Show EXCLUDED they cannot become Be cossie alli ena of tile united states tile the question ni as to whether native ol 01 rf alic islands Ii lanil can become citi citizens zeng of 0 tile the united state slite was wa passed upon jn in ilia tu so preme court to aay till the decision being u ilg nin il the hawaiians Hawaii ans the 1 be opinion of of the court is as follows fol lowi lit in the hie supreme court of 0 utah territory june firm term 1839 1889 in the matter mailer of the n of G 3 AV kenn K ki to be admitted admit led to eilly difu oti tion ion V C J A i I 1 iff n lh i cause couil counrel sel appeared and nj were to li ard rl for nl m amt of tile the applicant it appeared f from tom tile llie statement of lite lie applicant under anth that he wag wa a 2 native of alic ila 1 ail hit his aim estors were arc banakas Ka nakai lit in appearance lie he was aa of mali As in or loi froli nil an complexion a shade lighter than the average of ili hi race lie could not read artajo 0 w write rite the llie english stated flint lie he lived in utah territory six years and that he hall biad reid tile bogat of tile the united states sate in his on n lan tile Hawaii hawaiians ans ila eliud As akin kinn el al rd alie united bbate imie a president e lot lie ile ia finable to mention ti the ie narce of the president of tile llie uni L ni led mates but spoke of george washington as a president lie said flint alint he be wet ILL oric ohe nil all the laws 1 of tile llie united U title states and presented hi lin ort papers on oil his statements assuming suming os residence proven hy by wi toese on lit the corl to film to ti prior frior to llie act of 1870 argend ino in the llie natu nat rulia uraha son ion liw law nm its lunt any alien to airing eino a free KI wide white may be ed to citizenship after the adoption of tile the ond and I 1 ti li the na dional constitution ahe he former pro hibit lii hilBe DC slavery and the be latter do dc claring who ho shall be citizens con grest re in that thai act aitt above referred it lo 10 arneal am end alie it rail livors liiri to so as ai to 10 extend them to Arr nain I 1 abe be language of tho the li leaf a 29 aiD ended led is il albe 1 lie provisions pro of this adnall apply to till ahem ens being iree free white persons and to aliens of A african risti nativi vity lv arid to persons of A decent ried ted statutes 1878 2169 1 I his law lar limits lindin naturalization to lo persons cof fahe tile white while or african afric in races tile the first is do the native lants of lie islands Jl auls belong to the ilia while or athion races laco blu bill lenbach classifies the bunian family into five div rite ciuc is ston Moe oli dati Eth ethiopian lostay slid ami Ar arnesman nerman cuvier reduced the five classes of 0 Blumen baLli to three vie z the caucasian mongolian ilono tian and Ethl treating the and A merican as a isings of the does ilici tile the same prof K H B taylor in liia ills article on oil anthropology in the enca elo cintli edition after no tile made hy by bich bach ond arid comer pi as i lite he best bell tile the classification of prof flux ly ley into inlo amiralian negros mon blon eol and vo lilice dividing the oto into fit tie fair whites the lit whites white among ainoo lite hie mongols lie he in lurlei the he chinese the drak arid and the polynesians prof van ryne in ili the lie Ame american cyclopedia Cil opelia article arlic lii races 0 sold anil A language in gua es alonz hinge rie the ot or the ila iia knaian a imal islands rev J F in a very ar 43 in isicc bedia Bri britannica tanica ninth idi tinn I 1 tile alic poll boll desiring ii ians into joynce alls slid anil among the into lutica or places the ith islanders ilie highe bt s ts is the ibi llorins abou amou tile lie malay tribes no ain honl ity on oil such cuili bub burjett jett clas bilicS them I 1 aali either tile alic cauca bian or while rices or artlie tile E eili lapean or lilik black races alid c baver t ea 9 that he bu foothill not liing 11 in tile li lato ry ul of the llie LOun irv in fit common coi union or sel usa diac me or irk ii legisla tio proceedings ce to lo indicate that con d raps intended to include in fit the white races any other ihan ban oil an ot of the caucasian race in re r ali ah yup 5 bawer reference is ia mide malle in baates statutes at large volume 22 page 61 section 14 that tha t hereafter nu ho state court or court of tile the united states shall liall chinese to citizen bli its and ill laws in conflict with t tins its riot net nrc are hereby depeal ed cil in ill the chinche as a excluded it is i claimed that congress Congi esi intend intended tol to include au all other oilier races there is a general rule of 0 construction of statutes that if a portion of ii a number of oe classes tire included include i by