that the latter
is provided with a residence-book. When the foreigner quits his
employment he (the employer) must certify in the book how long the
employment has lasted. In case of his refusal, the holder of the book
shall at once notify the police, who shall insert in the book the
necessary certificate.
Any conviction for offence must be certified in the book. The
individual concerned can apply for a new book without such certificate
if during the last five years he has not been convicted of any offence.
9. In all cases treated in Articles 5 to 8 the party concerned, should
he at the period at which the notification should be made, not find
himself in the parish or market town where the Chief of Police resides,
may address himself to the local constable. The latter shall, in the
stead of the Chief, pursue the necessary inquiry, and should the book
be found in order, and the applicant fulfil the further conditions for
continued residence in the country, he (the constable) shall insert the
necessary certificate in the book; in the contrary case, he must refer
the applicant to the Chief of Police, to whom the book must at once be
remitted. Should the certificates which the said functionary notifies
require an injunction in a formal Protocol, the costs are to be charged
to the police account.
In coast districts, so far as the present Law is concerned, the
district Commissioners shall act in place of the Constables.
10. The dispositions of Articles 5 to 9 do not apply where the parties
have continuous service, or only leave one employment to enter at once
upon another. As long as such is the case the residence-book serves as
a mark-book, and the conditions to be observed remain valid during the
service.
The notice of servants' arrival and departure, which, by the Law of the
10th May, 1854, paragraph 60, were to be made to the parish priest,
shall for the future be made to the constable, who shall certify in the
book the notices given, and report the same in the Protocol as above.
11. Should the book be lost, notice must at once be given to the
police. Should nothing appear, either from the information given by
the owner or from any other source, of a nature to excite suspicion
that the book has been purposely made away with, a new one shall
be supplied, in which shall be recorded such information as to his
previous residence in the country as can be procured without prolonged
inquiry. In the contrary event, the party shall at once be sent out of
or removed from the country, with such injunctions as are required by
Articles 1 and 2.
12. The obligation to be provided with a residence-book exists also
where the party gains his livelihood in this country, and he, moreover,
is regarded as a native-born subject for the purposes of this Law. The
party concerned can claim a book furnished with a certificate of his
observance of this obligation.
13. He who has no rights as a native-born subject, and has not any
claim to maintenance in this country, can, if he has not had continuous
residence in this country for two years, be sent or removed out of it,
by order of the Minister of Justice, when his conduct gives occasion
therefor.
In the case of removal or expulsion, in respect of which the Minister
of Justice can designate the modifications prescribed in Article 16,
which, in the circumstances, may be found suitable, such injunction can
be given by order of the Minister as is set forth in Article 2.
14. When, under the provisions of this Law, residence is refused
to any one, the said person is to remain under the observation and
surveillance of the police until sent out of the country.
15. All certificates mentioned in the preceding paragraphs shall be
given gratuitously, except those for leaving a commune mentioned in
Article 10, second portion, which shall be taxed at 25 ore each. For
the payment of the certifying of journey-books is granted a sum in
compensation out of the Treasury chest, calculated on the average of
the receipts on this account during the last five years.
16. In all cases named in this Law removal from the country shall be
effected under police direction, and in the cheapest manner compatible
with the circumstances, by railway, waggon, by sea, or on foot, so that
hired conveyance is only used in rare exceptions.
Removal shall be effected without escort by a compulsory pass from
the Chief of Police, so that the party, by means of conveyance as
aforesaid, and as far as possible under control, shall be sent direct
out of the country. The pass shall contain the necessary details of the
route, the police authorities to whom the bearer shall present himself,
as well as the amount given for subsistence money. Only when the means
of conveyance aforesaid fail can the party be permitted to depart, and
the Chief of Police shall appoint in the pass a period in which the
journey must be completed; but such freedom of travel shall not be
conceded to persons who have been convicted of vagrancy or mendicancy.
When a person is sent by one authority to another by such a pass, the
documents of identity are to be sent after him; and if he departs by
rail or by sea, due notice of his coming must be given by telegraph to
the police at the place of his destination.
In the event of any such removals, care must be taken that the party
is provided with the necessary clothing; that he is not suffering from
itch or any other contagious disease, and also that his state of health
is not such as to prevent the removal being carried out.
17. The expenses incurred in removals in virtue of this Law, as
also the expenses of maintenance and lodging until departure, and
of clothing and watching in cases provided by Article 13, are to be
paid out of the Treasury chest, and the expenses of those falling
under Article 1, who are not permitted to reside in the country, are
to be paid by themselves so far as they have the means. In all other
cases, the expenses, including subsistence money, are to be paid by
the communal funds of the locality, according to the specially given
injunctions, but may be advanced by the police chest of any place.
