In this chapter I propose not only to deal with the general laws for restricting destitute and undesirable immigration into some of the principal colonies, but also the particular laws for prohibiting the immigration of Chinese. Sir Charles Dilke, in a general summary of colonial policy on this matter, writes:—"Colonial labour seeks protection by legislative means, not only against the cheap labour of the dark-skinned or of the yellow man, but also against white paupers, and against the artificial supply of labour by State-aided white immigration. Most of the countries of the world, indeed, have laws against the admission of destitute aliens, and the United Kingdom is in practice almost the only exception."[31]

The main object of all the general laws passed upon the subject appears to be the same, namely, to prevent the colonies from becoming the "dumping-ground" of the destitute, lunatic, vicious, and criminal population of older countries, including in several instances the mother country as well. With regard to Chinese immigration, two objects are apparent: first, to protect the native population from foreign competition in the different branches of industry, the effect of which is materially to lower wages, and reduce the standard of comfort of the colonial artisan or labourer; and secondly, to guard against the political dangers which the presence of a numerous alien race occupying an inferior position could not fail to bring about.

To take the general laws first. The principal colonies which have passed statutes on the subject are Canada, Victoria, South Australia, Tasmania, and New Zealand. In New South Wales, Queensland, Western Australia, the Cape Colony, and Natal, there are no similar statutes; but these colonies have the power, in the case of a threatened influx of undesirable immigrants, of passing restraining Acts, which effectually meet the purpose for which they are required. I now give a summary of the principal general statutes actually passed, other than those which exist for the immigration of Chinese. They are given in more detail elsewhere.[32]

In Canada, the Immigration Act of 1886 enacts that the Governor-General may by proclamation prohibit the landing of destitute, pauper, or diseased immigrants; also of the criminal and vicious; and arrangements are made for the immediate return of the vessel and the prohibited immigrants to the port of Europe whence they came.

In Victoria, the owner of the ship is compelled to give a bond of £100 to the immigration officer for every passenger he may bring, being "either lunatic, idiotic, deaf, dumb, blind, or infirm, or likely in his opinion to become a charge upon the public, or upon any public or charitable institution." Penalties are enacted for refusing to execute the bond, which, it should be noted, is applicable to the master of any British or foreign navigable vessel; the only exemption being in favour of crews that are shipwrecked, or her Majesty's land and sea forces.

By the Immigration Act of South Australia, passed in 1872, paupers are practically forbidden to land. In Tasmania, the Passengers Act, 1885, enacts in the same way as Victoria, that a bond of £100 shall be given to the collector at the port of arrival, by the master of any ship (except one plying from one port in the colony to any other), who attempts to land any passenger in Tasmania, being "either lunatic, idiotic, deaf, dumb, blind, or infirm, or from any cause unable to support himself, or likely to become a charge upon the public." As in Victoria, the bond is applied to the maintenance of the said passenger, and penalties are enforced in the case of the refusal to execute it. Provisions are also made with regard to ships undergoing quarantine. In New Zealand, the "Imbecile Passengers Act" of 1882 is practically identical with that of Tasmania.

Such are the principal general Colonial Acts.

We now come to the vexed question of Chinese Immigration. It would be well to mention in passing that a particularly drastic Act was passed in British Columbia in 1884, which spoke of the "pestilential habits" of the Chinese, and stated that they "habitually desecrate graveyards by the removal of bodies therefrom." These expressions were termed "peculiarly offensive" by the Chinese Ambassador in London; but apparently his protest was of no avail, for in 1885 another and still more drastic Act was passed, which effectually prohibited all further Chinese immigration to British Columbia. It is, however, with Chinese immigration into Australasia that we are more immediately concerned.

For many years the immigration of Chinese into Australia was very large, causing great irritation throughout the colonies, more especially among the working-classes, who thus found the price of their labour undersold. Many attempts, more or less successful, were made for the purpose of restricting the undesirable influx. In 1887 Commissioners were dispatched by the Emperor of China to the Australasian colonies, for the purpose of inquiring into the condition of the Chinese residing therein. These Commissioners found that in each of the colonies they visited, a poll-tax of £10 was imposed upon Chinese subjects, from which the subjects of other powers were exempted, and also that various laws had been enacted by some of the Colonial Legislatures against the Chinese. Upon receiving this report, a complaint was forthwith lodged at the Foreign Office by the Chinese Minister accredited to the Court of St. James's, pointing out that these restrictions and laws were at variance with treaty obligations and international usage. Upon receipt of this protest, Lord Salisbury communicated with Lord Knutsford, with the result that a circular letter was dispatched from the Colonial Office to the Governors of all the Australasian colonies, enclosing a copy of the letter from the Chinese Minister, and requesting to be furnished with full information on the subject.

