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

[2] Letters from Attorneys-General of Arkansas and Missouri, as late as October, 1921, state that no change has been made. The Attorney-General 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.”

[3] This is subject, of course, to the universal exceptions regarding alien enemies in time of war; also to such other exceptions as special statutes in certain states regarding the holding of real property and other matters.

[4] See Kate Holladay Claghorn, The Immigrant’s Day in Court (in preparation).

[5] John Graham Brooks, As Others See Us, 1909.

[6] Proceedings of the American Sociological Society, vol. v, p. 57, etc., paper on “The Racial Element in Social Assimilation.”

[7] See report of Commissioner-General of Immigration, 1920.

[8] Gustavus Myers, History of Tammany Hall, p. 128 et seq.

[9] Gustavus Myers, History of Tammany Hall, p. 118.

[10] John I. Davenport, The Wig and the Jimmy, pp. 12-13.

[11] John I. Davenport, The Wig and the Jimmy, pp. 17-18.

[12] William Bennet Munro, Government of American Cities, Macmillan, 1912, p. 167 et seq.

[13] These activities are well summarized by John Daniels in his Americanization Study volume entitled America via the Neighborhood, New York, Harper & Brothers, 1920, p. 383 et seq.

[14] Joshua vi, vii.

[15] Joshua vii: 24, 25.

[16] F. T. Piggott, Nationality, London, 1906, and E. M. Borchard, Diplomatic Protection of Citizens Abroad, New York, 1916.

[17] United States vs. Wong Kim Ark, 169 U. S., 649.

[18] Fourteenth Amendment—1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

[19] Cockburn, Nationality, p. 7.

[20] See Murray vs. The Charming Betsey, 2 Cranch, 64; Inglis vs. Sailors’ Snug Harbor, 3 Pet, 99; M‘Creery vs. Somerville, 9 Wheat, 354; see also Instruction of Marcy, Secretary of State, to Mason (1854), quoted in Moor’s Digest of International Law, iii, p. 276.

[21] Revised Statutes, sec. 1993. See House Document 326, Fifty-ninth Congress, Second Session.

[22] See discussion of this question by Borchard—The Diplomatic Protection of Citizens Abroad, p. 583 et seq., and footnotes.

[23] See Department of State, Circular notice, January 9, 1914.

[24] In former times, even the American-born child of parents of Turkish birth has gone to that country at his peril. This was under the old conditions; what the postwar reconstruction will effect in this regard remains to be seen.

[25] See Hall, International Law, 7th ed., p. 247.

[26] See Hall, International Law, p. 246.

[27] These treaties may be found in Malloy’s Treaties, 1910–13; also see Edwin M. Borchard, The Diplomatic Protection of Citizens Abroad, p. 548 et seq.

[28] Edwin M. Borchard, The Diplomatic Protection of Citizens Abroad, p. 549.

[29] Hall, International Law, 7th ed., p. 241.

[30] See Dr. jur. A Romen, Reichs und Staatsangehorigkeitsgesetz, GÜttentag Sammlung, No. 111.

[31] A notable discussion of the DelbrÜck Law is to be found in an article by T. H. Thiesing, “Dual Allegiance in the German Law of Nationality and American Citizenship.” Yale Review, 27:4 (February, 1919). See also R. Flournoy in American Journal of International Law, 8:480 (July, 1914), and the Meyer Reichs-und-Staatsangehorigkeitsgesetz vom 22 Juli, 1913. Berlin, 1913, p. 168-E.; also Edwin M. Borchard, The Diplomatic Protection of Citizens Abroad, p. 576; also Hall, International Law, revision by A. Pearce Higgins, pp. 245-246.

[32] The status of declarants in this and other relationships is fully discussed by Edwin M. Borchard, in The Diplomatic Protection of Citizens Abroad, pp. 501 et seq. and 568 et seq., with elaborate footnotes citing authorities and precedents.

[33] See Edwin M. Borchard, The Diplomatic Protection of Citizens Abroad, pp. 19, 591.

[34] See chap. vi, p. 148 et seq.

[35] 21 Wallace, 162.

[36] Butchers’ Benevolent Association vs. Crescent City Live Stock Company, 16 Wallace, 36.

[37] McClain, Constitutional Law in the United States, p. 276.

[38] See Willoughby on the Constitution, i, p. 272.

[39] See in re Wehlitz, 16 Wisconsin, 443.

[40] United States vs. Cruikshank, 92 U. S., 542.

[41] This exception is said to have been included principally to allow eligibility to Alexander Hamilton, who was born in the West Indies, under the British flag.

[42] 13 George II, chap. 7—Ruffhead’s Statutes-at-Large, vi, p. 384.

