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country. Such a thing has not been thought of. Immigration from here is not of very frequent occurrence, and the immigrants do not belong to the agricultural class of the population. There is no law here against immigration. There is only a surveillance over the immigration agents, who have to be recommended by a commercial house of high standing in Hamburg and Bremen, and who give bonds before they are permitted to engage in that business. The Leipsic Consul adds, that in one of his epistolary communications to the State Department at Washington, he said: "Beware of the German immigrants; their intention is, to form a new (State of) Germany, which unquestionably may prove most detri mental to the American Union, especially in a political point of view." Dr. Flugel has also forwarded the following communications to Mayor Wood, which he received, in reply to his inquiry, from the National Society of German Immigration in Leipsic. It will be seen that a frank admission is made respecting the character of many of the immigrants to this country, which fully endorses the opinions expressed both by Senator Cooper and Mayor Wood, and not only justifies but demands the most stringent remedy..

Leipsic, June 4, 1855.

It cannot be denied that for some time the governments of some States, and also the authorities of several communities, have deemed it convenient to free themselves from their paupers by shipping them to the United States. It is also notorious that criminals, after having suffered punishment, have in the same manner been transported to the United States, with the view to free the community of them forever. In consequence of this, a system of economy was adopted productive of unavoidable evils, as they (the immigrants) were supplied merely with money sufficient for the payment of their passages, and hence, on their arrival at distant ports, being destitute of all means of support, they were compelled immediately to apply for aid, and were, therefore, regarded as very unwelcome visitors. These practices are certainly as inhuman as they are imprudent, but the government of Saxony has not at any time had recourse to this system of economy.

We have been thoroughly acquainted with the immigration affairs of Germany for the last eight years, during which time not a single case which could implicate the Kingdom of Saxony in such action has ever come within our knowledge. On the contrary, it is a subject of regret to us that, with very few exceptions, the greater part of those who immigrate from Saxony are composed chiefly of the wealthier class of our people and our best mechanics. We, therefore, instead of gaining, are put to a loss of millions of dollars, and of the best portion of our honest and most valuable citizens.

As it appears the German immigration to the United States is becoming too powerful and troublesome, you may assure the American authorities that a speedy change in this respect is unavoidable. The decrease of immigration in general, and to North America in particular, during the last year, has become so apparent that we are warranted in. asserting that the immigration of this year will not be half so numerous as that of.last year. The seaports present quite a desolate appearance at the usual time of immigration, but the accounts which we receive from all the interior parts of Germany, of the great change in immigration, is still more remarkable. Hundreds of thousands who intended, to immigrate have entirely abandoned the notion. Most respectfully, The Directors of the National Society of German Immigration.

A. SHULTZE

Leipsic, June 9, 1855.

I beg leave to add a few remarks to the subject of our verbal conversation. It cannot be denied that European governments and principalities have been in the practice of freeing themselves from their paupers, and even of their more or less guilty criminals, by sending them to America and paying the cost of their voyage to the seaports and the passage from there to America, without making provision for the wants of this unhappy class of people to enable them to commence an honest trade.

Without any means of support, they become a burden to the authorities abroad, and it is to be wondered at that measures have not, ere this, been taken to put a stop to this practice.

But I am happy to state that our fatherland, Saxony, is free from such an imputation. The immigrants from here were all powerful, wealthy, and industrious people, supplied with means, yes, even wealth, such as I could only see come here with a feeling of sadness, and such as America will receive with open arms.

For myself, I have never taken part in the above-mentioned affairs, and would not give my sanction.

Accept the assurance of my highest esteem, from yours,

GEORGE SCHREIDER, General Agent for the German Immigration.

On the 14th of February, 1855, Mayor Wood addressed the following letter to the Belgian Consul at New York, in relation to the Belgian paupers referred to by Senator Cooper in his speech in the U. S. Senate, and also a communication on the same subject to the Commissioners of Immigration:

Mayor's Office, New York, Feb. 14.

