naturalization process was concerned, was paramount and received attention in the act of April 9, 1866 (14 Stat. L., 27), which declared in part:

That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States; and such citizens of every race and color, without regard to any previous condition of slavery or involuntary servitude . . . . . shall enjoy the same right. enjoyed by white citizens..

as is

This was confirmed by the Fourteenth Amendment to the Constitution (July 28, 1868), which reads:

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.

The interest in these enactments lies in the fact that they constituted a species of fiat and retroactive naturalization, eliminating the color line."

On July 27, 1868, another amendment to the naturalization laws was approved (15 Stat. L., 223). In it Congress took firm stand on the question of expatriation, declaring the inherent right of all American citizens to give up their citizenship and swear allegiance to another flag.

During the next five years two amendments to the naturalization laws were enacted: June 7, 1872 (17 Stat L., 262), with regard to naturalization of alien seamen, and February 1, 1876 (19 Stat. L., 2), as to declaration of intention.

The Chinese Exclusion Act of May 6, 1882, now appeared (22 Stat. L., 58, 61) with the following paragraph (Section 14):

That hereafter no state court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed.*

Б

* Exclusion of the yellow races from citizenship came later. Legislation previous to the above contained the reservation "free white alien." The act of July 14, 1870 (16 Stat. L., 254), specified naturalization privileges for aliens of African nativity and of African descent.

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However, by the act of April 30, 1900 (31 Stat. L., 141), all persons who were citizens of the Republic of Hawaii on August 12, 1898, became citizens of the United States. Persons of Chinese race claiming such status were therefore admitted upon producing adequate evidence in support of such claim.

Five years later, February 8, 1887 (24 Stat. L., 388), an act providing for admission to citizenship of certain Indians' was approved.

The last legislation prior to the setting up of centralized control came with the act of March 3, 1903 (32 Stat. L., 1213), which made provision regarding aliens opposed to organized government, violation of the immigration law, and details of recording.

Legislation, thus, during a period of one hundred and thirteen years had made no provision for centralized administration or control of naturalization. There was no central repository of facts; no organization giving heed to the problem as a whole; no unit which might coördinate the work.

The clerks of courts, in effect, provided the scattered field force, but they were not directly responsible, in matters of naturalization, to any central administrative authority.

A steadily increasing volume of immigration now multiplied the problems of naturalization, and the need for administrative control became pressing. The Bureau of Immigration had been urging centralized control of naturalization, particularly stressing the prevalence of fraudulent citizenship papers and the general laxity of supervision.

Period of Centralized Control. As the result of general agitation the President on March 1, 1905, appointed a commission to investigate and report upon the subject of naturalization in the United States. This commission reported on November 8, 1905, and the report was transmitted by the President on December 5, 1905, for the consideration of Congress.'

The report declared the principles of the act of 1802 to be sound, and recommended that they be adhered to."

The general recommendations submitted by this commission (which, with exceptions, formed the basis for the new law) were, in effect, as follows:

'Section 15 of the act of March 3, 1893 (27 Stat. L., 612, 645), provided for the automatic assumption of citizenship by Indians of certain tribes upon acquirement of allotted lands. See also the act of October 25, 1919 (41 Stat. L., 350).

With the exception of the act of 1798 (repealed in 1802) requiring reports to the Secretary of State.

9

59 Cong. I sess., H. doc. 46.

10 The various acts made the following requirements with regard to the minimum period elapsing between declaration of intention and granting of citizenship, 1795, 3 years; 1798, 5 years; 1802, 3 years; 1924, 2 years.

1. Requirement of intent to reside permanently in the United States to be declared under oath in petition for naturalization and shown in certificate of citizenship.

2. No admission to citizenship of aliens unfamiliar with the English language.

3. Abolition of declaration of intention and substitution of petition to be filed ninety days before final hearing.

4. Use of federal courts only, for naturalization, in cities of over 100,000 population.

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5. Wording of certificate to be prescribed by law, printed on safety paper" and distributed to the courts through a controlling administrative agency.

6. Uniform fee for naturalization, a portion thereof to be covered into the United States Treasury.

7. The establishment of a Bureau of Naturalization in the Department of Commerce and Labor.

A Bureau Established. Congress later took action on the report and on June 29, 1906, "An act to establish a Bureau of Immigration and Naturalization and to provide for a uniform rule for the naturalization of aliens throughout the United States was approved (34 Stat. L., 596)." To this bureau was given, in addition to the duties previously provided by law, the charge of all matters concerning the naturalization of aliens.