The Chief of Police from whose jurisdiction any one is removed as
aforesaid, must take care that any expenses incurred thereby in another
jurisdiction, are immediately settled.
18. The right conceded to itinerant workmen to seek for the ordinary
assistance given by Guilds and Corporations is abolished.
19. He who, for payment, lets out to any one lodgings either by the
day or by the week, or who gratuitously houses unknown or vagrant
personages, is bound to inquire of such information as to their name,
position, and last place of sojourn. The statements received must,
in Copenhagen and in all market towns, including Frederiksborg,
Frederiksværk, Sikheborg, Nörresundby, and Lögstör, be communicated
before noon on the morrow in writing to the police, and elsewhere
within twenty-four hours to the constable, and in coast districts
to the Commissary, accompanied according to circumstances with
observations as to any ground which may appear for doubting the
accuracy of the statements made.
The police can require all keepers of hotels, inns, and lodging-houses,
and the waiters therein, instead of giving daily notice as above, to
keep a book authorized by the police, which shall at any time be open
to the inspection of the latter. With regard to such persons who, under
Article 6, are obliged to announce themselves to the police, it is
incumbent on all who shelter them to see that such announcements are
duly made.
20. Every one is bound, when required by the police either on account
of information given in virtue of the preceding paragraph or of other
special circumstances, to prove further that he is the person whom he
professes to be, or to adduce such information as to make this probable.
21. Every town and parish Council must see that twice a year lists are
compiled by which every house proprietor shall show within eight days,
exactly for every house the number of persons resident therein, as
well as their names, occupation, age, and the date of their taking up
residence in the commune. For residents in Copenhagen the Regulations
in force hitherto remain valid.
22. Violations of the prescriptions of Articles 2, 11, and 13, are to
be punished with imprisonment on bread and water for 6 × 5 [_sic_]
days, or hard labour for 180 days.
Whoever, by false representations to the police, contrives that the
residence-book furnished to him does not answer to his real name, or
who wilfully tears out leaves therefrom, or makes use of documents
of identity not his own, or who lends those given for his own use to
another, or who deliberately makes false statements under Articles 19,
20, and 21, shall be punished, if no heavier sentence is provided by
the law, with confinement on bread and water for 2 × 5 [_sic_] days, or
with simple imprisonment for two months, or hard labour for sixty days,
or under extenuating circumstances, with a fine of from 5 to 100 crowns.
Deviations from the route prescribed in a police pass, or neglect to
accomplish the journey in the prescribed time, unless reasonable excuse
can be alleged, are to be punished with imprisonment, of not more than
five days on bread and water. (_Vide_ Penal Law, section 25.)
Other violations of this Law to be punished with fines of from 2 to 50
crowns.
Prosecutions under this Law to be brought by the Public Prosecutor.
So soon as any sentence of fine imposed by this Law is read or
communicated to the offender, shall the fine, when the sentence is
undisputed, or the offender declares himself satisfied therewith,
be at once exacted, paid, and in default of payment, without any
appeal to the authorities, forthwith expiated in accordance with the
prescriptions of the Law of the 16th February, 1866, upon the expiation
of fines.
23. Certain Laws repugnant to the provisions of this Law are repealed.
24. This Law, which has no operation in the Faro Isles, shall come into
force on the 1st July, 1875.
Dated at the Amelienborg, the 15th May, 1875.
(Signed) CHRISTIAN R.
APPENDIX E.
SUMMARY OF THE THREE PRINCIPAL ACTS OF THE UNITED STATES.
I.--THE "ACT TO REGULATE IMMIGRATION," 1882.
Section 1 provides for the levying of a duty of fifty cents on all
alien passengers arriving at any port in the United States. The money
thus collected goes to form the "Immigrant Fund," which is used for the
purpose of defraying the expenses of carrying out the Act, and for the
care of the immigrants who arrive at the ports in sickness or distress.
By Section 2 the Secretary of the Treasury is charged with the general
supervision of immigration business. He is empowered to enter into
contracts with such State Commissioners or Boards as may be designated
by the Governor of any State, to take charge of the Local immigration
of the ports within the said States. It authorizes the State
Commissioners to appoint persons to go on board the ships when they
arrive at the ports, and if "on such examination there shall be found
among such passengers any convict, lunatic, idiot, or any person unable
to take care of himself or herself, without becoming a public charge,
they shall report the same in writing to the collector of such port,
and such persons shall not be permitted to land."
Section 3 gives the Secretary of the Treasury wide discretion as to the
regulations which he may deem fit to issue from time to time.
Section 4 enacts that "all foreign convicts, except those convicted of
political offences, upon arrival shall be sent back to the nations to
which they belong." Lastly--and this is most important--"the expense
of the return of such passengers as are not permitted to land shall be
borne by the owners of the vessel in which they came."
II.--THE ALIEN CONTRACT LABOUR LAW, 1885.
By Section 1 it is made unlawful for any person, company, etc., to
prepay the transportation, or in any way assist the importation,
of aliens under contract to perform labour made previous to the
importation.
Section 2 declares that all such contracts shall be void in the United
States.
Section 3 imposes a penalty of one thousand dollars for each violation
of Section 1.
Section 4 declares that any master of a vessel knowingly bringing any
such labourers into the United States, is guilty of a misdemeanour, and
will be fined five hundred dollars for each labourer, or six months'
imprisonment, or both.
Section 5 makes certain exceptions to the excluded classes, in the case
of a skilled workman engaged to carry out a new industry not already
established in the United States, and so forth.
In 1885 further sections were added to this Act, providing for the
examination of ships; for the non-landing of prohibited persons; for
the return of such persons by Boards designated by the Secretary of the
Treasury; and for compelling the expense of the return of such persons
to be borne by the owners of the vessels which brought them to America;
the owners and masters of vessels refusing to pay such expenses, not
being allowed to land at, or clear from, any port in the United States.
III.--THE IMMIGRATION ACT OF 1891.
The new Act may briefly be analyzed as follows:--Section 1 specifies
the classes of aliens henceforth to be excluded from admission to the
United States, viz.--All idiots, insane persons, paupers, or persons
likely to become a public charge; persons suffering from a loathsome
or a dangerous contagious disease; persons who have been convicted
of felony or other infamous crime or misdemeanour involving moral
turpitude; polygamists; and also any persons whose ticket or passage
is paid for with the money of another, or who is assisted by others
to come, unless it is satisfactorily shown on inquiry that such person
does not belong to any of the foregoing excluded classes, or to the
class of contract labourers excluded by the Act of 1885. As in the Act
of 1882, the exclusion of persons convicted of political offences is
carefully guarded against.
Section 2 provides for the more vigorous enforcement of the Act of 1885.
Sections 3 and 4 declare that immigrants coming to the United States
through the solicitation of advertising agents in Europe shall be
treated as violators of the law, and steamship companies are prohibited
from encouraging such immigration.
Section 5 specifies ministers of religion, persons belonging to the
recognized professions, and professors of colleges or seminaries, as
persons not to be excluded under the Act of 1885.
Section 6 provides penalties of fine and imprisonment up to a thousand
dollars, or a year's imprisonment, or both, for violation of Act.
Section 7 establishes the office of Superintendent of Immigration
under the Treasury Department. The remaining sections of the Act may
be summarized as follows:--(_a_) That the names and nationalities
of immigrants shall be reported on arrival, and that they shall be
promptly inspected by authorized agents empowered to decide upon their
right to land. (_b_) Provision is made for the better inspection of
the Canadian, British, Columbian, and Mexican borders, (_c_) That
State and municipal authorities may exercise such jurisdiction over
immigrant stations as may be necessary for the public peace, (_d_) That
all immigrants who come in violation of the law shall be immediately
sent back to the ships that brought them to the port; or if that be
impracticable, they may be returned at any time within a year after
their arrival. Any alien who may become a public charge within a year
from his arrival shall be sent back to the country from whence he came.
(_e_) That the Federal Courts shall have full jurisdiction in all cases
arising under this Act.
APPENDIX F.
STATUTES PASSED BY THE COLONIES TO RESTRICT PAUPER IMMIGRATION.
CANADA.
The Immigration Act, 1886 (R.S.C. 1886, c. 65, secs. 23 and 24) enacts
as follows:--
[Sidenote: The landing of pauper
immigrants may be
prohibited.]
Sec. 23. The Governor-General may by proclamation, whenever he deems
it necessary, prohibit the landing of pauper or destitute immigrants
in all ports or any port in Canada, until such sums of money as are
found necessary are provided and paid into the hands of one of the
Canadian immigration agents, by the master of the vessel carrying such
immigrants, for their temporary support and transport to their place of
destination; and during such time as any such pauper immigrants would,
in consequence of such orders, have to remain on board such vessel,
the Governor in Council may provide for proper anchorage grounds
being assigned to such vessel, and for such vessel being visited and
superintended by the medical superintendent or any inspecting physician
of the port or quarantine station, and for the necessary measures being
taken to prevent the rise or spread of diseases amongst the passengers
in such vessel and amongst people on shore.--32 and 33 Vict. c. 10, s.
