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D-, E Much supervision needed; border
line intelligence; doubtful whether value of labor equals cost of supervision.
81, 108, 161
13, 920, 692
The computations and compilations of columns 6 to 12 are estimates based upon the most accurate and extensive studies yet made in the measurement of national intelligence.
Column 8, as an estimate only, distributes the 81,108,161 total white population (men, women, and children) of the United States (census 1920) according to the distribution of
Column 11, similarly, as an estimate of their intelligence, distributes the 13,920,692 foreign-born population of the United States (census 1920) according to the distribution of the sample of 12,407 tested foreign-born men recorded in column 6.
Column 12 shows the relative frequency of the total white and the foreign-born drafts (column 9-column 6) in each of the 7 intelligence grades.
Black rule suggests line of demarcation in natural intelligence standards for immigrants. This, as a minimum standard, should apply to both the individual and to his or her family stock,
For the statesmen, upon whom devolves the duty of making immigration laws, these three charts supply a great deal of valuable information. They show where, among the applicants for immigration, it is necessary to be especially vigilant in looking for the particular type of inadequacy known as low intelligence. Of course, the immigration filter or screen applies equally to all nations within the quota, and should be equally effective, but greater strain upon the screen will be found in some regions than in others. More frequent repair and greater strength are more necessary in some places than in others, in order to keep, the sieve working uniformly and impartially in reference to all peoples.
THE BASIC PRINCIPLES OF INTERNATIONAL LAW IN RELATION
HUMAN MIGRATION AND NATURALIZATION
Doctor LAUGHLIN. Generally, international law is developing on the principle of “live and let live." Each nation is accorded its right to develop its own race and culture as it pleases, so long as such development does not constitute a menace to fellow nations, and so long as the particular nation offers fair commercial and cultural contacts with the world.
Specifically, the rules governing the rights and duties of sovereign nations in the control of international migration and naturalization were built up by practices which, in time, became generally recognized custom, to be modified only by specific treaties between nations, which treaties affect only the contracting countries.
International law must advance in accordance with national needs and the best generally prevailing practice. The United States is particularly concerned with human migration, and therefore logically could join with other interested nations in codifying a definite set of just and equitable basic principles for general acceptance as the fundamental rules of international law on this subject. The rules governing a given type of relationship among nations are most properly determined by international conference, by reference to the legal authorities and by an examination of statutes and treaties. Also the needs of a given international situation may be indicated by field research into the actual practices, differential national conditions and desires, and the fundamental justice of the case.
In the present series of studies the investigator constantly came in contact with international law. These contacts led to researches which have resulted in the compilation of a tentative code of basic principles which, it is respectfully suggested, all nations which have at heart the equitability of interests of both the emigrant-exporting and the emigrant-receiving countries might well support.
Of course international law generally is not written in statutory form, but in case of an international congress, such as the forthcoming Rome conference, in which many nations will participate, it is often customary to present principles and resolutions which, if they do not become incorporated into a definite international convention, at least influence greatly the trend of the development of international law. From the American point of view, certainly any international convention or set of resolutions on migration should be worked out equitably by the principal emigrant-exporting and the principal immigrant-importing nations, and
should consider fully the biological
or racial, as well as the economic and asylum aspects of the problem.
The tendency is for the emigrant-exporting nations to assume that international migration is primarily a matter of exporting labor, almost as a commodity. Their interests are consequently concerned largely, with transportation, sanitation, wages, personal protection, and other practical and necessary features of the international movement of labor. Their tendency is to neglect the factor of racial invasion from the viewpoint of the immigrant-receiving country.
Mr. Box. How would the gentleman state these principles ? Doctor LAUGHLIN. In this manner, sir: (reading)
INTERNATIONAL LAW FOR THE CONTROL OF HUMAN MIGRATION AND
ARTICLE The following basic rules for the control of human migration and naturalization shall prevail among nations, except in special cases in which specific treaties or agreements modify them between the particular contractng nations:
Rule 1. The following definitions shall apply in this article:
First. A "nation" (civitas) is a sovereign state, or other country of national character, which legally controls its own processes of emigration, immigration, expatriation, and naturalization, except as such processes are limited by international law.
Second. A "national” (persona domestica) is a person, whether a citizen or subject, who belongs to a given nation; provided that the relationship of nationality shall include all unexpatriated persons born within the territories of the particular nation.
Third. An "alien” (persona aliena) is a national of some nation other than the one from which reference is made.
Fourth. A "legal migrant" (peregrinator legitimus) is a person who, according to international law, moves legally from the territories of one nation into the territories of another.
Rule 2. A legal migrant (peregrinator legitimus) is classed as:
(a) A diplomatist (legatus publicus), who is a person on an official and duly. accredited diplomatic, consular, or other governmental mission; or (6) An international visitor (salutator inter gentes), who is a national of one nation temporarily in the territory of a host nation, and who is (1) on continuous journey through the host territory, (2) a seaman in port or on shore leave, or a landman or airman engaged in international transportation, (3) a traveler or sojourner for business or pleasure, or (4) a governmental official, a teacher, student, physician, lawyer, minister, historian, man of letters, scientist, artist, engineer, superior craftsman, or other person making cultural contacts; or (c) A migrant laborer (opararius migrans), who is a person who moves temporarily from the territories of his or her home nation into the territories of a host nation for the primary purpose of earning pay as an unskilled or skilled laborer, or in professional employment, and who intends periodically or finally to export his or her earnings from the host nation or ultimately and permanently to leave the territories of the host nation; or (d) A migrant proper (emigrans verus), who is a person who leaves the territories of his or her home nation and who enters the territories of a host nation with the intention of remaining permanently and of becoming a loyal citizen of and of fusing into the racial and social life of the particular host nation.
