The record-union., 1891-09-26
BONDED IMMIGRANTS.
Correspondence on an Important
Subject.
Senator Chandler Points Out How the
immigration Law is Being Vio-
Iated-Congress Alone Can Author
tze Admission on Bonds.


United States Senator William E. Chan
dler of New Hampshire, Chairman Of the
Senate Committee on Immigration, and
Secretary Foster, will be found of deep
interest;
CONCORD, N. H., August 6, 1891.
Hon. Charles Foster, Secretary Of me
1reaSaTy-SIR: congratulate you and
the other officials of the Treasury De
partment upon the excellent work that is
being done in the enforcement Of the I'M
migration laws under circumstances OF
some difficulty and embarrassment
A very troublesome question seems to
arise in practice, particularly IN connec-
ftion with the expatriated Jews, whose
= migration to America is encouraged ana
assisted by the Hebrew societies and men
of wealth and benevolence; and that IS
whether the Treasury Department may
properly admit immigrants who are
dearly likely to become pauperS, or
whose cases are doubtful, upon the exc
gution and delivery to the department OF
bonds guaranteeing that such Immigrants
shall not become public charge W1thln
specified period of time.
After some reflection on this point, L
am compelled to reach the conclusion
that the custom of taking such bonds
should not be allowed to grow up with
out express statutory authority therefor.
I sympathize with the expelled Jews,
but not sufficiently to be willing to allow
any Of them to come to this country who
are by law excluded, on any guarantee
that they will not become paupers. We
have as yet made no laws excluding i'm
migrants Of good character, able to sup
port themselves; and we are not likely to
adopt such laws; and with our present
statutes, which are not harsh or illiberal,
aS the only protectectiOn against the great
sSyarms of immigrants who are seeking
our shores to make homes in America,
dur alarmed people expect strict inter
pretatiOn of the laws and their rigid en-
forcement; and it is not such an interpre-
tation and enforcement to allow persons
who seem likely TO become paupers to
come in, simply because societies or
J6her persons, not their relatives, for
some reason, are willing to guarantee
that for a limited period they shall not
become paupers.
The new law of March 3, 1891, carefully
md expressly mentions assisted imml-
grants. If such approach, 1t must be
atiirmaively and positively shown that
ldley are not likely to become a public
charge. II it is so shown, they may come
Ii. Fl it is not so shown, they cannot
lawfully come in, even if the guarantees Of
nlilli0naires are offered that they shall not
IN fact become paupers within certain
time. In contemplation OF law, we do
not want and viii not receive persons
whose character or personal cIrcum-
stances are such that they would most
probably become paupers. 1t does not
remove their inadmissibility when the
bonds of strangers are given that for a
certain period the pauperism shall not
actually happen. II the department de-
cides that the immigrants ought not to
come in under the law, and then lets
them in under bonds, it changes and Tio-
ilates the law instead of obeying it. 1t
says these Immigrants are likely left to
their own resources, to become pauperS;
nevertheless. they may come in, and
when they do become paupers, their
'bondsmen shall be hunted up and sued
and compelled TO pay the cost of taking
care of them. The department cannot
properly say this, nor act accordingly.
OF course, theIie may be doubtful cases
where persons may be coming to join
their families, or coming as members OF
families. in which the doubt may jndi-
ciously be solved by taking bonds against
the liability to pauperism. But such
cases must be exceptional, and only such
as tend to prove the rule OF exclusion to
be the correct Que, which should be
almost universally applied. that persons
of such habits, characteristics and cir
cumStances as in the Judgment of the in
Spection officers from whom there is an
appeal to the superintendent of 1mmi-
grafton and to the Secretary make il
more probable than otherwise that they
win become public charges, shall not be
allowed to land, no matter who may offer
10 give bonds against the anticipated pau
Derism.
Possibly it might be wise to allow the
Hebrew societies or wealthy philanthrO-
Dists to bring in poor Immigrants upon
giving bonds, or TO allow doubtful cases
20 be determined in favor Of the immi-
grants upon the receipt of such bonds
but Congress alone can create such 9
system. The Treasury Department should
not undertake to establish it.
fan% T. glnc
feelings toward the poverty-stricker
Jews, who are being SO cruelty driven
Xrom the homes Of lifetime by mis-
taken Russian rational policy, / am
obliged TO say that / do not believe the
existing laws allow themto come to this
country, no matter who assists them, oI
IS willing To give bonds that seeming
Daupers shall not actually become such
Respectfully yours,
VIEWS oFtTHE TREASURE DEPARTMENT
TREASURY DEPARTMENT,
WASHINGTON, AHg. 13, 1891.
- -Oeo1. SenGtoT Chandler: Your commu
7lioation OF the 9Th instant, in regard tc
5nnqigration matters, comes in the alb.
feence Of Secretary Foster, and l will no
20 much further than to acknowledge it
receipt.
The question which you raise respect
,jng the expediency of permitting tbs
,bonding system TO grow up. has not bJ
any means escaped the consideration o
the department 1t is very grave mat
Ter, and / fully sympathize with your
impression that the practice may very
easily be oyerdone.
Thus far we have tried to make thu
bonding system not a system at all, but
simply a series of exceptions. That is
we have endeavored 10 coutine the bond
ing privilege to such exceptional cases a:
seem TO fall outside the line of person!
likely to become public charge because
of any inherent inability on their part Z
earn q living and become thrifty.
For example: When the father of
eamily has come to America and liveC
several months. finding steady employ
gnent and showing his ability and dispo
sition to save money, ii has been deemed
wise. upon the arrival of his family, t
take this fact into consideration, ever
7houoh members of the family may havt
been assisted 70 come hither.
Ofcourse no two cases are just alike
snd all possible varieties and combina
dious of condition arise in the course o
administering the law.
This bonding matter, however, IS un
der very careful consideration, and ther
IL no disposition TO let it run away wit
as.
equally welcome. Very truly yours,
a. i. NETTLEToS,
Acting Secretary.
P. S.-The legal warrant for accepting
a. hf,7ad in any case IS found In two sue
ressiyc opinions from the Department c
Justice. one given by Attorney-Genera
Garland. Noveip Der g, 1886, and the othe
by Attorney-Geperal Miller, April
1881. "a. -, ~ \;