Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1889
Mr. Blaine to Sir Julian Pauncefote.
Washington, May 22, 1889.
Sir: I have the honor to acknowledge the receipt of your note of this date, calling my attention to seven British subjects, passengers on board the steam-ship Obdam of the Netherlands line, who were prevented from landing at the port of New York on the ground that they were under contract to perform labor.
So soon as your note was received I dispatched an officer of the Department to bring the matter to the attention of the Secretary of the Treasury, and to ask that your request that the men referred to might be detained until further investigation should be complied with.
The Secretary of the Treasury at once issued orders by telegraph to the collector of the port to cause the men to be detained pending further examination.
I beg to inclose for your information a circular issued by the Treasury Department on March 24, 1887, which contains the original Act of Congress, and the act amendatory thereof prohibiting the importation [Page 471] of foreigners and aliens under contract, as I infer that during your residence in the United States questions similar to the one just brought to my attention may frequently arise.
I have, etc.,
Circular prohibiting the importation of foreign laborers under contract.
Washington, D. C., March 24, 1887.
To Collectors of Customs, Commissioners of Immigration, and others:
The following is a copy of the original Act of Congress prohibiting the importation of foreign laborers under contract, approved February 26, 1885, to which is appended a copy of the act amendatory thereof, approved February 23, 1887, charging the Secretary of the Treasury with the duty of executing the provisions of both acts.
original act.
AN ACT to prohibit the importation and immigration of foreigners and aliens under contract or agreement to perform labor in the United States, Territories, and the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act it shall be unlawful for any person, company, partnership, or corporation, in any manner whatsoever, to prepay the transportation, or in any way assist or encourage the importation or migration of any alien or aliens, any foreigner or foreigners, into the United States, its Territories, or the District of Columbia, under contract or agreement, parol or special, express or implied, made previous to the importation or migration of such alien or aliens, foreigner or foreigners, to perform labor or service of any kind in the United States, its Territories, or the District of Columbia.
- Sec. 2. That all contracts or agreements, express or implied, parol or special, which may hereafter be made by and between any person, company, partnership, or corporation, and any foreigner or foreigners, alien or aliens, to perform labor or service or having reference to the performance of labor or service by any person in the United States, its Territories, or the District of Columbia, previous to the migration or importation of the person or persons whose labor or service is contracted tor into the United States, shall be utterly void and of no effect.
- Sec. 3. That for every violation of any of the provisions of section one of this act the person, partnership, company, or corporation violating the same, by knowingly assisting, encouraging, or soliciting the migration or importation of any alien or aliens, foreigner or foreigners, into the United States, its Territories, or the District of Columbia, to perform labor or service of any kind under contract or agreement, express or implied, parol or special, with such alien or aliens, foreigner or foreigners, previous to becoming residents or citizens of the United States, shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and recovered by the United States or by any person who shall first bring his action therefor, including any such alien of foreigner who may be a party to any such contract or agreement, as debts of like amount are now recovered in the circuit courts of the United States; the proceeds to be paid into the Treasury of the United States; and separate suits may be brought for each alien or foreigner being a party to such conract or agreement aforesaid. And it shall be the duty of the district attorney of the proper district to prosecute every such suit at the expense of the United States.
- Sec. 4. That the master of any vessel who shall knowingly bring within the United States on any such vessel, and land, or permit to be landed, from any foreign port or place, any alien laborer, mechanic, or artisan who, previous to embarkation on such vessel, had entered into contract or agreement, parol or special, express or implied, to perform labor or service in the United States, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars for each and every such alien, laborer, mechanic, or artisan so brought as aforesaid, and may also be imprisoned for a term not exceeding six months.
- Sec. 5. That nothing in this act shall be so construed as to prevent any citizen or subject of any foreign country temporarily residing in the United States, either in private or official capacity, from engaging, under contract or otherwise, persons not residents or citizens of the United States to act as private secretaries, servants, or domestics for such foreigner temporarily residing in the United States as aforesaid; [Page 472] nor shall this be so construed as to prevent any person or persons, partnership or corporation from engaging, under contract or agreement, skilled workmen in foreign countries to perform labor in the United States in or upon any new industry not at present established in the United States: Provided, That skilled labor for that purpose can not be otherwise obtained; nor shall the provisions of this act apply to professional actors, artists lecturers, or singers, nor to persons employed strictly as personal or domestic servants: Provided, That nothing in this act shall be construed as prohibiting any individual from assisting any member of his family or any relative or personal friend to migrate from any foreign country to the United States for the purpose of settlement here.
- Sec. 6. That all laws or parts of laws conflicting herewith be, and the same are hereby, repealed.
Approved February 26, 1885.
amendatory act.
