The times., 1899-02-23
THE CHINESE MAY GO BACK.
A Ruling ON Their Right to Re-
enter Hawaii.

enter Hawaii.
Solicitor General Richards. of the De-
partment of Justice. has sent TO the Secre-
tary of the Treasury a decision on the
question of readmitting to the Hawaiian
Islands the Chinese who had been resi-
dents in the islands under the former gov
ernment and were temporarily absent
therefrom with permission to return. The
question was submitted to the Solicitor
General some time ago. when the Collector
General of Customs in Honolulu. J. X.
Brown, denied to certain Chinese the right
to land under permits which the former
government had issued.
After an exhaustive review Of legisla-
tion and decisions of the Supreme Court
bearing on the subject, Mr.. Richards says
in part:
THE power of Congress to exclude aliens
altogether from the United States or to
prescribe the terms and conditions on
which they may come is settled by the ad-
Indications of our Supreme Court The
matter for consideration, therefore. is not
the power of Congress. but its intention.
Congress provided that the existing gov
ernment of the Hawaiian Islands should
continue, and the municipal legislation not
inconsistent with the Constitution or
laws of the United States should remain in
force. Congress then used this language,
which requires construction:
There shall be no further immigration OF Chi
into the Hawaiian Islands except upon
such conditions may hereafter be
allowed by the United States; and Chinese,
by reason OF anything herein contained. shall be
allowed to enter the United States from the
Hawaiian Islands.
1T is to be observed that TO provide
there shall be no further immigration
is to recognize there has been immigsa-
ton: and to enact that no Chinese. by
reason of anything herein contained shall
be allowed TO enter the United States from
the Hawaiian Islands, is to cOncede that,
under the Hawaiian law, Chinese whom
cur law would exclude, obtained domicile
in the islands and are residing there now.
IN other words. Congress legiSlated in view
OF the fact that the immigration OF Chi
nese into the Hawaiian Islands had pro-
ceeded on lines distinct from those which
obtain in the United States. While the
resoluticc provides that the islands shall
be annexed as a part of the territory OF
the United States it also provides that.
with respect to Chinese. the Islands are
not TO be deemed a part of the United
States. Under our law. a Chinese person
lawfully within one OF the States or Ter
ritories may freely pass into any other
State or Territory. The right TO be and
remain within the United States carries
with it the right to pass into any part
of the United States. With respect TO
Chinese domiciled In the Hawaiian Islands
al the time OF annexation, a distinct pro-
vision is made. Their right to be and
remain in the islands is not denied The
restriction is upon any further lmmi-
grafton. But while those rightfully in the
islands at the time OF annexation are rec
tn there
is an explicit provision denying their right
on that account to come into the United
States.
Under our alien immigration acts. it
has been held that an alien who has re-
sided in this country, without becoming
naturalized and who departs with the in
teutiou OF returning, is not to be deemed
an immigrant upon his return. although
he was an alien immigrant when he first
entered the country
Applying this wholesome doctrine to the
case submitted. the Chinese who. under
the former government of the Hawaiian
Islands. became domiciled in the Islands.
acquired certain rights, among which was
the right TO leave the islands for tenn
porary purpose and return II is not 10 be
presumed that Congress, which recognizes
the right of such Chinese to be and remain
in the islands intended to interfere with
the incidental right of returning to the
islands after a temporary absence Chlnese
laborers have been for years absolutely
prohibited from coming into the United
States; yet all the time We have permitted
and now permit Chinese laborers lawfully
within the United States to leave this cOun-
try for a temporary purpose and return.
Accordingly. in view of the manifest in
justice of interfering with right incl
dental to lawful residence in the Islands.
the words no further immigration should
additional immigration into the islands,
namely. the coming of Chinese into the
islands for the first time after annexation.
and not to the return to the islands OF
Chinese who have a lawful residence there
and are simply exercising the recognized
right OF returning after a temporary alb
sence. TO their business and their homes
The decision has received the formal ap-
proval Of Attorney General Griggs.