[43] See Channing’s History of the United States, vol. ii, pp. 413-416; also A. H. Carpenter, “Naturalization in England and the Colonies,” American Historical Review, vol. ix, p. 288.

[44] Constitution of the United States, art. i, sec. 8, 4.

[45] United States Statutes-at-Large, vol. i, pp. 103-104.

[46] United States Statutes-at-Large, vol. i, pp. 414-441.

[47] United States Statutes-at-Large, vol. ii, pp. 153-155.

[48] United States Statutes-at-Large, vol. ii, pp. 292-293.

[49] Ibid., p. 811.

[50] Ibid., vol. iii, p. 53.

[51] Ibid., vol. iii, p. 259.

[52] Ibid., vol. iv, p. 69.

[53] Ibid., vol. iv, p. 310.

[54] Ibid., vol. ix, p. 240.

[55] United States Statutes-at-Large, vol. xii, p. 597.

[56] Ibid., vol. xix, p. 2.

[57] Ibid., vol. xvii, p. 268, and vol. xxviii, p. 124.

[58] Ibid., vol. xxxii, pt. 1, p. 1222.

[59] Extracts from this report may be found in the Report of the President’s Commission on Naturalization, Fifty-ninth Congress, First Session, House Document 46.

[60] The report of this commission is available as House Document 46, Fifty-ninth Congress, First Session.

[61] With the creation of the Department of Labor, in 1913, out of the former Department of Commerce and Labor—Commerce becoming a separate department—the Naturalization Service became a Bureau of that department, headed by a Commissioner responsible to the Secretary of Labor.

[62] Act of June 29, 1906 (34 United States Statutes-at-Large, pt. i, p. 596), as amended by Act of March 4, 1909 (35 Stat., pt. i, p. 1102), as further amended by Act of June 25, 1910 (36 Stat., pt. i, p. 830), as further amended by Act of March 4, 1913 (37 Stat., pt. i, p. 736), as further amended by Act of May 9, 1918 (Public No. 144, Sixty-fifth Congress, Second Session).

[63] The Oath of Allegiance usually imposed in these proceedings reads as follows:

[64] The division offices are located in Boston, New York, Philadelphia, Pittsburgh, Chicago, St. Louis, St. Paul, Denver, San Francisco, Seattle, and Washington, D. C., the last named being a division field headquarters, with a chief examiner in charge, as well as the site of the general headquarters of the Naturalization Bureau itself.

[65] That is to say, has been extant for at least two years, and, presumably, whether it has not expired by reason of having been extant for more than seven years—in which event it would be invalid by expiration.

[66] See Van Dyne, Naturalization, pp. 42-50; Moore, Digest of International Law, vol. iii, p. 329.

[67] In re Lopez, unreported; Supreme Court, District of Columbia, December 13, 1915. In re Fernandez, unreported; same court, September 24, 1913.

[68] See chapter ix, on Military Naturalization.

[69] See p. 237, this volume.

[70] Compiled from the reports of the Commissioner of Immigration.

[71] District Court for Washington County, Colorado: In re William Wallace Mackey (1914). Unreported.

[72] In re Friedl, 202 Fed., 300.

[73] By July 1, 1919, this total number of declarations unexamined had grown to 1,011,676. (See Commissioner’s Annual Report for fiscal year ending June 30, 1919, p. 25.)

[74] See bill (H. R. 9949) of Representative Johnson of Washington, Sixty-sixth Congress, First Session. October 15, 1919.

[75] Report of Commissioner of Naturalization, 1917, p. 75.

[76] Mexico appears to be the only other country in which any such preliminary declaration and extended period of probation is required.

[77] In re Boovris, 205 Fed., 401.

[78] In re William Phillips (1913), Court of Common Pleas for Schuylkill County, Pennsylvania. Unreported.

[79] See ex parte Sauer, in note to 81 Fed., 355 (District Court, Uvalde County, Texas, 1891). See also United States vs. Olsen 196 Fed., 562.

[80] These efforts of the Bureau to augment its scope and authority are discussed in this volume, p. 180 et seq.

[81] See H. R. 9949, introduced by Mr. Johnson of Washington, Sixty-sixth Congress, First Session.

[82] United States vs. Gerstein.

[83] Art. I, sec. 8, par. 4.

[84] See Report of the President’s Commission on Naturalization, 1905, Fifty-first Congress, First Session, House Document 46.

[85] The words “approximately” and “entitled” are appropriate here, because by no means all of the judges empowered to naturalize exercise the function, and the list is constantly changing by reason of death, retirement, readjustment of work in large courts, etc.

[86] See United States vs. Hill, 120 U. S., 169; Hill vs. United States, 40 Fed., 441; United States vs. McMillan, 165 U. S., 504; in re Halladjian, 174 Fed., 834.

[87] The text here quoted is from the law as it now stands; it differs very slightly in verbiage, but not in meaning, from the law as it read when quoted in the New York Immigration Commission’s report.

[88] Report of the Commissioner for fiscal year ending June 30, 1916.

[89] Report of the Commissioner for fiscal year ending June 30, 1915, p. 33.

[90] Compare S. 4792, July 2, 1918, and S. 5001, October 21, 1918, Senate bills, Sixty-fifth Congress, Second Session.

[91] The Secretary’s letter is given in full in the Annual Report of the Commissioner of Naturalization for the fiscal year ending June 30, 1918—though it bears a date more than two months later than that of the report itself.

[92] Sixty-sixth Congress, First Session, H. R. 6176; Calendar No. 43 (Senate), Report No. 52, June 23, 1919.—Calendar Day, June 26, p. 179.

[93] H. R. 9949 (Committee print); Sixty-sixth Congress, First Session, October 15, 1919.

[94] Report of Commissioner of Naturalization, 1917, p. 27.

[95] Report of the Commissioner of Naturalization, 1918–19, pp. 30-31.

[96] That was the year (1918–19) of the emergency appropriation of $400,000, referred to heretofore in this chapter, p. 181, for dealing with persons technically alien enemies, but nevertheless individually loyal, which was used for the establishment of a new and hoped-to-be-permanent division in the Bureau, under a “Director of Citizenship.”

[97] See F. V. Thompson, Schooling of the Immigrant.

[98] Chap. viii, p. 225 et seq.

[99] Report of Commissioner-General of Immigration, 1919, p. 24.

[100] Ibid., p. 25.

[101] Grace Abbott, The Immigrant and the Community, 1917, pp. 248-249.

[102] Chap. viii, p. 236 et seq.

[103] Abstracts, vol. i, p. 485.

[104] See Table VIII in this volume, p. 207.

[105] Edward A. Ross, The Old World and the New, 1914.

[106] John B. Clark, A Documentary History of American Industrial Society, 1910, vol. i, p. 52.

[107] John R. Commons, Races and Immigrants in America, 1907, pp. 191-192.

[108] Edward A. Ross, The Old World and the New, 1914, p. 266.

[109] See Table X, p. 211.

[110] Report of Immigration Commission, vol. i, p. 488.

[111] Compiled from Report of the Immigration Commission, vol. i, pp. 379, 385, 397.

[112] Since that time, however, all, except Arkansas and Missouri, either have entirely withdrawn the privilege by constitutional amendment or statute, or are in process of withdrawing it.

[113] Compiled from Reports of the Commissioner of Naturalization, 1908–1918.

[114] See p. 109.

[115] See p. 231.

[116] See chap. v, p. 108.

[117] See chap. ix, p. 255, et seq.

[118] The full tables regarding marital condition and number and nativity of children will be found (Tables LVI and LVII, respectively) in the Appendix.

[119] New York (boroughs of Manhattan, Bronx and Queens), Cleveland, Cincinnati, Bridgeport, Paterson, Portland (Oregon), and Rochester (New York).

[120] Report of the Provost Marshal General, 1917, p. 21.

[121] Ibid., p. 53, Table 26.

[122] Annual Report of the Commissioner of Naturalization, June 30, 1918, pp. 3, 31.

[123] Annual Report of the Commissioner of Naturalization, June 30, 1918, pp. 30-31.

[124] Annual Report of the Commissioner of Naturalization, June 30, 1918, p. 33.

[125] Section 2, Act of August 1, 1894 (United States Statutes-at-Large, 216).

[126] Section 12, Act of March 2, 1899 (30 United States Statutes-at-Large, 979).

[127] Speech of Jacob E. Meeker, M.C., of Missouri, July 12, 1918. Reprint from Congressional Record; Government Printing Office, 1918.

[128] Second Report of the Provost Marshal General to the Secretary of War, 1918, p. 89.

[129] Second Report of the Provost Marshal General to the Secretary of War, on the Operations of the Selective Service System to December 20, 1918, p. 88.

[130] Second Report of the Provost Marshal General, 1918, p. 95

[131] A complete and current index of declarants in the Naturalization Bureau at Washington would have made this a simple matter—but such an index never was up-to-date, and even the attempt to keep it at all was abandoned altogether in 1915–16, as the Commissioner acknowledged in his report for that year.

[132] Second Report of the Provost Marshal General, 1918, p. 96.

[133] Second Report of the Provost Marshal General, 1918, p. 102, Table 30.

[134] Second Report of the Provost Marshal General, 1918. p. 102.

[135] Ibid., pp. 104, 105.

[136] Second Report of the Provost Marshal General, 1918, pp. 101, 102.

