Americans by Choice

by John Palmer Gavit

CITIZENS AT HEART BUT “ENEMY ALIENS”

A very important by-product of this legislation went to the benefit of persons of foreign birth, long resident—many of them practically life-long residents—in the United States, but still aliens, and many of them enemy aliens, in those states which at that time permitted voting upon the declaration of intention without the completion of naturalization. In many thousands of such cases, these persons, technically aliens, not only had sons and grandsons in the military service of the nation as volunteers or willingly drafted soldiers, but were themselves of the highest degree of loyalty, enlisted to their last ounce of energy and resources in the country’s cause, and in good faith believing themselves to be citizens in full standing for every American purpose.[124]

An important provision of the Act of May 9, 1918, had for its purpose the relief of those subjects of the Central Powers who are able to establish their loyalty to the United States. Ever since the States of Indiana, Missouri, South Dakota, Nebraska, Kansas, Arkansas, and Texas have been admitted to statehood, aliens have been allowed to vote under the constitutions of these States upon the making of their declarations of intention to become citizens of the United States. In several other States this condition prevailed, but in recent years there have been such changes in the constitutions of all of the States, except the seven named, that the franchise is limited to American citizens. With the operation of the provisions of the law requiring alien enemies to register there were disclosures of hundreds of thousands of loyal residents of the United States who believed themselves to be citizens, but were found never to have completed their naturalization. Cases have been reported of unnaturalized foreign-born residents of the United States who have lived here over 70 years; persons who were brought here as infants by their parents and who settled in those States where foreigners have always enjoyed the right of franchise. Instances were shown of those who had fought in the Civil War; where they had held offices of trust and responsibility, both of an elective and appointive nature, such as members of the State legislatures, mayors, judges, postmasters, and in other capacities. The registration required of persons born in the Central Powers, who had not completed their American citizenship, disclosed the most shocking state of affairs. Men and women who have their children and grandchildren in the military forces of the United States were disclosed as being not only as aliens but enemy aliens; with no means for removing the stigma.

The relief provided by Congress permitted such alien enemies to be naturalized under certain restrictions which need not now be detailed, except to mention that the Bureau of Naturalization was empowered to interpose objection in any case at its discretion, and obtain continuance at its pleasure.

As was pointed out by Representative Howland of Ohio, in 1910, in hearings before the House Committee on Immigration and Naturalization, there has always been a public sentiment in favor of allowing honorably discharged soldiers to vote, regardless of naturalization. Both such soldiers and their children have in good faith believed themselves to be citizens. It appeared in those hearings, by the way, that no requirement of citizenship for enlistment in the army, navy, or marine corps had existed in the United States until 1894, when an Act was passed,[125] providing that at least a declaration of intention should be required for a first enlistment. This was suspended during the Spanish-American War, but reinstated in force after the close of that war.[126]

Representative Meeker of Missouri presented to the House of Representatives in the summer of 1918 the results of a personal inquiry regarding the attitude of the nations of the world regarding the relations between citizenship and military service.[127] Space is not here available for even an outline of what this inquiry discloses; suffice it to say—though it is obvious enough—that never in the history of any modern nation save this has there been a wholesale sweeping into citizenship, by reason of military service alone, of a very large number of aliens upon an exhibit of qualifications consisting in the last analysis of ability to pass the physical tests of admission to the military service of the nation.

True, the form of an inquiry as to character and fitness was maintained; but the fact is substantially, that not only was full citizenship conferred upon every foreign-born soldier who desired it, but appreciable moral pressure, to say the least, was exerted to induce many to accept who cared nothing about it or perhaps did not want it, as well as upon large numbers who had but scant understanding of what it was all about. A few definitely refused to be naturalized, for reasons variously stated and interpreted; a few could not get the required indorsement of their officers (who in absence of others were accepted as witnesses); on the whole, however, it may be said that the mass of those admitted under the “military naturalization” procedure knew well enough what was happening, welcomed it gladly, and were proud of the new status thus suddenly conferred upon them. There is no purpose here to criticize or demur to what was done; but it should be clearly understood that it went far to overturn and nullify all the elaborate procedure of hypercritical precaution, so carefully constructed by the Naturalization Service during twelve years, to the end of straining out of the raw material of adopted citizenry every gnat of alien disqualification.