Americans by Choice

by John Palmer Gavit

No sound basis is disclosed for discrimination on the ground of race or color, religious beliefs or political predilection. Even the statutory bar against belief in anarchism or polygamy is obviously ineffectual, because the anarchist theory per se involves, if not virtual atheism, at least repudiation of government and a disbelief in the sanctity of an oath. And a declaration of disbelief in polygamy, so far as it may be assumed to imply anything concerning personal morality, conveys no assurance of chastity in any sense of the word. Furthermore, what is the practical use of inquiring into a person’s beliefs to-day, when there can be no guaranty as to what they will be to-morrow?

The educational test assures no safety as to character. The ability to speak, read, and write English or any other language, intelligence and general or even exact information as to our form of government and the “high spots” of American history, are little in the way of assurance of loyalty or usefulness as a citizen. The most noxious propagandist that we could import or admit to citizenship could pass the most rigid intellectual test. During the debate on the naturalization law in the House of Representatives in June, 1906,[177] Representative Steenerson of Minnesota said:

... The qualifications that we have required of people in the past who intend to become citizens is that they be men of good moral character and that they are attached to the principles of the Constitution of the United States.... They may be men of good moral character and attached to the principles of the Constitution, and yet be unable to comply with this requirement. Ability to write the English language.... If, for instance, an elderly man like President Fallières of France should decide to emigrate to the United States, he cannot be naturalized, because in all probability he would not be able to learn the English language within five years; whereas Count Boni de Castellane, who has undoubtedly had opportunities in the past ten years of learning the English language, could be naturalized, because he could speak and write English....

It is not from the immigrants who come here to settle on our public domain, who come here to abide permanently and to build homes and raise families, that we may expect frauds upon our election laws or danger to our free institutions. Such immigrants should not be denied citizenship because of inability to speak and write English. They may, notwithstanding, be as loyal and as patriotic as any. Nothing has been shown that connects inability to speak English with any of the evils complained of. There is no relation of cause and effect between them. The frauds and perjury against naturalization laws were committed by persons proficient in English.

One of the naturalizing judges in Kansas, long familiar with the workings of the law, said in his answer to the questionnaire of the Americanization Study:

My judgment is that this government has occasion for greater fear from many of the educated foreigners than from the uneducated foreigner. More stress should be placed upon the character of the man and his loyalty to this government, and his willingness to abide by its laws and uphold its Constitution than upon his mere educational qualifications. My observation has led me to conclude that one of the chief difficulties with the administration of our naturalization laws is that the Department seems inclined to apply to all foreigners the same test; whether the applicant has been a resident of the community for twenty-five years, leading an exemplary life, upholding all the institutions, interested in all the efforts to upbuild the state physically, mentally, and morally, or whether he be a unit in the slum hordes of the city. The Department seems to have conceived it to be its duty to force all of them into the same strait-jacket.... I have in mind cases where the Department has endeavored to withhold citizenship on the merest technicality from men who for years have been our best citizens, thoroughly loyal and devoted to the best interests of the state. We seem to have gone upon the theory that the educated foreigner, by reason of his education alone, will necessarily be a good citizen, and that the ignorant foreigner is necessarily an undesirable citizen.

An educational test, such as that to which petitioners for naturalization are subjected by some judges and some naturalization examiners, applied at the ballot box to all who would vote, would wreak havoc upon the enrollment of both native and naturalized. It is safe to say that not one out of a hundred of native-born citizens, even college educated, could pass respectably the examination. A very small proportion of American-born citizens of any age or of either sex have read the Constitution of the United States or have even a superficial knowledge of its contents. The present writer has derived some amusement during his conduct of this investigation from asking of more than ordinarily intelligent acquaintances some of the questions to which applicants for naturalization have to respond in various courts. The ignorance of even fundamental matters displayed by these scions of the “old stock” has been almost invariably both ludicrous and lamentable.

One of the questions which the Americanization Study asked of the naturalization judges was whether they would favor a standard intellectual test for both native and foreign born as a prerequisite for admission to the ballot box. Of 326 judges who answered the question a substantial majority (180) answered, “Yes,” and 44 were not sure but that it would be a good thing. The best answer that the 102 who opposed the idea could make was valid enough—i.e., that the native born have had 21 years of residence in the atmosphere of American institutions, and may be assumed to have a general intellectual fitness. The other objections were legalistic; but they all came out to the same fact—that fitness for citizenship and the ballot is a question of personal character and general attitude toward the public welfare.

At first glance it might seem simple enough to devise an oral or written examination by which to test the individual equipment of an applicant for citizenship—or a native-born citizen seeking access to the ballot box; actually it is impracticable. A set of questions would permit memorizing and recital by rote; to leave it as at present to the wit of the examiner or the judge means that no two applicants will be subjected to the same test. The naturalization judges say frankly that they cannot outline an examination, though they think that somebody might!

The Merchants’ Association of New York appointed a committee on immigration and naturalization which gave considerable study to this subject, and came out where everybody else comes out: