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tack upon any of them. And all the their contribution concord and Powers, except China, which had no peace, but at no sacrifice of national privilege to sacrifice, renounced oppor
pride, with no regret or resentment to tunities for commercial or political gain
later flame in conflict.
Some relinquished certain rights or in the Far East, and most of them even
prerogatives which they had asserted, existing rights and spheres of influence.
notably in the settlement of the The treaties pledging these acts of
Shantung controversy, dealt with in a renunciation are seven in number, and covenant quite apart from the group are thus described by President Harding herewith submitted. But every conin submitting them to the Senate:
cession was a willing one, without
pressure or constraint. The covenant of limitation to naval
It is not necessary to remind you armament between our Republic, the
that the Conference work was not British Empire, France, Italy, and
directed against any Power or group Japan.
of Powers. There were no punishThe treaty between the same Pow
ments to inflict, no rewards to beers in relation to the use of subma
stow. ... The conclusions reached and rines and noxious gases in warfare.
the covenants written neither require The treaty between the United
nor contemplate compulsive measures States, the British Empire, France,
against any power in the world, sigand Japan, relating to their insular
natory or non-signatory. The offerpossessions and their insular dominions in the Pacific.
ings are free will; the conscience is
that of world opinion; the observance A declaration accompanying the
is a matter of national honor. Four- Power Treaty reserving American rights in mandated territory.
The effect upon the nations assembled An agreement supplementary to
of this practice of mutual renunciation the Four-Power Treaty defining the
is described by the President as folapplication of the term "insular pos
lows: sessions and insular dominions," as relating to Japan.
I can assure you the nine Powers A treaty between the nine Powers have been brought more closely toin the Conference relating to princi- gether, they are stancher neighbors ples and policies to be followed in and friends, they have clearer and matters concerning China.
better estimates of one another; they A treaty between the nine Powers have seen suspicion challenged and relating to the Chinese customs tariff. selfishness made to retreat, they have
keener and more sympathetic underAccompanying the treaties were "the
standings, and they are more strongly complete minutes of both plenary ses- willed for right and justice in intersions and committee meetings and a national relations than ever before. copy of the official report” to the Presi
In particular, the effect of this Condent "by the American delegation to the Conference.” As the President pointed
ference upon the policies of the United
States was thus stated by the President: out, the transmission of such full accounts of the negotiation of treaties is I am not unmindful, nor was the unprecedented, but it is, to use the
('onference, of the sentiment in this President's words, evidence of “that
chamber against Old World entangle
ments.... I can bring you every open and simpler diplomacy for which
assurance that nothing in any of the world has asked and the practice of
these treaties commits the United which contributed largely to the success
States, or any other Power, to any of the Conference so recently adjourned." kind of an alliance, entanglement, or
Such renunciation as is recorded in involvement. ... It has been said, these treaties would not be possible ex- if this be true, these are mere meancept by agreement among nations which ingless treaties, and therefore valuefelt themselves warranted in exercising
less. Let us accept no such doctrine
of despair as that. If nations may mutual trust. "It was," said the Presi.
not establish by mutual understanddent, “a conference of friends, proceed
ing the rules and principles which ing in deliberation and sympathy."
are to govern their relationship; if a In renouncing elements of naval
sovereign and solemn plight of faith strength the nations were first assured by leading nations of the earth is of mutual renunciation in claims and valueless; if nations may not trust ambitions. Without limitation in poli- one another, then, indeed, there is litcies there would have been no limitation
tle on which to hang our faith in adin battleships. Therefore, as the Presi
vancing civilization or the further
ance of peace. dent declared, "the particular justification of this progressive and highly grati- Speaking in particular of the Fourfying step was the settlement of the Power Treaty, which, as he said, “coveinternational problems of the Pacific, nants the respect of each nation's rights attended by new understandings in place in relation to its insular possessions," of menacing disagreements and estab- the President pointed out that there was lished sureties instead of uncertainties no “war commitment;" for, as he said, which easily might lead to conflict." “in case of controversy between the
The President was stating only a fact, covenanting Powers it is agreed to connot an opinion, when he said that "the fer and seek adjustment, and if said Powers in this Conference sought no con- rights are threatened by the aggressive cert to dispossess any Power of its rights action of any outside Power, these or properties," and added:
friendly Powers, respecting one another, All the signatories have given up
are to communicate, perhaps confer, in certain rights which they had, as order to understand what action may be
taken, jointly or separately, to meet a menacing situation."
