Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-05-18

COOPER AND CHINESE
TREASURY DEPARTMENT
WRITES TO SECRETARY
-
He May Issue Certificates Of Hawaiian
Birth TO Chinese Born Here
Certificates Honored in
States.

by the Secretary of the Territory OF
Hawaii to Chinese persons born in the
Territory. and certificates may like
wise be issued to Chinese OF the exempt
class under section 6, Act approved July
, ;. 1854, and are prima facie evidence
of the right Of the holders thereof to
admission at continental ports OF the
United States.
The following letter was recently re-
ceiyed here stating the decision of the
Treasury Department regarding the Is.
suance Of certificates:
Treasury Department. April 30. 1901.
Sir:-By reference from the Honor
able the Secretary of the Interior. the
Department is In receipt of your letter
of Sd instant propounding certain
queries. in view OF the fact that You
have received no direct ruling from
the Secretary OF the Treasury there.
upon.
The points upon which you desire in
formation are:
l. Whether It Is proper for you to
issue certificates OF Hawaiian birth to
children born OF Chinese parents IN the
Hawaiian Islands prior to August L.
1895.
.. Whether you shall continue to
Issue certificates to persons of the
exempt class in conformity TO the pro.
visions OF section g OF the Act of July
5. 1854.
With regard to the first point. there
appears to be no objection TO your con.
| tinuing to issue the certificates men
toned to which 1t would seem that ap-
! plican's are entitled. This seems to he
conclusive from quotations contained
In vour letter, to wit. that from article
II. section |. OF the constitution OF the
Republic OF Hawaii that
All persons born or naturalized in
the Hawaiian Islands and subject to
the Jurisdiction Of the Republic are
citizens thereof.
And section 4 OF the Act approved
April 30, 1900, which provides
That all persons VINO are citizens Of
the Republic OF Hawaii on august -.
1898, are hereby declared to be citizens
OF the United States and citizens Of the
Territory Of Hawaii. Z
As matter OF administration. Il
would seem to be wise. where such
certificates are to be used by the hold.
ers thereof at continental ports Of this
country to establish their right to
landing, that such holders, prior to de.
parture from the Territory, should
through the collector of customs have
nm investigation and report made
showing the truthfulness OF the allie
cations upon which such certificates
were issued and that the holders are
the persons actually referred to therein
Such report. accompanied by these
certificates, should be prepared In du.
plicate, one copy to be mailed TO the
collector at the proposed port of entry
and the other % be presented by the
applicant upon his arrival ut such port
With respect to the second point. II
seems unnecessary to do more than re-
iterate Department letter addressed. on
June 2, 1900, to Attorney II. C.
schaetzer, Of San Francisco, in which
the following language Is used
You are informed that the Depart
ment will regard certificates conform
ing to the provisions OF section 6 OF
the Act approved July 3, 1884, relating
to the exclusion Of Chinese, when is
sued by the Secretary Of the Territory
Of Hawaii, as being sufficient to estab-
lish the rights Of Chinese persons OF
the exempt class to enter this country
provided the statements made in such
certificates are not Controverted.
Similar precautions should be adopt,
ed, however. with regard to such Ger,
tiiicates as are mentioned above re-
specting certificates of birth, in order
that the necessity which would other
wise arise OF having these certificates
returned to the collector ut Honolulu
for investigation. and the consequent
delay may be obv,ated.
Your further request for information
as to what rights of citizenship can be
claimed, respectively, by Chinese who
are naturallzed in accordance with the
laws of Hawaii prior to August ~,
1898. and those who were born Of Chi
nese parents prior to the same date, II
there Is any doubt thereon In view OF
the above quotations from the constl-
tuition of the Republic Of Hawaii; and |
the Act of Congress approved April 80
1900, does not appear to require an ans
wer, since the reply thereto does not
involve any question of the admins
tration of the Chinese exclusion laws
that has not already been considered
specifically herein.
Respectfully,
L. J. GAGE,
Secretary.
To Hon. Henry Il. Cooper,