The Hawaiian gazette., 1898-12-16
THEY CAN COME
ocou,iussd from PIN, ras,j

United state
A Chimes ofnciai. teacher. student.
merchant or traveller. not a lsboref.
to rain admission In the United States
must present certifcate from his own
Government or the Government where
where he last resided vised by the
Diplomatic or Consular representatives
Of The United states where he last re-
sided.
At is absolutely impossible that any
Of the petitioners could have obtained
either OF the above prescribed certif-
lcates.
Their status Is such as will not al
low them to come into the country IN
accordance wiz United States law. II
may be said that the right to enter a
foreign country is not a right unless
secured by treaty, but | can see no diff
ference 50 far as the petitioners are
concerned between the right to enter
q foreign country secured by treaty
than one secured by the statute of the
country which the Chinese desires to
enter. The United States Courts treat
a law enacted by Congress as equal in
validity with treaty, and II the stat
ute Is in CONFIRMATION Of former
treaty, the Courts recognize the statute
as being the last expression Of the will
Of Congress and valid.
can find nothing in the Resolution
which manifests the intention Of Con-
gress to include in the operation OF the
United States statutes, Chinese who
under Hawaiian law and | am unwill-
ing, witnout more explicit legislation
70 say that the Congress of the United
States intended TO perpetrate the in
justice of shutting the doors of Hawaii
in the faces of those who seek admis-
sion by virtue OF their permits and
without notice that they had been an
nulled by the fact OF Annexation OF
Hawaii to the United States. They had
a right to reply upon the provisions of
the Resolution OF Annexation itself
that until Congress should provide for
the government OF these Islands. Ha-
waiian Legislation continued In force,
and though future immigration was
forbidden, there was nothing in the
Resolution to warn them that their
permits were invalid.
That Congress could not have in
tended that the United States statutes
respecting Chinese immigration should
have a retrospective operation in the
Hawaiian Islands, Is evidenced by the
fact that the Resolution itself does not
provide for any means OF Furnishing
infractions of the United States laws,
either against the shipmaster who
brings Chinese here without comply
ing with the laws, or for the depOrta-
ton of the Chinese who are found here
without the necessary credentials or
for the appointment OF an United
States Marshal to execute the law. or
Court, or Commissioner. or other Of
fcial who shall have the authority to
adjudge whether the law has been vio-
lated.
The Resolution contains the provi-
sion that in the interim between the
passage Of the Resolution and the en-
actment Of government for these
fcials, civil, judicial and military,
shall be vested in such persons and be
exercised In such manner" as the
President Of the United States shall
direct" This power to the President
would not permit him to direct an
Hawaiian official to perform duties not
authorized by or contrary to such lia-
waiian law. The respondent Is the
Collector General Of Customs Of Ha-
wall. and by the terms OF the Resolu-
ton which In the interim continues
the existing customs relations OF the
Hawaiian Islands with the United
States and other countries" he exc
cutes Hawaiian laws. Honolulu Is still
a foreign port" in this respect.
cannot see what protection the re-
spondent would have in a Hawaiian
Court, II he should undertake to do an
act not authorized by Hawaiian law.
The United States statutes repre-
senting Chinese immigration are not
self-executory and are not capable of
being enforced where there are no
legally authorized officials to enforce
them.
To say that such provisions of the
enactments of the United States are en-
forcable, as are applicable for or
against such Chinese whose status may
be by analogy similar to that OF Chin
csc who should seek to enter the main
land OF the United States in "home
port" would imply a confession that
United States statutes cannot be strict
ly enforced here. Would 1t not be q
doubtful step to take to deviate from
the law, although extremely grateful
to the recipients Of permission to land,
II given? ! can find no discretion
granted to execute portion of the
United States laws on this subject and
ignore other portions. In saying this,
I wish distinctly to disavow any in
tentiOn of seeming to influence any
action OF the inspector OF Cninese I'M
migration, Mr.. J. X. Brown, who is
here under instructions from the Sec
rotary OF the Treasury OF the United
States.
There Is nothing in the Resolution
ITSELF or in the circumstances attend
ing Its passage to indicate that it was
the Intention Of Congress to repudiate
any acts of the Hawaiian Government
previously done. The whole scope OF