16.
[Sidenote: Landing of vicious
immigrants may be
prohibited.]
Sec. 24. The Governor-General may, by proclamation, whenever he deems
it necessary, prohibit the landing in Canada of any criminal, or
other vicious class of immigrants designated in such proclamation,
except upon such conditions for insuring their re-transportation to
the port in Europe whence they came with the least possible delay, as
the Governor in Council prescribes; and such conditions may, if the
Governor in Council deems it necessary, include the immediate return,
or the return with the least possible delay, of the vessel and such
immigrants to the said port--such prohibited immigrants remaining on
board until such return of the vessel.--35 Vict. c. 28, s. 10.
VICTORIA.
The Passengers, Harbours, and Navigation Statute, 1865 (No. 255),
enacts as follows in secs. 36-39:--
[Sidenote: Bond to be given for
passengers being
lunatic, etc.]
36. If the immigration officer, or assistant immigration officer, shall
certify that any passenger shall have arrived in Victoria on board any
ship as aforesaid (_i.e._ any British or foreign navigable vessel of
any kind carrying passengers, except vessels plying from any one port
in Victoria to any other port therein) being either lunatic, idiotic,
deaf, dumb, blind, or infirm, and likely, in his opinion, to become a
charge upon the public, or upon any public or charitable institution,
the immigration officer shall require the owner, charterer, or master
of such ship, within seven days after her arrival to execute with two
sufficient sureties, jointly and severally, a bond to her Majesty in
the sum of 100_l._ for every such passenger, conditioned to pay to the
Treasurer of Victoria all moneys or expenses which shall or may be laid
out or incurred within the space of five years from the execution of
the said bond for the maintenance or support of such passenger; and the
said sureties shall justify before and to the satisfaction of the said
immigration officer, and shall by their oath or affirmation satisfy
him that they are respectively residents in Victoria, and each worth
treble the amount of the penalty of such bond over and above all their
liabilities.
[Sidenote: Principal immigration
agent to report as to
forfeiture.]
37. If any passenger for whom any bond shall have been given as
aforesaid, shall at any time within five years from the execution
thereof receive maintenance or support from any public or charitable
institution in Victoria, the payment incurred for the maintenance
and support of such passenger shall be provided for out of the money
collected in and under such bond to the extent of the penalty therein
mentioned, or such portion as shall be required for the payment of
such maintenance or support; and it shall be the duty of the principal
immigration agent, upon representation made to him, to ascertain the
right and claim of the Treasurer of Victoria to payment of the amount
so expended for the maintenance and support of any such passenger, and
to report the same to the Governor in Council; and the said report
shall be conclusive in the matter, and shall be evidence of the facts
therein stated; and such bond may be put in suit, and the penalty, or
as much thereof as shall be required to defray the expenses of such
maintenance or support, may be recovered by suit or information on
behalf of her Majesty, and in the name of a law officer in any court of
competent jurisdiction.
[Sidenote: Penalty for refusing
to execute bond.]
38. If the owner, charterer, or master of any ship on board which such
passengers, specially reported, shall have been carried, shall neglect
or refuse to execute a bond as aforesaid within seven days, after being
so required as aforesaid, he shall be liable to a penalty not exceeding
100_l._ sterling, in addition to his liability under the said bond; and
such ship shall not be cleared out until the said bond shall have been
executed, and the said penalties shall have been paid.
[Sidenote: Act not to extend to
Government
immigrants, etc.]
39. These provisions ... shall not extend to immigrants brought to
Victoria at the public expense, nor to shipwrecked mariners brought
to Victoria without charge by the master of some other ship than that
in which they were wrecked, nor to the crews of ships who shall have
signed articles for the whole voyage, nor to her Majesty's land and sea
forces.
SOUTH AUSTRALIA.
Sec. 15 of the Immigration Act, 1872, enacts as follows:--
The Governor in Council may from time to time frame, annul, alter, and
vary such regulations as may be necessary for declaring what persons
shall be eligible for immigration to the said Province (_i.e._ South
Australia), and generally for carrying out the provisions of this Act;
and all such regulations, and all instructions which may from time
to time be transmitted to any immigration agent, shall be forthwith
published in the _South Australian Government Gazette_ for general
information, and shall be, within one week from their publication,
if Parliament be then sitting, or, if not, then within one week from
the next meeting of Parliament, laid upon the table of each House of
Parliament.
The above Act was passed to "encourage and assist immigration into
South Australia, and to provide for the control and supervision of
such immigration." Pauper emigrants would not, in all probability, be
allowed to land.
TASMANIA.
The Passengers Act, 1885, enacts as follows:--
[Sidenote: Bond to be given for
certain passengers.]
Sec. 3. If the collector (at the port of arrival) shall certify that
any passenger shall have arrived in Tasmania on board any ship (except
one plying from any one port in the Colony to any other port therein)
being either lunatic, idiotic, deaf, dumb, blind, or infirm, or from
any cause unable to support himself, or likely, in the opinion of the
collector, to become a charge upon the public, or upon any public
or charitable institution, the collector shall require the owner,
charterer, or master of such ship, within seven days after her arrival,
to execute a bond to her Majesty in the sum of 100_l._ for every such
passenger.
[Sidenote: Conditions of the
bond.]
4. Every such bond shall be entered into with at least two sufficient
sureties, and the person giving such bond and his sureties shall
be bound jointly and severally to pay to the Treasurer of Tasmania
all moneys and expenses which shall be laid out or incurred within
the space of five years from the execution of the said bond for the
maintenance or support of such passenger; and the said sureties shall
justify before and to the satisfaction of the collector, and shall
by their oath or affirmation satisfy him, that they are respectively
residents in Tasmania, and each worth treble the amount of the penalty
of such bond over and above all their liabilities.
[Sidenote: Provisions as to
ships quarantined.]
5. Whenever any such ship or the passengers by such ship shall have
performed quarantine in accordance with any law for the time being in
force, then the period within which the owner, charterer, or master
shall be required to give such bond shall be within seven days after
such ship or passenger has or have performed quarantine and been duly
discharged therefrom.
[Sidenote: Bond to be applied
to maintenance.]
6. If any passenger for whom any bond shall have been given as
aforesaid, shall at any time within five years from the execution
thereof receive maintenance or support from any public or charitable
institution in Tasmania, the amount expended for the maintenance
and support of such passenger shall be provided for and repaid as
herein-after provided out of the moneys collected under such bond, to
the extent of the penalty therein mentioned, or such portion thereof as
shall be required for the payment of such maintenance or support.
[Sidenote: Authority in charge
of institution to
report as to
forfeiture of bond.]
7. It shall be the duty of the authority or person having the control
or charge of such public or charitable institution, to ascertain the
right and claim of the Treasurer of Tasmania to payment of the amount
so expended for the maintenance and support of any such passenger, and
to report the same to him with all such information as may enable the
Treasurer to recover the moneys due.
[Sidenote: Bond may be put in
suit.]
8. Every such report shall be conclusive in the matter, and shall be
evidence of the facts therein stated; and every such bond may be put
in suit, and the penalty, or as much thereof as shall be required to
defray the expenses of such maintenance or support, may be recovered by
suit or information on behalf of her Majesty, and in the name of a law
officer in any court of competent jurisdiction.
[Sidenote: Penalty for refusing
to execute bond.]
9. If the owner, charterer, or master of any ship shall neglect or
refuse to execute a bond in any case within the provisions of this
Act within seven days after being so required as aforesaid, he shall
be liable to a penalty not exceeding 100_l._, and the payment of
such penalty shall not be deemed to exonerate such owner, charterer,
or master from being compelled to execute such bond as by this Act
provided; and such ship shall not either during or after the expiration
of the said period of seven days be cleared out unless and until the
said bond shall have been executed and the said penalty has been paid.
[Sidenote: Act not to extend to
Government
immigrants, etc.]
10. The provisions of this Act shall not extend to immigrants brought
to Tasmania either wholly or partly at the expense of the Colony, nor
to shipwrecked mariners brought to Tasmania without charge by the
master of some other ship than that in which they were wrecked, nor to
her Majesty's land and sea forces.
[Sidenote: Recovery of
penalties.]
11. All penalties incurred under section 9 shall be recovered in a
summary way before any two or more Justices of the Peace in the mode
prescribed by the Magistrates' Summary Procedure Act (19 Vict., No. 8);
and any person who thinks himself aggrieved by the imposition of any
such penalty, may appeal against the same in the mode prescribed by the
Appeals Regulation Act (19 Vict., No. 10).
NEW ZEALAND.
The Imbecile Passengers Act, 1882 (No. 58), is the same as the Tasmania
Act above cited, and need not, therefore, be set out in detail. The
only differences are--
(1.) The word "New Zealand" must be read throughout instead of
"Tasmania."
(2.) In secs. 3 and 5, "fourteen days" must be read for "seven days."
(3.) In sec. 4, after the words "maintenance or support of such
passenger," the words "by or in any public or charitable institution
in New Zealand" must be inserted.
(4.) In sec. 8, instead of the words from "defray" to the end,
the following must be read: "defray the charges incurred in such
maintenance or support, may be recovered on behalf of her Majesty in
the manner provided by the Crown Suits Act, 1881."
(5.) The following must be added as sec. 9:--
All moneys recovered or received under any such bond as aforesaid
shall be paid by the Commissioner to the public or charitable
institution, by or in which any such passenger #/ /# may have been
maintained or supported as aforesaid.
(6.) Instead of sec. 11 read as sec. 12:--
All penalties incurred under sec. 10 (sec. 9 of the Tasmanian Act)
shall be recoverable in a summary way before any two or more Justices
of the Peace.
APPENDIX G.
LIST OF SOME OF THE PRINCIPAL LABOUR ORGANIZATIONS AND TRADES UNIONS
WHICH HAVE CONDEMNED UNRESTRICTED ALIEN IMMIGRATION.
The Blackburn Power-Loom Weavers' Protection Society.
National Society of Amalgamated Brassworkers.
Steam-Engine-Makers' Society.
Amalgamated Society of Engineers.
Operative Bricklayers' Society.
Associated Society of Locomotive Engineers and Firemen.
Amalgamated Society of Carpenters and Joiners.
Boiler-Makers' and Iron Ship-Builders' Society.
Amalgamated Association of Operative Cotton-Spinners.
Amalgamated Society of Railway Servants of England, Ireland, Scotland,
and Wales.
Miners' Association (Durham).
Sailors' and Firemens' Union.
British Steel Smelters' Amalgamated Association.
The Amalgamated Hammermen's Trade Association.
Liverpool and Vicinity United Trades' Council.
London Trades' Council (Special sub-committee).
Operative Bakers of Scotland National Federal Union.
Cardiff, Penarth, and Barry Coal Trimmers' Protection and Benefit
Association.
National Union of Boot Clickers and Rough Stuff Cutters.
Durham County Colliery Enginemens' Association.
Operative Cotton Spinners' Society.
The United Pointsmen and Signalmens' Mutual Aid and Sick Society.
Sailors' and Firemens' Union--Green's Home Branch.
Quarrymen's Union.
Oldham Provincial Card and Blowing Room Operatives' Association.
St. Helen's Association of Colliery Enginemen.
Dockers' Union.
West Bromwich, Oldbury, Tipton, Coseley and Bradley Amalgamated
Association of Miners.
United Operative Plumbers' Association of Great Britain and Ireland.
Birmingham Operative Brass-Cock Finishers' Society.
West Riding of Yorkshire Power-Loom Weavers' Association.
Protective and Provident Society of Women working in Trades in Oxford.
National Amalgamated Coal-Porters' Union of Inland and Sea-borne Coal
Workers.
Progressive Union of Cabinet-makers.
London Potters' Trade Society.
Liverpool Operative Ship-painters.
Society of Compositors.
Operative Lace-Makers' Society.
The Operative Plasterers' Association.
The Tin and Iron Plate-Workers' Society.
The Society of House Decorators.
The Shoemakers' Association.
The Master-Tailors' Association (Liverpool); and many others.
INDEX.
