The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-01
The Naturalized Chinaman.

A curious question has arisen in respect
to the rights OF a naturalized Chinaman.
growing out Of the application to the Secre-
tary Of State for a passport for WONG CHIN
Foo. now resident OF this city.
At the present time the laws Of the United
States expressly forbid the naturalization
Of Cinnamon. WONG CHIN Foo. however.
claims to have been admitted to citizenship
by an order OF the Circuit Court at Grand
Rapids. Michigan. In April. 1874. long before
there was any express statutory prohibition
against the naturalization Of Chinese
subjects. and when tho only requirement Of
the law as to the race OF those applying for
naturalization was that they should be free
white persons or aliens of African nativity
or African descent. The Circuit Court in
Michigan must have held that Mongolian
was a white person within the meaning Of
the laws Of tho United States: otherwise 1t
would not have admitted WONG to citizen
ship. A different construction is put upon
tho statute by the State Department
Assistant Secretary WHARTON has de-
clined to grant his application for r
passport on the ground that the
Secretary of State is prohibited from
granting passports to any other persons
than citizens Of the United States. and that
the naturalization OF Cinnamon under the
law. even as 1t existed In April. 1874. was un-
authorized and void.
In this view the State Department Is
sustained by decision which was rendered
in San Francisco in 1873 by the late Judge Lo-
RENO SAWYER OF the United States Circuit
Court. A Chinaman named All YUP applied
to be naturalized. and after hearing his
counsel in behalf of the application. Judge
SAWYER invited argument from other prom
inent members of the bar as dmici curig,
or friends Of the Court. in order to hear
what suggestions they might be able to
offer on tho subject. He subsequently de-
livered a carefully written opinion review
ing tho course Of legislation by Congress
in respect to naturalization from the begin
ming. and holding with clearness and
ability that tho expressions "white
persons" rs used In the naturalization
laws. excludes Mongolians. In this opinion
particular reference Is made to tho debates
In the Senate In 1870. when the law was
changed 80 as to permit the naturalization
OF persons OF African nativity and descent:
and It is shown that Senator SUMNER and
oil the other participants in the discussion
assumed that Cinnamon were necessarily
excluded from naturalization by the law as
1t then stood. which provided for the ad-
mission to citizenship OF white persons only.
Judge SAWYER also maintains by reference
to the various systems Of chronological CLASH
hcation. that wherever color is tho basis of
distinction the Mongolian or yellow race of
mankind constitutes one class and the eau
casian or white race another. This decision
OF the United States Circuit Court In Cali
fornia. being the highest judicial authority
which has yet expressed an opinion on the
subject. Is properly followed by the State
Department. It certainly presents
powerful argument that Assistant Sec
rotary WRARTos Is thereby justified In
holding that WoNa CHIN Foo was not le-
gally nsturalized by the Michigan court.
and Is therefore not person to whom
passport can lawfully be granted.
It has been suggested that the right OF
WoNo CHIN Foo In this respect can be test
ed by an application to tho courts In the
District Of Columbia for q writ OF mandamus
to compel the Secretary Of State To
issue the desired passport. 1t seems to US
very doubtful. however. whether any such
application would be entertained. The law
does not say that passports shall be issued
to applicants. but provides merely that the
Secretary OF State nsay grant and issue