In re Saito

• Decision Date: 27 June 1894
• Citation: 62 F. 126
• Parties: In re SAITO.
• Court: U.S. District Court — District of Massachusetts

62 F. 126

In re SAITO.

United States Circuit Court, D. Massachusetts.

June 27, 1894

J Henry Taylor, for applicant.

COLT Circuit Judge.

This is an application by a native of Japan for naturalization.

The act relating to naturalization declares that 'the provisions of this title shall apply to aliens being free white persons and to aliens of African nativity and to persons of African descent. ' Rev. St. Sec. 2169. The Japanese, like the Chinese, belong to the Mongolian race, and the question presented is whether they are included within the term 'white persons.'

These words were incorporated in the naturalization laws as early as 1802. 2 Stat. 154. At that time the country was inhabited by three races, the Caucasian or white race, the Negro or black race, and the American or red race. It is reasonable therefore, to infer that when congress, in designating the class of persons who could be naturalized, inserted the qualifying word 'white,' it intended to exclude from the privilege of citizenship all alien races except the Caucasian.

But we are not without more direct evidence of legislative intent. In 1870, after the adoption of the thirteenth amendment to the constitution, prohibiting slavery, and the fourteenth amendment, declaring who shall be citizens, the question of extending the privilege of citizenship to all races of aliens came before congress for consideration. At that time, Charles Sumner proposed to strike out the word 'white' from the statute; and in the long debate which followed the argument on the part of the opposition was that this change would permit the Chinese (and therefore the Japanese) to become naturalized citizens, and the reply of those who favored the change was that this was the very purpose of the proposed amendment. Cong. Globe, 1869-70, pt. 6, p. 5121. The amendment was finally rejected, and the present provision substituted, extending the naturalization laws to the African race.

Again, in the first revision of the statutes, in 1873, the words 'being free white persons' were omitted, probably through inadvertence. Under the act of February 18, 1875, to correct errors and supply omissions in the first revision, this section of the statute was amended by inserting or restoring these words. In moving to adopt this amendment in the house, it was stated that this omission operated to extend naturalization to all classes of aliens, and especially to the Asiatics; and reference was made to the fact that, a few years before, the proposition of Mr. Sumner, in the senate, to strike out the word 'white,' had been defeated, and that the committee only proposed, by restoring these words, to place the law where it stood at the time of the revision. The debate which followed proceeded on the assumption that by restoring the word 'white' the Asiatics would be excluded from naturalization, and the amendment was adopted with this understanding of its effect. 3 Cong.Rec.pt. 2, p. 1081.

The history of legislation on this subject shows that congress refused to eliminate 'white' from the statute for the reason that it would extend the privilege of naturalization to the Mongolian race, and that...