The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-01-16
Treasury Department.,
Office of the Secretary,
Washington, ID. c., Nov. 3, 1898

Brocn, Chinese Inspector, Detroit, Mich
SrR:-You directed 70 proceed Honolulu, Hawaiian
Islands, practicable the receipt this letter. and
cooperate with the officials of those islands in the
of the laws and treaty between the United States
and China and the regulations of this department respecting
the exclusion of Chinese the having been held by the
Attorney General be applicable the Hawaiian Islands
informed that specific instructions have been trans
mtted the Customs officials of those islands, through the
Honorable Secretary of State and Special Agent Harold NJ
Sewall Honolulu, and copy of such instructions herewith
transmitted for your information and guidance
As practicable after you arrive at the Hawaiian Isl
you report the number of Chinese of
the Hawaiian Islands; and also what ports
in those islands, and in what numbers Chinese arrive and you
ports and confer fully with the Customs Off
located there touching the operations of the Chinese eNc
treaty You should make full report from time
upon this subject and especially of any irregularities
the part local officers of Chinese seeking admission to
the Hawaiian Islands by irregular
To enable the Collector of Customs in those islands
ply with contained in Department letter of this
date the Secretary of State providing for the Identification
of Chinese aborer who may wish depart from the Hawaiian
Islands with the privilege of returning thereto blank forms OF
Chinese aborer certificates numbered 1901 $780, inclusive
are you directed place them in
the hands of the Collectors in those islands and to instruct
them in their
Until further you may include in your pay
your actual and necessary expenses incurred while stationed
the Hawaiian Islands.
Department sth umo directing you report
assignment duty the Collector of
Customs San Francisco California and making that port
your official hereby revoked You should be prepared
your journey that place later than the 10th
inst Respectfully yours,
w B. HOWELL,
Assistant Secretary
The record thus shows that the petitioners resided
in these islands prior July 1898 and left with the intention
of returning and possessing permits reenter, issued prior
said date and that the others of the petitioners have here
toore resided in this country also possess permits
issued prior to said date
The main issue raised by the pleadngs is whether the
laws of the United States relating the immigration and exclu
of Chinese extended to by
of the Joint Resolution passed by Congress July g.
1898, signed by President day following,
commonly called the "Newlands Resolution
Before entering upon the consideration of question
what that Congress has enacted by that Section of the New
lands Resolution which refers to Chinese immigration it we'll
observe the of the powers possessed by Congress
of the exclusion and expulsion of foreigners.
1t fundamental principle that every sovereign
the inherent right deny aliens the privilege of entering
its territory and expel them hererorn. This principle
has been recognized and affirmed in clear
by the Supreme Court of the United States. In Chae
Chan Ping United Stae United 6O6 co., the
said The power the foreigners
from the country whenever Judgment the public interests
exclusion has repeated
and denied by the executive legislative departments
and quoted with approval the language of United States
executive officials who wrote Every society possesses the I'M
right compose members and
it is exercised by all nations both peace and in
may be always questionable whether this power
warranted by the circumstances what department of the
empowered exert it; but there doubt
that possessed by all nations and that each decide for
itself when the occasion arises demanding
of people within limits the right to exneT
territory persons who dangerous the peace of
clearly within attributes Of SOY