The New York herald., 1878-11-28
Admission to Citizenship Of
Wong All Yee.
A CONSTITUTIONAL PROBLEM.
Action Of the Court OF Com
mon Pleas Considered.

mooted one for many years, and the constantly
increasing emigration of that mysterious and thrifty
race has intensified the popular interest in the settle
nent OF this difficult problem The question. although
previously passed upon III California has never been
tested in this city until day before yesterday. when
Judge Larreinore of the Court OF Common Pleas
formally admitted to citizenship Wong All Yec, upon
his application.
OUR NEW CITIZEN.
The new citizen is'a Chinammn of unusual iptelli-
gelice and ability. When nc appeared before Judge
Iarremore for naturalization he was becomingly
dressed in thorough American costume.
and but for his long black hair and
copper colored visagc. would readily have
been taken for sturdy Analo-Saxon. Wong All Yee
brought for his witness John c. Baptiste half
blood, his mother having been Chinese and his father
Portuguese. Both Wong All Yee and Baptste
answered the usual questions put to them by Judge
Larrcmore in remarkably clear and grammatical
English, and with an apparently thorough compre-
henson Of the proceeding The applicant said he had
been resident of New York for past eight years
and had declared his intention OF becoming citizen
of the United States two ago. When about to be
sworn III by the clerk of the court Wong All
Yec questioned closely to his religious
views and his belief III future state of rewards and
punishmcn,s. He said he believed in the existence
OF Supreme Being, and thought he should be pun
ished il he did wrong and rewarded il he did right
IrIshwoman and was dong good cigar-naking bust.
in Baxter street.
Mr.. Jarvis, the clerk of the court. in answer to the
queries Of the HERALD reporter said that he believed
that Wong All Yee had not taken this step for
the mere purpose Of exercising his right
to hold the property which lie had acquired
by his thrift and industry during his residence
no why Cinnamon should not be naturalized
They hads admitted In that court he added, Turks
Persans. Malays. Asiatics and Japanese all of whom
were as highly colored as the Chinaman.
FORMER APPLICATIONS DENIED
Two cases in the United States courts have been
citizenship-one in California and In this
State The California case is very noted
United States Circuit Court before Judge sawyer but
the application denied the ground that y na-
tive OF China OF the Monsoan race is not entitled to
vsed Statutes, as amended in 1875. because Mongo-
liam is white person within the meaning Of
the term used in the naturalization Laws OF the
United States
THE CASE OF All YUP.
Judge Sawyer neld that the term white person" ap-
piled only to the Caucasian race, and said it
understood in popular language, in literature and in
scientific nomenclature 1t was never understood that
this term should include Mongolians but, the
trsry all the proceedings OF Congress show that the
Mongolian race was meant to De excluded. At the
time OF the amendment, in 1870, extending the
naturalization laws to the African Mr. sumner
made repeated and strenuous efforts to strike out the
word white" and opposed the sole ground
that the effect would 10 authorize the Admission Of
Chinese to citizenship. Every Senator who spoke ON
the subject assumed ass, that they We're then es;
that the amendment would admit them. The amend
ment was advocated on the one hand and opposed
the other upon that single idea 1T is clear from
these proceedings Judge Sawyer held, ..that Con-
grcss retained the word white in the naturalization
laws for the sole purpose OF excluding the Chinese
from the right of naturalization The Court there
fore, ruled that native of China OF thelMongoan
is not white person within the meaning Of the
act. sfa4
JUDGE cHoArss DECISION.
This decision made last April and at once be-
came precedent for the courts la other parts OF the
country. On the 10th OF July Charles Miller, Q
Chnainan. who has resided in this city twenty eight
years and who came here when he was under eight
cen years of age. mado application for nAtu-
raization before Judge Choate in the Cir.
eur Gu, p wpmn. ~ epa,, appfon hs, %as maze M Io5
estate when he dies but Judge Choate denied the sp
picaton on the same ground us that taken by Judge
Sawyer in the case of All Yup. II Is in the face u
these and OF this construction of the law that
the Court of Common Pleas acted yesterday in al
hitting Wong All Lee to citizenship, the ruling Of the
STATE Court being III exast opposition to that Of the
federal court here and in California.
JUDGE LARRKMoRL's REASONS.
Judge Iarrenore was found ut his private resi-.
dcnce No. ~ East Sxtieth street, last night by q
HERALD reporter, who aid:-"With your permission
would like to inquire into the particulars OF the case
of Wong All Lee. What has been the practice OF the
courts up to this period?'
"Wcll,' replied the Judge ''the courts have
usually declined to naturalize Cinnamon any Of
the Nngolian race, on the ground that they
provisions OF the constitution"
ION what principle was your action in the present
instance based?''
that he should be naturalizel. considered that hs
was either white black, and that he must come
within the other provision OF the
had heard that Judge Choate had declined TO ma
turalize u Chinaman and sent him a note asking
him about it. asked him upon what case he relied
for the exclusion or Cinnamon for purposes of
turaliaation."
"what was his rcplyy'
"fIe referred me TO the Of All Yup. reported In
the Pacific Coast Lac Journal, volume L. page 1876. He
said that he followed that decision in In this
district but wrote no opinion Ii he had written an
ou pf
courtesy, we always seek to have uniformity In
our courts in these matters.
WANTED, A TEST CASE.
"What WAS your object In granting the papers -
Eve want to have the matter tested.' said the
somebody had to cnaturalized refused naturAixA
what was Wong All Lee 8 appcaranccy'
"You could not tell this from Spaniari,"
said the Judge. II have SpAnaris West India
men. just about the same type. He was bright in
tclligcnt man, and talked English well ~ do.
Altogether, 1 thought would give this matter .
chance to be aired. II is pretty serious question
.what do you suppose Will be the resulty
II do not know whether there viii bc any objec-
tions filed. issued the papers intending to make .
"who Ia TO test ity''
1T may come MP il he should try to exercise
the elective franchise. II he should try to vote he
faiInius from the courts against the inspectors Of
election and the matter would come up regularly. !
States Court"
Are there not certain disabilities under which all
Foreigners labor in common
There are some queer provisions In the Revised
Statutes in relation to aliens. They hold real
estate or be elected to otice."
Perhaps he wants to be elected alderman JudgeY'
well, II may bc so. do not know the exact pur-
pose for which he applied tor the papers He Is
doubtedly going to them for some particular pur-
pose IL IL avery interesting question: tor IL these
Mongollans should come down upon US in stream
u would be a. the Assyrian came down like wolf on
the fold. They would eat us up."
10 fHE COURT or APPEALS.
Would there he any appeal from the State to the
United States Courtsy'
II think that If this case were carried to the high
est court in the State IL would. in view Of
the great constitutional questions involved direct
that the case should bc carried to tho Court
of Appeals OF the United States 1t II
John Cnnaflan standing up to become an American
citizen. negroes are admitted and all othor
foreigners, don't know upon what ground we could
put a refusal to Cinnamon. The constitution pro-
vides for other classes OF color than white and
black, and hold that Cinnamon must within
one u thc other"