Category Archives: Section 1993 of the Revised Statutes

Chin Hing Chung – Kennebec, Maine

Affidavit, interview questions, Section 1993 of the Revised Statutes, son of citizen, , , , , , , , , , , ,

Chin Soy, a U.S. born citizen, wanted to bring his son in China, Chin Hing Chung, to the United States.

Chin Soy swore in an affidavit in March 1937 at Kennebec, Maine, that he was born in the United States about 1880 and was therefore a U.S. citizen. He was issued a Certificate of Identity in Seattle, Washington, in 1916 and was a resident of Waterville, Maine.

“Chin Soy Affidavit photos,” 1937, Chinese Exclusion Act case files, Record Group 85, National Archives at Seattle, Chin Hing Chung, Box 733, File 7030/10206.

Between 1905 and 1932, he had visited China five times. On his 1905 trip he married Dong Shee. They had six children. In 1937 Chin Soy was applying to have his son, Chin Hing Chung, come to the United States with the status as the son of a U.S. native. According to the amended section 1993 (48 Stat. 797) children born abroad to U.S. citizens prior to May 24, 1934 were citizens. The ruling stated that: 

Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child.  In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child’s twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization.

In 1937 Chin Hing Chung, marriage name Chin Kung Pon, was twenty years old (American reckoning). During Chin’s hearing he was reminded that it was his burden to prove he was not subject to exclusion. On 9 August 1931 he testified that he was born at Soo Oon village, Lock Toon, Sun Ning district, China on 25 January 1917. During Chin’s interrogation he was asked about his parents, their siblings, his siblings and nieces and nephews and his grandparents. He described his home as a five-room brick house with tile floors in all rooms and an open court paved with stone. It had two doors, with two windows in each bedroom. The windows all had iron bars and wooden shutters. The windows under the loft had glass. There was a shrine loft in the parlor. There were about 500 or 600 houses in the village. He was asked about the layout of the houses in the village, the width of the streets, and where the market and social hall were located. The interviewer asked specific questions, such as, who lives in the first house, fifth row, north of main street, his name and age, and number of their children and their names. Similar questions were asked about other people in the village. Did the village have an ancestral hall? A railway station? A school? Who were the teachers? Was there a fishpond? Did his father smoke? Were there any photographs or paintings in his house? Did his mother have a vegetable or flower garden? Did he attend his brother’s wedding feast? Was there anything in his house to represent his ancestors? Did his sister or sister-in-law have bobbed hair? Chin Hing Chung testified that there was a group picture taken of his mother, two brothers, sister and himself about 1922 or 1923. There were seven pages of interrogation.

Chin Hing Chung’s answers were compared to the interview answers of his father and his two previously landed brothers. It was decided that there were no significant differences. In spite of this, Chin Soy, the alleged father, and Chin Keong, the alleged brother, were interviewed again two weeks later. This time the Chinese Inspector, John A. Carney, noted these differences: direction in which the home village faces, the location of the head of the village, and the location of certain ancestral halls. The father and brother both said there was never a group photograph taken of the family. Their interviews were twenty-nine pages long. Their statements might include valuable anecdotal family information about their lives in China that may not be recorded in any other documents.

Chin Hing Chung was interviewed again about the difference between his testimony and his father and brother’s. His answers were satisfactory; the Chairman of the Board of Special Inquiry concluded that Chin Hing Chung was the son of a U.S. citizen, Chin Soy, who had been readmitted as a native-born citizen several times. And Chin Soy was in China at the time when Chin Hing Chung was conceived. Chin Hing Chung was admitted at the Port of Seattle on 3 September 1937 as a U.S. citizen, a little over six weeks after he arrived. He joined his father in Waterville, Maine.

The Reference Sheet in the file includes the names of Chin Hing Chung’s father and two brothers and their file numbers.

