Speech #610081465

I can not make up my mind that the measure under any consideration is unconstitutional. or that it in any way infringes upon any part of the Constitution. It is true that some parts of the pending bill are stringent and drastic. but we must remember that we are dealing with a question which requires :stringent and drastic methods To cope with it. The Constitution clearly gives to Congress not only the right but the power to pass and establish uniform naturalization laws. and this power being expressly delegated to Congress. it follows. as "night the day." that Congress has the power to prescribe the terms and conditions upon which an alien may not only enter the United States. but the terms and conditions upon which they may become citizens of our country. and in addition Congress has the power to prescribe the terms and conditions upon which an alien may be deported from the United States after having entered our shores for a violation of the laws of our Government. Section 3 of the bill under consideration is the section against which most of the argument thus far has been directed. This section makes it an offense to import an alien for the purpose of prostitution or for any other immoral purpose. and this section makes it a felony to directly or indirectly import into the United States any alien for the purpose of prostitution or for any other immoral purpose. or to hold or attempt to hold any alien for the purpose of prostitution. or to keep. support. or maintain an alien for the purpose of prostitution. By this section the person is declared to be guilty of a felony. and upon conviction shall be imprisoned not more than ten years and fined not more than $5.000. This section further provides for the deportation of an alien found in any house of ill fame or prostitution at any time after the alien shall have entered the United States. and it further provides that any person who procures or causes to be procured a ticket or other evidence of right or transportation whereby a -person is entitled to go from one State or Territory to another State or Territory for the purpose of engaging in prostitution or other immoral acts shall be deemed guilty of a felony. and upon conviction shall be imprisoned not more than ten years and fined not more than $5.000. Mr. Speaker. it will be observed that the first part of this section comes under that part of the Constitution giving to Congress the power to .pass uniform naturalization laws. and the last part of the section comes under that part of the Constitution giving to Congress the power to regulate commerce among the States. Here are two plain constitutional provisions upon which this section of the bill under consideration is bottomed. If Congress has the power to pass uniform naturalization laws. it has equal power to prescribe the terms and conditions upon which aliens may enter the United States. and it likewise has the power to deport aliens from the United States for a violation of our law. or in the absence of a treaty with that not only the conscience of this country. but of all Europe. became shocked at Its fearful work. and in 1904 a convention was held in Paris. where our country and the leading powers of Europe were convened. for the sole purpose of devising a plan for the suppression of this evil traffic. The agreement entered into at that time was adhered to by the United States in June. 1908. as shown by the proclamation of President Roosevelt. dated June 5. 1908. binding our Government to use its power to suppress this wicked and nefarious practice. This practice of importing women for a commercial purpose beggars human description. indeed. it is beyond the intelligence of the average person to believe that men or women are so far forgetful of the moral and divine law as to engage in it. yet the hearings before the committee which reported this bill. together with the reports of the Commissioners of Immigration. show beyond doubt that this practice has been going on in this country for a great many years. It is hard to get at correct data upon this subject. The report of the Commissioner of Immigration says: Although of course only a small percentage of those arriving in this country are discovered and debarred at the port of entry or afterwards apprehended and deported. His reports. however. show thatDuring the past five fiscal years. 1904 to 1908. 205 alien women were prevented from entering the United States on the ground that they were prostitutes. 9 of these women were debarred in 1904. 24 in 1905. 30 in 1906. 18 in 1907. and 124 in 1908. He further shows that during the same five yearsFortynine persons were debarred because of their connections with the business of importing women for immoral purposes. Three were debarred in 1904. 4 in 1905. 2 in 1906. 1 in 1907. and 43 in 1908. He further shows that from January 1 to July 1. 1909. the following arrests and deportations occurred: Arrests. Deportations. January ------.---------------- ............--------------- 73 32 February --------------------------------------------- 73 32 March ---------------------------------------------------- 75 33 April ------------------------------------------------------ 80 33 May ------------------------------------------------------ 133 41 June ....................................................... 103 103 other powers Congress has the undoubted power to exclude . In one instance in Chicago the proof showed that one man aliens from entering our shores. This section does not seek in one year made upward of $102.000 by importing white women to regulate the morals of the State. but leaves this question to into this country and selling them into slavery for the purpose the States themselves. The offense. as defined in this part of of prostitution. This. no doubt. is only one instance in the the section. consists in importing an alien for the purpose of many hundreds of others which have escaped the attention of prostitution. or holding an alien for the purpose of prostitution. the Commissioner of Immigration or the vigilance of the police or keeping or harboring an alien in a house of ill fame for force of our large cities. the purpose of prostitution. This part of the section does not Mr. Speaker. it will be observed that this business does not make it an offense to keep a house of ill fame. because it in no consist of a few isolated cases here and there. but it consists of way undertakes to define what it shall take to constitute a a wellorganized and preconcerted plan to import women into house of ill fame or a house of prostitution. The framers of this country for this purpose. and as the States have now no the bill have clearly left this question to be solved by the power to pass any law contravening the terms of the ConstituStates. tion touching the question of naturalization. nor have they any The offense defined In the latter part of the section consists power to regulate commerce. both of these powers being given in transporting any person from State to State for the purpose by the Constitution exclusively to Congress. and if by using of prostitution. and in neither of these propositions have the these plain constitutional provisions the Government can wipe rights of the States been in the least invaded. A perfect har- out this wicked and awful practice. or if it can aid the States mony is maintained by the provisions of this section. giving in putting out this lnimoral fire that is now burning the very the Government the right to execute its constitutional power vitals out of society. it is our duty as a lawmaking. body to and reserving to the States the right to execute the power re- give to the people in the way of a law a statute strong and served unto the States by the Constitution. Still. if I enter- powerful enough to enable the Government to deport persons tained any doubt about the constitutionality of the pending who. by fraud or otherwise. enter the ports of the United States bill.