The receipt of this circular created quite a furore in Australia, where public opinion was already greatly excited on the subject. The replies received in answer to it were numerous and varied; but one dominant note sounded through all of them, namely, that at all hazards the Chinese must be restricted from emigrating to any part of Australasia.

The Despatch prepared by the Ministers of New South Wales, and telegraphed to the Colonial Office by Lord Carrington, who was then Governor, is of especial interest. It deserves to be quoted in extenso, since it sums up the whole case in favour of the colonies.

"Australian feeling is much exercised in reference to Chinese immigration and the inquiry made by the Marquis of Salisbury,"—so runs the Despatch.—"Your Excellency's advisers beg chiefly to explain that the law of the colony for some years past has imposed the restrictions of a poll-tax of £10 on each immigrant, and a limitation of one immigrant to every hundred tons of the ship's burden; but owing to recent occurrences, severer measures are now demanded throughout all the colonies. This state of things has given rise to new reflections in dealing with a difficulty which threatens to become a calamity. As these colonies form an important part of the Empire, it is submitted that our cause of contention is of sufficient national concern to be taken up by the Empire; if we have no voice in the making of treaties, it seems only just that our interests should be considered and exercised by those who exercise that power. We learn by public report that the United States Government have entered into a treaty with the Government of China, by which Chinese immigration into America is no longer permitted. We fail to see why Australia may not be similarly protected. On behalf of this colony we desire, through your Excellency, to impress upon her Majesty's Imperial advisers the more prominent phases of the Chinese question, as it specially and almost exclusively affects the Australian section of the British people. Firstly, the Australian ports are within easy sail of the ports of China; secondly, the climate, as well as certain branches of trade and industry in Australia, such as the cultivation of the soil for domestic purposes, and tin and gold mining, are peculiarly attractive to the Chinese; thirdly, the working-classes of the British people, in all the affinities of race, are directly opposed to their Chinese competitors; fourthly, there can be no sympathy, and in the future it is to be apprehended that there will be no peace, between the two races; fifthly, the enormous number of the Chinese population intensifies every consideration of this class of immigration in comparison with the immigration of any other nation; sixthly, the most prevailing determination in all the Australian communities is to preserve the British type in the population; seventhly, there can be no interchange of ideas of religion or citizenship, nor can there be any intermarriage or social communion, between the British and the Chinese. It is respectfully admitted that the examination of these principal phases of the question can only lead to one conclusion, namely, that the Chinese must be restricted from emigrating to any part of Australasia. It will be seen that while the question scarcely touches the people of the United Kingdom, it vitally concerns these great colonies, whose importance in their political and commercial relations entitles them to be protected by the diplomatic influence and the powers of treaty which belong to the Empire. With renewed expressions of our loyal attachment to her Majesty, we urge that immediate steps be taken to open such negotiations with the Emperor of China as will result in affording permanent security to the Australian colonies from the disturbance of Chinese immigration in any form; the matter is too grave and urgent to admit of long delay. However desirable it may be to avoid the irritation and conflict of interests which may arise from local legislation of a drastic character, if protection cannot be afforded as now sought, the Australian Parliaments must act from the force of public opinion in devising measures to defend the colonies from consequences which they cannot relax in their efforts to avert."

This representation on the part of New South Wales was followed by similar ones from all the Colonial Governments to whom the circular had been addressed. From Victoria came an intimation stating the statutes already in force, and the intention of the Victorian Government to carry out the law to its utmost letter.

From Queensland, the Government wrote to say that they were determined to restrict the influx of Chinese, because it had been proved by experience that they had become formidable competitors with European labour in almost every branch of industry; some branches, such as cabinet-making, having been practically monopolized by them in several of the Australian cities. And, as owing to their habits of life, the cost of subsistence was to the Chinese very much less than to Europeans living in accordance with European habits; and the effect of their unrestricted competition was undoubtedly to materially lower wages, and to reduce the standard of comfort to European artisans and labourers. There was also the insuperable objection that the Chinese could not be admitted to an equal share in the political and social institutions of the colony; and under the present colonial system every citizen is allowed to have a voice in the government of his country; and the presence, in considerable numbers, of an alien race occupying an inferior position could not fail before long to bring about very serious troubles, which would probably necessitate a radical change in political institutions, and entirely alter the future history and development of Australia.

Despatches were also received from New Zealand, Tasmania, Western Australia, and in fact all the Australasian colonies, stating that the greatest excitement prevailed upon this question, and that there was a general determination to prevent the continued immigration of Chinese.

