Mr. Conger to Mr.
Hay.
Legation of the United States,
Peking, December 11,
1902.
No. 1169.]Sir: I have the honor to enclose copies of a
letter from Vice-Consul Cameron, of Hankow, referred to me by Consul
General Goodnow, and of my reply thereto, concerning the status of
Chinese and Japanese women married to citizens of the United States.
This seems to be a question not as yet specially ruled upon by our
courts, but it is one of growing importance, as a great many American
sailors and some other citizens of the United States have already
married women of the Mongolian race.
I therefore respectfully request the opinion of the Department
thereon.
I have, etc.,
[Inclosure 1.]
Mr. Cameron to
Mr. Goodnow.
Consulate of the United States,
Hankow, November 3, 1902.
Sir: I would like to ask your opinion as to
the status of Chinese and Japanese women married to citizens of the
United States.
There is one name on the register now of a man who has a Japanese
wife, and another has applied for registration who is shortly to
marry a Chinese woman. These both had children before their
marriage, and I take it that the children are of course debarred
from registration, being illegitimate; but am I required to register
these Chinese and Japanese women (or other Malays, vide C. R., sec.
140) as naturalized American citizens, the wife following the
husband’s nationality; and are their future children to be
registered as native-born citizens, or not? I certainly hope
not!
Thanking you in anticipation, I have, etc.,
Allen N. Cameron,
Vice-Consul in Charge.
[Inclosure 2.]
Mr. Conger to
Mr. Cameron.
Legation of the United States,
Peking, December 11, 1902.
Con., No. 1668.]Sir: Consul-General Goodnow has referred to
me your letter of November 3 last, in which you inquire as to the
status of Chinese and Japanese women married to citizens of the
United States.
Section 1994 of the Revised Statutes provides that “Any woman who is
now or may hereafter be married to a citizen of the United States,
and who might herself be lawfully naturalized, shall be deemed a
citizen.”
The act of Congress of May 6, 1882, prohibits any naturalization of
Chinese. Hence the privilege of acquiring citizenship by marriage
granted by section 1994 would not
[Page 45]
apply to Chinese women. But even without this
express statutory prohibition it has been held that neither Chinese
nor Japanese are white persons within the meaning of the
naturalization laws of the United States, and therefore not capable
of being naturalized. (5 Sawyer, 155, and 6 Sawyer, 541.)
In Fong Yue Ting v. United States (149 U. S.,
716) the United States Supreme Court in 1892 said: “Chinese persons
not born in this country have never been recognized as citizens of
the United States nor authorized to become such under the
naturalization laws.” To the same effect was the case of In re Gee
Hop (71 Fed. Rep., 274).
It seems to me, therefore, that both Chinese and Japanese women are
classes excepted from the rule that the citizenship of the husband
determines that of the wife; but as they are the wives and mothers
of United States citizens you should always be ready to use your
good offices in their behalf. I am sending the question to the
Department of State for its submission to the law department
thereof.
As to the children, section 1993, Revised Statutes, says: “All
children heretofore born or hereafter born out of the limits and
jurisdiction of the United States whose fathers were, or may be at
the time of their birth, citizens thereof, are declared to be
citizens of the United States.” The race or citizenship of the
mothers appears not to effect the status of the children.
I am, etc.,
