CHAPTER V
1860 TO 1882
The disturbances connected with the Civil War, following the industrial depression of 1857, naturally produced a diminution in the immigration current, which in the year 1862 fell to 72,183, the lowest point it had reached for more than twenty years, and one which has never been reached since. This condition, which tended to allay the excessive fear of immigration which had marked the previous decade, was augmented by certain other factors. Foremost among these was the enormous internal migration of people from the east to the middle and farther west, encouraged by the liberal homestead act of 1862. This movement, in connection with the loss of life occasioned by the war, seemed to leave great gaps in the population of the eastern states, and put the foreigners who came to fill them in much better favor. Many of the immigrants themselves also moved on to the west and took up new land, where they crowded nobody and rendered a real service in the building up of the country.
These facts explain what would otherwise seem an extraordinary circumstance—namely, that the first federal law passed with the avowed intent of regulating the volume of immigration was an act to encourage immigration. This was the act of July 4, 1864, which provided for the appointment by the President of a Commissioner of Immigration, to be under the direction of the Department of State, and further provided that all contracts made in foreign countries by immigrants pledging the wages of their labor for a term not exceeding twelve months should be valid. An immigration office was to be established in New York City, in charge of a Superintendent of Immigration, to look after the transporting of immigrants to their final destination, and protecting them from imposition and fraud. Several companies, in pursuance of this act, were formed for the purpose of dealing in contract labor. But protests against the character of immigrants continued strong, and the law was repealed in 1868. The feeling of opposition to contract labor in general was also beginning to assert itself at this time, and continued to grow, so that the next federal legislation touching on contract labor was of a wholly different character.
This period witnessed another important change in the immigration situation—the transition from the sailing vessel to the steamship as the prevailing type of immigrant carrier. “Writers on the history of sail and steam navigation agree that steamships played no part prior to 1850 in the transportation of other than cabin passengers. In that year the Inman Line of steamships, then recently established, began to compete with sailing vessels by providing third class, or steerage, accommodation.... Once established in the emigrant carrying trade, steamships quickly monopolized the greater part of the business.”[94] In 1856, of the passengers landed at Castle Garden, New York, 96.4 per cent were carried on sailing vessels, and 3.6 per cent on steamships. In 1873 the proportions were almost exactly reversed—3.2 per cent on sailing vessels, and 96.8 per cent on steamships. The turn of the balance came between the years 1864 and 1865; in the first of these years the sailing vessels carried 55.7 per cent of the passengers, and in the second, 41.7 per cent. “No consistent data are available to show the relative number of passengers carried on sailing vessels and steamships after 1873, but it was not long until steamships had practically a complete monopoly of the business.”[95] This change did more to alleviate the conditions of the steerage than anything which had transpired previously.
The change from sail to steam was accompanied by the loss of the primary position in the immigrant-carrying field by the United States. In the rivalry for the steamship business she was quickly outstripped by England. Chance played a part in this outcome through the loss of two of the largest ships of the Collins Line, but the conscious policy of the United States contributed to the result. The available capital of the country was diverted to manufactures and railroad building by the artificial stimulus given to these industries—by the tariff on the one hand, and the land grants on the other.
With the return of prosperity after the war, the volume of immigration began to increase again, and in 1873 culminated in the record figure of 459,803. The industrial depression of that year cut down the influx, and the next record was not reached until 1882, the year that inaugurates the modern period. During the entire period under discussion the two main elements in the immigration stream were the Irish and the Germans. The climax of the immigration from the United Kingdom (mostly Irish) had been reached in 1851, with a total of 272,240, a figure which has never been equaled since. The immigration from Germany in the year 1854 had reached 215,009, a number which has been exceeded only once since then (in 1882). In 1854, 87.7 per cent of the entire immigration came from these two sources. In 1873, 68.8 per cent still showed the same origin.
During the closing years of this period people of Scandinavian origin occupied a noteworthy place in the immigration field. Small parties of Norwegians, Danes, and Swedes had appeared early in the nineteenth century, and had been followed by others from time to time. These early immigrants had formed settlements, for the most part agricultural, in various parts of the country, particularly in the middle west and northwest. But they were an inconsiderable part of the total immigration until after the Civil War. In 1873 they amounted to 7.7 per cent of the total immigration, and in 1882 to 13.4 per cent. The underlying causes which predisposed the natives of the Scandinavian countries to emigration were found in the rugged and inhospitable character of the soil, and the severe and uncertain climate. Only a small part of the total land area was available for cultivation, and there was little room for an expanding population. Thus the fundamental causes of emigration were economic. Religious differences and the demands of military service played minor parts. Political oppression entered in somewhat in the case of the Danes.
