tlp_09_rdagastino

=Teacher Lesson Page=

Bob D'Agostino, Everett Public Schools
Bob's Primary Source Page

Grade Level: 7th/8th grade

Essential Question:

 * Grade 8-10 - How did immigration affect American conceptions of "WE THE PEOPLE"?**

Standard(s):
USI.19. Explain the rights and the responsibilities of citizenship and describe how a democracy provides opportunities for citizens to participate in the political process through elections, political parties, and interest groups. USI. 32 Describe important religious trends that shaped antebellum America. c. the influence of these trends on the reaction of Protestants to the growth of Catholic immigration.

Guiding Questions:

 * What should society do about the poor and the immigrant?**
 * Does religious, economic, or ethnic background influence how people are able to participate in a democracy? Should these be factors?**
 * Who gets to be part of “We the People”?**

Introduction:
Since the founding of the United States, the question of what to do about poorer members of society has been present. This question has to be asked each time there is a shift in the population composition as new arrivals could one day become citizens. Your task is to examine the laws present at a critical point in U.S. and Massachusetts history, at a time where the population shifted dramatically. You will determine what the laws were, that the immigrant population was, and in what ways the laws expressed a shift in attitude along with the shift in population (if any). Finally, you will be asked to apply what you know as you become a Massachusetts state representative and argue your opinion about what the state should do about the poor and the immigrant.

Task:
You are serving as a Massachusetts state representative in 1855. As such, you not only need to be informed about the current issues but also have an understanding of their history. You have an important vote coming up: What should the Commonwealth do about the poor and the immigrant, especially the poor immigrants ("alien passengers') whom you have seen flood into your state over the past decade? In order to ready yourself and your legislative body for the upcoming session, you must educate yourself about the issues of citizenship for immigrants to the state, the economic and demographic indicators that show the changes occurring in Massachusetts because of immigration, the previous legislative approaches concerning naturalization, poverty, and immigration, and the attendant social issues (such as religion). All of these may affect your vote. Finally, you and your colleagues will propose and decide what to do about those seeking to become the newest members of the Commonwealth. What should society do about the poor and the immigrant? Who gets to be part of “We the People”?

DAY 1: Citizenship and Settlement Defined Today you will be discovering the background of what it means to be a citizen in the United States before the 1850s.

First, let's see what you know. Let's have a general discussion about citizenship and see.... General discussion questions: //What is a citizen? How does one become a citizen? What should we do about new people who want to become citizens? Should it matter what the background of those people are?//

Then, let's have you discover what citizenship meant in the United States before the Civil War. Read the following, and then discuss (with your teacher's help) the following question: //How did Massachusetts "confer citizenship" and what did "settlement" mean?// Read the Massachusetts Law "An Act Ascertaining What Shall Constitute a Legal Settlement..." (Feb. 11, 1794). (It is pages 439-442).

Let's also find out how an immigrant to the United States become a citizen. Read the following, and then discuss (with your teacher's help): May 26, 1824 Naturalization Act Chap 186 [CLXXXVI] p. 69 @http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=004/llsl004.db&recNum=116

In order to understand what people left, look at the conditions experienced by a significant source of antebellum immigration. Your teacher will help you review the penal laws in Ireland. You will review the extent of the famine of the 1840s and British efforts during that time. [Teacher lecture]

Add any new vocabulary to your notebooks. Terms and definitions could include: Immigration/ Immigrants, naturalization, allegiance, famine, indentured servitude, alien, antebellum, penal.

DAY 2/3: Historical Context Developed Now you will determine the economic and legal circumstances that the immigrant population experienced in Massachusetts.

Step 1-- Look at a historical example: immigration to Massachusetts in the 1840s.