nanie name such as alli aro are riot not mentioned are re excluded exclude to adopt such a n rule 0 of f construction tor for this section would ad admit anit to citizenship the aliens ot f all other races ria an effect that con r sa never neter ini tended somo some con courts arts had fiad ad admitted in bitted I 1 c cl cli inese I 1 to 0 citizenship und this see iou Y nus us evidently made to prevent naturalization ot of aliens of tile call c iii casian or white races and of tile the african races only nod all other oilier races union among which are the hawaii anns ns are arc extruded the ali admission ot of the applicant to citizenship was wai wa i opp oiled also on the ground that ile he ihil did not to be possessed ot of sufficient intelligence to become a citizen ci tb that a 1 his intellect and conscience were bot cally enlightened tile the second division ion of action 2165 of tie the regis kens ed d statutes tute requires rc quirt that the applicant shall declare on oath before the court that lie he will support iii port the constitution and that lie he absolutely and entirely renounces and abjures all aud and li delity to every foreign prince state rod and sovereignty whatever ALI and i I 1 J arly of 0 tile hie one of orbic h be woos before a citizen or subject U un ill feeling ot of obligation iou to his hi adopted count country dinst 1 be e a u t ta to such feeling e I 1 ing for or reua any 1 of other p I 1 arnol his 1 I 1 J 1 ir glit ance must be undivided the third division of lite he above section action is n as fil billows lows it shall br be mude made to rip pear to the satisfaction of the court ad tieh alien ill lot lie he lias halt resided sit aiu the united states five years at AIL least rod aad within vit liin the state or territory where such court ill i at I 1 the lie time lime held one year at least and that during tint thit time lie he has he be hayed as a man of good moral chartier attached ached to the principles of a hie file constitution of the united states and well disposed to the good older and happiness lii pine of 0 the same tins this provision ini imposes posos on oil the court the luty of determining deter determining minin 9 upon thle dento tile hie applin chint a fit belittled during ilia his residence tesi dence as ai a clia tit lit cached tu to the principles ara odthe C con 1 1 and viell nell di deposed posed to the good order and happiness lup of the hie people of the united states this thi statute ru auiles iles it tile duty of tile hie cent cobit t to judge of applicants applicant s moral character front from his conduct in lo 10 evidence as well as of his hii attachment to tile the constitution and his disposition ton folk aid the llie good bider happiness ake ii arid and Iv wel elfare firc of the people 1 I lie constitution places on the people pe ople the direction of if the flint should protect hect human hii life but may it that may glaid our libel libei hes or may be used to overthrow them that should secure our right to tile the pursuit of lumpiness lup and to ili property but may li olite or desire de them ilie vill upon which the wel fire of the millions attlio he ire arc now here and who alto ate aie to follow us u so I 1 depe depends should lie be intelligent gen ind the man in nith mth the high arid and sacred duties of ail 1111 american citizen ciu pvn should be and enlightened lie should liate suffice lit intelligence to light front froni wron arong in political politic nl ili nii idlest nud and should possess 1 I 1 feeling of meta bior il efficient to ciame cili ie hink it 0 adopt tile tight I 1 it I 1 he law quoted Coti Lungi giess expressed jil air anten ito 1011 if to adaist nl ni it to I 1 is aliens or of good trinnia character ail eclied to the principles of liberty ind and justice cont lined in fit the arid and desirous of file 1 lie public good aind to t exclude aliens ili ins ak ho in mil if I 1 live liar lives ive and dime eard moral principles is ito are ill fay favor or of de depotie depo tim arid and site nie indifferent to or ol opposed loed tu those upon which the of all dri df endi iliev intended to exclude the immoral inn noril thoe kliore who lie opposed to the principles of liberty ind and ju autice jus liep tice or artin favor of at larchy and ad no ko allen who is ii riot not willing to the constitution con find and ull kill laws t to a it sheild be to citizen leip ship no N one should be admitted admit teil who his has riot not intelligence to I 1 ahe lie principles plen of the hie IV may rest lit in part on his bis will it dues does not to tile hie satisfaction of I 1 ahe h e court that applicant the lie les of the of the states or us its institutions to become a ci citizen tien the application is denied deuie il we conc concur tir liander uc son tic justice |