Action of the United States, 2
Alien Act of William IV., 26, 161
Alien Acts, English, 157
Alien Lists, how prepared, 29
Aliens do not create New Industry, 79
Aliens who return to Continent, 32
Allen, Mr., Evidence of, 78
_Alton Locke_, 69
Amalgamated Brassworkers, 81
American Act of '91, 134, 177
American Immigration, 126
American Labour, 132
Amusements of Foreign Jews, 47
Amusements of Italians, 65
Anti-Semitic Feeling, 35
Arrival of Aliens, 42
Association for Preventing Immigration, &c., 24
Asylum, Right of, 14
Attempts to confuse issue, 6
"Australia for the Australians," 144
Australian Immigration, 137
Austria, 116
Barnett, Rev. S. A., 107
Barrel Organs, 65
Bate, Dr., Evidence of, 99
Bavaria, 121
Bedford, Bishop of, 18, 143
Belgium, 118
Boarding-house, Jewish, 42
Board of Trade Returns, 25
Boot-slosher, 46
Boot Trade, Cheap, 46
British Columbia, 138
Bulgaria, 120
Burnett, John, Evidence of, 17, 75
Burnett's Report (Leeds), 22
Cabinet-making Trade, 75
Canada, 137
Canadian Act, 137
Canadian Immigration, 132
Causes of Immigration, 49
Chair-turning, 70
Chartist Act, 155, 160
Cheap Clothing Trade, 74
Children's Protection Act, 61
Chinese Immigrants Act, 143
Chinese Immigration, 139
Chinese Minister protests, 139
Chovevi Zion, 47
Clouet, E., 124
Colonial Workmen, 144
Combination useless, 60
Condition of Aliens, 42
Conference at Sydney, 143
Contract Labour Law, 177
Correspondence in _Times_, 31
Craving for Enjoyment, The, 107
Cruelties of _Padroni_, 59
Cruikshank's Allegory, 5
Customs, Letter from, 28
Dangers of _Judenhetze_, 51
Decoy for young Jewesses, 48
Degradation of Labour, 76
Dejonge, Henry, Evidence of, 18
Delicato, The Case of, 62
Denmark, Laws of, 167
Derby, Lord, 4
Destitution of Immigrants, 11
Dilke, Sir C., 136
Discomforts of Journey, 38
Disraeli, Mr., 83
Distribution of Jewish Immigration, 36
Dockers' Strike, 144
Drunkenness, an Effect, 106
Dunraven, Lord, 108
Economic Aspect, The, 69
Emigration rendered useless, 113
European Countries, 115
_Evening News and Post, The_, 39
Example of the United States, 127
Factory Inspector's Evidence, 97
Factory Regulations evaded, 88
Fayrer, Sir Joseph, 102
Feeling of Working-classes, 81
Ford Committee, The, 132
Foreign Revolutionary Societies, 56
France and Immigration, 123
Freak, Mr., Evidence of, 73
Free Trade, 154
Fur Trade, The, 70, 71
Gains of _Padroni_, 60
Galicia, 130
Georgian Era, The, 159
Germany and Aliens, 121
Goodman, Mr., Evidence of, 77
Goschen, Mr., 66
Goulson Street, 44
Grandmotherly Legislation, 153
Greece, 123
"Greener," The, 45
Green's _History_, 7
Grey, Sir George, 155
Hackney Board of Guardians, 105
Hamburg, Law of, 149
Henry IV., Act of, 157
" VI., " 158
" VII., " 158
Hicks-Beach, Sir M., 29
Holland, Inspector, 99
Home-work, 86
Huguenots, The, 7, 10
Ice-cream Vendors, 64
"Immigrant Emigration," 33
Increase of Immigration, 17
Individual Effort useless, 153
Infectious Diseases, 99
Injustice of Russia, 8
Irish in the United States, 127, 130
Isolation of England, 3
Italian Children, 54
Italy, Law of, 167
Jewish Board of Guardians, 24, 51, 97
Jewish Immigrant, Troubles of, 37
Jewish Immigration, 21, 33
Jewish Ladies' Rescue Society, 49
Jews, Foreign, Unsanitary habits of, 97
Jews in Russia, 8
Juvenal's Satires, 56
Keir, Mr., Statement of, 78
Killick, Mrs., 90
Kingsley, Canon, 106
Labour Legislation, 83
Labour Movement, 111
_Laissez-faire_ Policy, 135
Leeds, Immigration into, 23
Lengthy Hours of Work, 45, 88
Lewisham Election, 84
"Limewash," 103
Lindsay, Mr., Evidence of, 27
List of Trades Unions, 186
Liverpool, Aliens in, 21
Loss of self-respect, 106
Manchester, Aliens in, 20
Mancini, Case of, 63
Mansion House Meeting, 10
Marriott, Sir W. T., 152
Mason, Rev. W. A., 18
"Meadow Bank" Case, 99
Mile End Board of Guardians, 105
Model Dwellings, 97
Moral View, The, 107
Multiplication of small masters, 69
Munich Society, 131
