Mr. Day to Mr. Denby.
Washington, May 26, 1898.
Sir: I have to acknowledge the receipt of your dispatch No. 2908 of April 7,1898, with its inclosures, setting forth the facts of the murder, on or about February, 1898, of a man named Wong Goni Sing, brother of Wong Fook, both of whom, it is claimed, were born citizens of the United States. It is further claimed by the brother of the murdered man that injustice is being done him by the failure of the Chinese Government to take proper measures for the investigation of the crime and apprehension and punishment of the offenders. Your mediation with the Chinese Government is asked, and you request instructions from this Government as to whether the men referred to are citizens of the United States, and as to what action, if any, you shall take.
The courts of the United States have conclusively held that children born to Chinese persons in this country are born citizens of the United [Page 204] States by virtue of the first clause of the fourteenth amendment to the Constitution.
From the petition and papers inclosed by you it would appear that both Wong Fook and his murdered brother, Wong Goni Sing, were born in this country and have remained citizens thereof. If such is the case, and any injustice such as complained of is being done, the interest of this Government is of course aroused, and any needed protection to the surviving brother is to be extended.
Before any action can be taken, however, this Government must be satisfied that the facts of citizenship of the brothers or at least of the surviving brother, are well assured. If the brothers were of Caucasian race a certain degree of presumption, in addition to facts stated, would exist in their favor, but being of Chinese race and descent this presumption is wanting. With the fullest desire to protect the interests of the surviving brother, if he be an American citizen, you should, without unnecessary delay, and by correspondence with the United States consul at Canton, satisfy yourself as to whether or not Wong Fook and his brother were born in the United States and continued to be citizens thereof, unless you are already satisfied thereof. The consul in Canton should be in position, by means of direct examination of the claimant and others, and of documents, etc., if any exist, to determine as to the birthplace and citizenship of the brothers. If you shall find that they were citizens, and that the surviving brother is a citizen, and shall further find that injustice is being done by delay or negligence, as claimed, you will at once, upon reciting the essential facts to the Chinese Government, request an immediate and thorough investigation of the affair, with a view to apprehending and punishing the offender. Or if, while determining the citizenship of the claimant and his brother, delay is occasioned, and there is reasonable ground to believe that they may be citizens of the United States, you will then call the attention of the Chinese Government to the case, on behalf of one who claims to be a citizen of the United States, in order that the delay may not be attended by loss of evidence against the offenders.
You will understand that it is the purpose of this Government to protect the life, interests, and property of its citizens in foreign lands to the fullest extent, while at the same time careful not to be made the means of redressing the grievances of citizens of other countries in foreign lands.
You will keep the Department informed of the conclusions to which you come as to the birthplace and citizenship of these brothers, and the action taken by you.
Respectfully, yours,