The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-08

meaning OF the term rs used In tho naiuraIzatiog
laws OF the United states
The toll text OF lho decision OF Judge sawyer, CiN
cul Judge, IS given below
In Tie Circuit coart OF the Ualled States Of thu
Ninth judicial circuit 10 and for the District OF Cali
ornia-ln the Matter OF All Yup, applicant tor natu-
rAlzaiion --Ah Yup native aud citizen OF the Em-
pire oil China, OF the Monaghan race, presented
tton IN writing, praying that no DO permitted to
make proof Of The iao!s alleged, and satisfactory
prooi being made, and his taking the oath required
In such cases he be admitted as ctizon Of the
The petition stated all the qualifications required by
the statute To cnttlo tho petitioner nsIurazod
provided the statute authorizes the naturalization Of
native OF China Of the Morgo Tue petition
was presented by Is. J. Brooks, counsellor thIa
Court This being the arst application made by ma
tive Chinanan Tor NATURALIZATION, the members OF the
Bar we're requested by tho Court mako such sug-
gcsons ainci cnrG AS occurred to them upon oiihor
side OF the question; wnereupon s. Heydenioidt. Jr.
argued the very fully opposition the sppi.
cation suggestions were also made by other mem.
bors OF the Bar present.
The only question is whether the statute authorizes
tho naturalization OF native Of China OF the Mongo-
Ian race.
In al the acts OF Congress relating TO tho naurali-
eaton OF aliens, from that of April H. 1902, down
the Revised Statutes the i2ngu been that any
alien being reo white person. may Oe admlsled "a
beconoa citizen &c After the adoption OF this
thirteenth ana fourteenth amcndments 10 lie ma
uonal consluton--ihe former prohibiting slavery
and the latter declaring VINO shall be ctzons-Con-
razatop laws, added The following provision:-
'.fhaL the GENERALIZATION laws are hereby extended
TO acns 81 African nativity and 70 persons Of African
dssccnt." (lO Stat, 2o6, soc.
Upon tho revision OF the statutes the revisors,
probably Inadvertently, as Congress dd not contem-
plate change IN the laws III fcrce-omtted the
words white persons" section = 165 OF tho Revised
Statutes, being ine section comforting tho rlgal
reaang:-"An alien may DC admitted 10 become
cltizen,' &c lie provision relating 70 Africans Of
the act OF 1870 IS cfre iuto the Revised Statutes In
u separate section, which rcads US loilows:-
.ihe provisions OF thls Ac shail apply aliens Of
African nativity ana to persons oil African descent"
(Scc,ion =, lCy) This section by tho
'Act to correct errors and 10 supply omissions
Revised Statutes OF tho United States, . Of February
IA nj at ststa
shall apply To aliens, being Tree white persons aud Il
aliens Of African nativity, and 10 persons OF Aircar
| the statute now stands
| The questions arc:-
| Fi,si-Is person OF the Monaghan race rwhin
person witnin me meaning OF The statutef
Sec0nd-Do those provls exclude all but white
| descentl
| Words III a statute, other than tcchlicai terms,
should DC taken IN their Ordinary sense Tho words
white person." US wen argued by politioa-
| er's counsel, taken In strict literal sense,
constitutes very indefinite description OF
to DO literally white, and those called white
blonde 10 tho most swar.hy brunette. Sut tncse
words, IN this country ~ aaat. have undoubtedly
| CURED wei settled meahin: N common popular
speech, aud they are constantly used the
acquired IN tno literature Of tue country, as well as
| IN contain par!ance. A. ordinarily used anywhere
In the United States one would scarcely fail TO UNDER
| stand tho party employing tho words IA white
person" would inteud person OF the Caucasian race
In speaking VI the various ciasslcations oil races
| Webster, III his dictionary, says:--"The common
classification Is that OF Bumcnbach who makes
i've. First the Caucasian, or white rice, to which be-
! long the greater part OF the European nations aud
those Of Western Asia; second, tho Mongolian or
| yellow race. occupying Tartary, China, japan SC.
third, the Ethiopian, negro lbiack) race occupy.
ting al Africa, except the North; iourth tue Ameri
cai, race, containing the Indians OF North
| South America and litn, the Malay or brown race.
and occupying the Islands OF the Indian Archipelago
| &c Inis DIVISION was adopted from Buiion with
| some changes IN names, aud Is founded
bined characteristics OF complexion, hair aud skull.
