consciously intended to exclude every race save European whites, that should not prevent us from broadening our outlook and treatment of the great races of Asia, should the new era of human history upon which mankind is rapidly entering require it.

In view of the modern world as described in our first chapter, and of the many facts and considerations presented in this and the intervening chapters, we contend that the time has come for the United States to adopt a new policy in regard both to immigration and to naturalization. Let us establish the rigid regulation of immigration from every country, fixing the annual maximum permissible immigration on the basis of their Americanization. Let us establish high standards of naturalization and provide for their strict administration. On the basis of this rigid regulation of immigration and naturalization, let us amend our laws dealing with eligibility for citizenship so as to give this privilege to every individual who qualifies regardless of his race or place of birth.

Such a policy as this, we contend, is required by American ideals of thoroughgoing democracy. To the consideration of this contention the following chapter is devoted.

NOTE: The author is indebted to the "Ozawa Brief" for many important suggestions. Mr. Ozawa took out his first papers in California in 1902 and applied for naturalization in Honolulu in 1915. Upon refusal, at the recommendation of the local court he appealed to the Ninth Circuit Court. This Brief argues that the Act of 1906 is a "uniform rule" and is not controlled by Section 2169, which section applies only to those " specially excepted classes provided for in the unrepealed sections in Title XXX." The case has already gone to the Supreme Court but is not likely to be taken up before the autumn of 1918.

CHAPTER VI

DEMOCRACY AND CITIZENSHIP

NEW JAPAN and New China have rendered obsolete the past policies of the United States in dealing with those peoples. In seeking, however, to formulate the nature and the specific forms of the new policy now needed, many principles and factors must be kept in mind.

The new policy must be in harmony with the fundamental principles of the Constitution of the United States no less than with the general principles of human right and justice. The United States is engaged in one of the most important experiments in government that has ever been made-democracy. We are under obligations not only in loyalty to our ancestors to carry through this experiment to genuine and full success, but we are under still greater obligations to our descendants and, indeed, to all the world; for their permanent weal or woe depends in no slight degree on the success or failure of our experiment.

We are under obligations, therefore, to eliminate just so far as we possibly can those factors that threaten its success. Beyond question one of the most important and difficult of these factors is that

of race. Democracy among a people thoroughly homogeneous as to race is difficult enough even at the best. Where different peoples and races are involved the difficulty is vastly increased. This is one of the difficulties with which we are faced to-day.

How shall we deal with it? No more important practical question at present confronts our statesmen, our legislators, and the rank and file of our citizenship; for in a democracy every citizen has his responsibility in shaping its policies and in framing its laws.

Now that the world has become so small and all its parts so wonderfully accessible each to the other; now that its commercial and industrial unity has become so intricate and interdependent; now that each important race and people has developed not only self-consciousness, but amazing powers of expansion, the problems of race loom up as never before in human history.

If America, with its vast and imperfectly assimilated populations of diverse peoples from Europe and Africa, west Asia and Mexico, is to make a success of its democracy, she must understand her problem more clearly, and with adequate principles and convictions she must grapple with it intelligently. What, then, are the fundamental principles and ideals upon which the republic of the United States was founded, by which it lives, and upon the thorough application of which alone it can prosper?

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.'

So spoke the founders of the republic in their historic "Declaration of Independence." The Constitution of the United States sought to embody these fundamental principles in concrete form. Elaborate provisions were made for representative government by which not only to secure for assured majorities the final right to direct the government, but also to secure to minorities and especially to individuals their inalienable rights and liberties, which no majorities might take away. As time went on, however, a profound divergence of opinion and practice developed in regard to the Negro. A great civil war was fought over two fundamental questions

First: Are we a true nation or a loose federation from which States may secede at will?

Second: Is our government to be thoroughly and genuinely democratic, or is it to be aristocratic?

From the midst of that war there came an evermemorable utterance calling the nation back to its ideal. "Four score and seven years ago," said our great President of the Civil War, "our forefathers

brought forth on this continent a new nation, dedicated to the proposition that all men are created equal."

And after the war was over important amendments were made to the Constitution, and to the laws of the United States, seeking to express more adequately and to embody more perfectly in the fundamental law of the land the ideals and principles upon which this nation was established. Among the most important of these were the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, and the amendment of the law specifying who were eligible for citizenship by naturalization.

The Thirteenth Amendment forbade slavery and involuntary servitude.

The Fourteenth Amendment provided that "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 indorse 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."

And the Fifteenth Amendment provided that "the rights of citizens of the United States to vote shall not be denied or abridged by the United States