Chun Kim Shee – photos of Chun, his father, witnesses, and with his mother in China

Group Photo, Photographs, Section 1993 (48 Stat. 797), Section 1993 of the Revised Statutes, Witnesses, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

In May 1913, Chun Kim Shee’s father, Chung Seung, applied for admission to the United States at San Francisco, as the son of Chun Poy, a U.S. citizen born in Los Angeles, California. Two years later he returned to China, married, and a son, Chun Kim Shee, was born on 23 April 1917 in Chew Gong, Sun Ning.
Chun Kim Shee Father aff 1939
Chun Seung swore in a November 1939 affidavit that he was a Section 1993 U.S. Revised Statutes citizen** and by virtue of the provision his son was also a citizen of the United States. The affidavit contained photos of Chun Seung and his son.
Chun Kim Shee M143 1940
Chun Kim Shee 陳錦樹 (married name Chun/Chin Yee Seung) arrived in Seattle on 26 August 1940 and was admitted three and one-half months later as the son of Chun Seung, a citizen. Chun Kim Shee was twenty-three years old, a student, and married to Lim Toy May. They had no children. His destination was Bakersfield, California. He had a tattoo in a Chinese character meaning “peace” 和平 on his back, left forearm. In Chun Kim Shee’s six-page interview he described his home village in great detail; his mother, Lee Shee; and his father’s extended family,
[The interviewer’s language was often intimidating: “describe the house where you claim you have always lived;” and “describe your alleged blood father”]

Chun Seung, Chung Kim Shee’s father, testified that his married name was Gwok Shew; and he was born at Gong Village, Toy San District, China. He lost his Certificate of Identity in San Antonio in 1932. It was locked in the safe at Wah Lee Restaurant when the company went broke and shut down. He never got his certificate back. His father and mother, Chun Poy and Pang Shee, were both 69 years old in 1940 and living in their home village in China. Chung Seung presented two photographs to Immigration: one of his son at about age 4 or 5 with his mother, Lee Shee; and a photo of the applicant when he was about 16 years old.
Chun Kim Shee young

 

Witnesses for Chun Kim Shee in December 1940 were Jew Ning Fook of Bakersfield,California and Fong Tai Yuey/Yui of San Antonio, Texas .Fong Tai YueyJew Lin Fook

“Photo of Chun Kim Shee and his mother,” ca. 1921; “Affidavit Photos and Witnesses photos,” 1939-40; “M143 photo of Chun Kim Shee,” 1940;  Chinese Exclusion Act case files, RG 85, National Archives-Seattle, Chun Kim Shee case file, Seattle Box 815, file 7030/13212.

Fong Tai Yuey (marriage name Fong Hong Dot) was born in Leung Boy, China in 1909 and he first entered the U.S. in 1929. He was known as Frank at the Alamo Grocery and Market in San Antonio and owned one-fourth of the store. In his interview he correctly identified the photos of Fong Ging Pawn, Fong Tai Dee, Dong Tai Jung, Chun Seung, Chun Lim, Chun Fat, and Chun Poy from their San Francisco files. Fong Tai Yuey had a Seattle file and a San Francisco file.

Jew Ning/Lin Fook who had a San Pedro file gave testimony and the record was forwarded to the Immigration Office in San Antonio, Texas.
In late November 1940 Chun Kim Shee, the applicant, was sent to Seattle Marine Hospital for examination and treatment. He was suffering from severe pain in his stomach. There is no mention of his diagnosis, but he was finally admitted on 18 December 1940.

** Section 1993 of the Revised Statutes, as originally enacted, applies to children born abroad to U.S. citizens prior to May 24, 1934, and states that:
The amended section 1993 (48 Stat. 797), went into effect on May 24, 1934, at noon eastern standard time.  It stated that:  Any child hereafter born out of the limits and jurisdiction of the United States, whose father or mother or both at the time of the birth of such child is a citizen of the United States, is declared to be a citizen of the United States; but the rights of citizenship shall not descend to any such child unless the citizen father or citizen mother, as the case may be, has resided in the United States previous to the birth of such child.  In cases where one of the parents is an alien, the right of citizenship shall not descend unless the child comes to the United States and resides therein for at least five years continuously immediately previous to his eighteenth birthday, and unless, within six months after the child’s twenty-first birthday, he or she shall take an oath of allegiance to the United States of America as prescribed by the Bureau of Naturalization.