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Full download The Problem of Immigration in a Slaveholding Republic. Policing Mobility in the Nineteenth-Century United States Kevin Kenny file pdf all chapter on 2024
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The Problem of Immigration in a Slaveholding
Republic
The Problem of Immigration in a
Slaveholding Republic
Policing Mobility in the Nineteenth-Century United
States
KEVIN KENNY
Oxford University Press is a department of the University of Oxford. It furthers the
University’s objective of excellence in research, scholarship, and education by publishing
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All rights reserved. No part of this publication may be reproduced, stored in a retrieval
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terms agreed with the appropriate reproduction rights organization. Inquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department,
Oxford University Press, at the address above.
You must not circulate this work in any other form and you must impose this same
condition on any acquirer.
ISBN 978–0–19–758008–0
eISBN 978–0–19–758010–3
DOI: 10.1093/oso/9780197580080.001.0001
To my teachers
Contents
Acknowledgments
Introduction
Chronology
Notes
Bibliography
Index
Acknowledgments
As the balance of power shifted from the local to the federal level
during the Civil War and Reconstruction, so too did authority over
immigration. Reconstruction had a double-edged impact on
immigration. On the one hand, the civil rights acts and the
Fourteenth Amendment equipped not just citizens but also
unnaturalized immigrants, including those ineligible for
naturalization, such as the Chinese, with federally protected rights.
On the other hand, the new national state that emerged after the
Civil War could regulate and exclude immigrants much more
effectively than any individual state. State laws were subject to
judicial review under the commerce clause and the Fourteenth
Amendment in ways that national laws were not.
In Henderson v. New York and Chy Lung v. Freeman, considered
simultaneously in 1875, the Supreme Court unanimously invalidated
state laws requiring bonds, taxes, or fees for passengers.
Transportation of passengers from Europe, Justice Samuel Miller
noted in Henderson, was an essential part of American trade and
required a uniform rule. That rule, he concluded, was provided by
the commerce clause. In Chy Lung, the Court invalidated a California
law directed at Chinese immigrants, which required bonds for “lewd
and debauched women” arriving in the state. Authority over
admissions belonged exclusively to Congress, Miller reiterated, based
on its “power to regulate commerce with foreign nations.” If it were
otherwise, a state could “embroil us in disastrous quarrels with other
nations.” In both cases, the Court conceded that states could
continue to police public health and safety internally—but not in
ways that infringed on domains where Congress held exclusive
power, including external commerce and foreign affairs. If Chy Lung
was a short-term victory by Chinese immigrants, it also signaled that
the federal government could control admissions if it chose to act.
Officials in the Northeast, alarmed that they would have to pay the
costs of sustaining paupers once state laws were invalidated,
pressured Congress to assume control of immigration. Politicians in
the American West, realizing that national laws would be more
effective and durable than their own, urged Congress to exclude the
Chinese. In March 1875, before Henderson and Chy Lung were
decided, Congress passed the Page Act, the first in a series of anti-
Chinese laws that heralded the emergence of national immigration
policy.15
Chinese immigrants faced severe and often violent discrimination
in the American West, but until the 1870s they also enjoyed some
fundamental protections. The Coolie Trade Prohibition Act of 1862,
which outlawed American involvement in the transportation of
Chinese contract workers to foreign destinations (with Cuba and
Peru in mind), correctly classified the Chinese laborers who came to
the United States as voluntary immigrants. It therefore had no
immediate effect on American immigration. The Burlingame-Seward
Treaty of 1868 recognized the right of Chinese workers to migrate to
the United States. The Fourteenth Amendment extended due
process and equal protection to foreigners who had not acquired
citizenship—including Chinese immigrants, who were barred from
naturalizing. Aware of their rights and supported by powerful
merchants, Chinese immigrants challenged laws that tried to exclude
them or discriminated against them after entry. Under the principle
of birthright citizenship, moreover, their American-born children were
automatically citizens of the United States. This definition of national
citizenship generated a racial backlash. A twisted reading of the
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hardly capable of dealing with more than 500 tons per annum. I
found complaints rife as to the alleged favouritism shown by the
company in its management of the transport, but I failed to discover
any specific facts justifying them. Of course the company enjoys a
complete monopoly of that road, even the Government, it seems,
having to apply to the company for carriers; and a monopoly is
always undesirable in theory and sometimes very irritating in
practice. (Apparently the same situation has come about in regard to
the Riga-Chikum road.) But it is difficult to see how any tin at all
could have been got down, or machinery and stores got up, to and
from the river if it had not been for the company’s enterprise and far-
seeing methods. Certainly the loudest of its local critics would have
been quite unable to have coped with the problem.
Something remains to be said of the Bauchi province. The
province consists of the Bauchi and Gombe Emirates, the Ningi
Division, an independent community half Muslim, half pagan, of
erstwhile noted freebooters and fighters, and the purely pagan
section, of which the Hill Division is the most important. The total
population is about half a million. In no part of Africa probably is
there such a conglomeration of different tribes—Angass, Sura,
Tangali, Chip, Waja, Kanna, Bukurus, etc., etc.—as is to be found in
the pagan division of Bauchi which, for centuries, has been the
refuge of communities fleeing from Hausa, Fulani and Beri-Beri
(Kanuri) pressure. No fewer than sixty-four distinct languages—not
dialects—are said to have been noted within it. The men are an
upstanding race, lithe rather than muscular, great archers and in
many cases daring horsemen, riding bare-backed, covering
immense distances in a phenomenally short space of time and
shooting accurately (with the bow) while mounted. Most of them go
about absolutely naked but for a sanitary adornment of special
character. For a picture of primitive man commend me to the
spectacle of a naked Bauchi pagan carrying a bow in his hand, on
his back a quiver of arrows; on his head, its horns sticking out on
either side, the gory and newly severed head of an ox—the “Boar of
the Ardennes” in variation and in an African setting of rugged
mountains and dying sun! I observed this sight one evening riding
into Naraguta from a distant mining camp, passing, ten minutes later,
a gorgeously attired Mohammedan Sariki in his many coloured robes
on a richly caparisoned horse. Northern Nigeria is a land of
extraordinary contrasts, which to some extent no doubt is the secret
of its fascination. The women’s clothing is also of the scantiest,
consisting of a bunch of broad green leaves fixed round the waist
and falling over the hips and lower abdomen. Their chastity is
proverbial even among the dissolute camp-followers.
VILLAGE HEAD-MEN.
VILLAGE HEAD-MEN.