In dealing with this specific treaty, as with the seven treaties jointly, the President emphasized the fact that there was no international force erected to which to appeal and not even any promise to use national forces in a joint enterprise of enforcement. Although he pointed out the moral warning implicit in a conference of the four Powers, he stated, with a repetition of phrase that seems still to be needed in order to make a simple thing plain, that
There is no commitment to armed force, no alliance, no written or moral obligation to join in defense, no expressed or implied commitment to arrive at any agreement except in accordance with our Constitutional methods.
Recognizing the fact that the United States is a part of the world and "can no more do without international negotiations and agreements in these modern days than we could maintain orderly neighborliness at home without the prescribed rules of conduct which are more the guaranties of freedom than the restraint thereof,” the President strongly supported the doctrine that such international negotiations among friendly Powers are more soundly based upon trust than force. He did so by this declaration:
Frankly, Senators, if nations may not safely agree to respect each other's rights, and may not agree to confer if one party to the compact threatens trespass, or may not agree to advise if one party to the pact is threatened by an outside Power, then all concerted efforts to tranquilize the world and stabilize peace must be flung to the winds.
Briefly outlining the events which led in succession to our treaty relations with China, to our peculiar connection with Japan as the opener of her gates to the world, to our acquisition of Hawaii, and to the presence of our flag in Samoa, the Philippines, and Guam, the Presi. dent showed how the Pacific and its menaces have deeply concerned us and asked, "Why should we not make reciprocal engagements to respect the territory of others and contract their respect of ours, and thus quiet apprehension and put an end to suspicion?" And he added: "I am ready to assume the sincerity and the dependability of the assurances of our neighbors of the Old World that they will respect our rights, just as I know we mean to respect theirs."
This is the Harding doctrine of achievement by renunciation. Whether it is a sound doctrine or not I do not undertake to discuss; I am simply concerned in pointing out what that doctrine is and indicating that it is different from the doctrine of achievement by force and is not to be confused with it. It is this doctrine of renunciation which explains the origin, the proceedings, and the product of the Armament Conference at Washington,
Clinedinst from Keystone
A JAPANESE REPRESENTATIVE SIGNING THE TREATY Baron Shidehara is standing at the end of the center table preparing to sign. Admiral Baron Kato, who is signing the treaty, is hidden from view. At the corner of the table to the left is Mr. Hanihara, another of the Japanese delegates. At the large table in the shape of a horseshoe is seated, in the farther corner at the left, the Japanese interpreter. To the right of the vacant space is M. Jusserand, the French Ambassador to the United States, and next to him, just around the corner of the table, is M. Sarraut, the hea of the French delegation. Next to him are, successively, Senator Underwood, Mr. Root, Senator Lodge (with his hands clasped in front of him), Secretary Hughes, Mr. Balfour (with his face toward the reader). At the extreme right of the picture is Lord Lee of Fareham. Sir Auckland Geddes, the British Ambassador, is represented only by his hand. Along the nearer side of the table, from right to left, are Sir Robert Borden of Canada, Senator Pearce of Australia, Sir John Salmond of New Zealand, Srinavasa Sastri of India, and the three Italian delegatesSenator Schanzer, Ambassador Ricci, and Senator Albertini. Among the ladies in the box beyond the flags is Mrs. Harding. In front of the flags are the American advisers. Under the balcony in the front rows are the French advisers, and in the rear are press representatives
THE GOATS' OUR FOREIGN-BORN WHO CAN'T BE NATURALIZED, AND WHY
BY PAUL LEE ELLERBE
FORMERLY CHIEF NATURALIZATION EXAMINER AT DENVER
F you work for the Government, Suppose, conservatively, that the for- all of them in two words: Red tape.
there are few things in the gamut tunes of each are linked up with a fam- If you had it wound about your neck
of the objectionable that you can't ily of four. That's 76,000 people as tightly as I used to have to help wind do and brag about afterwards in print, enough to populate Jacksonville, Florida, it about theirs, you'd give up too. if only you can persuade Congress to say-disappointed by our Government in The whole of the naturalization pass the right kind of a law on the sub- “the fiscal year ended June 30, 1921." routine is printable only in a neat gray ject. Nor is this as difficult as the And just for a rough approximation, pamphlet, but consider the simplest posaverage hundred percenter thinks it is. suppose the figures were the same every sible statement of the most important Every now and then Congress passes a year; the total for the last ten years parts of it. law without knowing what it means, would be 760,000, which is more people Leaving entirely out of consideration and I have helped enforce at least one than there are in the State of North the great gaunt West, where some of of its statutes that nobody knew the Dakota.
the naturalization courts hold hearings meaning of.
