The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-04-06
lIuiIIlHs ARE CITIZENS
OF THE UNITED STATES
FACT OF HAVING CHINESE BLOOD
DOES NOT AFFECT
THEM.
The Commissioner CT immigration
Makes Ruling in the Case Of
Two Sailors From This Territory
Opinion of Attorney General.

Opinion Of Attorney General.
SAN FRANCISCO. March 2S.-Port
Collector StrzttOn received an OF
fetal communication from the Immi-
grafton Bureau 1t Washington to the
effect that all tn native and natural
ized citizens OF the Hawaiian Islands.
Irrespective OF race. color or previous
condition OF servitude. are citizens Of
the nifed States. and that the wives
and children Of such. although aliens.
become citizens and acquire the 20
litlcal 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
Collector STATIONS action in the
matter Of the application Of two Chi
nese sailors on the ship John Currier
for admission to the United States,
on the ground that they were natives
OF the Hawaiian Islands. They failed
to establish their claim 20 the salts
faction OF the Collector. and they were
denied a landing In his record to
the Secretary OF the Treasury. Collec-
tor Stratton stated that even IL the
applicants had proved that they were
natives of Hawai- he would not have
allowed them 10 land they being Of
the Chinese race. He asked whether
in such a contingency the department
would sustain his action
Commissioners Opinion.
The following rep.y arrived by mail
yesterday morning. dated Washing
ton. March %:
The bureau Acknowledges the re-
ceipt OF your letter OF 18th inst. pro-
pounding a question of law in connec-
ton with your action in refusing per-
mission TO land at your port TO two
Chinese sailors who asserted that
they were native born Hawaiian citi-
zens. 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 sup
port of their claim, but that had ruch
facts been clearly shown. while not
Gear upon the point. you are rather
inclined TO the belief that such per-
sons, whether laborers or not, cannot
be admitted into the United States
under the provisions of section of
the act of Congress. approved April
30. 1900. which prescribes a form Of
government for the Territory of Ha-
wall.
This issue has heretofore been rails
ed by the Collector of Customs at the
port of Honolulu. II. T.. and. in the
absence OF any judicial ruling there
on, was referred TO the honorable the
Attorney General of the United States.
In response to said reference an
administration ruling was returned
on January 10th OF the current year
to the effect that Hawaiian born per-
sons of the Chinese race having been
made citizens of the republic of Ha-
wall. under the section of the act of
April 30. 1900. above referred to, are
made citizens of the Territory of Ha-
waii and of the United States. Said
opinion is hereto appended for your
information. Respectfully.
f. II. LARNED.
Acting Commissioner General.
Historical Precedents.
The questions determined by the
opinion of Attorney General Griggs
referred to are as follows:
Whether n person born in the
Hawaiian Islands in 1885 of Chinese
parents who are laborers, and taken
TO China with his mother in 1890. is
entitled 10 re-enter the Territory of
Hawaii. where his father still re-
sides?
2-Whether the wife and children
OF Chinese person. who was natural
lied in Hawaii and still resides there.
are entitled To enter that Territory
by virtue of the citizenship" of the
husband and father?
Mr.. Griggs' opinion goes on TO say
the constitution of the republic OF
hawaii provided that all persons
born or naturalized in the Hawaiian
Islands and subject to the jurisdiction
OF the republic are citizens thereof"
The Act OF April so. 1900. providing a
government for the Territory of Ha-
wall declared ,Lat ''all persons who
were citizens GA the republic OF liza
wall on August IL. 1898. are hereby
declared to be citizens of the United
States and citizens of the Territory
OF Hawaii"
The treaty OF the cession OF Louisi-
ana and the treaty with Mexico and
the Alaska treaty are quoted as illus
trations OF the taking in as citizens
-o1 the United States Of the natives
and citizens OF coded and conquered
territory. There is one exception. and
that is the bill TO provide a govern
ment for Porto Rico. The bill as ORR
ginally introduced in Congress de-
clared that all the inhabitants OF
Porto Rico. wita certain Qualifica-
ton and exception. shall be deemed
and held TO be citizens of the United
States" This provision was stricken
out before the bill became law.
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