Steps were taken at once to establish a new organization in combination with the existing immigration work of the Bureau. Specifically, as the first step toward control, a new unit was created within the Bureau of Immigration and Naturalization called the Division of Naturalization to which was given responsibility for administration of the naturalization laws."

Jurisdiction in the matter of naturalization was limited to the United States district and circuit courts and state and territorial courts having a seal, a clerk, and jurisdiction in actions at law or equity in which the amount in controversy is unlimited.”

The act, in its general provisions, became operative ninety days after approval, though certain sections (1, 2, 28, and 29) were effective immediately. The first two of such sections provided for

"Amended by act of May 9, 1918 (40 Stat. L., 542).

"Under direction and control of the Secretary of Commerce and Labor. "Previously any state or territorial court having common law jurisdiction, a clerk, and a seal might naturalize aliens. Specifically the new law repealed Sections 2165, 2168, 2178, R. S., and 32 Stat. L., 1222, Sec. 39.

the organization of administrative offices in the Department of Commerce and Labor and the compilation of adequate records of all aliens upon arrival at port.

The second two sections authorized the Secretary of Commerce and Labor to issue the necessary administrative rules and regulations and provided $100,000 to carry on the work.

14

15

Division of Naturalization Created. On July 14, 1906, the Secretary of Commerce and Labor established the Division of Naturalization in the new Bureau. Copies of the law were distributed, rules and regulations were issued to the courts concerned and a comprehensive filing system at the central office was devised to care for the great number of duplicate records which the new law required.

The process of identifying and recording courts of authority was initiated, and in 1907 for the first time reliable figures as to naturalization were available.

The Courts. The new law was permissive so far, at least, as the granting of citizenship by state or territorial courts was concerned, but made such work obligatory upon United States courts. The new and more stringent requirements of the law, with regard to necessary accounting for records and forms supplied and fees collected, imposed duties upon the clerks of the courts with no accompanying increase in compensation for these new exactions. State court clerks in some few cases refused to coöperate and returned the blanks which had been sent to them. The factor most potent in bringing about refusals to coöperate was the requirement of submitting regular reports even in the absence of any naturalization transactions. As a result certain state court clerks neglected the naturalization work and shifted the burden to the United States courts, often overcrowding the latter.

As a solution of these difficulties, the Division recommended an increase of fees for court service and the establishment of a permanent force of field examiners, who, by preliminary inquiry, might ascertain the admissibility of the alien to citizenship, both as to

"The initial personnel consisted of a chief at $4000, one clerk at $1600, one at $1200, and a messenger at $720. By the end of the fiscal year the force had been increased to a chief of division, assistant chief of division, eighteen clerks of various grades, a copyist, and two messengers, twentythree in all.

15

Courts with authority to grant citizenship numbered, at this time, over

alleged facts and conformity to the law. Such examiners were recommended as deterrents to fraud and a relief to overburdened United States attorneys, and were expected to obviate the necessity for court examinations of applicants as to the truth of statements in their applications.

Changes in Organization. By 1908 the work had resolved itself into definite channels, the five main work divisions including: 1. Preparation of correspondence.

2. Examination of declarations, petitions, and certificates as to their compliance with law in form and execution.

3. Examination of the accounts of clerks of courts with reference to naturalization fees collected.

4. Maintenance of an alphabetical card index of all aliens declaring intention, petitioning for naturalization, and receiving certificates of naturalization.

5. Maintenance of office files.

Under the plan in effect at this time the field examiners who made preliminary inspection of the fitness of applicants for citizenship were employees of, and paid by, the Department of Justice, but were under the nominal supervision of the Division of Naturalization." This arrangement proved unsatisfactory because of divided authority, and hence was discontinued during the fiscal year 1909. It is interesting historically, however, as a definite step on the way toward an adequate field service passing preliminary judgment on citizenship qualifications with a view to saving the time of courts and United States attorneys.

Congress eliminated this dual supervision of examiners by providing for the appointment, on July 1, 1909, of examiners, interpreters, clerks, and stenographers, to carry on the work of the Bureau of Immigration and Naturalization" of the Department of Commerce and Labor, and discontinued the force previously authorized for the Department of Justice for this purpose.

Outside Services Curtailed. During the fiscal year 1910 services had been rendered to the Steamboat-Inspection Service and the

16 These officers consisted of the Assistant to the Attorney General and the assistant district attorneys to represent the United States in naturalization cases.

17

By means of appropriation.-Sundry civil act of March 4, 1909 (35 Stat. L., 945, 982). The appropriation was reduced from $150,000 to $125,000, for this object, and $25,000 for assistants to clerks of courts to carry on naturalization work in their offices was allowed.