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A. Bashford and C. Gilchrist , ‘The Colonial History of the 1905 Aliens Act’

Bashford and Gilchrist’s article, ‘The Colonial History of the 1905 Aliens Act’, is a well convincing article that fits into the course theme of government responses. Using large amounts of primary evidence, from legislation, it articulates the point that Britain during the nineteenth century was lagging behind in terms of immigrant restrictions. In comparison to the colonies and further afield such as America, Britain was more liberal with its restrictions. The authors, from this, go onto argue that the Aliens Act of 1905 was modelled off the restrictions of other countries not copied. To do this, Bashford and Gilchrist track the progress of the Aliens Act from the late nineteenth century and the massing agitation to the Royal Commission and finally to the passing of the act in 1905. The authors use a variety of scholarly material from historians such as Colin Holmes to emphasise immigration restriction as a transnational phenomenon and not as a US one.

A large portion of the article is spent detailing the Royal Commission. The authors show that much of the reports produced for the commission were based of legislation in place overseas such as Frederick Mead’s report which presented a proposal based on US laws. In relation, the authors detail the motives of the commission more of a focus on the second motive, to analyse other countries restrictions. For example, the passport control measure which was seen to be effective in Argentina in keeping Jewish immigrants out and deemed by Britain as a ‘satisfactory means of control’. In analysing restrictions, Britain was able to see what worked and what didn’t.

Even though Bashford and Gilchrist detail this process of comparison during the Royal Commission they also emphasises that although restrictions on the continent or America, for example, were similar there were still differences present. For instance, on the continent there was no law defining the class of the arrivals and so it was left up to the police to decide on the immigrant’s status. While in the US, this was placed on the shipping companies who could refuse passage.

Bashford and Gilchrist reference the problem of defining the terms within the act. It was questioned what constituted an ‘undesirable immigrant’. Fredrick Mead’s report in 1902 put forth that undesirables were people who were ‘detrimental to the community’ on the grounds of bad character, disease or offensive habits. Mead turned to the Australian and American restrictions, which prompted criminals as ‘detrimental’. Mead expanded this idea and suggested this had to be further defined by the inclusion of ‘wider categories. The commission agreed that enforcing bad character was problematic but looking to an Australian example found that using convictions since entering the country against the immigrant could be a solution. Clearly, the Royal Commission acknowledged the landing of ‘objectional characters’ (criminals) as something to be prevented and this was influenced by the fact that exclusion of convicted criminals being common in settler- colonial law. But the commission was different, according to the authors, its banishment of criminals derived from continental legal traditions, emphasising an aspect of moulding over copying.

 

2 thoughts on “A. Bashford and C. Gilchrist , ‘The Colonial History of the 1905 Aliens Act’

  1. This source provides a good summary of showing how Britain’s status of being a renown liberal nation, became detrimental in allowing a large influx of immigrants to pass unchecked through the border; causing an increase of tension between them and the British working class. And how change was urgently needed, but how this change made immigration a partisan issue within British politics. It also does well in elaborating how the Aliens Act of 1905 was influenced by the response of other countries and was set up to prevent potential criminal immigrants from getting into Britain. The source does well in showing how normal it was for other nations to implement laws to restrict immigration, but how difficult it was for the more liberal British. The source also describes in good detail how influential the Royal Commission’s report was in helping with understanding to what extent immigrant restrictions were needed, by analysing other countries immigration laws.

  2. This blog does well to demonstrate the arguments set out by Bashford and Gilchrist with significant detail on how Britain struggled to implement strict laws similar to the US due to being a more liberal country. It is also useful that the argument from Holmes is included as it is often assumed that the Aliens Act was modelled primarily on American laws. Additionally, the information provided regarding the Aliens Acts and how it aimed to prevent criminals from entering the country shows that Britain also looked to countries such as Australia. By concluding that Bashford and Gilchrist argue that these laws came from continental legal traditions rather than copying other countries is a successful way to establish the overall aim of the article.

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