| In its first words on the subject of citizenship,
Congress in 1790 restricted naturalization to
"white persons." Though the
requirements for naturalization changed frequently
thereafter, this racial prerequisite to citizenship
endured for over a century and a half, remaining in
force until 1952. From the earliest years of this
country until just a generation ago, being a
"white person" was a condition for acquiring
citizenship.
Whether one was "white," however, was
often no easy question. As immigration reached
record highs at the turn of this century, countless
people found themselves arguing their racial identity
in order to naturalize. From 1907, when the
federal government began collecting data on
naturalization, until 1920, over one million people
gained citizenship under the racially restrictive
naturalization laws. Many more sought to
naturalize and were rejected. Naturalization
rarely involved formal court proceedings and therefore
usually generated few if any written records beyond the
simple decision. However, a number of cases
construing the "white person" prerequisite
reached the highest state and federal judicial circles,
and two were argued before the U.S. Supreme Court in
the early 1920s. These cases produced
illuminating published decisions that document the
efforts of would-be citizens from around the world to
establish their Whiteness at law. Applicants from
Hawaii, China, Japan, Burma, and the Philippines, as
well as all mixed-race applicants, failed in their
arguments. Conversely, courts ruled that
applicants from Mexico and Armenia were
"white," but vacillated over the Whiteness of
petitioners from Syria, India, and Arabia. Seen
as a taxonomy of Whiteness, these cases are instructive
because they reveal the imprecisions and contradictions
inherent in the establishment of racial lines between
White and non-Whites. . . .
. . . Although now largely forgotten, the prerequisite
cases were at the center of racial debates in the
United States for the fifty years following the Civil
War, when immigration and nativism were both running
high. Naturalization laws figured prominently in
the furor over the appropriate status of the newcomers
and were heatedly discussed not only by the most
respected public figures of the day, but also in the
swirl of popular politics. Debates about racial
prerequisites to citizenship arose at the end of the
Civil War when Senator Charles Sumner sought to expunge
Dred Scott, the Supreme Court decision which had held
that Blacks were not citizens, by striking any
reference to race from the naturalization
statute. His efforts failed because of racial
animosity in much of Congress toward Asians and Native
Americans. The persistence of anti-Asian
agitation through the early 1900s kept the prerequisite
laws at the forefront of national and even
international attention. Efforts in San Francisco
to segregate Japanese schoolchildren, for example, led
to a crisis in relations with Japan that prompted
President Theodore Roosevelt to propose legislation
granting Japanese immigrants to right to
naturalize. Controversy over the prerequisite
laws also found voice in popular politics.
Anti-immigrant groups such as the Asiatic Exclusion
League formulated arguments for restrictive
interpretations of the "white person"
prerequisite, for example claiming in 1910 that Asian
Indians were not "white," but an
"effeminate, caste-ridden, and degraded" race
who did not deserve citizenship. For their part,
immigrants also participated in the debates on
naturalization, organizing civic groups around the
issue of citizenship, writing in the immigrant press,
and lobbying local, state, and federal
governments.
The principal locus of the debate, however,
was in the courts. From the first prerequisite
case in 1878 until racial restrictions were removed in
1952, fifty-two racial prerequisite cases were
reported, including two heard by the U.S. Supreme
Court. Framing fundamental questions about who
could join the citizenry in terms of who was White,
these cases attracted some of the most renowned jurists
of the times. . . . .
Though the courts offered many different
rationales to justify the various racial divisions they
advanced, two predominated: common knowledge and
scientific evidence. . . . "Common
knowledge" rationales appealed to popular, widely
held conceptions of races and racial
divisions. . . . Under a common
knowledge approach, courts justified the assignment of
petitioners to one race or another by reference to
common beliefs about race.
The common knowledge rationale contrasts with
reasoning based on supposedly objective, technical, and
specialized knowledge. Such "scientific
evidence" rationales justified racial divisions by
reference to the naturalistic studies of humankind. . .
. These rationales, one appealing to common knowledge
and the other to scientific evidence, were the two core
approaches used by courts to explain their
determinations of whether individuals belonged to the
"white" race. . . .
The first reported racial prerequisite
decision was handed down in 1878. From then until
the end of racial restrictions on naturalization in
1952, courts decided fifty-one more prerequisite
cases. These decisions were rendered in
jurisdictions across the nation, from state courts in
California to the U.S. Supreme Court in Washington,
D.C., and concerned applicants from a variety of
countries, including Canada, Mexico, Japan, the
Philippines, India, and Syria. all but one of
these cases presented claims of White racial identity. |