Now disappointed people are a nui- only once a year, and where I have You do your bragging in a pamphlet sance, even when they are as voiceless known homesteaders, too poor to own bearing the imprint of the Government and as patient and forgiving as the horses and waiting for citizenship in Printing Office and the seal of your de- foreign-born population of America. order to prove up on their land, walk partment. And nobody reads it. That They are a kind of slow poison. A twenty-five miles every time they were is, nobody who understands it. Except standard of reasonable efficiency de called to court-leaving all that out enof course those who helped you do the mands that we turn out no more of them tirely, consider what you'd have to do if job. And so you are quite safe unless than necessary.
Was it necessary to you were an alien and applied for citione of them takes a notion to translate disappoint these 760,000? If it was, zenship anywhere in the United States. your official cant into plain English. we've got a good thing in our elaborate The actual work of naturalization is
I'm going to do that to a few pages protective machinery, with its official done by the courts. The report before of the “Annual Report of the Commis- force of 2,772, its 393,888 documents ex- me says that there were 2,265 of them sioner of Naturalization to the Secretary amined, its million pieces of mail attending to it in 1921. The first thing of Labor. Fiscal Year Ended June 30, handled, and half a million people inter- would be to go before the clerk of one 1921." viewed per annum.
within whose jurisdiction you resided, For ten years I worked for the Com- Well, it wasn't.
pay a dollar, and file a declaration of missioner. For three years and a half Of the fifteen reasons for denial intention, or first paper, declaring your I was one of his chief examiners, in enumerated by the Commissioner, two intention to renounce your own country charge of the naturalization work of go unequivocally into the merits of the and, in due time, to join this one. five Western States. I happen to know matter, "Immoral Character" and "Ig- Then, not less than two nor more than what his neat gray annual report really norance." "Immoral Character" speaks seven years thereafter, you'd follow that means.
for itself. And “Ignorance” covers those up by paying four dollars and filing in He says in it that during that year who didn't appear to know enough to the same or, in case you had moved, in his official force (given by him in 1919 exercise the rights of citizenship intelli- another court a petition stating that you as 2,772 persons) examined 393,888 docu- gently. Those are real reasons why we had been in the United States at least ments, interviewed half a million peo- need a naturalization service: to keep five years and in the State of filing at ple, and handled over a million pieces out the morally undesirable and those least one year, and that you were atof mail.
who don't care enough about us to tached to the principles of the ConstituWhy? To put it simply, for the pur- understand our system of government. tion, and a good deal more. You'd have pose of separating the sheep from the
How many of them did that official force to have two witnesses, citizens of the goats among the foreign-born people of 2,772 find during 1921? A little more United States, verify your petition by who applied for citizenship. There were than half a one apiece. One thousand signing affidavits to the effect that they 182,637 such people in the fiscal year eight hundred and thirty-nine, out of had known you five years in this counended June 30, 1921, and, according to 182,637 who applied. A trifle more than try and had personal knowledge that the Commissioner, ten out of every hunone per cent.
you were a person of good moral chardred of them were goats. In other What were the other 17,142 citizen- acter, etc. words, 18,981 filed petitions for naturali- ship seekers denied for?
That done, you and your witnesses zation that were denied.
By far the largest number, 5,215, who might very possibly have stood in Nothing short of a trigonometry book
almost one-third, for--what would you line for many hours to get to the clerk's could look duller than the table of tiny
suppose? “Want of Prosecution.” That desk-would have to go to the office of figures in the lower right-hand corner
is, they paid their money, filed their the Chief Naturalization Examiner and of which the gist of that information is
petitions for naturalization, and then be thoroughly examined all over again. contained. And yet, if you had stood
gave up. If there was any way to make This might be the same or another day. where I stood for a decade, guarding 164 Congress realize the poignancy and the Very frequently it's another day, and of the intakes through which these peo- volume of deferred hope hidden behind takes the whole of it, for you and your ple into citizenship, watching those figures (for one year alone!), witnesses. And often you have to pay their faces, hearing their stories, seeing things might be changed. It can only be the wages your witnesses lose, and their the difficulties that confront them, you'd suggested here.
traveling expenses if a journey is necesfind those little figures swelling them
Why did they give up, these 5,215 sary on filing day and then on examinaselves out into an army of 18,981 human alien friends who spent their money tion day. beings, and you'd want to know why
and their time getting themselves le- Yes, and then again on hearing day, they were turned back from the Gates
gally on record to the effect that they and if your case happens to be continof Hope, and whether it was necessary. wanted to be Americans? Out of an ued, on two hearing days, or more. For
! The second of two articles by Mr. Ellerbe intimate and extended personal know). the next step is the hearing of your case on the problem of naturalization,
edge I give you the answer for nearly in open court, before the judge, at least
Last week we
lichad "Trentino 111nnn"
SHIP IN THE
TION OFFICE AT
three months after you filed your petition,
Again you'd have to see all that in terms of human beings to know what it means, and I haven't the space to try to make you. But perhaps this bare outline will give you a hint of why 5,215 petitions were denied in 1921 for "Want of Prosecution," and at the same time serve as a background for explanations of the other causes of denial.