Your primary sources will be Massachusetts census data on immigration and Massachusetts reports of poverty ("pauperism") in the state. (Resources and links listed below ) Divide your class into groups. Each group is to become the "expert" on one of the issues: poverty in Massachusetts or immigration to Massachusetts.
 * Immigration to Massachusetts in the 1840s and 1850s (as reported in Mass. state census) []
 * Poverty (Massachusett's expense of foreign paupers (1839-1850))[| http://www.archive.org/stream/actsresolvespass184951mass - page/538/mode/2up]

Each person should read their document. Answer in 1-2 sentences "What does each document say?" Then pair up with someone from the other group and tell them what your document said. Discuss with each other the answers to the following questions. //Who came to Massachusetts in the 1840s? Did that population change, and in what way? How would people who were already present and citizens in the state react to the changes in the population? How does this demographic information affect our concept of "WE the People" for each time period?//

Step 2-- Now we'll see the response to the poor and immigrant as seen in the laws from Massachusetts in this era. Create 4 groups of 5 students. Each member of your group should take one of the documents, read it, and explain what it says and why you think it's important. [Links to the primary source documents for each of these sets is below. (APPENDIX B --Poor Law, Alien Passenger Laws)]

Your discussion group should review and discuss the intention of the laws. Answer the following questions in each of your group: //What does each law say?// //Why were these laws written? How would some groups benefit from the law and others suffer? How do these laws affect the concept of "We the People." Should we continue to have these laws, and why?//

Prepare your presentation on your laws to the other groups. Keep in mind that with all good intentions there is a cost of time, labor and money. Each of your "expert" groups is to prepare a presentation to the representatives explaining how the enactment of the law will impact taxes and the society as a whole. When presenting your group should end by comparing and contrasting the effects of the laws to other groups (i.e., how would naturalization laws affect the poor and the immigrant?). Explain what you believe to beneficial and or harmful to the concept of "WE THE PEOPLE." Make sure you take your own notes on your group's conclusions. You will be presenting these to the other groups!

As a whole group (i.e., your class), discuss this question: //How do these laws affect the people from an economic and social perspective?// Make sure you use historical examples. Think about whether a person's religion, or economic background, or ethnicity was a factor in how these laws were written or were experienced.

Use of a graphic organizer will be essential to tie the elements of theories to the main question, so make sure you have one in your notes. Keep your notes handy, as you will want to refer to them during tomorrow's legislative debate!

Your homework is to think of a resolution (draft law) to present to the legislature tomorrow.

DAY 4: Legislative Debate Today you are a representative of the Commonwealth of Massachusetts c. 1855. In this position of great responsibility, you are charged with serving the people of the Commonwealth. Recently your state has seen a great wave of new residents arrive in the state as immigrants from Ireland and other countries. Many of them are poor. What has Massachusetts done in times of immigration and poverty in the past? What should the state do now that you are in office?

Your task today will be first to set your rules of the chamber (how you will do business) briefly, and then to decide whether you will pass new laws for the state and what these laws should be.

Rules for the Legislature: 1. The legislative body is to elect one person to monitor the discussion. 2. The rules of conduct are to be discussed and voted upon by the entire group. 3. Time limits for debate are to be established. 4. A secretary should be chosen to outline the discussion. 5. Enough time must be allotted to vote on the issues. 6. The body must pass a comprehensive law or laws to conclude their deliberations.

Resolution: To start the debate, you or another student will present a resolution. This resolution will be 1 to 2 sentences that answers the question: //What should the state do about immigration and poverty?//

Questions for discussion: You may debate on any of the following categories of legislation as it relates to the resolution. After debate, you will and the legislature (your group as a whole) will vote whether or not to pass this resolution.

Here are the categories and possible questions to raise in your debate: Poor Laws: //Should there be poor laws? Who should be include or excluded? How should these laws be administered and by whom? How will this be paid for? How do or will these laws benefit of harm the citizens?// Immigration Laws (alien passengers): //What should our laws about immigration to the Commonwealth be? Should we place limits on who enters and is allowed to settle in the state? Should some groups be regulated but not others? Who and why?//

Make sure you leave enough time for your legislature to vote on the resolution! If the resolution is passed, it is your law.

Final reflection: At the end of the debate and after the resolution is passed or failed, the your entire class should reflect on what you have learned from the history and from each other. How would you answer this question: //Why did Massachusetts pass the laws ift did in the 1840s and 1850s? What people were affected by these laws? What is our definition of "WE THE PEOPLE?"//

Conclusion
To understand where we are going we must know where we are coming from! Immigration to America from 1620 to 1860 took place in three major waves. First the English, then the Scotch-Irish (Protestants) and finally the Irish Catholics arrived in Massachusetts in large numbers. The guiding principles that were the basis on the laws and attitudes of those who became native to the land were established over centuries and inherited to a large degree from their place of origin, primarily England. There were two very separate and distinct attitudes which became laws in England and Ireland that must be reconciled. The penal laws in Ireland and the poor laws in England and later Massachusetts helped define the society and culture of the times. Most important was the change in attitude and action when large numbers of poor and infirm Catholic immigrants came to America during the infamous "famine" of the 1840s. The laws of Massachusetts reflect the historic background and the contemporary issues of the time in which the laws were written: economic, ethnic, and religious differences influenced those in power to control those who were not.