The more immediate causes are found in a period of financial depression between 1866 and 1870, the Dano-Prussian War of 1864, the activities of steamship agents, and more particularly the letters and visits from the earlier emigrants and adventurers, who told in person of the advantages and opportunities of life in America. These, as always, had a profound effect in stirring up enthusiasm for emigration.
The Scandinavian emigrants came mainly from rural regions and rural occupations, and naturally tended to follow out the same bent in their new home, resembling in this respect their kinsmen, the Germans. Like them, too, they were easily assimilated, and aroused little opposition on the part of the Americans.[96]
It was in connection with one of these leading groups of immigrants—the Irish—that there developed one of the most unfortunate, and at the same time interesting, series of events that have occurred in connection with the immigrant situation during our entire history—one that had much to do with arousing antipathy toward foreigners, and was among the influences that led to the introduction of new races from southeastern Europe.[97] This was the Molly Maguire disturbance in the anthracite region of Pennsylvania.
When the anthracite coal districts of Pennsylvania were opened up, early in the second quarter of the nineteenth century, the social conditions in the new settlements resembled those of a gold mining region, in the prevalence of lawlessness, excitability, and turbulence. The country was still rough and thinly settled, and between the mining settlements were wide stretches of virgin wilds which furnished ideal hiding places for criminals and refugees. As the knowledge of mining was largely confined to foreigners, they came to occupy a large place in the colliery towns, and prominent among them were the Irish. As the numbers of Irish increased, Irish customs and ideas came to practically dominate many places. Other foreign races represented were the Germans, English, Welsh, Scotch, and Poles. The immigrants from Ireland during the forties and fifties were not all worthy representatives of the race, as many of the more turbulent characters were practically compelled by the landlords to join the general exodus.
As early as 1854 there appeared among the Irish miners an organization known as the Molly Maguires—a name long known in Ireland, though there was no organic connection between the societies in the old and new world. Its members were all Irish and all professed adherents to the Roman Catholic Church, though both the church and the better elements of the race absolutely repudiated them and their acts. Also, practically all the Molly Maguires were members of the Ancient Order of Hibernians, and were able so to control this organization, legally chartered for beneficial purposes, as to use it as a cloak for their nefarious enterprises.
The power of the Molly Maguires was used primarily to further the ends of its members in their relations with the colliery owners and bosses; whenever a dispute arose between an employee and a boss, the latter would be served with a notice, frequently decorated with rude pictures of coffins, death’s heads, and the like, warning him to desist in his course or to leave the region. If he failed to obey, he was almost sure soon after to be waylaid and cruelly beaten, as well as to suffer social ostracism. The perpetrators of the deed of violence always escaped, and thus confidence and a sense of power grew in the organization.
Soon after the breaking out of the Civil War, conditions in the anthracite region became such as to improve the situation of the miners and add to the power of the Molly Maguires. They became more and more insolent in their demands, and ambitious in their purposes. They tried to gain control of the Miners’ Union, and also, with a measure of success, sought to dominate local politics, with their eye primarily upon the township funds. They succeeded in making the lives of the small mine owners such a burden that they were glad to sell out to the large combinations; thus the growth of large units and monopolies was fostered, as they alone could deal with the Molly Maguires on anything like terms of equality. In the meantime, the methods of the society increased in harshness and barbarity. Arson and murder took the place of beating. There arose a rivalry among the Mollies as to who should gain the greatest reputation for deeds of reckless savagery. Murder after murder was committed, without a conviction. The victims were often men of the highest repute and usefulness in their respective communities. The motives for the outrages increased in variety, including almost any injury, real or fancied, or any personal grudge on the part of a member of the society, though rarely were they committed for robbery. A general reign of terror settled down over the region, and vigilance committees were being formed for purposes of reprisal.
At this juncture, in 1873, Mr. Franklin B. Gowen, president of the Philadelphia and Reading Coal and Iron Company, and a man of remarkable character, enlisted the services of the Pinkerton Detective Agency in the effort to stamp out the organization. A young Irish detective, James McParlan, was chosen for the dangerous and difficult work. He was instructed to go to the anthracite region, join the Molly Maguires, and get as high in their counsels as possible, in order that he might reveal their secrets to the authorities, thereby preventing outrages when possible and securing convictions where he could not prevent. He was successful in both efforts. After many months of work and peril he finally succeeded in securing sufficient evidence to accomplish the conviction of a large number of the members of the society, breaking down completely their customary defense of an alibi. In all, nineteen Molly Maguires were hanged, and a larger number imprisoned, and the power of the organization was completely shattered.
This series of events is a remarkable illustration of the way in which customs, and habits of thought, and standards of conduct, which have grown up by a natural process, and are comprehensible if not excusable in one land, may develop most alarming and disgraceful features when transplanted to a new environment. The essential strength of the Molly Maguires lay in that deep-seated hatred of an informer which has become a pronounced feature of the Irish character, as a result of the conditions to which they have been subjected at home. Thus, while the great mass of the Irish settlers of the anthracite region abhorred the principles and deeds of the Molly Maguires, it was almost impossible to secure witnesses against criminals whose identity was a matter of general knowledge, because of the greater repugnance to the character of an informer. The traditional hatred of the Irish peasant towards the landlord was, in this country, diverted to the capitalist class in a wholly unreasonable but efficient manner.
There is here, also, a striking demonstration of the capacity of a relatively small group of turbulent and unassimilated foreigners so to conduct themselves as to bring an undeserved disrepute upon their whole group, and foster economic and social changes in society which will last on long after they are all dead.[98]
While the Irish and Germans were dominating the immigration situation on the Atlantic coast, the Chinese were occupying the center of the stage in the west. The stream of Chinese immigration became considerable at about the same time that the great increase in European immigration was taking place on the other side of the continent. As to its causes, Mrs. Mary Roberts Coolidge speaks as follows: “The first effective contact of China with Western nations was through the Opium War of 1840, which resulted in an increase of Chinese taxes, a general disturbance of the laboring classes, and the penetration of some slight knowledge of European ideas into the maritime provinces. Although this prepared the way for the emigration to the West, its precipitating cause lay in ‘the Golden Romance’ that had filled the world,”—that is, the news of the discovery of gold in California. “Masters of foreign vessels afforded every facility to emigration, distributing placards, maps, and pamphlets with highly colored accounts of the Golden Hills.... But behind the opportunity afforded by foreign shipping and the enticement of the discovery of gold lay deeper causes for emigration—the poverty and ruin in which the inhabitants of Southeastern China were involved by the great Taiping rebellion which began in the summer of 1850. The terrors of war, famine, and plundering paralyzed all industry and trade, and the agricultural classes of the maritime districts especially were driven to Hong Kong and Macao.”[99] By the end of 1852 there were in the neighborhood of 25,000 Chinese on the Pacific coast, almost all of them in California.
During the first few years of their coming, the Chinese in California were welcomed, and were looked upon with favor. They were industrious, tractable, and inoffensive, and were willing to undertake the hard, menial, and disagreeable forms of labor—partly work generally done by women—for which native labor was not available under existing conditions. Their strange manners and customs aroused nothing more than feelings of curiosity. But gradually a feeling of opposition to them began to grow up, fomented by the jealousy and race prejudice of the miners. Their peculiar appearance and strange customs began to make them the objects of suspicion and hatred. This feeling was intensified by the presence of a large element of southerners in California, who classed all people of dark skin—“South Americans, South Europeans, Kanakas, Malays, or Chinese”—together as colored. Wild stories of their character and habits began to circulate, and with each repetition gained strength until they passed current as facts. Among these were the assertions that the Chinese were practically all coolies, or labor slaves, that they were highly immoral and vicious, that they had secret tribunals which inflicted the death penalty without due process of law, that they displaced native labor, that they could not be Christianized, that they had no intention of remaining as permanent residents of the country and would not assimilate with the natives, that they sent money out of the country, etc. Most of these charges have been proven to be either wholly false or highly exaggerated by recent investigations, and were so recognized by the more sober and fair-minded students of the subject at the time. But for the mass of the people of the Pacific coast, and for many in other parts of the country, they acquired all the force of established dogma, and their reiteration passed for argument.
The Chinaman became the scapegoat for all the ills that afflicted the youthful community, from whatever cause they really arose, and in time an anti-Chinese declaration came to be essential for the success of any political party or candidate. In such a state of public opinion it was inevitable that their lot should be a hard one. They were robbed, beaten, murdered, and persecuted in a variety of ways. The foreign miners’ license tax was used against them in a discriminating way which amounted to quasi legal plunder.
In 1876 the California State Legislature appointed a committee to look into the matter of Chinese immigration and to make a report. This was done in 1877, and although the resulting Address and Memorial to Congress have had a large influence in forming public opinion, and in shaping legislation, it appears that it was in fact a purely political document, and that everything was arranged in advance to secure a report which should accomplish a certain definite result—the satisfaction of the workingmen of the state, and the emphasizing of the necessity of federal legislation. The need of this was strongly felt, because nearly all the acts passed by the coast states against the Chinese had been declared either unconstitutional or a violation of treaty.
In response to the repeated demands of the coast states for some federal action, Congress in 1876 appointed a special committee on Chinese immigration, which made what purported to be a thorough investigation of the matter, and reported thereupon. The report was wholly anti-Chinese. But this was inevitable, as it is apparent from a careful study of the testimony, that the committee “came to its task committed to an anti-Chinese conclusion and that it had no judicial character whatever.”[100] The evidence was willfully distorted to produce the desired result.
