United States v. Bhagat Singh Thind
Encyclopedia
United States v. Bhagat Singh Thind, 261 U.S. 204
(1923), was a case in which the United States Supreme Court
decided that Bhagat Singh Thind
, who was a Punjabi
Sikh
, settled in Oregon
, could not be a naturalized
citizen of the United States
, because he was not a "white person" in the sense intended in the relevant 1790 statute governing naturalization. Although Thind argued that as an Indian he belonged to the Aryan
and therefore the Caucasian race
, the Court found that "the Aryan theory, as a racial basis, seems to be discredited by most, if not all, modern writers on the subject of ethnology
," and noted that "the Caucasic division of the human family is 'in point of fact the most debatable field in the whole range of anthropological studies
.'" The Court found that the authors of the 1790 statute probably ascribed to "the Adamite theory of creation" and understood "white people" in its popular, and not scientific, sense.
Associate Justice George Sutherland
found that, while Thind, an Asian Indian, may claim to have "purity of Aryan blood" due to being "born in Village Taragarh Talawa,near Jandiala Guru, Amritsar, Punjab" and having "high caste" status; he was not Caucasian in the "common understanding", so he could not be included in the "statutory category as white persons
". George Sutherland wrote in his summary:
The Court concluded that "The term 'Aryan' has to do with linguistic, and not at all with physical, characteristics, and it would seem reasonably clear that mere resemblance in language, indicating a common linguistic root buried in remotely ancient soil, is altogether inadequate to prove common racial origin."
. Specifically, Attorney General Ulysses S. Webb
was very active in revoking Indian land purchases; in a bid to strengthen the Asiatic Exclusion League
, he promised to prevent Indians from buying or leasing land. Under intense pressure, and with Immigration Act of 1917
preventing fresh immigration to strengthen the fledgling Indian-American community, many Indians left the United States, leaving only half their original American population, 2,405, by 1940.
Suggestive of the poor coordination within the legal system of the early 20th century is the fact that Thind applied for and received U.S. citizenship through the state of New York a few years after his original U.S. citizenship was revoked by the U.S. Supreme Court. Numerous other instances exist of naïve clerks, or clerks acting in protest, who granted citizenship in defiance of the Supreme Court.
As public support for Indians grew throughout World War II
, and as India's independence came closer to reality, Indians argued for an end to their legislative discrimination. The repeal of Chinese exclusion laws in 1943 and the granting of naturalization privileges to Chinese encouraged Indians to hope for similar gains. Hurdling over many members of Congress and the American Federation of Labor
, which vehemently opposed removing legislative measures barricading Indian immigration and naturalization, the Indian community succeeded in gaining support among several prominent congressmen, as well as President Franklin D. Roosevelt
. The support culminated in the signing into law by President Truman
on July 2, 1946, of the Luce-Celler Act. This Act reversed the Thind decision, insofar as allowing naturalization to Indians, and set a token quota for their immigration at 100 per year.
In 1965, President Lyndon Johnson signed the Hart-Celler Immigration Act, which phased out the national origins quota system first instituted in 1921. In 1965–1970, 27,859 Indian immigrants entered the United States. Immigration from India in 1965–1993 was 558,980.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1923), was a case in which the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
decided that Bhagat Singh Thind
Bhagat Singh Thind
Bhagat Singh Thind, PhD was an Indian American Sikh writer and lecturer on spirituality who was involved in an important legal battle over the rights of Indians to obtain U.S. citizenship....
, who was a Punjabi
Punjabi people
The Punjabi people , ਪੰਜਾਬੀ ), also Panjabi people, are an Indo-Aryan group from South Asia. They are the second largest of the many ethnic groups in South Asia. They originate in the Punjab region, which has been been the location of some of the oldest civilizations in the world including, the...
Sikh
Sikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...
, settled in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
, could not be a naturalized
Naturalization
Naturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
citizen of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, because he was not a "white person" in the sense intended in the relevant 1790 statute governing naturalization. Although Thind argued that as an Indian he belonged to the Aryan
Aryan
Aryan is an English language loanword derived from Sanskrit ārya and denoting variously*In scholarly usage:**Indo-Iranian languages *in dated usage:**the Indo-European languages more generally and their speakers...
and therefore the Caucasian race
Caucasian race
The term Caucasian race has been used to denote the general physical type of some or all of the populations of Europe, North Africa, the Horn of Africa, Western Asia , Central Asia and South Asia...
, the Court found that "the Aryan theory, as a racial basis, seems to be discredited by most, if not all, modern writers on the subject of ethnology
Ethnology
Ethnology is the branch of anthropology that compares and analyzes the origins, distribution, technology, religion, language, and social structure of the ethnic, racial, and/or national divisions of humanity.-Scientific discipline:Compared to ethnography, the study of single groups through direct...
," and noted that "the Caucasic division of the human family is 'in point of fact the most debatable field in the whole range of anthropological studies
Anthropology
Anthropology is the study of humanity. It has origins in the humanities, the natural sciences, and the social sciences. The term "anthropology" is from the Greek anthrōpos , "man", understood to mean mankind or humanity, and -logia , "discourse" or "study", and was first used in 1501 by German...
.'" The Court found that the authors of the 1790 statute probably ascribed to "the Adamite theory of creation" and understood "white people" in its popular, and not scientific, sense.
