While the Federal Government was not unmindful of its inherent right to determine who might or might not come or remain within its borders, yet for a hundred years after the Revolutionary War ended, the country’s doors were open to all who chose to enter regardless of race, of physical, mental, or economic condition, of religious or political affiliation, or even of moral character.
An era of comparative tranquillity prevailed toward immigration until the 1840’s when a great flood of immigrants focused hostility against the Germans and Irish, a feeling which continued until the outbreak of the Civil War. A strong movement developed in Congress in favor of regulating or even limiting immigration. But nothing came of it. In a message to Congress in 1841, President Tyler gave expression to a sentiment that grew stronger with the passing of the years. He said:
We hold out to the people of other countries an invitation to come and settle among us as members of our rapidly growing family, and for the blessings we offer them we require of them to look upon our country as their country and unite with us in the great task of preserving our institutions and thereby perpetuating our liberties.
The open-door policy continued, for Congress was reluctant to abandon the time-honored belief that the United States had been dedicated at the beginning as a refuge for the oppressed people of all nations. Such legislation as was enacted during this period, including three laws for the improvement of conditions on immigrant-carrying ships, indicated the sympathetic attitude of Congress toward the incoming multitudes.
Congress again favored the foreign-born by providing that aliens who had declared an intention to become citizens might enjoy the benefits of the Homestead Act of 1862. This privilege was later on destined to accelerate the settlement of public lands in the West.
Because man power in industry and agriculture had been depleted during the War Between the States, a Federal law to stimulate immigration was enacted in 1864, but it was soon repealed when peace was restored.
Federal Control
In the absence of federal action, several seaboard States attempted immigration control but, after many years of effort, the Supreme Court held that Congress alone had such power. Congress assumed this power in 1882 when it reluctantly passed the first general immigration law which provided only that idiots, lunatics, persons likely to become a public charge, and criminals other than political offenders should be denied admission. This law marked the beginning of a policy of quality selection which dominated all subsequent legislation.
In 1882, because of Western opposition, Chinese laborers were excluded—a policy subsequently extended to include practically all Orientals. In 1884, a law forbidding the importation of foreign labor under contract was passed but necessary skilled laborers and members of learned professions were exempted. Thus was Washington’s opinion unwittingly honored.
While Congress was developing a more stringent selective policy, immigration increased by leaps and bounds with a shift in the incoming tide from Northern and Western to Southern and Eastern Europeans. Unable to function economically, socially, or politically in their home lands, a steady stream of immigrants was spreading over the United States in answer to the demand for unskilled labor. For more than thirty years, the words of Emma Lazarus, carved on the pedestal of the Statue of Liberty, had vital meaning: