Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1894-07-07
A PECULIAR PROVISION.
Black Persons Can Become Citizens
japanese Cana0t-A Bit &C liter.
eSting History.

A dispatch from Boston. lass.
says Judge Colt, OF the unred
States Circuit Court, on Wednesday
In the case of Shebalto Saito. tie
Japanese who made applications So
court TO become a citizen of the Tioi-
ted States. decided against the tl-
ton. The Judge finds that. Tx be
Chinese, the Japanese do nots ae
within the term white persons. n
presented in tue naturalization iars
of the United States. This IA Tue
first case OF the kind ever brought
before United States court.
Judge Colt. in bis decision, saT1
This is an application of a ne tive
OF Japan for naturalization. The
act relating TO naturalization pro-
vides that 1.-THE provisions of thu II.
tie shall apply Co aliens beix hse
white persons and TO aliens % lri-
can nativity and TO persons of ~
can descent" The Japanese. k
be Chinese, belong TO the Mo1eo-
liam race. and the question preee -
ed is whether they are included Ia
the term white persons"
These words were Incorporates ia
the naturalization laws as early ~
1902. At that time the country 4. at.
Inhabited by three races-the Caue a.
ian, or white race; the Negro. 81
black race; and the American or d
race. 1t Is reasonable, therefore =
infer that when Congress. ia d. =
I mating the class of persons .
could be naturalizsd. insert the az h
flying word white" it intended
exclude from the privilege of citizn
ship all alien races except the Can.
casian.
But we are not without more d Z
rect evidence of the Legislative event.
In 1870, after the adoption oftht
Thirteenth Amendment, to the Con.
stitution, prohibiting slavery. am
the Fourteenth Amendment, declar-
ing who shall be citizens, the oues-
tion OF extending the privilege OF cit-
lzenship to all races of aliens came
before Congress for consideration.
At that time Charles Sumner pro
posed to strike out the word white
from the statute, and ia the long de-
bate that followed the argument on
the part of the opposition was this
change would permit the Chinese
(and, therefore, the Japanese) to he
come naturalizsd citizens. and the
rsply of those who favored the
change was that this was the very
purpose of the proposed amendment
The amendment was finally reject,
ed, and the present provision substi.
tuted, extending the naturalization
laws to the African race.
Again, in the first revIsions of this
statutes in 1873, the words ssbeIuo
free white persons" were omitted
probably through inadvertence
| Under the act of February I6. 1875.
TO correct errors and supply omis-
sions In the first revision this sectIc n
of the statue was amended by insert
Ing or restoring these words.
| The history of legislation on this
subject shows that Congress refused
TO eliminate white" from the stat
utes for the reason that it would
extend the privilege of naturallza-
lion to the Mongolian race. and
that when, through inadvertence
this word was left out of the stat
utes IL was again restored for the
very purposes of exclusion.
From n common popular stand
point. both in ancient and modern
times. the races of mankind have
been distinguished by difference 81
color. and they have been cleobi6 I'd
as tA~ white, blacks yellow; and
brown races.
| Whether this question is viewed IN
the light of congressional intent OF
of the popular or scientific meaning
! OF white persons" or OF the author
lity of adjudicated cases. the onl,
} conclusion am able to reach. aisel
} careful consideration, is that tb,
present application must be denied
Salto has been a resident of thi,
country about fifteen years, and'hai
lived In this city the greater part O
the time. He is married and ha,
several children.