The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-14


allied in the United States and subject
to the jurisdiction thereof are citizens of |
the United States. .
While the question as to whether a !
child born in the United States of foreign |
parents is or is not an American citi- |
gen has never been directly decided by
the Supreme Court of the United States,
vet it has been decided by the Courts of 4
the Ninth Circuit, and notably in the
case of I'm re Look Tin Sing, reported
in q Fed. Rep, 905, when Judge Field,
then a justice of the Supreme Court of
the United States, sitting with Judge
Sawyer, a Circuit and Judge Hoffman,
District Judge. of that circuit, says, in
lconstruing the Fourteenth Amendment
above quoted
They alone are subject to the juris-
diction of the United States who are
within their dominions and under the
protection of their laws and within the
consequent obligation to obey them when
obedience can be rendered; and only
those thus subject by their birth or nat
EQUALIZATION are within the terms of the
amendment. The jurisdiction over these
| latter must at the time be both actual
and exclusive. The words mentioned
(subject to the jurisdiction thereby, ex-
cept from citizenship children born in the
l United States of persons engaged in the
diplomatic service of foreign govern
ments, such as ministers and ambassa-
doris, whose residence by a fiction of pub
| lie law is regarded as part of their own
| country The language used has
also more extended purpose. 1t was
designed to except from citizenship per-
Isons who though born or naturalized in
the United States have renounced their
allegiance to our government and thus
/ dissolved their political connection with
this country"
| In the case of Gee Fook Sing, reported
in 40 Fed. Rep, at page TAT, the Circuit
Court of Appeals for the District of Ore
gon also passed upon the question of the
iconstruction of the Fourteenth Amend
ment to the Constitution of the United
States, wherein the court (Deady, j.
say
THAT inasmuch as the Fourteenth
1 Amendment to the Constitution of the
s. United States declares that all persons
born in the United States and subject to
the jurisdiction thereof, are citizens of
the United States and of the State where
in they reside, the laws excluding emf
grants who are Chinese laborers are in
Applicable to a person born in the coun-
try and subject to the jurisdiction of its
government, even though his parents
are not citizens nor entitled to become
citizens under the laws providing for the
naturalization of aliens"
And see also TO the same eIIecIa the
decision of Judge Morrow. Circuit
Judge of this Circuit, in the case of In re
Wong Kim Ark, reported in II Fed. Rep,
SS2
1t would however, not seem necessary
/ to go beyond the decisions of the SUI
preme Court of the Republic of Hawaii,
as to the construction of it's constitution.
: 1t has been decided by that court in the
case of a child born of British parents in
In. T I'll H.
ment of the Islands was that of mon
: archy, and whose parents were British
subjects and the birth of which child
had been registered at the British Con-
: sulate, that such child was subjectTto the
jurisdiction of the. country and was an
l Hawaiian subject and citizen. On the
| matter of the application of George Mac
: Farlane for a Writ of Mandamus. Vol
/ II, Hawaiian Rep. page 1907
, There is no attempt in this case to
show that these boys were other than
: isons Of Chinese laborer domiciled in
5 the Hawaiian Islands and subject of the
Chinese Empire when they were born.
Upon an examination of the Constitu-
: ton of the Kingdom of Hawaii and the
E laws thereof, I find nothing at the date
? lof the birth of either boys defining the
: status of children born of'aliens domiciled
| in the Hawaiian Islands which would
of these defendants. And the rules of in
j iternational law would prevail in the alb
lsence of any especial enactment in rela-
5 ton thereto, and the citizenship of the
children follow that of the father, in this
z lease a subject of China, if it were not for
: the fact that the Constitution of Hawaii
has provided in terms that all persons
, born or naturalzed in the Islands and
, subject to the jurisdiction thereof are cit
liens of the Republic
: AS was said by Judge Morrow in his
very exhaustive and well-considered opin-
ion in the case of In re Wong Kim Ark,
above referred to- quoting from page 1892,
Z above referred to-
1.-The doctrine of the law of nations
, that the child follows the nationality of
: the parents and that citizenship does not
depend upon mere accidental place of
birth, is undoubtedly more reasonable.
: logical and satisfactory, but this consd-
: Grafton will not justify this court in de-
{ claring it to be the law against control
ling judicial authority. In this case the
: iquestion to be determined is as to
3 the political status and rights of Wong
! | Kim Ark under the law in this country.
) II seems clear to me that as to the ques-
: ton of citizenship that both the trainers
| of the Constitution of the Republic OF
: | Hawaii and of the Act of Congress pro-
) viding a government for the Territory OF
| Hawaii (Section thereof intended TO re-
fer especially to the geographical limits
of the Hawaiian Islands rather than to
t any political conditions found here, and
: that Hawaiian and American citizenship
was to be extended to all persons born
f lin these islands, with the exception only
f | of those children born of persons en-
gagged in the diplomatic service of foreign
Z governments. such as ministers and am
+ Iba ssadors whose residence by a fiction
of public law is regarded as part of their
: own country"
> These defendants having proven their
birth in these Islands and not belonging
$ to the excepted persons above noted, I'M
. der the law they are citizens of the
: United States and of this Territory, and
as such entitled to remain.
let them be discharged from sustody.
:. ESTEE Judge.