Mr. Conger to Mr. Hay.

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.,

E. H. Conger.
[Inclosure 1.]

Mr. Cameron to Mr. Goodnow.

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.

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.,

E. H. Conger.