The next largest one is "Miscel. laneous.” Four thousand six hundred and fifty-two under that. One thousand seven hundred and thirty-six of these, the Commissioner says, were “reported denied because claimed exemption from military service on account of alienage." The reasons for the denial of the other 2,916 would require an article in themselves. They are akin to those examined here.
Then comes “Incompetent Witnesses." Three thousand and fifty-eight cases denied for that. The witnesses turned out not to have the personal knowledge of the applicants required by the statute. Nearly all of them thought they had it; swore they had it; acted in good faith. I have examined thousands of them, and I know that to be true. Wouldn't you think that when it was discovered that they were honestly mistaken the men whose petitions they verified would be allowed to go out and get other, competent witnesses to take their places and go on and complete the process begun so often at the cost of so much time and money and inconvenience? How would the great Republic suffer? But not a bit of it. The 3,058 petitions so verified all had to be denied, the time spent wasted, and the (at least) $12,232 paid in lost. (Heaven only knows what the amount really was—it might easily have run to $100,000 with wages what they were.)
And the only thing the applicants could do was to begin again by filing new petitions. And in the meantime of course the declarations of intention of many of them had expired and had to be renewed, and that meant an additional delay of just two years. No wonder some of them feel that they are caught in a vicious circle of alienage from which there is no escape.
Perhaps you will turn hopefully to the next most important heading in the Commissioner's table of figures. You will not find sustenance there for our American quality of optimism. You will learn from it that during the fiscal year ended June 30, 1921, 1,848 petitions for naturalization were denied on account of “Declaration Invalid.” “Declaration" is declaration of intention, or first paper. Most of these 1,848, and all other invalid declarations, were either invalid the day they were made, on account of the mistakes of the clerks who issued them, or became invalid by the lapse of the statutory seven years, and in either event should not have been accepted by the clerks who subsequently permitted their holders to use them as bases for peti
tions for naturalization. But just the setting in motion the whole machinery same this whole army of people had to of a court? Yet 274 citizens of the go through all the process I have out- United States, in order to prove themlined and get an official order of denial selves such, had to do just that during over the hand of the Court before they the year under consideration. They could find that out.
were people the record of whose natSix hundred and twenty-five cases uralization had been destroyed, who were denied because of "Petitioners' Mo- came into citizenship through the operation;" that is, the people who filed them tion of some obscure or ambiguous asked that they be denied—for some statute, etc., etc. The Naturalization reason or other gave up hope and with- Service investigated the facts in the drew.
case of every one of them. Why not “Deceased.” Five hundred and thirty- confer upon that service the power to three of those in 1921. One would like issue immediately at the close of such to know how long their petitions had investigations satisfactory proofs of been pending when they died.
citizenship? It is very much better Then comes "Insufficient Residence." equipped to pass upon points of this with 313 turned back for that. They kind than are the courts, which in had not "resided continuously within ninety-nine per cent of such cases only the United States for five years and follow its recommendations, anyhow. within the State for one year imme- To carry on the story, 261 of them diately preceding the dates of their were denied without protest in 1921 for petitions." Some of them went back to "No Jurisdiction." Which simply means the old countries for visits, some of that careless clerks let them file (and them left the States in which their pay!) in the wrong courts, or else that petitions were filed on business trips they had to move to other parts of the and for other reasons. But they didn't country after filing and were penalized conceal it. If they couldn't be naturalized, for it. why not tell them so and save them all "No Certificate of Arrival” is perhaps that journeying and standing in line and the extremest instance of injustice in filing and paying and oath taking? this exhibit. A certificate of arrival is
I suppose it's because they aren't a piece of paper issued by the DepartAmericans and rarely protest, and the ment of Labor to aliens who arrived in rest of us are too concerned with other the United States after June 29, 1906. matters to protest for them.
But the Department of Labor does not "Already a Citizen." Doesn't it seem give these certificates to the aliens at that we could devise some way whereby the time they arrive, nor, in fact, at any a man who was already a citizen of a time at all, but issues them only when nation as intelligent as this one could the aliens have signified their readiness establish his title to that status without to file petitions for naturalization, and going through the complicated process
then only upon written application of applying for what he already had and made through the clerks of the natural