[137] Second Report of the Provost Marshal General to the Secretary of War, on the Operations of the Selective Service System to December 20, 1918. pp. 96-97.

[138] Second Report of the Provost Marshal General, 1918, p. 107.

[139] Second Report of the Provost Marshal General, 1918, p. 102.

[140] Scott Nearing in New York Call, April 24, 1919.

[141] Second Report of the Provost Marshal General, 1918, p. 206; Appendix table 77-A, p. 462.

[142] Second Report of the Provost Marshal General, 1918, p. 206, Table 77.

[143] Second Report of the Provost Marshal General, 1918, p. 86.

[144] Ibid.

[145] Report of the Commissioner of Immigration, 1917, p. 1.

[146] Proceedings of the American Sociological Society, 1910, vol. v., p. 57 et seq.

[147] Report of the Commissioner of Naturalization, 1919, pp. 21, 22.

[148] Report of the Commissioner of Naturalization, 1919, p. 37.

[149] See chap. iii on Citizenship, p. 40 et seq.

[150] This was accomplished by the Nineteenth Amendment to the Constitution of the United States. The Fifteenth Amendment, proclaimed in 1870, already prohibited exclusion on the ground of “race, color, or previous condition of servitude.”

[151] This aspect of the matter is admirably discussed by Miss S. P. Breckenridge in New Homes for Old, Chapter VI, on “Care of the Children,” especially pp. 153 et seq., Americanization Studies, New York, Harper & Brothers, 1921.

[152] See chap. ix, p. 255 et seq.

[153] Report of the Commissioner of Naturalization, 1919, p. 16.

[154] Ibid., 1918, p. 28.

[155] Report of the Commissioner of Naturalization, 1918, p. 28.

[156] Report of the Commissioner of Naturalization, 1916, p. 46.

[157] Report of the Commissioner of Naturalization, 1919, p. 73.

[158] Quoted in “The Immigrant Woman and the Vote,” by Vira Boardman Whitehouse, in The Immigrants in America Review, September, 1915.

[159] Ibid.

[160] Quoted in “The Immigrant Woman and the Vote,” by Vira Boardman Whitehouse, in The Immigrants in America Review, September, 1915.

[161] See Table XLV, and accompanying comment, in this volume, p. 362 et seq.

[162] See Appendix Tables of Occupations, Tables LXIII and LXIV.

[163] See chap. ix, on “The Foreign-born Woman in Politics,” p. 296 et seq.

[164] McMaster, History of the People of the United States, 7:370—cited in Warne’s The Tide of Immigration, p. 242.

[165] Moisei Ikovlevitch Ostrogorski, La DÉmocratie et l’organisation des partis politiques, Paris, 1903, vol. ii, pp. 94-95. Translated into English by Frederick Clarke, with preface by James Bryce.

[166] Moisei Ikovlevitch Ostrogorski, La DÉmocratie et l’organisation des partis politiques, vol. ii, p. 345. See also “The Alarming Proportion of Venal Voters,” by J. J. McCook, The Forum, vol. xv; “The Sale of Votes,” by J. B. Harrison, The Century, vol. xlvii; and “Money in Practical Politics,” by J. W. Jenks, ibid., October, 1892.

[167] The Outlook, New York, January 14, 1911, vol. xcvii, p. 42.

[168] William S. Bennet, address, “The Effect of Immigration upon Municipal Politics,” before Conference for Good City Government, and Fifteenth Annual Meeting of National Municipal League, in conjunction with American Civic Association, at Cincinnati, November 15-18, 1909. See Proceedings of National Municipal League, 1909, p. 142 et seq.

[169] Popular Science Monthly, New York, October, 1914, vol. lxxxv, pp. 397-403.

[170] William S. Bennet, address, “The Effect of Immigration upon Municipal Politics,” before Conference for Good City Government, and Fifteenth Annual Meeting of National Municipal League, in conjunction with American Civic Association, at Cincinnati, November 15-18, 1909. See Proceedings of National Municipal League, 1909, p. 142 et seq.

[171] The spirit and methods of the Grand Rapids Americanization Society are described in chap. x, p. 330 et seq., in this volume.

[172] William Bennett Munro, The Government of American Cities, Macmillan, 1912, pp. 36-37.

[173] American Labor Year Book, 1916, p. 133.

[174] Peter A. Speek, Bulletin of the University of Wisconsin, No. 878, 1917, p. 129.

[175] John M. Gillette, The Survey, March 1, 1919.

[176] Paul Frederick Brissenden, Ph.D., The I. W. W., a Study of American Syndicalism, Columbia University, 1919.

[177] Congressional Record, June 2, 1906.

[178] See Appendix, Tables LIX and LX, Analysis of Denials, pp. 433-435.

[179] In an article in Better Times, organ of the United Neighborhood Houses of New York City.