Name ___________________
HW Due Date _____________
Date ____________
Period _________
Directions: Read the background information and the primary source information
regarding the opinion of the court on the case of the US vs. Thind and answer the
questions that follow.
US vs. Bhagat Singh Thind
Background
Bhagat Singh Thind (1892-1967) was born in Punjab and came to America in 1913. A
year later, he was paying his way through the University of California at Berkeley
by working in an Oregon lumber mill during summer vacations. When America
entered World War I, he joined the U.S. Army. He was honorably discharged on
16th of December, 1918 and in 1920 applied for U.S. citizenship from the state of
Oregon. Since several applicants from India had thus far been granted U.S.
citizenship, he too was approved by the district court. However a naturalization
examiner appealed this court's decision, and the rest is history.
Feb 10, 1923: Justice Sutherland rules "Hindus" are "aliens ineligible to
citizenship" in United States vs. Bhagat Singh Thind (261 US 204)
What is less well-known is that Bhagat Singh Thind remained in the U.S., completed
his Ph.D., and delivered lectures in metaphysics all across the nation. Basing his
lessons on Sikh philosophy, he enriched his teaching with references to the
scriptures of several religions and the work of Emerson, Whitman, and Thoreau. He
campaigned actively for the independence of India from the British Empire, and
helped Indian students in any way he could. In 1931, he married Vivian Davies and
they had a son, David, to whom several of his 15 books are dedicated.
"You must never be limited by external authority, whether it be vested in a church,
man, or book. It is your right to question, challenge, and investigate."
Ironically, Dr. Thind applied for and received U.S. citizenship through the state of
New York within a few years of being turned down by the U.S. Supreme Court.
United States v. Bhagat Singh Thind
261 U.S. 204 (1923)
MR. JUSTICE SUTHERLAND delivered the opinion of the Court. This cause is here
upon a certificate from the Circuit Court of Appeals, requesting the instruction of
this Court in respect of the following questions:
"1. Is a high caste Hindu of full Indian blood, born at
Amrit Sar, Punjab, India, a white person within the
meaning of section 2169, Revised Statutes?"
"2. Does the act of February 5, 1917 (39 Stat. L. 875,
section 3) disqualify from naturalization as citizens
those Hindus, now barred by that act, who had lawfully
entered the United States prior to the passage of said
act?"
The U.S. Supreme Court
Mintz, S. (2007). Asian American Voices. Digital History. Retrieved 9/25/12 from
http://www.digitalhistory.uh.edu/asian_voices/voices_display.cfm?id=39
1.) What two questions is the court trying to decide in this case?
Section 2169, Revised Statutes, provides that the provisions of the Naturalization
Act “shall apply to aliens, being free white persons, and to aliens of African
nativity and to persons of African descent.”
Mintz, S. (2007). Asian American Voices. Digital History. Retrieved 9/25/12 from
http://www.digitalhistory.uh.edu/asian_voices/voices_display.cfm?id=39
2.) According to this, who is able to become a naturalized citizen?