The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1901-05-18
CITIZENSHIP.

In the United states Of alien parents
who have never been naturalized is by
the fact Of birth a native-born citizen
OF the United States, and entitled to
all the righs and privileges OF citizen
ship. That is the broad statement and
one that has general acceptance.
Maurice d. o'Connel, solicitor for the
treasury has given his opinion that this
principle will not apply where the
parents of children born in the United
States are aliens and are not entitled
to return under our immigration laws.
One Of the principles of international
and municipal law is that the domicile
of a minor child follows that of the
father until the child attains it's ma
jority He quotes a letter of F. w.
Seward, Acting Secretary of State,
dated August 20, 1875 This letter said:
THE Constitution provides that all
persons born or naturalized in the
United States and subject to the juris-
dictiOn thereof are citizens of the Unit
ed States Congress has declared by
law that the right of expatriation is
inherent and inalienaDle to all citizens
of the Republic. In Speck's case, while
~
his nativity, may claim citizenship of
the United States. yet his father being
an alien and continuing to remain
Swiss citizen and having removed the
boy Joseph, while a minor. without the
jurisdiction of the United States, his
status, as well as his domicile, accord
ing to misunderstood principles of in
ternational and municipal law, follows
that of the father until the boy attainS
his majority. Should he, after reaching
the age of q years, voluntarily return
to the United States and make it his
permanent home, asserting the right of
citizenship in virtue of his nativity, his
political status would then be deter
mined according to the law and circum-
stances of the case"
Secretary Evarts, in a letter dated
Nov. -, 1880, said: "A person born in
the United States, has a ri~ht, though
he has intermediately been carried
abroad by his parents, to elect the
United States as a nationality when
he arrives at full age"
This point must be of the greatest
interest to many aliens resident here,
and who after a time desire to return
with their families born in the United
States to the country of their nativity.
II,
they would not be allowed to return
till after their majority and then only
after havir" proved their birth here
and made a declaration, electing the
United States as a nationality. Other
minor children, born in the Territory,
as say those of German parents, would
lose their right of American citizenship
a q nd nj
it by electing to become American citi-
zens when they arrived at full age.
Thus a young German born in the
United States whose parents were not
American citizens and who returned
with them to Germany, would be liable
to military service till he was twenty
one, when he could voluntarily elect his
United States nationality.
OF course the citizenship question as
far as this territory is concerned
affects the Chinese chiefly. By the ex-
cluson act numbers of Chinese are en-
tirely shut out. The Star the other
day called attention to the necessity of
accurate birth records. The time will
come when these records will be of the
very highest and vital interest. 1t is by
no means easy to accurately prove a
birth unless there is documentary evil
dence. The Chinese overcome this
laXity in our system by obtaininp GER
tificates of Hawaiian birth prior to
August Y, 1898. The issuance of these
certificates is endorsed by Secretary
Gage, in a letter addressed to Secretary
Cooper, April 30, 1901. This is GOOD
enough for those born prior to August
-, 1898, but what records are there
for those born after that date. The
wisest thing that Chinese parents can
do is to see that the birth of their
children is registered at the Board of
Health. No one will hunt them up to
register, but there is nothing to prevent
them from registering themselves.
Though it is chiefly ~ Chinese who
will find difficulty about their citizen
ship. other children of aliens may find
unexpected difficulties. The matter of
citizenship is Of the greatest import
ance to residents in a country, espe-
cially those who have large property
interests or who mingle in politics. 1t
behooves every man to make himself
as familiar as possible with the various
rulings and the general status of the
question. The broad statement that "a
child born in the United States of
alien parents is by fact of birth an
American citizen and entitled to all
the rights and privileges of citizenship"
is all very Well in it's way, but it is
subject to notifications as has been
shown in the commencement of this
article. The opinion of Solicitor OCon-
mel was asked about the status of two
Italian children, and the ruling being
given against them, though they had
been born in the United States, they
were returned to Italy.
WIRELESS SUCCESS.
With the constantly recurring renOrts