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3708
are drawn from citizens.   Neither Japanese nor Chinese are citizens; 
they never have been and will not be. Mr. HITT.   They are denied 
naturalization by law. Mr. GILBERT.   Are they permitted to serve 
on juries? Mr. KNOX.   No. Mr. GILBERT.   Are they permitted to 
make contracts? Mr. KNOX.   Yes. Mr. GILBERT.   To sue and be 
sued; to give evidence in court? Mr. HITT.   They are aliens. Mr. 
GILBERT.   If yon give them to that extent the right of citizenship, 
how are yon going to deny them the equal protection of the law? Mr. 
KNOX.   In what way? Mr. GILBERT.   For example, the Supreme 
Court has held, as the gentleman knows, that the colored race have 
not secured a fair trial and have not secured the equal protection of 
the laws in these States where, by statutory enactment, they were not 
permitted to serve on the jury.   Now, if yon by this statute preclude 
the Asiatics from serving on the jury, has the Asiatic, when he is 
indicted and tried and convicted, been tried according to the law of 
the land? Mr. KNOX.   But the African in this country is a citizen 
and is entitled to vote. Mr. GILBERT.    The gentleman does not 
catch my point. Where the local State or Territory by legal statute 
precludes any particular class on account of race or color from 
serving on the jury or from being deprived of any of the rights of the 
white citizen, he has not been secured the equal protection of the 
law. Now, if this act deprives an Asiatic of the right to serve on a jury, 
can you convict him, under the Constitution of the United States, by a 
jury made up of another race, which other race has the exclusive 
right to sit on the jury? Mr. KNOX.   The colored man, or the African, 
is a citizen under our laws.   He votes.   The right that is withheld 
from the Japanese or the Asiatic is not taken away by this bill nor 
by the Hawaiian law.   But under the existing laws of the United 
States Japanese and Chinese can not become citizens of this 
country. That is the effect of existing laws of the United States, 
which are simply extended over Hawaii by this bill.  Those people 
are not a part of the body of citizenship under the general United 
States law, and they can not go on the jury list. Mr. GILBERT.   I 
was asking simply for information.   Now, there is another 
question.   Before the war we had a great deal of learned discussion 
down South as to what constituted a colored man or a negro.   Now, 
it is conceded that the Japanese and the Chinese are not citizens of 
the United States.   I do not know to what extent miscegenation is 
carried on out there, but suppose an Asiatic intermarries with an 
American citizen; is the offspring of such a marriage a citizen?   
Are half-breeds citizens under this bill? Mr. KNOX.   I have 
answered that before.   Under an express provision of the law of 1883 
we do not naturalize Chinese. Mr. GILBERT.   I am aware of that. 
Mr. KNOX.   That law provides that no Chinese shall be nat-
uralized either in a Federal court or a State court.   We do not 
naturalize Japanese, not by virtue of any express provision of law, 
but by a judicial decision.   It is true this matter rests only upon a 
decision of a circuit court - a circuit court, I think, in Boston.   But 
Japanese are held not to be free white persons under the 
provisions of our laws.   The constitutional amendment is held to 
be for the benefit of persons of the African race. Mr. GILBERT.   
Exclusively. Mr. KNOX.   Yes; exclusively; and a Japanese is not 
considered a free white person.   I have a little brief in regard to 
the citizenship of Japanese; but I understand the whole matter rests 
upon the decision of a circuit court that they are not free white 
persons. Mr. WILLIAMS of Mississippi.   This bill has been sprung 
on us rather suddenly, and hence I desire to ask another question. I 
notice the suffrage provision -- Mr. COOPER of Wisconsin.   I 
wish to ask this question: The Supreme Court has decided, has it not, 
that the child of a Chinaman who can not himself be naturalized is a 
citizen of the United States if born in the State of California? Mr. 
KNOX.   That is a recent decision. Mr. COOPER of Wisconsin.   
Now, would not a child of Chinese parents born in Hawaii become a 
citizen? Mr. KNOX.   Undoubtedly, when our laws are extended 
there. Mr. COOPER of Wisconsin.   If of mixed blood, would not that 
child be a citizen? Mr. KNOX.   It would.   If children of Chinese 
parents, who can not themselves be naturalized, are citizens, a 
fortiori children of the half-blood, born in the United States, would be 
citizens.
