Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-02-22
fact that the immigration of Chinese into

fact that the immigration of Chinese into
the Hawaiian Islands had proceeded on
lines distinct from those which obtain in
the United States. While the resolution
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
part of the United States. Under our
law, Chinese person lawfully within one
of the states or territories may freely pass
into any other state 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
at the time of annexation, distinct pro-
vision is made. Their right to be and re-
| main in the islands IS not denied. The re-
Striction is upon any further immigra-
| ton. But while those rightfully in the is
| lands at the time of annexation are recog-
nized as entitled to remain there, there is
an explicit provision denying their right on
that account to come into the United
States.
The Intention of Congress.
q call attention to these things for the
purpose of pointing out that twas not the
intention of Congress, by this clause, to
extend the Chinese exclusion laws of this
country in toto to the islands. Special pro-
visions were made. No Chinese, by reason
of the annexation, were to be allowed to
enter the United States from the Hawaiian
lSIdluS, anu no luIllleT OF
Chinese into the Hawaiian Islands was
permitted, except upon conditions pre-
stribed by the laws of the United States.
What did Congress mean by no further
immigration?
The primary and general rule of stat
utory construction said Mr.. Justice Brew
er, speaking for the court in United States
agt. Godenberg, 16S L. s.. %, 102, is that
the intent of the lawInaker is to be found in
that language that he has used. He is pre-
srmed to know the meaning, of words and
the rules of grammar. The word immi
grafton means the act of immigrat ting, and
to immigrate is to come into country of
which one is not native, and in which
one has not acquired a residence or domi-
Gle. The act of immigration is accom-
pliShed when the foreigner, seeking new
home, first comes into the country After
he has gained d residence. with the rights
incident thereto, return to the country of
his choice, following a temporary absence,
is not regarded as a second act of immgra-
ton.
Clear Distinction.
LAS illustrative of the fact that there is
a clear distinction between coming into a
country for the first time and returning to
1t after a temporary absence. a distinction
based essentially upon rights acquired by
domcle 1 call particular attention to the
case of Lau Ow Bew agt. United States,
144 U. S., Al. In this case it was held that
the provision in section of the Chinese re-
SlTlclO1l act OIL May -, 1oSZ, as amended by
the act of July s. 1884, requiring every Chi
nese merchant coming into this country to
procure and produce a certificate from the
Chinese government, did not apply to Chi
nese merchants already domiciled in the
United States, who having left the country
for temporary purposes. amino reverend,
seek to re-enter 1t on their return to their
business and their homes. Mr.. Chief JUS
tice Fuller speaking for the court, said,
page 81:
THE section by it's terms declares that
every Chinese person other than a laborer,
who may be entitled by said treaty or this
act to come within the United States, shall
obtain the permission of and be identified
as so entitled by the Chinese government,
or of such other foreign government of
which at the time such Chinese person SHALL
be subject the permission and identifca-
ton in each case to be evidenced by the
certificate described.
But Chinese merchants d0mciled in the
United States, and in China only for tenn
porary purposes, amino revertendi, do not
appear to us to occupy the predicament of
persons who shall lie about to come to the
United States when they start on their re-
turn to the country of their residence and
business. The general terms should be
limited to those persons to whom Congr. IS
manifestlys intended to apply them, and
they would evidently be those who are
about to come to the United States for the
first time, and, therefore, might properly
be required to apply to their own govern
ment for permission to do So as also TO so
identify them as to distinguish Them as be-
longing to the classes who could properly
avail themselves of such leave.
But by general International law, for
aigners who have become domiciled in a
country other than their own, acquire
rights and must discharge duties in many
respects the same as possessed by and i'm
posed upon the citizens of that country
and no restriction on the footing upon
which such persons stand by reason of
their domicile of choice, or commercial dorni-
cile is to be presumed; while by our treaty
- fno oho &c do, ,;a;1o
the United States, have, and are entitled to
exercise, the right of free egress and in
gress, and all other rights, privileges and
| immunities enjoyed in this country by the
| citizens or subjects of thu most favored
| nation
Rights OF Chinese.
This case recognizes that Chinese who
become domiciied in this country acquire