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Citizenship Case. Even more newsworthy was Chief Justice Hughes's dissenting opinion this week in a 5-to-4 decision denying citizenship to Rev. Douglas Macintosh, a Canadian, a War chaplain, now professor of theology at Yale, and Marie Averill Bland, a Canadian War nurse with the U. S. Army, because they refused to bear arms for the U. S. in what they considered an unjustifiable...

Author: /time Magazine | Title: JUDICIARY: Liberals Have It | 6/1/1931 | See Source »

...aliens, Dr. Douglas Clyde MacIntosh, Dwight Professor of Theology at the Yale Divinity School and a former chaplain in the Canadian Army, and Miss Marie Averill Bland, who was a nurse in the American Army in France, have been denied citizenship because they made reservations in their promise to bear arms for the United States Dr. MacIntosh "would not promise in advance to bear arms in defense of the United States unless he believed the war to be morally justified", while Miss Bland was willing to swear the oath of allegiance provided it carried the added interpolation...

Author: NO WRITER ATTRIBUTED | Title: CONSCIENCE, THE SUPREME COURT | 5/27/1931 | See Source »

Miss Bland and Dr. MacIntosh made only those reservations which any citizen feels he has a right to make, and which he believes he does make, in time of war. With the present highly organized facilities for propaganda, everyone may rest assured that his cause will be the moral, the just, and the Christian one. It is curious that in applying for citizenship rights, one does not have to offer oath that one will make no act which may lead the country into war, that one will make every effort to contribute to peace in the society of nations. There...

Author: NO WRITER ATTRIBUTED | Title: CONSCIENCE, THE SUPREME COURT | 5/27/1931 | See Source »

Judges sometimes have to make decisions, in expounding the law, which seem to the untutored layman full of unrealities. Take the case of Professor MacIntosh of Yale, just passed upon by the Supreme Court of the United States. A Canadian, he had applied for American citizenship, but naturalization was denied him because he would not take an oath to bear arms in defense of his country, under all circumstances. He wished to reserve the right to decide whether a given war was justified. That plainly involves a legal principle, but one that appears to be entirely remote from the personality...

Author: NO WRITER ATTRIBUTED | Title: The MacIntosh Case | 5/27/1931 | See Source »

...these considerations the Supreme Court necessarily put aside. It had to deal not with an individual man but with a general principle of law. Many had hoped that it would sustain the Circuit Court of Appeals, which had held that Dr. MacIntosh might be admitted to citizenship, on the ground that "the rights of conscience are inalienable rights which a citizen need not surrender." But the majority opinion of the Supreme Court, Chief Justice Hughes strongly dissenting, is that an applicant for citizenship must be willing to support the Government in a time of war. There can be no mental...

Author: NO WRITER ATTRIBUTED | Title: The MacIntosh Case | 5/27/1931 | See Source »

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