Americans by Choice

by John Palmer Gavit

Fourth. It shall be made to appear to the satisfaction of the court admitting any alien to citizenship that immediately preceding the date of his application he has resided continuously within the United States five years at least, and within the State or Territory where such court is at the time held one year at least, and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. In addition to the oath of the applicant, the testimony of at least two witnesses, citizens of the United States, as to the facts of residence, moral character, and attachment to the principles of the Constitution shall be required, and the name, place of residence, and occupation of each witness shall be set forth in the record.

Fifth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or has been of any of the orders of nobility in the kingdom or state from which he came, he shall, in addition to the above requisite, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court.

Sixth. When any alien who has declared his intention to become a citizen of the United States dies before he is actually naturalized the widow and minor children of such alien may, by complying with the other provisions of this Act, be naturalized without making any declaration of intention.

Section 8 of the Naturalization Law gives still further requirements:

That no alien shall hereafter be naturalized or admitted as a citizen of the United States who cannot speak the English language: Provided, That this requirement shall not apply to aliens who are physically unable to comply therewith, if they are otherwise qualified to become citizens of the United States: And provided further, That the requirements of this section shall not apply to any alien who has, prior to the passage of this Act, declared his intention to become a citizen of the United States in conformity with the law in force at the date of making such declaration: Provided further, That the requirements of section eight shall not apply to aliens who shall hereafter declare their intention to become citizens and who shall make homestead entries upon the public lands of the United States and comply in all respects with the laws providing for homestead entries on such lands.

The final hearing must be public, in open court, and the judge must pass upon the petition personally:

Section 9. That every final hearing upon such petition shall be had in open court before a judge or judges thereof, and every final order which may be made upon such petition shall be under the hand of the court and entered in full upon a record kept for that purpose, and upon such final hearing of such petition the applicant and witnesses shall be examined under oath before the court and in the presence of the court.

Attention needs to be drawn especially to the following section, which, however innocuous in appearance, has given rise to a vast deal of vexation and injustice, and has caused the exclusion from citizenship of a large number of persons otherwise perfectly qualified and desirable:

Section 10. That in case the petitioner has not resided in the State, Territory, or the District of Columbia for a period of five years immediately preceding the filing of his petition he may establish by two witnesses, both in his petition and at the hearing, the time of his residence within the State, provided that it has been for more than one year, and the remaining portion of his five years’ residence within the United States required by law to be established may be proved by the depositions of two or more witnesses who are citizens of the United States, upon notice to the Bureau of Naturalization.

It will become evident as we proceed that the interpretation which has been placed by the courts and the Naturalization Service upon the distinction between the phrases, “two witnesses,” “at least two witnesses,” and “two or more witnesses,” has in practice caused a palpable absurdity from the point of view of common sense, and inflicted crying hardships and wrongs from the point of view of bare justice. Upon the humanity and good sense of the court, interacting with the same on the part of the representatives of the government, has depended to a very great degree the sensible interpretation of these and other provisions of the law; but in general both are bound by its letter, and in many instances they have been forced to reject petitions which, on the sane merits of the case, should have been accepted.