Rule 3. Each subclass of legal migrants herein listed shall be governed by the body of law and custom appurtenant to itself, provided that all persons included within such subclasses who are on mission; sojourning, laboring, or residing within the territorial confines of a host nation shall obey the laws of the latter, and shall give particular regard to the latter's statutes for regulating the conduct of aliens; provided that all legal migrants shall be entitled to the full protection and privileges offered in general by international law to the particular subclass to which the individual belongs, and in especial by treaties and agreements between the particular host and home nations; provided that a member of the immediate household of a diplomatist or of an international visitor shall enjoy the same protection and privileges of travel and residence which are accorded to his or her chief.
Rule 4. Each nation has the right to determine the emigration privilege of its own nationals, but may not force their exile or banishment.
Rule. 5. Each nation has the right to determine the conditions under which aliens may immigrate into, or otherwise enter its territories, and each nation has the right to expel or to deport aliens from its territories; provided that no nation may restrain or prevent the departure of an alien from its territories, except for crime.
Rule 6. No nation may disclaim international responsibility for its nationals, nor may refuse asylum to its returning nationals; and upon the demand of the particular host nation, the particular home nation must receive within its territorial borders its own nationals who are expelled or deported by the particular host nation.
Rule 7. Naturalization is a matter of agreement between the particular host nation and the individual alien who is physically resident within the territories of the particular naturalizing host nation. Expatriation is a matter of renunciation and successful physical abandonment of the home nation by the expatriate; provided that expatriation and naturalization shall in each case be simultaneous processes.
Rule 8. Exiling, banishing, or encouraging the emigration of inadequate or otherwise undesirable nationals of one nation into the territories of another shall be considered by the receiving nation as an unfriendly act on the part of the sending nation.
Rule 9. Neither nationality nor permanency of residence shall enter into the matter of international extraditability for crimes committed within the territories of the requisitioning nation; provided that only crimes of a nonpolitical nature and those involving criminalistic behavior shall be extraditable.
DEPORTATION OF ALIENS WHO BECOME PUBLIC CHARGES Doctor LAUGHLIN. The present actual situation is that practically all of the territory of the world is claimed and fully occupied, so that no nation has a right to exile or to dump its undesirable human stock into the territories of another. Each nation (and indeed each lesser civil and social organization from the province and village to the family itself) should, in accordance with the principles of live and let live,” be held responsible for the production and care of its own undesirable and inadequate human stock. Institutionalization is the immediate palliative, but national eugenics is the cure for human degeneracy. A general international acknowledgment of the principle which forbids dumping would greatly strengthen the principle of placing responsibility for defectives. These acknowledgments would constitute a great factor in making for amity between nations which have an extensive interchange of human migrants.
Deportation of aliens who become public charges is slowly getting to be the international practice, and it is being worked out also for the inter-state practice. Under the international practice the country that produces the defective must be responsible for him, unless some other country naturalizes him. Looking at the question from both the economic and the biological standpoints, aliens who become public charges are costing New York State a great many millions of dollars every year for their maintenance in its custodial institutions, and their offspring and kin will cost much more in the future. It is especially costing the great cities, and the States that have great cities in them, many dollars each year for institutional maintenance, which costs should by right be borne by the State and community which produce the particular defective. In actual practice we do not pay much attention to the matter of original responsibility. A man may be born in some eastern State; he may go to some western State and reside there for a short time, perhaps for less than a year, and get committed to a public institution. The burden of his maintenance will thus be put upon a State which did not produce him, to which he in his prime rendered no services and in which he has lived normally but a short time.
Mr. VAILE. Thousands of people from all sections come to Colorado, for instance, to be cured of tuberculosis.
Doctor LAUGHLIN. That principle of responsibility for the maintenance of dependent, defective, and delinquent classes should hold true not only as between States but, as I have said, between nations.
Mr. DICKSTEIN. They go out there in order to save their lives.
Mr. DICKSTEIN. Of course, that is an unfortunate situation. If New York were a place where tuberculosis could be cured they would come to New York, of course.
Mr. VAILE. There are a lot of New York people who have come to my State and settled there.
Mr. DICKSTEIN. And we have sent millions of dollars out there to support those poor unfortunates.
Mr. VAILE. Yes; they have sent large sums of money there for the support of one of the most splendid institutions in the State, the National Jewish Home for Consumptives.
Mr. WHITE. That condition is not confined to any particular State. That is true of my State and of every other State to which my attention has been called.
Doctor LAUGHLIN. The general acceptance of a set of basic principles for placing responsibility for the maintenance of and reproduction by social inadequates would serve not only a valuable international purpose but also would outline the rules for interstate and intercommunity adjustments, and, what is most important, would work an advance in the practical application of national eugenics or race conservation.
The CHAIRMAN. Deportation is one of the subjects which Doctor Laughlin is investigating for the committee and which will, we trust, constitute the title
of a later report. Doctor LAUGHLIN. We have in this particular research accumulated a great deal of material, and will analyze it as rapidly as time and opportunity permit.
THE DIVISION OF MIGRATION OF THE INTERNATIONAL LABOR BUREAU
OF THE LEAGUE OF NATIONS AT GENEVA
Mr. Box. I have read a number of statements in the press about the activities of the League of Nations at Geneva, that body having taken the position that migrating populations were international populations, and should, therefore, be controlled by international arrangements. In developing the views you are presenting, if you could give us some information in regard to that I should be glad to have it.
Doctor LAUGHLIN. I visited the League of Nations and the International Labor Bureau, which is in charge of M. Albert Thomas, who was the French Minister of Munitions during the war, and the Division of Migration, which is a subdivision of the International Labor Bureau. This division of migration is in charge of Mr. Louis Varlez. In receiving me as a representative of the United States Department of Labor, they were most courteous, and one