Americanization; Civics; Immigrants -- United States; Naturalization -- United States; Noncitizens -- United States
It may well be doubted whether in normal conditions, and apart from
the suspicion of Germany’s every motive, which is justified by her
conduct prior to and during the war, this statute would have received
any such interpretation in the eyes of the rest of the world; it is
difficult to divorce thought of things German from the world’s state
of mind for which Germany has only herself to thank. Nevertheless,
it is probable that the law was of normal origin, and apologists
for it assert that its design was to meet conditions existing with
reference to Russia, Italy, and France, all of which in some measure
denied the right of expatriation in absence of specific treaty.
Section 36 of the Delbrück Law definitely declares that “existing
treaties are not affected by this Act.” And when the law was under
consideration in the Reichstag, the representative of the German
government, upon being interrogated as to the effect of Sections
25 and 26 upon the Bancroft treaty between the United States and
Germany, replied, in so many words, that the German government was
obliged to look upon every German naturalized in the United States
as an American and nothing else.[30] Space is not available here for
further discussion of the real significance of the Delbrück Law;
suffice it to say that it is the subject of considerable difference
of opinion among the authorities.[31] But it may be said, in general,
that the best American authorities seem to be of the opinion that the
specific renunciation of each and every former allegiance required by
our naturalization process makes it substantially impossible for the
disputed section or any other enactment to operate as creating a dual
allegiance. Such allegiance could exist only in theory at most; in
no practical way could any foreign government enforce it as against
any person living in America. The United States, under the Bancroft
treaty and its own naturalization law, would not tolerate such an
interpretation, and as the “War Encyclopedia” of the American
Committee on Public Information said, “it would be impossible for
a German applicant for citizenship in the United States to avail
himself of this section [Section 25 of the Delbrück Law] without
committing perjury.”
Public-domain text, read in full here on John Shaqi.
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