Opinion
According to the Court, "Congress, by the Act of February 5, 1917, 39 Stat. 874, c. 29, § 3, has now excluded from admission into this country all natives of Asia within designated limits of latitude and longitude, including the whole of India." Bhagat Singh Thind claimed the right to citizenship as a white person, following the original naturalization statute of 1790. The Court concluded that the 1917 statute applied to Bhagat Singh Thind and thus supported the revoking of his citizenship, per the request of the Naturalization Examiner (who had originally objected to his being granted citizenship).Associate Justice George Sutherland
George Sutherland
Alexander George Sutherland was an English-born U.S. jurist and political figure. One of four appointments to the Supreme Court by President Warren G. Harding, he served as an Associate Justice of the U.S...
found that, while Thind, an Asian Indian, may claim to have "purity of Aryan blood" due to being "born in Village Taragarh Talawa,near Jandiala Guru, Amritsar, Punjab" and having "high caste" status; he was not Caucasian in the "common understanding", so he could not be included in the "statutory category as white persons
White American
White Americans are people of the United States who are considered or consider themselves White. The United States Census Bureau defines White people as those "having origins in any of the original peoples of Europe, the Middle East, or North Africa...
". George Sutherland wrote in his summary:
The Court concluded that "The term 'Aryan' has to do with linguistic, and not at all with physical, characteristics, and it would seem reasonably clear that mere resemblance in language, indicating a common linguistic root buried in remotely ancient soil, is altogether inadequate to prove common racial origin."
Background
Not only were new applicants from India denied the privilege of naturalization, the new Asian classification suggested that retroactive revocation of naturalized status was appropriate, a point that some courts upheld when prosecutors argued that Indians who had applied for naturalized status using the Caucasian categorization improperly had been granted naturalized citizen status. Some of the consequences of revoked naturalized status are illustrated by the example of some Indian land owners living in California who found themselves under the jurisdiction of the California Alien Land Law of 1913California Alien Land Law of 1913
The California Alien Land Law of 1913 prohibited "aliens ineligible for citizenship" from owning land or property, but permitted three-year leases. It affected the Chinese, Indian, Japanese, and Korean immigrant farmers in California. It passed thirty-five to two in the Senate and seventy-two to...
. Specifically, Attorney General Ulysses S. Webb
Ulysses S. Webb
Ulysses Sigel Webb Born in West Virginia, an American lawyer and politician affiliated with the Republican Party. He served as the 19th Attorney General of California for the lengthy span of 37 years. Webb's parents were Cyrus Webb, a civil war captain, and Eliza Cather-Webb. He was educated in...
was very active in revoking Indian land purchases; in a bid to strengthen the Asiatic Exclusion League
Asiatic Exclusion League
The Asiatic Exclusion League, often abbreviated AEL, was a racist organization formed in the early twentieth century in the United States and Canada that aimed to prevent immigration of people of East Asian origin.-United States:...
, he promised to prevent Indians from buying or leasing land. Under intense pressure, and with Immigration Act of 1917
Immigration Act of 1917
On February 4, 1917, the United States Congress passed the Immigration Act of 1917 with an overwhelming majority, overriding President Woodrow Wilson's December 14, 1916 veto...
preventing fresh immigration to strengthen the fledgling Indian-American community, many Indians left the United States, leaving only half their original American population, 2,405, by 1940.
Aftermath
As a result of a U.S. Supreme Court decision finding that no person of East Indian origin could become a naturalized American, the first person of Indian origin to become an American citizen, A.K. Mozumdar, had his citizenship revoked. A decision on his appeal to the Ninth Circuit Court of Appeals upheld that revocation.Suggestive of the poor coordination within the legal system of the early 20th century is the fact that Thind applied for and received U.S. citizenship through the state of New York a few years after his original U.S. citizenship was revoked by the U.S. Supreme Court. Numerous other instances exist of naïve clerks, or clerks acting in protest, who granted citizenship in defiance of the Supreme Court.
As public support for Indians grew throughout World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, and as India's independence came closer to reality, Indians argued for an end to their legislative discrimination. The repeal of Chinese exclusion laws in 1943 and the granting of naturalization privileges to Chinese encouraged Indians to hope for similar gains. Hurdling over many members of Congress and the American Federation of Labor
American Federation of Labor
The American Federation of Labor was one of the first federations of labor unions in the United States. It was founded in 1886 by an alliance of craft unions disaffected from the Knights of Labor, a national labor association. Samuel Gompers was elected president of the Federation at its...
, which vehemently opposed removing legislative measures barricading Indian immigration and naturalization, the Indian community succeeded in gaining support among several prominent congressmen, as well as President Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
. The support culminated in the signing into law by President Truman
Harry S. Truman
Harry S. Truman was the 33rd President of the United States . As President Franklin D. Roosevelt's third vice president and the 34th Vice President of the United States , he succeeded to the presidency on April 12, 1945, when President Roosevelt died less than three months after beginning his...
on July 2, 1946, of the Luce-Celler Act. This Act reversed the Thind decision, insofar as allowing naturalization to Indians, and set a token quota for their immigration at 100 per year.
In 1965, President Lyndon Johnson signed the Hart-Celler Immigration Act, which phased out the national origins quota system first instituted in 1921. In 1965–1970, 27,859 Indian immigrants entered the United States. Immigration from India in 1965–1993 was 558,980.
See also
- List of United States Supreme Court cases, volume 261
- Luce–Celler Act of 1946Luce–Celler Act of 1946The Luce-Celler Act of 1946 was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into law by President Harry Truman on July 2, 1946. It re-established immigration from the Indian subcontinent and the Philippines and granted naturalization rights to individuals...
External links
- Bhagat Singh Thind materials in the South Asian American Digital Archive (SAADA)
- http://www.pbs.org/rootsinthesand/i_bhagat2.html
- http://www.lib.berkeley.edu/SSEAL/echoes/chapter10/chapter10.html
- Full text of case at Findlaw
- Full text of case at Justia