SIR-After mature deliberation and an examination of the testimony taken before Justice Bogart, together with additional information from the American Consul at Antwerp, just received, I am reluctantly forced to the conclusion that the persons now in the city prison, who came as immigrant passengers by the ship Rochambeau, from Antwerp, are not of a character to be permitted to go at large in this city or in this country; and while we cannot set them at libery, we cannot longer retain them in custody. Some measures must be adopted at once to relieve the city from the expense of providing for them, and at the same time to secure us from the danger of their presence abroad in the country. Therefore, as it is beyond question, from the evidence before me, and which is open to your examination, that they were embarked at Antwerp by the order and at the expense of the Belgian local authorities, I suggest that they be returned to their own country at the cost of the Belgian government, whose agent you are in this city. I see no other resource. Humanity and justice require that they should no longer be retained in prison in this city, where they have committed no offence; and self-preservation requires that we shall prevent them being set at liberty, with the belief that their presence would be dangerous to our property. From your high character in this city, knowledge and appreciation of our institutions, I am confident you will comprehend the necessity which forces me to take this position, and promptly to respond to the request that these people be re-embarked for Antwerp without delay. I am, with great respect, your obedient servant,

FERNANDO WOOD, Mayor.

P. S.-The ship Henry Read, which arrived at this port from Antwerp on the 10th inst., had on board six or eight of the same class of immigrants, sent by the Belgian

authorities, under th same circumstances as those now referred to, per Rochambeau; but my information of the fact, which is not official, did not reach me until the 13th inst., when too late to take action, and they are now in our midst, to add to the crime and destitution which are surrounding me on all sides.

The Commissioners of Immigration thereupon adopted the following preamble and resolution :

Whereas, Lately, more ships bringing immigrant paupers, or other mproper persons, to this city, have arrived from Antwerp than any other port, therefore,

Resolved, That Henry W. T. Mali, the Belgian Consul at this port, be requested to inform his government-1. Of the above fact. 2. That there are persons, known to this Commission, doing business at Antwerp, who are especially instrumental in forwarding all persons dangerous and injurious to society. 3. That the Commissioners will hereafter investigate, especially, all passengers arriving in ships coming from Antwerp.

On the 28th of March, 1855, Mr. Redfield, Collector of the Port of New York, forwarded the following to Mayor Wood, which he received. from the United States Consul, at Zurich, Switzerland. It speaks for itself:

U. S. Consulate, Zurich, Switzerland, March 3d, 1855. DEAR SIR-I have just been informed that the Commune of Niederwyl (Zofingen), in the Canton of Argovia, in Switzerland, have been forwarding 320 of their poorest people to the United States. They left a few days since for Havre, with the intention of sailing for New York.

Enclosed is an extract from a paper which is published in the same Canton, and which fully endorses it. It says:

"A few days since the Commune of Niederwyl, District Zofingen in the Canton of Argovia, sent 320 of their poorest people to the United States, in spite of all admonition."

I wrote to our Consul at Havre, giving him the information, and requesting him to ascertain the name or names of the vessels in which they were to sail,-or had sailed,and to give you the information, so that you, or the city officials, could be on the lookout, and judge for yourselves.

I am told that in a short time another large company is to follow from a neighboring district, and that all are provided with legal passports. I shall feel it my duty, whenever any thing of this kind comes to my notice, to give either the Collector, or the Mayor of the city information of it.

Very respectfully, your obedient servant,

G. H. GOUNDIE.

In addition to the multitude of facts already adduced, showing the extent of the immigration of foreign convicts and paupers, the following letter from the State Department at Washington, recently published in the New Orleans papers, shows the means resorted to by those engaged in transporting them hither to avoid detection:

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Department of State, Washington, Sept. 3d, 1855. SIR-I have the honor to transmit to you for your information the following extract

from a despatch dated August 4, ult., received at this Department from Mr. A. D. Gall, United States Consul at Bremen:

"The circulars issued by the immigration agents in the interior of Germany caution immigrants who are deformed, crippled, or maimed, &c., against taking passage to New York, and advise them to go by way of Baltimore, New Orleans, or Quebec, where the laws prohibiting the landing of immigrants of the above classes do not apply." I am, sir, with high respect, your obedient servant,