National View, A, 79
Netherlands, The, 119
New South Wales, 139, 145
New Zealand Act, 138, 184
Norway, 122
Official Returns, 25
Ogle, Dr. W., Evidence of, 17, 74
Old Ford, Vicar of, 91
Ottoman Government, 124
Out-work, System of, 86
_Padroni_, The, 58
Pampa _v._ Romano, 63
Parkes, Sir Henry, 145
Pauperism and Immigration, 104
Peter the Great, 95
Pilgrim Fathers, 128
Police Reports, 20
"Pool" of Unemployed, 79
Portugal, 124
Practice of counting Aliens, 31, 33
Preventible Diseases, 102
Prince of Wales, 102
Prohibition, 154
Prostitution, Increase of, 87
Queensland, 142
Refugees, 14
_Residuum_, The, 33
Restrictive Measures, 149
Richard II., Statute of, 157
Roumania, 120
Russian Edicts, 2
Russian Jews, 9
Russia's Injustice, 8
Russia's Policy, 125
Sanitary Aspect, The, 95
Sanitary Legislation, 102
Sanitation, Importance of, 101
Saxony, 120
Select Committee of Immigration, 150
Sentimental Objection, 4
Simmons, Mr., Evidence of, 18
Social Evils, 104
Socialistic Legislation, 153
Society of Friends of Foreigners in Distress, 54
Steamship Solicitation, 49, 129
Survival of the Fittest, 108
"Sweater," The, 69
Sweaters' Dens, 102
Sweating Committee, The, 96, 102
"Sweating" prices, 71, 89
Sweden, 122
Switzerland, 123
Tasmania, 3
Thurston, Mr., Evidence of, 18
Trades Unionism, 81
Traditional Policy, 14, 154
Traffic in Italian Children, 58
Trustworthy Statistics, Need of, 34
"Tuke" Committee, The, 130
Turkey, 124
United States Legislation, 176
Urgency for Legislation, 151
Victoria, the Chinese, 137, 144
Wages paid to Women, 89
Whitechapel, 94, 97
Woes of the Workwoman, 85
Women driven on the Streets, 91
Würtemburg, Laws of, 121
Zeitlin, Mr., Evidence of, 74
THE END.
_Richard Clay & Sons, Limited, London & Bungay._
FOOTNOTES:
[1] _i.e._ 1890.
[2] _i.e._ 1891.
[3] _Vide_ Appendix A.
[4] _Daily Telegraph_, January 6, 1892.
[5] _Vide_ Appendix A.
[6] 15th September, 1891.
[7] Statistical Tables relating to Emigration and Immigration, 1890.
[8] _Vide_ Appendix B.
[9] Letter from Board of Trade, 15th June, 1891.
[10] _Vide_ Monthly Returns of the Board of Trade.
[11] _The Evening News and Post._
[12] 26th October, 1891.
[13] Letter to _The Times_, August 23rd, 1890, and elsewhere.
[14] _Vide_ Appendix C.
[15] 1891.
[16] 24th August, 1891.
[17] 2nd October, 1891.
[18] 10th June, 1891.
[19] _Vide_ Appendix.
[20] _Times_, 26th June, 1890.
[21] Congress of Hygiene and Demography, August 1891.
[22] _Vide_ Majority Report, Hackney Board of Guardians, April 1891.
[23] The late Canon Kingsley.
[24] _Great Cities, and their Influence for Good and Evil._
[25] Arnold White, _Problems of a Great City_.
[26] Speech, Public Meeting of "Association for Preventing Immigration
of Destitute Aliens," July 1891.
[27] Speech, House of Lords, June 1890.
[28] _Vide_ Appendix.
[29] 1891.
[30] _Vide_ Appendix.
[31] _Problems of Greater Britain_, vol. ii. p. 314.
[32] _Vide_ Appendix.
[33] 17th January, 1891.
[34] The italics are my own.--W. H. W.
[35] _Vide_ Appendix G.
[36] Speech at Inaugural Meeting of the Association for Preventing
Immigration of Destitute Aliens, May 1st, 1891.
[37] Mr. Sydney Buxton, M.P., Right Hon. E. Heneage, M.P., Mr. W.
McArthur, M.P., and many others.
[38] For the information contained in Appendix A I am indebted to Mr.
C. J. Follett, C.B.
* * * * *
Transcriber's Notes:
Missing footnotes anchors were corrected.
All footnotes were moved to the end.
Page ii, "Capitaland" changed to "Capital and."
Page 7, "artizans" changed to "artisans."
Page 20, opening quotation mark added.
Page 32, "espitolatory" changed to "epistolary."
Page 66, "semmlingly" changed to "seemingly."
Page 110, "wrould" changed to "would."
Page 113, "wromen" changed to "women."
Page 151, "diposed" changed to "disposed."
Both "padrone" and "padroni" were used in this book.
End of Project Gutenberg's The Alien Invasion, by William Henry Wilkins