NATIONAL ORIGINS PROVISION OF IMMIGRATION LAW 171 
as the law rules out the “ Rate of increase as shown by successive decennial 
[Tnited States censuses.” 
DANGERS OF GOING ASTRAY 
There remain, then, “such other data as may be found to be reliable.” 
what that data is and how reliable it may be is for the committee to deter- 
nine. ln passing upon the reliability of whatever remaining data there may 
se, I am sure it is not necessary to warn the committee against going astray on 
-estumony presented by people whose mental complex seems biased by inter- 
aational and racial prejudices and inhibitions always latent to some extent 
in the human breast. The law does not provide that the committee shall con- 
sult the opinions and prejudices of our various racial or national groups. The 
ww specifically provides that the commission of Cabinet officers shall search 
the records for facts. The law does not provide the commission shall search 
smotions for prejudices. It is plain that the same provisions of law apply 
0 the committee, The Congress of the United States legislates under the 
provisions of the Constitution. It is not within the province of Congress to 
legislate for or against any person or group representing any nationality com- 
yosing its citizenship. We legislute as Americans. The Constitution does not 
Jistinguish between racigl groups. 
1 find on reading the report of the committee of experts that they have 
arbitrarily divided the American population into two classes, the native 
American stock and the immigrant stock. The native American stock is held 
by the committee of experts to be composed of those whose ancestors were here 
vefore 1790, and that part of our population whose ancestors came here after 
L790 are designated as immigrants and the children of immigrants. This arbi- 
rary clasistication is the foundation of the report of the committee. I would 
dke to know how thix committee of “experts” discovered that the population of 
the United States prior to 1790 were not immigrants or children of immigrants. 
That is a new theory that I nominate to stand on par with Doctor Einstein's 
ourth and fifth dimensions, interesting for speculative purposes but surely 
not to be relied on to form the foundation of an American immigration policy. 
[ know of no provision of law nor do I desire any such that may prohibit 
‘hose whose ancestors were here before 1790 from purchasing for themselves 
shampionship belts for the purpose of designating to the world that they are 
she only “simon pure” Americans. But for purposes of legislation we can not 
Histinguish or give any preferred status to any particular group. 
The law specifically confers the duties of finding the facts upon a commission 
of three Cabinet officers. This commission has made its report. It is evident 
‘hat the veport of the Cabinet officers based upon the work of their “experts ™ 
satisfy the commmittee that the data is not of such a character that it was 
suthicient to comply with the provisions of section (¢) of the hmmigration act. 
[, therefore, assume that the present liearings hive been extended by the com- 
mittee to other sources in the hope that it may find * such other data as may 
be found to be reliable.” How scientific and how relinble such testimony may 
have been as presented to the committee by the various witnesses appearing 
before it ix for the committee to determine. It must be evident and apparent 
to the committee that the somrcees enumerated in the law have been searched 
and found wanting. 
It is therefore plain that the committer, having discarded the report of the 
'ommission appointed by law. and if the nationai-orgins clause is to be put into 
affect and used as a basis for our immigration policy it can only be done by 
mending the immigration act of 1924. If that is the infention of the committee 
{ assume its recommendations will be based upon information obtained in public 
nearings, and will be political in character since the scientific and statisteal 
tata to which we ave limited under the law is not found to be reliable. 
The CHairmax. I am also reminded that the Society of 1812 
wishes its name placed in the record as being in favor of the national 
wigins. 
The committee will now go into executive session. 
(Thereupon, at 11.50 o’clock p. m., the committee proceeded to the 
sonsideration of executive business and at the conclusion thereof 
adjourned.)