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How far Congress has the power, under the ninth section of the first article of the United States Constitution, to regulate, restrain, or prohibit the immigration of foreigners, or whether it has any power over the subject, is not very well settled. That section provides that "the migration or importation of such persons as any of the States, now existing, shall think proper to admit, shall not be prohibited by Congress prior to the year 1808, but a tax may be imposed on such importation not exceeding ten dollars for each person:" and it was undoubtedly understood by its framers to apply altogether to slaves. See Elliott's Debates, vol. v. 457 to '77. And it was so construed in The Federalist, the forty-second number of which, written by Mr. Madison, than whom no one better understood its object and intention, contains the following in relation to it:

"It were doubtless to be wished that the power of prohibiting the importation of slaves had not been postponed until the year 1808, or rather that it had not been suffered to have immediate operation. But it is not difficult to account either for this restriction on the General Government, or for the manner in which the whole clause is expressed. It ought to be considered as a great point gained in favor of humanity, that a period of twenty years may terminate forever, within these States, a traffic which has so long and so loudly upbraided the barbarism of modern policy." "Attempts have been made to pervert this clause into an objection against the Constitution, by representing it on one side as a criminal toleration of an illicit practice, and on another as calculated to prevent voluntary and beneficial immigration from Europe to America I mention these misconstructions not with a view to give them an answer-for they deserve none-but as specimens of the manner and spirit in which some have thought fit to conduct their opposition to the proposed government.”

The language used in the Constitution is, however, such as may well justify the question, whether it cannot clearly and fairly be applied to the importation of foreign convicts and paupers, and there are many who contend that it applies to all immigrants, conferring upon Congress the power to prohibit the admission of all "such persons," and necessarily including the power to admit them on such conditions as it may think proper to impose, which would, of course, carry with it the right of taxing them. It was certainly deemed broad enough at the time of the adoption of the Constitution, notwithstanding the cavalier manner in which Mr. Madison dismissed the objections urged against it, to cover immigrants generally, (See Madison State Papers, vol. iii., p. 1429,) while some supposed it might cover convicts. See Madison State Papers, vol. iii., p. 1430. Luther Martin, in his celebrated letter to the Maryland Legislature, explanatory of the course pursued by him in the Convention which framed the Constitution, alludes to this provision as follows:

"The design of this clause is to prevent the General Government from prohibiting the importation of slaves; but the same reasons which caused them to strike out the word 'national,' and not admit the word 'stamps,' influenced them here to guard against the word 'slaves.' They anxiously sought to avoid the admission of expressions which might be odious in the ears of Americans, although they were willing to admit into their system those things which the expressions signified; and hence it is that the clause is so worded as really to authorize the General Government to impose a duty of ten dollars on every foreigner who comes into a State to become a citizen, whether he comes absolutely free, or qualified so as a servant; although this is contrary to the design of the framers, and the duty was only meant to extend to the importation of slaves." See Elliott's Debates, vol. i., p. 372.

James Wilson, who was himself a leading and influential member of the Convention which framed the Constitution, and also the prominent champion of it in the Pennsylvania Convention, which was convened to ratify or reject it, referred in a speech, in the last named body, in reply to some of the objections urged by Mr. Findley to the adoption of the Constitution, to this particular provision of it, as follows:

"The gentleman says that it is unfortunate in another point of view; it means to prohibit the introduction of white people from Europe, as this tax may deter them from coming amongst us. A little impartiality and attention will discover the care that the Convention took in selecting their language. The words are the migration or importation of such persons, &c., shall not be prohibited by Congress prior to the year 1808, but a tax or duty may be imposed on such importation.' It is observable here that the term migration is dropped, when a tax or duty is mentioned, so that Congress have power to impose the tax only on those imported." See Elliott's Debates, vol. ii., p. 453.

In the North Carolina Convention, Mr. Galloway made a similar objection to that urged by Mr. Findley, in the Pennsylvania Convention. He did "not wish to see the tax on the importation extended to all per

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