The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-04-05
OUR CITIZENS AMERICANS
CANNOT BE KEPT OUT OF. THE
MAINLAND.
No Matter What Their Race They Have
All the Rights of Citizens of the
United States.

SAN FRANCISCO, March 29.-Port
Collector Stratton received an official
communication yesterday from the Inn
migration bureau at washington TO the
effect that all the native and natural
ized ciuzens of the Hawaiian Islands,
irrespective of race, color or previous
condition of servitude, are citizens of
the United States, and that the wives
and children of such, although aliens,
become citizens and acquire the politi-
cal status of the father, and the right
to visit and reside in the United States,
exclusion acts and immigration laws to
the contrary Notwithstanding.
The opinion was called forth by Col
| lector Stratton's action in the matter
of the application of two Chinese sail
ors on the ship John Currier for ad-
mission to the United States, on the
ground that they were natives of the
| hawaiian Islands. They failed to es-
| tablish their claim to the satisfaction
of the Collector, and they were denied
| a landing. In his report to the Secre-
| tary of the Treasury, Collector Stratton
stated that even if the applicants had
| proved they were natives of Hawaii
| he would not have allowed them to
| land, they being of the Chinese race.
He asked whether in such contin-
gency the department would sustain
his action.
COMMISSIONERS OPINION.
| The following reply by mail yester-
day morning, dated Washington, March
23:
The bureau acknowledges the receipt
| of your letter of 18th inst propound-
| ing a question of law in connection
with your action in refusing permission
| to land at your port to two Chinese
sailors who asserted that they were
native born Hawaiian citizens. In the
particular case referred to you state
| that their application was refused upon
the ground that they did not present
sufficient proof of the facts alleged by
them in support of their claim but that
had such facts been clearly shown,
while not clear upon the point, you
are rather inclined to the belief that
such persons, whether laborers or not,
cannot be admitted into the United
States under the provisions of section
of section of the act of Congress, ap-
proved April 30, 1900, which prescribes
a form of government for the Territory
of Hawaii.
This issue has heretofore been raised
by the Collector of Customs at the port
of Honolulu, H. T., and in the absence
of any judicial ruling thereon, was re-
ferred to the honorable the Attorney
General of the United States.
In response to said reference an ad-
ministrative ruling was returned on
January 16 of the current year to the
effect that Hawaiian born persons of
the Chinese race having been made
citizens of the republic of Hawaii, un-
der the section of the act of April 80
1900, above referred to, are made citi-
zens of the Territory of Hawaii and
of the United States Said opinion is
hereto appended for your information
Respectfully yours
F. II. LARNED,
Acting Commissioner General.
HISTORICAL PRECEDENrS.
The questions determined by the
opinion of Attorney General Griggs re
ferred to are as follows:
Whether person born in the Ha
waiian Islands in 1885 of Chinese par
ents who are laborers, and taken t
China with his mother in 1890, is en-
> titled to re-enter the Territory of Ha
wall where his father still resides?
Whether the wife and children O.
q Chinese person. who was naturalize(
! in 1887 in Hawaii and still reside!
there, are entitled to enter that Terri
tory by virtue of the citizenship o
e the husband and father?
f. Mr.. Griggs' opinion goes on to sa!
e the constitution of the republic of Ha
8 waii provided that "all persons borl
e or naturalized in the Hawaiian Island
and subject to the jurisdiction of tn
7 republic are citizens thereof" The ac
t of April 30, 1900 providing a govern
l ment for the Territory of Hawaii de
= clared that 'all persons who were citi
a zens of the republic of Hawaii on Aug
S ust ~, 1885, are hereby declared to b
. citizens of the United States and citi
t zens of the Territory of Hawaii"
: The treaty of the cession of Louisi
e ana and the treaty with Mexico an
d the Alaska treaty are quoted as illus
s trations of the taking in as citizens @
d the United States of the natives an
t citizens of ceded and conquered terri
e tory. There is one exception, and tina
v is the bill to provide a government 70
t Porto Rico The bill as originally In
q troduced in Congress declared that a
I the inhabitants of Porto Rico, with
: certain qualification and exception
4 shall be deemed and held to be citi
: zens of the United States" This pre-
r vision was stricken out before the bi
became law.