Llnu;eus makes four divisions on the color
1 no + - Il.
lean, coppcry; thrd, Asatic tawny; ana iourths
4 African, black. Cuver makes thrce-caucasan, Mon.
| COL negro. others make many more, but mono IN.
cludc the white or Caucasian with the Monaghan OF
yellow race; and none oil those Installations, rccog-
nizng color OF tho dstingu isaing characters
tics, include the Monaghan III the wnito or whitisE
race (Secsion - "New American Cycopedia" title
Neither in popular language. In literature, nor In
scientific nomenclature do wc ordinarily. u evcr,
I sense comprehensive as TO include an
Individual Of the Mongoiian race. Yet, III
| a, color, Notwithstanding its indclnitcncss
as word or description, is madc important factor
IN the laws adopted Tor the determination aud ciassh
cation OF the races. am not aware that tho term
"whto PERSONS as used IN tho statute us they pavo
stood from lo02 I'LL tbs 1ato revision, was ever sup
posed 10 INCLUDE Mongolan, while hud nothing IN
the history OF the country, in common or scicpunc
usage or IN legislative proceedings. To Indicate thai
Congress intended to Include IN tue term wntc per-
SOM any other than an tIdividuai OF the Caucasian
race do not and much IN tho proceedings Of Con
that body, ITS Legislation, that excluded
Mongoiiaus. Al tho tino OF tho amendment, IN 1870
extending naturalization laws African
| Mr. sumner made repeated aud strenuous efforts to
strike tho word 'whiie from tho Naturalization laws
or to accomplish tho same OBJECT ~ other language
IL opposed the solo ground that
tho elect would be to authorize tho admission
| OF Chinese TO c.izcnshp Eyory Senator who
spoke upon tho subject assumed taat they wore then
| excluded by the Term 'whtc person" and that tho
| amen rncnt would admit them, and the amendment
| was advocated The one hand aud opposed on tno
other upon thai single idea senator Morton, In thu
course OF the discussoa, sad This aineniment IN
| wolves tho wnoo Chinese problem. Tho
|
enormous magatude OF tho question Involving pos.
sibc Inning ration OF many millions; involv w another
civilizations; involving labor prob that intellect
can solve without study and time. Arc you now pre-.
pared 10 setlio the Chinese problem thus IN advance
inviting, misraonso tCongress.oaat Globe part
| q. lsGy-70. page 5.l22) Senator sumner replied: :
| reminding OF I'll, possibility OF large numb era
| snarmng from CHINA; but tho answer 10 all tnls 10
very obvious and very simple II The Chinese como
| here they viii come tor citizenship merely Tor
| labor. II they come Tor ctizinship tbcn In this dc.
sire d. they give pledge Of loyalty TO our nsti.u.
tons. And where Is the peril IN such vowsy They
arc peaceful ana INDUSTRIOUS How their citizen.
shp DO the occasion of solici,udos" 49,. Q, 1857
Many other Senators spoke pro aud con on the
question, this being the point the 10, pascs
5.l2i 5,l7 II was aaiy defeated, tne amend.
ment ced extending tho right oil naturalization 70 thu
African only, adopted. 10 clear these pro.
ceilings that Congress retained the word "wnte' In
the naturalization laws Tor the sole purpose Of excluding
tho Chinese from the right " GENERALIZATION Again,
when IT was found that tho term 'wbits person. had
been omitted "a the REVISED Statutes II was restored
by tue act passed. Ito correct errors ana 70 supply
omissions" In tho Revised Statutes before cited. Upon
| reporting TINS b, Dir. Poland CHAIRMAN OF the COM
mitiee. explained the various amendments correct.
| igg errors, aid upon tho amendment 70 inscrt the
words ''bcing free white PERSONA said, "fho orig
inaI naturalization laws only extended 10 Tree white
| persona" very lew years since I'm
1870 Mr. sumner, OF Massachusetts, then IN Tho
senate moved TO strike out Tho word waite from tho
| Natur iiization laws aud 10 vas objected tno
ground ,uat that would authorize Tho naiuraz alton
OF that class Of AsiItc immigrants that pcnti.
| iu on the Psclnc coast Alter considerable debate,
instead OF striking out The nora WHITE u was pro.
yGcd that the Naturalization laws should extend 10
the Africans and persons OF African descent" Aitcr
explaining the commission ia tho Revised statutes no
adds :'ihc member OF our committee who had thls
chapter on the Naturalization laws to examine rs \
sub connitlco alIcd notice this change the law,
II would have been brought before tue House when
tho royision was adopted tCyHJresstoHdL Record,
VOL j. Part =, session 1915, %. l,Osil.
Upon this report the Amendment was mado M
! " now sttnds In tue statute Thus whatever iati-
tudparian construction night otherwise be gwen
10 tho term "wnito person" ~ Is entirely
coar that Congress Intended by this legislation
La mn In