You have studied historic laws that affected who was able to become a U.S. citizen and the conditions under which an immigrant could do so. Before 1868, citizenship was conferred by each individual state, and a state requirements for property and "settlement" could affect who how a person would be treated as an immigrant, even while the national laws of naturalization applied. Also, you have participated in a democratic process of debating about who should be included and the reasons and ways for doing so. Now think about how you would apply your understanding. These issues of immigration continue to be debated.... How should immigrants be treated as part of the American democracy today?

Assessment:
No significance of immigration statements made. ||
 * **Students will be able to:** || **Strong** || **Adequate** || **Weak** || **Needs Improvement** ||
 * Show an understanding of the conditions surrounding immigrants to Massachusetts in 1840s & 1850s || Students can judge the reasoning behind the formation of the penal codes.They can explain and discuss the motivation and effects of the laws, both in intent and practice. || Students can cite some of the provisions of the Penal Code report on the nature of the laws. || Students have a limited knowledge of the Penal code but are not able to understand the problem. || Inability to comprehend, discuss or cite the Penal Laws and their purpose. ||
 * Debate, classify and interpret the the Poor laws || Students can evaluate the impact and significance of the Poor Laws. || Students can Identify and have a familiarity with the Poor Laws. || Students are unable to note the significance of the law or there impact on the society. || Students are unaware of the the impact of the laws or cannot clearly identify them. ||
 * Infer the attitudes of the public from the changes made to the Alien Passenger laws. || Students are able to compare and contrast the changing laws and construct an argument about how the laws the changing attitudes of the general public. || Students can construct the basic framework of the laws but not hypothesize on their impact. || Students can identify the laws but cannot explain their relationship to the concept being studied. || Students cannot recognize the laws or their importance. ||
 * Identify changes in population and the impact of immigration on the population of antebellum Massachusetts. || Students can interpret statistical evidence from census and other data to show increases in population and increases in the percentage of foreign-born population and links these to contemporary historical events. Explains significance of immigration. || Students can show the overall change in population and increases in the percentage of foreign-born population but cannot link these to contemporary historical events. Presents significance of immigration. || Students can trace the overall change in population but cannot present increases in the percentage of foreign-born population and cannot link these to contemporary historical events. Ignores significance of immigration. || Students cannot understand census and statistical tables. Cannot understand or explain historical context.
 * Analyze documents. || Understands both content and meaning of documents and is able to compare and contrast multiple documents and explain significance of the group of documents as a whole. || Understands both content and meaning of individual documents but is unable to compare and contrast multiple documents or explain signficance of more than one document. || Understands content but not meaning of documents and is unable to compare and contrast multiple documents. No significance statements provided. || Students cannot understand multiple documents and cannot explain the meaning of individual documents or of group of documents. ||
 * Discuss themes of economic class, ethnicity and religion. || Discusses all themes and connects these to documents and to historical context. || Discusses one or two themes and connects these to documents and to historical context. || Discusses only one theme and/or makes few connections of theme to documents and to historical context. || Ignores themes and cannot trace them in documents. ||
 * Effectively debate their position on an immigration resolution. || Students will present a position that addresses the debate question. Students will make a persuasive argument to support that position. The debate comments will refer to historical evidence. || The take a position on the debate question but lack historical evidence. || Takes a position but does not address the question nor use historical evidence. || The comments will not convince the listeners due to a lack of evidence, organization, a strong argument, or poor presentation. ||

Resources
Poor Laws of Massachusetts** 1. 1852 Act relating to Paupers having no Settlement in the Commonwealth of Massachusetts Chap 275 pp. 190-193 @http://www.archive.org/stream/actsresolvespass185253mass 1. 1837 Mass Law Chapter 238 (April 20, 1837) pp. 270-271 An Act relating to Alien Passengers (1837) 2. 1848 Mass Law Chapter 313 (May 10, 1848) pp. 796-799 An Act concerning Alien Passengers [creating the superintendents of alien passengers] @http://www.archive.org/stream/actsresolvespass184648mass 3. 1851 Mass Law Chapter 342 (May 24, 1851) pp. 847-849 1851 An Act Requiring the Appointment of Board of Commissioners in relation to Alien Passengers and State Paupers @http://www.archive.org/stream/actsresolvespass184951mass
 * APPENDIX Legal Response:
 * Alien Passenger Laws (Massachusetts)**


