138 NATIONAL ORIGINS PROVISION OF IMMIGRATION LAW be evidenced was a question of fact—I will put it that way. Some men, from the country’s viewpoint, can be better utilized at home than they could in actual service. To my way of thinking, briefly—and you gentlemen, I suppose, have heard this argument pro and con for years—while it is not a new subject, it naturally is a new subject to me down here, because this is my first experience in Congress, this present short session. How long it will be, of course, likewise is a question of fact. At least it will be for two years, if I survive that long. But this question appears to me to be incapable of practical ascer- tainment—the national origins clause. We have a very sound prin- ciple incorporated in the law now. While intended as a temporary provision, it seems to me that it might be well, if we are going to have a restrictive policy of approximately 164,000 a year, restricted maximum policy of 164,000 a year, that we should have definiteness as to its ascertainment; and 2 per cent of the 1890 foreign-born population is a basis where the quotas can be definitely and certainly ascertained. It is simply a mathematical problem. There is no un- certainty. We have our census records in good shape, so that the uncertainty as to the origin of our foreign-born in 1890 is reduced to a minimum, if there is any uncertainty at all. When we come to the generations which preceded that, and I know so far as I am concerned—and I go back at least two generations before that of Irish descent, though I am an American, that is my viewpoint; and I look at every other person as an American, no maf- ter what his descent may be—but when we start discussing the na- tional-origins clause we must remember we are trying to determine the origin, not of one generation, but of every generation of Ameri- cans and of every generation that contributed to build up the original 13 Colonies. In other words, we are going back approximately 300 years, and into this discussion are drawn the offsprings of immigrants of all countries during the entire period of our history, both as a col. ony and as a Federal Government; and there is the danger of it. It is an unnecessary, it seems to me it is an unwise question, to present to the American public. It does not seem to me to be practically necessary. i While the principle anunciated might be in theory correct, if capable of ascertainment, so that it would not be offensive to our various elements or our nationals as is declared in the national-origins clause, nevertheless in its practical operation it is bound to be offensive and discriminatory. Mark you, when I use the words “ offensive and discriminatory ” I want a distinction drawn as between the intent in the passage of that law and its practical operation. You and I might have the highest motives actuating us in voting for legislation, and yet later we might see in its practical operation it is offensve. So, there is a distinct difference between intent in the beginning and results which follow the operation of any law that we might have voted or fought for. I want to submit this item of evidence: In Pennsylvania in 1790 it wag said that there was approximately 110,000 persons of German descent. Yet between 1740 and 1750 there came to Pennsylvania for any one of several years approximately 12,000 of immigrants. That is not my word. That is in the records of the hearings before the