Brynlee Emery - Those Who Admit Their Belief - Google Docs
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5/6/2019 Brynlee Emery - Those Who Admit Their Belief - Google Docs Those Who Admit Their Belief: Latterday Saint Immigrants and the Polygamy Restriction in U.S. Immigration Law Brynlee Emery Honors Thesis Submitted to the Department of History, Georgetown University Advisor: Professor Katherine BentonCohen Honors Program Chairs: Professor Katherine BentonCohen and Alison Games 6 May 2019 https://docs.google.com/document/d/1bTogYIzGImikVxQxPZ_F6Ro4o4f2QJc1rM6vrRv5Drk/edit 1/246 5/6/2019 Brynlee Emery - Those Who Admit Their Belief - Google Docs Table of Contents Acknowledgments………………………………………………………………………………...2 Introduction………………………………………………………………………………………..3 Chapter 1: The Development of AntiPolygamy Immigration Law……………………………..21 Chapter 2: Proxy Restrictions, Gender, and the Challenges of Enforcement……………………46 Chapter 3: Unexpected Consequences and the Growth of Bureaucratic Regulation…………….74 Epilogue………………………………………………………………………………………...107 Appendix A: 1913 Bureau of Immigration Polygamy Questionnaire……………………….....112 Appendix B: Polygamy Exclusions By Year and Country of Origin…………………………...113 Bibliography…………………………...…………………………...…………………………...116 1 https://docs.google.com/document/d/1bTogYIzGImikVxQxPZ_F6Ro4o4f2QJc1rM6vrRv5Drk/edit 3/246 5/6/2019 Brynlee Emery - Those Who Admit Their Belief - Google Docs Acknowledgments I would not have been able to complete this thesis without the help and support of so many. First, I would like to thank Professor KatherineBenton Cohen for shepherding me through this project both in “Inventing the Illegal Alien” and later in the honors seminar. Her advice, encouragement, and expertise has been instrumental in my success. I would also like to thank her for her tireless dedication to the whole honors seminar and for the massive amount of work that went into helping us all through this process. I would also like to thank Zach Wilske, Allison Finkelstein, and Char Cook of the U.S. Citizenship and Immigration Services History Office and Library. Their support of my research during my internship last summer helped me to refine my thoughts and place them into the context of larger issues in immigration history. I also owe them my appreciation for helping me navigate the confusing collection of immigrant case files at the National Archives. To Jeffrey Turner, of the University of Utah, for sharing primary source materials from archives I was not able to visit in Salt Lake City and for providing additional insight into the history of the polygamy clause. To Julia Rose Kraut, of New York University, for your kind willingness to share your work on ideological deportation and exclusion. To Sydnie and Matt for being the first readers of all of my drafts throughout the last year. And, to the rest of the honors seminar for the inspiration and community they have provided as we all work through these projects. To the archivists and librarians at the National Archives and Records Administration, especially Bill Creech, for helping me access the necessary materials and so helpfully advising me on my first few trips to the archives. Also to the man who, on two separate occasions, pulled boxes for me between the standard pull times. I sincerely regret that I do not know your name, but that thoughtfulness has stayed with me ever since. To the descendents of affected immigrants that I corresponded with over the FamilySearch messaging service. Your insight into the emotional effects of the provision on individuals lent greater depth and weight to their stories that I could not have accessed through public files. Most of all, I would like to thank my family and friends for supporting me throughout this project and throughout my time as a student at Georgetown. My parents and sisters have been enormously supportive and my thanks goes beyond what words can say. Finally, I would like to thank my husband, Will, for listening to me rant about polygamists and unfair government officials for a year and a half. His interest in and encouragement of my work has made a huge difference, and I can’t thank him enough for helping me to work through frustrating and confusing moments, knowing when to tell me to take time to rest, and picking up Ben and Jerry’s on a regular basis. I give Lauinger Library permission to release this thesis to the public. 