 * Additional/Secondary Resources**

"An Act Ascertaining What Shall Constitute a Legal Settlement..." (Feb. 11, 1794). Massachusetts Acts 1793, Chapter 34 (February 11, 1794) pp. 439-442

PARKER, KUNAL M., State, Citizenship, and Territory: The Legal Construction of Immigrants in Antebellum Massachusetts. __Law and History Review__ 19.3 (2001): 107 pars. 26 Jan. 2010 . []

Background on Massachusetts poor laws (from Old Sturbridge VIllage curriculum unit) @http://www.osv.org/school/lesson_plans/ShowLessons.php?PageID=P&LessonID=33&DocID=1119&UnitID=

The Poor Debtor Law of Massachusetts Author:Grinell, Charles Edward, March 1883 Available from the Cornell Law Library -- The Poor Debtor law of Massachusetts A study of the poor debtor law of Massachusetts and some details of its practice : with a chronological list of the statutes of Massachusetts, a table of the statutes of the other states, the territories, and the United States, and a list of books concerning poor debtors (1883)

__Strangers to the Constitution: Immigrants, Borders, and Fundamental Law__ by Gerald L. Neuman (Princeton University Press, 1996) Massachusetts requirements on bonding immigrant passengers pp. 22-27 -- see also the footnotes! [not all pages available in GoogleBooks preview] @http://books.google.com/books?id=dXyS5cttGlQC&pg=PA28&lpg=PA28&dq=bonded+immigrants&source=bl&ots=lcLxRZIgcK&sig=gnJOvaHwLXSNLNM_I4lobgHxIPw&hl=en&ei=TWtHS9uRDdHulAe7go0P&sa=X&oi=book_result&ct=result

Poor-laws of Massachusetts and New York, with appendices containing the United States immigration and contract-labor laws; by John Cummings. @http://books.google.com/books?id=RAFAAAAAYAAJ&printsec=frontcover&dq=Poor-laws+of+Massachusetts+and+New+York,+with+appendices+containing+the+United+States+immigration+and+contract-labor+laws%3B+by+John+Cummings.&source=bl&ots=ZilQ739T4E&sig=g9A-JKB6TtEcKBGhunCjJYpkCDw&hl=en&ei=DrlhS4-uPM6UtgfVx6jYDQ&sa=X&oi=book_result&ct=result&resnum=1&ved=0CAcQ6AEwAA

Historical Background on the Poor and Poor Relief in Early 19th-Century New England from Old Sturbridge Village @http://www.osv.org/school/lesson_plans/ShowLessons.php?PageID=R&LessonID=33&DocID=2029&UnitID=

To search Statutes at Large (Congressional Law, 1789-1875) []

To search Massachusetts Acts and Resolves [|http://www.mass.gov/?pageID=afterminal&L=6&L0=Home&L1=Research+%26+Technology&L2=Government+Data+%26+Documents&L3=State+Documents+%26+Resources&L4=State+Documents+Online&L5=Massachusetts+Acts+and+Resolves&sid=Eoaf&b=terminalcontent&f=lib_ourorganization_governmentdocs_acts18761959&csid=Eoaf]

Information on the Passenger Cases (1849) from Justia.com

Wiki on "Citizenship in the United States" @http://en.wikipedia.org/wiki/Citizenship_in_the_United_States

Additional Resources:

1891 Sacramento CA newspaper article "Bonded Immigrants" [first column, top of page] Sacramento Dail record-Union, September 26, 1891 @http://chroniclingamerica.loc.gov/lccn/sn82015104/1891-09-26/ed-1/seq-6/;words=IMMIGRANTS+bonds+immigrants+Immigration+immigration+bonding+bonded+Bonds+BONDED+bond

bonding today @http://bostonimmigration.typepad.com/boston_immigration_law_fi/2007/10/paying-an-immig.html www.indepaz.org.co/.../125_2%20Forced%20and%20Bonded%20Labour.pdf -

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