During all this time our relations with China had been nominally subject to a series of treaties, beginning with that of 1844, and including the famous Burlingame treaty of 1868. While the earlier agreements did not specifically mention the rights of Chinese to reside and trade in the United States, they were in fact allowed the same privileges in these respects as the citizens of other nations. By the treaty of 1868, however, the right of voluntary emigration was definitely recognized as between the two countries on the basis of the most favored nation; but the Chinese were not given the right of naturalization. From this privilege they were definitely excluded by the law of 1870.
It became evident in time that no federal legislation, satisfactory to the politicians of the western states, could be secured under the existing treaties. There arose accordingly a demand for a new treaty which would allow the passage of laws which would include the points desired by the western representatives, practically the exclusion of all Chinese not belonging to the merchant class. In response to this demand there was negotiated, after much conference between the representatives of the two nations, a new treaty in 1880. The most important feature of this new instrument was the right conferred upon the government of the United States reasonably to regulate, limit, or suspend, but not to prohibit, the coming or residence of Chinese laborers, whenever it deemed that the interests of the country demanded such action. It is under this treaty that the various Chinese exclusion acts have been passed.
The first of these acts was passed in 1882, and provided for the exclusion of Chinese laborers for a period of ten years. This was not to apply to Chinese who were already in the country, or who should enter within ninety days after the passage of the act. Such persons, who desired to leave the country and return, were required to secure a certificate, which by an amendatory act of 1884 was made the sole evidence of the right of a Chinaman to return. This act also required a certificate of the exempt classes, to be issued by the Chinese government or such other foreign governments as they might be subject to. The deportation of Chinese unlawfully in the country was also provided for by these acts.
These laws were in many respects carelessly drawn and extremely difficult of execution. In their application they entailed great expense upon the United States government, and worked extreme hardship and injustice to many Chinese. They were, nevertheless, effective as regards their main purpose, for the volume of Chinese immigration at once diminished exceedingly. The strictness of the exclusion was increased by the act of 1888, which refused return to any Chinese laborer unless he had a lawful wife, child, or parent in the United States, or owned property of the value of $1000 or had debts due him of like amount. The acts in force were extended for another ten years by the act of 1892, and again indefinitely in 1902, in each case with relatively unimportant modifications in detail.
This history of Chinese immigration is not a matter in which the citizen of the United States can take much pride. Race prejudice, bigotry, ignorance, and political ambition have played a prominent part in the agitation, and have been instrumental in securing much of the legislation. The attitude and conduct of the United States contrasts unfavorably with the position of China, which has been one of patient, courteous, dignified, but emphatic protest, and willingness to coöperate in securing reasonable and beneficial regulation. The boycott of 1905 has been her principal active reprisal. In spite of these facts, however, it would be rash to assert that the exclusion of Chinese laborers, by whatever unfortunate means accomplished, has not been of actual benefit to the United States. The assertion that the failure of the Chinese to assimilate has been due more to race prejudice and exclusiveness on the part of Americans than to unwillingness to be Americanized on the part of the Chinese, does not do away with the fact of nonassimilation. Until Americans are willing to fraternize on terms of social equality with members of any race, there is great danger to national institutions in the presence of large numbers of that race within the country.[101] And when we reflect how enormous Chinese immigration might easily have become in these recent years of quick and easy transportation, and excessive activity of steamship agents, contract labor agents, and others of their kind, it is apparent that if free immigration had been allowed to these people of a widely diverse race, we might now be facing a Chinese problem in this country second in gravity only to the negro question.[102]
By the end of this period the conditions of life in America had so changed as to diminish the general feeling of complacency toward unlimited immigration. There was in particular a growing opposition to contract labor, and an increased demand for federal control of the immigration situation, especially as all state laws in regard to the regulation of foreign immigration had been declared unconstitutional in 1876. There was a conviction in the minds of some thinkers that the United States no longer stood in need of an increased labor force. These views were clearly expressed in an article by Mr. A. B. Mason, published in 1874. Some of his statements have a new ring. “The conditions that have hitherto greatly favored immigration no longer exist in their full force.” “The labour market, especially for agricultural labour, is overstocked.” “The especial disadvantages of American labour more than counterbalance its especial advantages.” “English labour is in the main as well off as American labour.”[103] It is evident that the time was at hand when the competition of the foreigner in the American labor market could no longer be regarded with equanimity.
This sentiment did not bear fruit, however, until the year 1882. The only federal legislation bearing on immigration after the repeal of the favorable contract labor law in 1868 up to this date, was the act of March 3, 1875, prohibiting the importation or immigration into the United States of women for the purpose of prostitution, and also prohibiting the immigration of criminals, convicted of other than political offenses. This law, while couched in general terms, was an outcome of the anti-Chinese agitation, and was passed with this race particularly in mind.