Mr. WILLIAMS of Mississippi      I desire to call the attention
of the gentleman from Massachusetts to the suffrage provisions on 
page 73 and 74 of this bill.   And, by the way, I have no quarrel with 
them.   I think they are admirable in their character-

almost a transcript of the Mississippi constitution and tending 
strongly toward the preservation of white supremacy and civilization 
in Hawaii. Mr. KNOX.   We are very much complimented.   
[Laughter.] Mr. WILLIAMS of Mississippi.   I notice on page 74 a 
provision in these words:
Prior to registration the person undertaking to vote must have paid a poll tax of 
$1 for the current year.
Now, if the poll tax could be paid upon the day of the election, or but 
a very short time in advance, politicians could, of course, come in 
and virtually buy votes by paying the poll tax for those desiring to 
vote; whereas if the poll tax is required to have been paid a 
considerable time in advance of the election - nine months in 
Mississippi - the class of people who sell their votes would hardly 
be trusted by politicians during that length of time.  Hence, I should 
like to know about how long a time is to pass between the last day 
on which the poll tax can be paid and the day of the election. Mr. 
KNOX.   Under one provision which it was proposed to insert in this 
bill the voter must have paid all his taxes; and he is taxed for many 
things, the individual tax alone amounting to $5. In order to extend 
suffrage as far as possible this provision was modified so as to 
require the payment simply of a head tax; and according to that 
provision, as I recollect it, the time of registration extends close up 
to the time of election; but the tax must be paid before registration. 
Mr. WILLIAMS of Mississippi.   I understand that.   What I 
desire to know is how long before the election the registration 
closes.   This is a very important matter, in order to consummate 
what you desire to consummate. Mr. KNOX.   That is all in the report 
that is before you.   I will have to turn to it in order to give you the 
length of time that registration must precede the election. Mr. 
WILLIAMS of Mississippi.   The object of my inquiry was to know 
how to vote when wo came to it, because a poll-tax provision, the 
payment of which can entitle a man to vote if the payment be made 
immediately prior to an election, is no safeguard of any sort; whereas 
if a considerable time passes, it is a very estimable safeguard. Mr. 
KNOX.   The provision of the bill is simply that he shall pay his 
poll tax prior to registration, and in the report which you have before 
you, and which I will look at in a moment, the exact time when 
registration closes is provided.   The exact time when he may register 
is provided there. Mr. WILLIAMS of Mississippi.   And he must pay 
the poll tax "prior to registration." Mr. KNOX.   Yes; he must pay it 
prior to registration.   I agree with the gentleman that allowing the 
poll-tax to be paid up to the time of voting used to be quite a 
common practice and might be liable to abuse. Mr. WILLIAMS of 
Mississippi.   Yes. Mr. KNOX.   That was done away with in our 
State by abolishing the poll tax as a requisite for voting.   ' Mr. 
WILLIAMS of Mississippi.   We did away with the evil by providing 
that all poll taxes due up to the February of the year preceding the 
election should have been paid on or before February 1, and in that 
way the politician had no temptation to buy voters by paying the poll 
tax. Mr. KNOX.   The provision here is that it must be paid previous 
to registration, and I will give you the exact time for registration in a 
moment. Mr. RIDGELY.   Will the gentleman permit a question Mr. 
KNOX.   Certainly. Mr. RIDGELY.   Does this bill treat all the 
inhabitants of Hawaii as citizens when it goes into effect? Mr. 
KNOX.   All except the Asiatics. Mr. RIDGELY.   The Asiatics are 
not admitted to citizenship in the island? Mr. KNOX.   They can not 
be under our United States laws. The laws of the United States are 
extended to Hawaii, and the Chinese and Japanese, as I have tried 
to explain, can not be citizens of the United States. Mr. RIDGELY.   
Now, one other question.    Do you hold that the Constitution now 
applies to Hawaii? Mr. KNOX.   We extend it by this act, when it 
goes into effect. Mr. RIDGELY.   And you hold that it never has 
applied until extended by legislation? Mr. KNOX.   I do not believe, 
as the gentleman does, that the Constitution of itself goes to the 
islands after we have acquired them; but fortunately that question 
does not arise in reference to Hawaii, because the resolution which 
annexed the islands to the United States provided that all the 
municipal law of Hawaii that was not in contravention of the 
Constitution of the United States should be extended to it, so that the 
annexation resolution negatively extended the Constitution.   This 
bill affirmatively extends it, and there never has been a time when 
there has been a hiatus, or when the Constitution of the United States 
was not the controlling

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