They Who Knock at Our Gates: A Complete Gospel of Immigration

The Law of the Fathers

And these words, which I command thee this day, shall be in thine heart: and thou shalt teach them diligently unto thy children. . . . And thou shalt write them upon the posts of thy house, and on thy gates.

Deut. vi, 6, 7, 9.

If I ask an American what is the fundamental American law, and he does not answer me promptly, "That which is contained in the Declaration of Independence," I put him down for a poor citizen. He who is ignorant of the law is likely to disobey it. And there cannot be two minds about the position of the Declaration among our documents of state. What the Mosaic Law is to the Jews, the Declaration is to the American people. It affords us a starting-point in history and defines our mission among the nations. Without it, we should not differ greatly from other nations who have achieved a constitutional form of government and various democratic institutions. What marks us out from other advanced nations is the origin of our liberties in one supreme act of political innovation, prompted by a conscious sense of the dignity of manhood. In other countries advances have been made by favor of hereditary rulers and aristocratic parliaments, each successive reform being grudgingly handed down to the people from above. Not so in America. At one bold stroke we shattered the monarchical tradition, and installed the people in the seats of government, substituting the gospel of the sovereignty of the masses for the superstition of the divine right of kings.

And even more notable than the boldness of the act was the dignity with which it was entered upon. In terms befitting a philosophical discourse, we gave notice to the world that what we were about to do, we would do in the name of humanity, in the conviction that as justice is the end of government so should manhood be its source.

It is this insistence on the philosophic sanction of our revolt that gives the sublime touch to our political performance. Up to the moment of our declaration of independence, our struggle with our English rulers did not differ from other popular struggles against despotic governments. Again and again we respectfully petitioned for redress of specific grievances, as the governed, from time immemorial, have petitioned their governors. But one day we abandoned our suit for petty damages, and instituted a suit for the recovery of our entire human heritage of freedom; and by basing our claim on the fundamental principles of the brotherhood of man and the sovereignty of the masses, we assumed the championship of the oppressed against their oppressors, wherever found.

It was thus, by sinking our particular quarrel with George of England in the universal quarrel of humanity with injustice, that we emerged a distinct nation, with a unique mission in the world. And we revealed ourselves to the world in the Declaration of Independence, even as the Israelites revealed themselves in the Law of Moses. From the Declaration flows our race consciousness, our sense of what is and what is not American. Our laws, our policies, the successive steps of our progress--all must conform to the spirit of the Declaration of Independence, the source of our national being.

The American confession of faith, therefore, is a recital of the doctrines of liberty and equality. A faithful American is one who understands these doctrines and applies them in his life.

It should be easy to pick out the true Americans--the spiritual heirs of the founders of our Republic--by this simple test of loyalty to the principles of the Declaration. To such a test we are put, both as a nation and as individuals, every time we are asked to define our attitude on immigration. Having set up a government on a declaration of the rights of man, it should be our first business to reaffirm that declaration every time we meet a case involving human rights. Now every immigrant who emerges from the steerage presents such a case. For the alien, whatever ethnic or geographic label he carries, in a primary classification of the creatures of the earth, falls in the human family. The fundamental fact of his humanity established, we need only rehearse the articles of our political faith to know what to do with the immigrant. It is written in our basic law that he is entitled to life, liberty, and the pursuit of happiness. There is nothing left for us to do but to open wide our gates and set him on his way to happiness.

That is what we did for a while, when our simple law was fresh in our minds, and the habit of applying it instinctive. Then there arose a fashion of spelling immigration with a capital initial, which so confused the national eye that we began to see a PROBLEM where formerly we had seen a familiar phenomenon of American life; and as a problem requires skillful handling, we called an army of experts in consultation, and the din of their elaborate discussions has filled our ears ever since.

The effect on the nation has been disastrous. In a matter involving our faith as Americans, we have ceased to consult our fundamental law, and have suffered ourselves to be guided by the conflicting reports of commissions and committees, anthropologists, economists, and statisticians, policy-mongers, calamity-howlers, and self-announced prophets. Matters irrelevant to the interests of liberty have taken the first place in the discussion; lobbyists, not patriots, have had the last word. Our American sensibility has become dulled, so that sometimes the cries of the oppressed have not reached our ears unless carried by formal deputations. In a department of government which brings us into daily touch with the nations of the world, we have failed to live up to our national gospel and have not been aware of our backsliding.

What have the experts and statisticians done so to pervert our minds? They have filled volumes with facts and figures, comparing the immigrants of to-day with the immigrants of other days, classifying them as to race, nationality, and culture, tabulating their occupations, analyzing their savings, probing their motives, prophesying their ultimate destiny. But what is there in all this that bears on the right of free men to choose their place of residence? Granted that Sicilians are not Scotchmen, how does that affect the right of a Sicilian to travel in pursuit of happiness? Strip the alien down to his anatomy, you still find a man, a creature made in the image of God; and concerning such a one we have definite instructions from the founders of the Republic. And what purpose was served by the bloody tide of the Civil War if it did not wash away the last lingering doubts as to the brotherhood of men of different races?

There is no impropriety in gathering together a mass of scientific and sociological data concerning the newcomers, as long as we understand that the knowledge so gained is merely the technical answer to a number of technical questions. Where we have gone wrong is in applying the testimony of our experts to the moral side of the question. By all means register the cephalic index of the alien,--the anthropologist will make something of it at his leisure,--but do not let it determine his right to life, liberty, and the pursuit of happiness.

I do not ask that we remove all restrictions and let the flood of immigration sweep in unchecked. I do ask that such restrictions as we impose shall accord with the loftiest interpretation of our duty as Americans. Now our first duty is to live up to the gospel of liberty, through the political practices devised by our forefathers and modified by their successors, as democratic ideas developed. But political practices require a territory wherein to operate--democracy must have standing-room--so it becomes our next duty to guard our frontiers. For that purpose we maintain two forms of defense: the barbaric devices of army and navy, to ward off hostile mass invasions; and the humane devices of the immigration service, to regulate the influx of peaceable individuals.

We have plenty of examples to copy in our military defenses, but when it comes to the civil branch of our national guard, we dare not borrow foreign models. What our neighbors are doing in the matter of regulating immigration may or may not be right for us. Other nations may be guided chiefly by economic considerations, while we are under spiritual bonds to give first consideration to the moral principles involved. For this, our peculiar American problem, we must seek a characteristically American solution.

What terms of entry may we impose on the immigrant without infringing on his inalienable rights, as defined in our national charter? Just such as we would impose on our own citizens if they proposed to move about the country in companies numbering thousands, with their families and portable belongings. And what would these conditions be? They would be such as are required by public safety, public health, public order. Whatever limits to our personal liberty we are ourselves willing to endure for the sake of the public welfare, we have a right to impose on the stranger from abroad; these, and no others.

Has, then, the newest arrival the same rights as the established citizen? According to the Declaration, yes; the same right to live, to move, to try his luck. More than this he does not claim at the gate of entrance; with less than this we are not authorized to put him off. We do not question the right of an individual foreigner to enter our country on any peaceable errand; why, then, question the rights of a shipload of foreigners? Lumping a thousand men together under the title of immigrants does not deprive them of their humanity and the rights inherent in humanity; or can it be demonstrated that the sum of the rights of a million men is less than the rights of one individual?