The upshot of all this was that in June of the same year a conference of representatives of the Australian Governments of New South Wales, Victoria, South Australia, Queensland, Tasmania, and Western Australia, was held at Sydney, with the result that the poll-tax which had given so much offence to the Chinese Government was remitted, but a number of resolutions were passed which have since been embodied in the different Chinese Immigrant Acts and statutes, which amended all the previous Acts which had been passed on the subject. It is unnecessary to quote these Acts in detail, but their provisions may be briefly summarized, as limiting the number of Chinese to be brought to the colonies by vessel; increasing the penalties for violation of the law; and prohibiting alien Chinese from voting at elections of the local authority of the colony. Certain exceptions are made in the case of Chinese immigrants who are British subjects, of certain Chinese officials, and of the crews of vessels who do not land in the colony.

These Acts, which are now in force, have been found very effectual for the purpose for which they were required. The action of the Colonies in this matter did not meet with the approval of the Colonial Office; but since it was evident that the Colonies were determined to prevent Chinese immigration at all hazards, no further word of remonstrance was heard from Downing Street.

There is no doubt that the point affecting labour upon which colonial workmen felt most strongly, and upon which they are thoroughly agreed, is the desire to discourage emigration. Colonial labour seeks protection by legislative means, not only against Chinese, but also, as we have seen, against the artificial supply of labour by State-aided immigration, and other means. The colonial workmen are opposed not only to the reception of the destitute from abroad, but even to the assisted emigration of persons able to work. They argue that if assisted English emigration is encouraged, inferior workmen will come out to the colonies, and bring down wages to the European level.

The agitation against the Chinese in particular, however, is no new thing. So far back as 1854 the second Governor of Victoria reported to the Home Government that he thought the introduction of the Chinese into Australia undesirable. "Australia for the Australian" has for a long time been the prevailing cry; and to that may be added, "Canada for the Canadian." Colonial labour, whether in Canada or Australasia, desires to limit competition. The Chinaman is a most dangerous competitor. He is an excellent workman, but at a very low standard of comfort. The colonial artisan, on the other hand, has a much higher standard of comfort than the ordinary European labourer. His pay is high, and his hours are short. He is educated, and he is independent. He has plenty of leisure for amusement, and he regards all his privileges as rights, and he fully intends to keep them. We cannot blame him either; and it cannot be said that he takes a purely selfish view of the case, since in the Dockers' Strike the Australian workmen sent large sums to England where no return was possible.

After all, the Chinese are only a small population in our white colonies; but this is because of the difficulties which have been thrown in the way of their coming in. Were it not for this, they would be numerous indeed. The Blue-book of July 1888, as we have seen, shows how determined the Colonies are to forbid Chinese immigration at all hazards. Their action in this matter has been in many respects contrary to the letter of the law; but as Sir Henry Parkes, the Premier of New South Wales, said, when charged by the Assembly for having broken the law, "I care nothing about your cobweb of technical law; I am obeying a law far superior to any law which issued these permits, namely, the law for the preservation of society in New South Wales."

The Australian Intercolonial Conference had declared the Chinese to be "an alien race, incapable of assimilation in the body politic"; and acting upon these conclusions, Sir Henry Parkes declared—"Neither for her Majesty's ships of war, nor for her Majesty's representative on the spot, nor for her Majesty's Secretary of State for the Colonies, do we intend to turn aside from our purpose." Lord Knutsford telegraphed to know by what law New South Wales shut out the Chinese; and the reply which he received, in effect was, that both laws and treaties must give way to the strength of colonial feeling. After that, the Imperial Government did well to be silent, for to have enforced the law, or to have enforced the treaties, would have been to have risked an open rupture between the Colonies and the mother country. This anti-Chinese feeling is often spoken of as another phase of protection; but it is worthy of note that Sir Henry Parkes, whose vigorous utterances I have quoted above, is a free-trader.

Such in brief are the principal colonial laws on this subject, both in a general sense, and more particularly with regard to Chinese immigration. These laws are the legislative outcome of the almost passionate demands of the colonists. The significant fact is, that unlike the mother country, the Colonies cannot bring forward the plea of overpopulation, since in all of them there are vast tracts of territory still uninhabited, and in Australia only the fringe of the vast continent is at present populated. Yet in their own interests the Colonies have found it necessary to pass such stringent laws as those described. The moral is obvious. If young countries like our Colonies, which require a large working population, find it necessary to shut out the destitute, the unfit, and the undesirable—and are able to do so with the greatest possible success—surely the mother country, where there are already too many mouths to fill, may be expected to follow their example.