¢Ozawa also argued that the original Naturalization Act was meant to exclude only Indians and those of African descent.
The court responded:
l“It may be true that those two races were alone thought of as being excluded, but to say that they were the only
ones within the intent of the
statute would be to ignore the
affirmative form of the legislation. The provision is not that Negroes and Indians shall be excluded, but it is,
in effect, that only free white persons shall be included. The
intention was to confer the privilege of citizenship upon that class of persons whom the fathers knew as white, and to deny it to all who could not be so
classified. It is not enough to say
that the framers did not have in
mind the brown or yellow races of Asia.”