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AMERICANS BY CHOICE

I

OF THEIR OWN FREE WILL

FROM the point of view of citizenship there are two kinds of Americans-those who are American involuntarily by birth, and those who are American by choice.

This book devotes itself to those who have become Americans not by birth, but of their own free will and accord, by that process of voluntarily adopting a fatherland known as Naturalization. It endeavors to tell generally what happens to them in that process, and something of what they do and contribute to our political life after they have been admitted to active membership in our body politic.

The subject is one much talked about-especially since the beginning of the World War-and little understood save by those who administer, or who in some way profit by, the operation, the shortcomings, and confusions of the existing law and the system which has grown up under it. That system is handicapped and beclouded by public indifference and by the survival of ancient attitudes and limitations, and bedeviled by the theories and prejudices of persons and interests who, innocently or willfully-often with impeccable intentions-stand in the way of progress or adhere for various

reasons to ideas and methods long since outgrown, or in the light of to-day actively mischievous.

THESE ARE OUR VOTERS!

It is a current fashion of unthinking persons, contemplating the seething masses of immigrants congested in our cities and in certain rural sections, beholding the polyglot store signs and newspapers, sensing the existence of languages, manners, and customs unfamiliar and perhaps grotesque and even outrageous to their own habits and ideas of propriety, and reflecting vaguely upon the real and supposed evils of our political methods and machinery, to exclaim:

"And these are the people who corrupt our politics! These are the voters who elect our presidents!"

Many who should know better indulge in such absurdities, and even cite statistics to support them. A characteristic manner of reasoning would read something like this:

"In 1910 there were 13,000,000 foreign-born persons in the United States, and only a little more than 3,000,000 of them were naturalized!"

Leaving the unreflecting hearer to forget that of the 13,000,000 only about half (6,646,817) were males of twenty-one years and over; that more than half a million (570,772) had declared their intention to become citizens; that there was no report as to the citizenship of more than 775,000; so that the alien population of voting age, and of the then voting sex, known to be unnaturalized, was only about one-sixth of the total foreign born, or 2,266,535. This was bad enough in all conscience, and the Woman-Suffrage Amendment to the Constitution of the United States certainly has aggravated it, since through it married immigrant women were made possible voters

through the naturalization of their husbands. But nothing can be gained by exaggerating the facts, or constructing mare's nests by inferences from false assumptions. It is worth while to examine the conditions, to observe the extent to which the foreign born actually do participate in our political processes, and on the basis of such facts as are available, to judge the effect that foreign birth does tend to have upon the quality of that participation.

There is no disposition here to overlook or minimize the menace to our social and civic life involved in the presence of vast masses of undigested, unassimilated population of whatever race or kind—even of our own people, herded in colonies, dominating large communities, illiterate as regards our history and ideals, ignorant of our language, traditions, and customs. It constitutes a social problem of great magnitude and intricacy-though probably by no means so menacing as it is our fashion to believe. But it is not one directly affecting our political life or the operation of our political machinery to any such degree as it is the custom to declaim. There is little substantial evidence in these days that the foreign-born voter, as such, is a source of corruption or other evil influence in our politics.

PRIMITIVE ATTITUDES TOWARD IMMIGRANTS

Whether it is called an instinct, native in animal psychology, or an inheritance of mental habit and tradition handed down from remote times of family and tribal necessity, the fact is that we all regard the stranger with a suspicion, diminishing perhaps as we broaden with years, experience, and culture, but never entirely lost. Exceedingly few are those great souls who have no trace of it. Especially if the stranger

wears a differently colored skin, expresses his thought by unfamiliar vocal sounds and inflections, practices customs of clothing, eating, marriage, religion, different from our own; lives in houses of peculiar shape and use these things all partake, for the average person, of the outrageous and the dangerous, and usually subtly offend those habits of group taste which we somehow feel to have their roots in essential morality and the nature of things.

From time immemorial, all states and communities have laid special disabilities and limitations upon the alien-all based ultimately upon this habitual suspicion of those who belong to another tribe or clan. As Edwin M. Borchard says:1

The legal position of the alien has in the progress of time advanced from that of complete outlawry, in the days of early Rome and the Germanic tribes, to that of practical assimilation with nationals, at the present time. In the Twelve Tables of Rome, the alien and enemy were classed together, the word "hostis" being used interchangeably to designate both. Only the Roman citizen had rights recognized in law. . . The Germanic tribes, in the early period, were hardly more hospitable to the alien than were the Twelve Tables of the Romans.

With the extension of trade and travel, and especially with the upgrowth of the feudal system, however, the utility of intercourse with peaceable strangers, and the advantage of adding their personal prowess, capacity, and assets to the resources of the community, came to be more and more recognized, and the stranger within the gates was accorded an increasing measure of tolerance, not to say welcome. But this tolerance was at best of a very limited character; practically, it was not much more than a rigid systematizing of the

1 Edwin M. Borchard, The Diplomatic Protection of Citizens Abroad, p. 33 et seq.

ways of making the immigrant useful and contributory. It is not the province of this report to dilate upon this branch of the subject. Suffice it to say that to this day, over nearly the whole earth, the alien is still subject to marked limitations, and that the exploitation of him is neither a modern nor an American invention.

As for political rights, let alone any degree of participation in the functions of government, no nation ever has contemplated the possibility of such a thinguntil a few of the American states, clamoring for population from any corner of humanity, offered virtually full political participation to the alien immediately upon his mere declaration of intention to apply for citizenship-some day! Until the excitement of the World War brought public attention to the whole question of the position and influence of the foreign born in America, this anomaly remained in force in at least a dozen states: Alabama, Arkansas, Arizona, Indiana, Kansas, Michigan, Missouri, Nebraska, North Dakota, South Dakota, Texas, and Oregon. Since then it has been abolished by constitutional amendment or other legislation in all but two-Arkansas and Missouri.1

LEGAL POSITION OF THE ALIEN

Thus far, from the point of view of international law and custom, it has been left to each nation to regu

1 Letters from Attorneys-General of Arkansas and Missouri, as late as October, 1921, state that no change has been made. The AttorneyGeneral of Alabama points out that a careful reading of the state constitution "discloses that only foreigners who had declared their intention of becoming citizens prior to the adoption of the constitution of 1901 were entitled to register and vote, and that such person lost this right if he did not become a citizen at the time that he was entitled to become such under the laws of the United States."

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