An act to prohibit the importation and immigration of foreigners and aliens under contract or agreement to perform labor in the United States, the Territories, and the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That an act to prohibit the importation and immigration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia, approved February twenty-sixth, eighteen hundred and eighty-five, and. to provide for the enforcement thereof, be amended by adding the following:
- “Sec. 6. That the Secretary of the Treasury is hereby charged with the duty of executing the provisions of this act, and for that purpose he shall have power to enter into contracts with such State commission, board, or officers as may be designated for that purpose by the governor of any State to take charge of the local affairs of immigration in the ports within said State, under the rules and regulations to be prescribed by said Secretary; and it shall be the duty of such State commission, board, or officers so designated to examine into the condition of passengers arriving at the ports within such State in any ship or vessel, and for that purpose all or any of such commissioners or officers, or such other person or persons as they shall appoint, shall be authorized to go on board of and through any such ship or vessel; and if in such examination there shall be found among such passengers any person included in the prohibition in this act, they shall report the same in writing to the collector of such port, and such person shall not be permitted to land.
- “Sec. 7. That the Secretary of the Treasury shall establish such regulations and rules, and issue from time to time such instructions, not inconsistent with law, as he shall deem best calculated for carrying out the provisions of this act; and he shall prescribe all forms of bonds, entries, and other papers to be used under and in the enforcement of the various provisions of this act.
- “Sec. 8. That all persons included in the prohibition in this act, upon arrival, shall be sent back to the nations to which they belong and from whence they came. The Secretary of the Treasury may designate the State board of charities of any State in which such board shall exist by law, or any commission in any State, or any person or persons in any State, whose duty it shall be to execute the provisions of this section and shall be entitled to reasonable compensation therefor, to be fixed by regulation prescribed by the Secretary of the Treasury. The Secretary of the Treasury shall prescribe regulations for the return of the aforesaid persons to the countries from whence they came, and shall furnish instructions to the board, commission, or persons charged with the execution of the provisions of this section as to the time of procedure in respect thereto, and may change such instructions from time to time. The expense of such return of the aforesaid persons not permitted to land shall be borne by the owners of the vessels in which they came. And any vessel refusing to pay such expenses shall not thereafter be permitted to land at or clear from any port of the United States; and such expenses shall be a lien on said vessel. That the necessary expense in the execution of this act for the present fiscal year shall be paid out of any money in the Treasury not otherwise appropriated.
- “Sec. 9. That all acts and part of acts inconsistent with this act are hereby repealed.
- “Sec. 10. That this act shall take effect at the expiration of thirty days after its passage.”
Approved, February 23, 1887.
examination.
Under the provisions of section 8 of said amendatory act, approved February 23, 1887, the collectors of customs at the ports of the United States shall, on the arrival of vessels from foreign countries, cause them to be examined by residents of the port [Page 473] who may be in the customs service, in order to ascertain what persons are alien immigrants on such vessels, and are forbidden to land within the provisions of sections 4 and 5 of the act approved February 26, 1885.
tabular statement.
The persons making this examination shall make out a tabular statement of the alien immigrants forbidden to land as being under contract to labor before arrival; shall specify in such statement as far as may be possible the following particulars in regard to each person: The country and town or city of birth; the sex, the age, and place of destination in this country; the name or names of the persons or firms by whom as aliens they were engaged to labor, and the State and place of business of persons so engaging such immigrants. This tabular statement (which is also to embrace the name of the vessel and master and date of her arrival) collectors of customs will forward weekly to the Treasury Department, retaining a duplicate thereof; and if no prohibited alien immigrants are found, collectors will return the tabular statements with the names of the vessels and the masters. Collectors of customs or the persons designated by them for this purpose will exercise the same fidelity of examination now required of them by section 9 of “the passenger act, 1882,” in the examination of passengers for other purposes.
return of prohibited immigrants.
Whenever alien contract immigrants forbidden to land are discovered on board a vessel, collectors will use their discretion and utmost vigilance to prevent the landing of such immigrants and to secure their return to the countries whence they came by the vessel of their arrival.
report of contract offenders and offending vessels and masters.
Upon ascertaining the names of the persons or firms instrumental in engaging or introducing into this country contract immigrants prohibited from landing as above described, collectors will report the names of such persons or firms to the United States attorney for the judicial district embracing their respective ports, and, so far as may be, will also report their places of business and residences; and they shall also report the names of the vessels bringing such contract immigrants and the names of their masters, suggesting the instituting of such prosecutions as may be required under sections 3 and 4 or other provisions of the original prohibitory statute. And especially if there be any refusal to return the contract immigrants herein mentioned, collectors will promptly institute the proceedings indicated in section 8 of the act of February 23, 1887.
Commissioners of immigration now acting as such at any port of the United States are requested to aid collectors of customs, and those persons designated by collectors for the service required by the foregoing statutes, so far as may be possible within the scope of their legitimate duties.
Acting Secretary.