2 https://docs.google.com/document/d/1bTogYIzGImikVxQxPZ_F6Ro4o4f2QJc1rM6vrRv5Drk/edit 5/246 5/6/2019 Brynlee Emery - Those Who Admit Their Belief - Google Docs Introduction In 1916, twentysix years after the Church of Jesus Christ of Latterday Saints had banned polygamy among its members, Elsie Doris Jarvis arrived at Ellis Island from England. Elsie was a nineteenyearold Latterday Saint, and she was traveling to meet up with her brother in Salt Lake City, Utah. In Utah, Elsie also planned to marry her sweetheart, Boswell Clifford, who had completed a mission for the Church in the United Kingdom. Like many members of the Church of this era, Elsie sailed across the Atlantic with a group of other Latterday Saints.1 The larger groups allowed passengers to maintain some feeling of security and familiarity in the trek across the ocean and the North American continent, but they also attracted the attention of the immigration officers at ports of entry. Since 1891, U.S. immigration law had prohibited the entry of immigrants who practiced or supported the practice of polygamy. Due to the Church’s prior sanction of plural marriage among its members, immigration inspectors often targeted those traveling in Latterday Saint groups for particular scrutiny regarding the polygamy question. Soon after Elsie’s hearing with the officers began, they asked her whether she believed in the practice of polygamy. She responded, “Personally I should not care for it myself. Anything in the Bible I believe.” Regarding her opinion on others’ practice of polygamy, she said, “I will leave that to their judgment.”2 This answer was not virulent enough for the Bureau of Immigration. They excluded Elsie as a believer in polygamy, and barred her from entering the United States. Years later, she recalled, “in New York, one of the government authorities found out I was a Mormon, thought I 1 Bureau of Immigration, “Elsie Doris Jarvis Before Board of Special Inquiry Held at Ellis Island, N.Y.,” July 31st, 1916, File of Elsie Doris Jarvis 54171179, Engry 9, Record Group 85, National Archives and Records Administration, Washington, D.C., 1. 2 Bureau of Immigration, “Elsie Doris Jarvis Before a Board of Special Inquiry,” 2. 3 https://docs.google.com/document/d/1bTogYIzGImikVxQxPZ_F6Ro4o4f2QJc1rM6vrRv5Drk/edit 7/246 5/6/2019 Brynlee Emery - Those Who Admit Their Belief - Google Docs was coming out here to be the tenth wife of some Mormon. I told him he was mistaken but that didn’t make any difference.”3 Because she lacked a fullthroated rejection of polygamy, the inspectors determined that Elsie must be sympathetic to the practice. Elsie Doris Jarvis, Age 194 Elsie appealed her case. Descendants note that, despite paperwork detailing the contrary, Elsie did not receive any food or water while in detention awaiting the Bureau’s decision. One grandchild recorded that she felt immense frustration that the immigration officers did not believe her claims. This frustration was particularly noteworthy since she was “a very softspoken lady who never spoke badly about anyone.”5 A few days later, the Department of Labor, which housed the Bureau of Immigration, determined that the officers had not “amply substantiated” 3 Elsie Doris Jarvis Merrill, “Autobiographical Sketch,” unpublished, pdf file. Accessed 3/25/2019. 4 Image courtesy of FamilySearch. Accessed 3/25/2019. https://www.familysearch.org/photos/artifacts/3606632?p=12383525&returnLabel=Elsie%20Doris%20Jarvis%20(K WCV3VB)&returnUrl=https%3A%2F%2Fwww.familysearch.org%2Ftree%2Fperson%2Fmemories%2FKWCV3 VB . 5 Author’s correspondence with FamilySearch User D’Merrill, November 13, 2018. 4 https://docs.google.com/document/d/1bTogYIzGImikVxQxPZ_F6Ro4o4f2QJc1rM6vrRv5Drk/edit 9/246 5/6/2019 Brynlee Emery - Those Who Admit Their Belief - Google Docs her belief in polygamy. Without supporting evidence for this accusation, the Department ordered that her appeal be sustained.6 She was admitted to the United States and made her way to Utah where she later broke off the relationship with Boswell Clifford. Instead, she married Lewis B. Merrill, another former missionary to Great Britain, and Clifford’s missionary companion. Elsie and Lewis had nine children and were reported to have “never said a cross word to each other” throughout their entire marriage.7 Elsie died in South Jordan, Utah in 1979, at the age of eightytwo.8 The clause banning polygamists from immigrating to the United States was one of the leastused provisions in early twentiethcentury immigration law. Only 378 people were ever excluded as polygamists during the period between 1891 and 1920 when the provision was most often used. In the same time frame, nearly 18 million immigrants had successfully landed in the United States, and over 300,000 had been excluded. Polygamy cases accounted for a paltry 1% of all exclusions, and an almost imperceptible fraction of total immigration during this period.9 Accordingly, historians have paid the provision little attention. The polygamy restriction was undoubtedly ineffective, rarely useful, and easily challenged when employed against immigrants themselves. However, the ban served as an important symbolic mechanism that reinforced specific norms regarding gender and religion. 6 Bureau of Immigration, “Memorandum for the Acting Secretary in re. Elsie Doris Jarvis Age 19,” August 4, 1916, File of Elsie Doris Jarvis 54171179, Entry 9, Record Group 85, National Archives and Records Administration, Washington, D.C.. 7 Elsie Doris Jarvis Merrill, FindAGrave, h ttps://www.findagrave.com/memorial/76159. 8 Elsie Doris Jarvis Merrill, “Autobiographical Sketch,” 1; Elsie Doris Jarvis Merrill, FindAGrave, https://www.findagrave.com/memorial/76159. 9 U.S Department of Labor, A nnual Report of the CommissionerGeneral of Immigration to the Secretary of Labor 1920 , Bureau of Immigration, (Washington: Government Printing Office) 198.