CHAPTER XII.
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