The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-03-11

States from the Hawaiian Islands.
& Il Is TO be observed that 20 <
Z provide there shall De mo fur !
< Their immigration. is 20 recog- :
K nize there has been immigra- !
< ton; and to enact that no 4
< Chinese, by reason OF anything \
: herein contained. shall be al :
: lowed 10 enter the United States :
( from the Hawaiian Islands" Is :
< TO concede that. under the Ha- :
< waiian law, Chinese. whom our =
< law would exclude. obtained a =
< dOmicile in the Islands and are ::
< residing there now. In other =
!: words. Congress legislatei tn :
: view OF the fact that the immi- !
. grafton OF Chinese into the Ha- \
( waiian Islands had proceeded on !
: lines distinct from those which \
Z obtain in the United States. i
< While the resolution provides :.
!; that the Islands shall be an I
: neXed as a part OF the territory I
) of the United States" IL also :
!: provides that. with respect 10 :
: Chinese, the Islands are not To !
K be deemed a part OF the Uni Ell !
< States. UNDER OUR LAW. y /
< CHINESE PERSON LAWFUL !
K LY WITHIN ONE OF THE !
!: STATES OR TERRITORIES I
= MAY FREELY PASS INTO :
= ANY OTHER STATE OR TER (
: RITORY. THE RIGHT TO BIZ :
< AND REMAIN WITHIN THE 4
( UNITED STATES CARRIES :
x WITH IT THE RIGHT TO I
< PASS INTO ANY PART OF !
\ THE UNITED STATES. With :
x respect to Chinese domiciled in :
< the Hawaiian Islands At the :
\ time OF annexation, a distinct :
x provision is made. Their Iighc :
4 20 be and remain in the Islands :
x is not denied. The restriction :
< is upon any further" immigra- :
x ton. Buj while those rightful- :
:: " in the Islands at the time OF :
x annexation are recognized as )
X entitled to remain there. there :
X is an explicit provision denying :
X their right on that account 10 :
\ come into the United States. :
Il call attention to these things TO
the purpose of pointing out that IL Wa
not the intention OF Congress. by thi
clause, to extend the Chinese exclusion
laws of this country in toto To tn
islands. Special provisions were made
No Chinese, by reason of the anneXa
ton. were to be allowed to enter TN
United States from the Hawaiia
and no further immigration q
Chi ese into the Hawaiian Islands wa
permitted. except upon condition pre-
scriEed by the laws OF the Unite
States. What did Congress mean b
no further immigration
IS The primary and general rule q
statutory construction said Mr.. Jus
tice Brewer, speaking for the. court Il
United States agt. Goldenberg. 16S L
s.. s.. 1C2. is that the intent of tn
lawmaker is 10 be found in that Ian
guage that he has used. He is pre-
sumed TO know the meaning q
words and the rules of grammar Tn
word hmm. grafton means the act o
and to immigrate is q
come INFO country of which one
not native. and in which one has no
acquired Il residence or domicile. Tn
act OF immigration is accomplishe
when the foreigner, seeking a ney
hcme. first comes into the country
After ne hes gained a residence. Wit
the rights incident thereto, a return &
the country of his choice. following
absence. is not regarded a
a second act CT immigration.
LAS illustrative of the fact that Their
is a clear distinction between coming
into Il country for the first time an
returning to L after a temporary ab
serce. q distinction based essential.
upon rights acquired by domicile,'
call particular attention to the case o
Ldu CIV BeY agt. United States. IA L
S. a. In this case il was held tina
the provision in section Is of the Chin
csc restriction act OF May .. 1882, a
amended ny the set of July ). 1884. re
Iuring every Chinese merchant comm.
INFO this country to procure and pro
luCe a certificate from the Chinese Gov
eminent. did not apply To Chinese mer
chants already domiciled in the Unite'
States. who, having left the country 70
temporary purposes. amino revertendi
seek u re-enter Il on their return {,
their business and their homes. Nj
Chief Justice Full or, speaking for tn
Court, said, page 81:
uS StNtLoh ~ itS VI +4A7 Ns.''
that every Chinese person other than
laborer. who may be entitled BY sal
treaty or this act TO come within n
United States. shall obtain the per
of and be identified as 80 81
tiled by the Chinese Government. q
OF such other foreign Government q
which at the time such Chinese perso
shall be a subject the permission an
identification in each case 20 be evi
denced by the certificate described.
But Chinese merchants dOmiciled
the United States. and in China Onl
for temporary purposes, amino reveI