Newspaper Page Text
12 HE PACIFIC COMMERCIAL ADVERTISER: HONOLULU, JANUARY 10, ISM. Sing, petitioners above named had not qualified under the laws of the Republic, of Hawaii to enter the Hawaiian Wands. Honolulu, December IT, S). (Signed) I'- B. McStockeh, And sworn to bv him. Kf.I'LIVATIOX TO UkTI'K.V. Now eome the above named petitioners, by their attorney?, J. Alfred dragoon, and R. IX Silliman, and in reply' to the He turn of id F. B. McStocker, to their -aid etition, say: That neither the United States Statutes relating to the im migration of Chinese into the United States, nor the Regula tions of the United States Treasury Department respecting the exclusion of Chinese, nor the provisions and requirements of the Treaty between the United States and the Empire of China, have any operative force within the Republic of Hawaii, and that neither said F. B. McStocker nor J. K. Brown have any authority to enforce said Statutes, Regulations or Treaty within the Republic of Hawaii, nor have they or either of them any legal authority to restrain petitioners of their liberty. That the petitioner Choy Po is not an immigrant into the Re public of Hawaii, but was prior to July 7, 1898, a bona fide resident of the Republic of Hawaii, and prior to said day re ceived from the Government of the Republic of Hawaii permis sion to return to China and again re-enter the Hawaiian Islands, wherein he at that time had and still has, his home and domicile. And the petitioners Luke Ivew, Ma Nin and Ma Sing, allege that thev received from the Consul of the Republic of Hawaii for the port of , in the Empire of China, and duly qualified to act as such Consul at such, port of said Empire of China, Certificates of Permission to enter said Republic of Hawaii, which Certificates were theretofore and on or about the 13th day of June, 1898, duly issued by the Government of the 'Republic of Hawaii, for the use of your petitioners, and which Certificates were delivered to your petitioners before the 7th day of July, 1898, by said Consul. And said petitioners Luke Kew, Ma Nin and Ma Sing further allege that they have fully qualified under the laws of the Re puhlic of Hawaii existing prior to said 7th day of July, 1S98; That said F. B. McStocker restrained their entering into" these islands for the reason that they have not made a Bond required of them upon their landing in said Hawaiian Islands by the laws of this Republic prior to July 7, 189S; but your petitioners allege that said law requiring said Bond was repealed by the Joint Resolution of the United States Congress approved by the President on said day. Your petitioners further allege that they have, requested per mission to execute a bond as was required by said laws of the Republic of Hawaii prior to said 7th day of July, 189S; but that said F. B. McStocker has refused to permit them so to do, and has refused to allow any persons who are willing to become sureties for your petitioners to confer with your petitioners; And your petitioners allege that they have complied with all the laws and all the requirements of the Republic of Hawaii that were in force on the day of their arrival at the port of Ho nolulu; That said Permits and Certificates have never been re voked or cancelled, and are still in full force and effect, and that said Annexation of said Republic of Hawaii to the United States of America did not, and was not intended to have any retrospective operation. Dated at Honolulu, Oahu, December 19, 1S9S. 1 Signed bv petitioners' counsel. In the matter of the petition of Leong Chee, et al., the alle gations and the AVrit are similar to those in the first case, and the return and replication thereto are as follows: Return. And now comes Frank B. McStocker, Collector-General of Customs of the Hawaiian Islands, and Joshua I. Brown, and for return to the Writ served upon them in the above entitled cause, respectfully show to this Honorable Court as follows: That thev admit that the said petitioners are citizens of the Chinese Empire, and that on or about the 9th day of December, 189S, they arrived at the port of Honolulu, Hawaiian Islands, on the steamer "'Gaelic" from China. That they deny that the said petitioners are unlawfully im prisoned and restrained of their liberty at the Quarantine Sta tion, Honolulu, Hawaiian Islands, by them, the said Frank B. McStocker and Joshua K. Brown, or either of them; and say that the said petitioners are detained at said station only in so far as they are thereby prevented from entering this country, for the reasons hereinafter set forth; and that said prevention from entering is lawful and that in pursuance with the order of said "Writ the said petitioners are herewith produced in Court. That thev charge that all laws of the United States of Amer ica relating, to and having a bearing upon the immigration of Chinese into the United States have been extended to and arc now a part of the law as well of Hawaii as of every other part of the United States, governing the immigration of Chinese into Hawaii; That under said laws of the United States of America, the Secretary of the Treasury of the said United States of America is charged with the execution of said laws, with power to ap point subordinate officers and inspectors for such purpose; That in pursuance of said power. The said Secretary of the Treasury did, prior to the tth day of December, 1S9S, duly apjMint and detail the said Joshua K. Brown as United States Immigration Inspector to superintend the enforcement and exe cution of the said laws in Hawaii, and has directed that Col lectors of Customs in said Hawaii shall act in conjunction with him and assist in the execution of said laws; and on said 9th dav of December the said Joshua K. Brown was acting a? said Inspector at said Honolulu; That said laws of the United States of America prescribe certain acts and conditions, more fully appearing in said laws, to be performed or complied with by Chinese citizen?, or to exist, before they can enter the United States, including the said territory of Hawaii, which acts the petitioners have failed to perform, or comply with, and which conditions they have failed to show exist; That by reason of said failure of said petitioners to perform -aid acts or comply with said conditions, prescribed by said laws of the United States, they are not entitled to enter either the said port of Honolulu or any other port in the United States. That the said petitioners have not been landed in Hawaii, otherwise than temporarily for the purpose only of inspection as to their right to enter the country, and are not, therefore, within this country so far as to give this Court jurisdiction to entertain their said petition; and the said Frank B. McStocker, Collector as aforesaid, and Joshua K. Brown, Inspector as afore said, therefore claim that this Court has no jurisdiction to enter tain the said petition. And the said Frank B. McStocker, Collector as aforesaid, and Joshua K. Brown, Inspector as aforesaid, further present to the Court that by the terms of the said laws of the United States of America, there is vested in the executive officers of the Uni ted States Government the sole and final decision upon the right of any Chinese to admission to any port of the United States, with no appeal from such decision to any Court, and with no right of review in any Court; That in pursuance with the said orders of the said Secretary of the Treasury, the said Frank B. McStocker, Collector of Customs as aforesaid, and Joshua K. Brown, Inspector as afore said, have, and each of them has, examined the said petitioners and all matters and things appertaining thereto bearing upon their right to enter the port of Honolulu, and have, and each of them has, decided that the petitioners, and each of them, are not entitled under the said laws of the United States to enter the said port; That the said Frank B. McStocker, Collector as aforesaid, and Joshua K. Brown, Inspector as aforesaid, therefore claim that they having so decided that under the terms of said laws of the United States, said petitioners have no right to admission . to the said port, this Court has no jurisdiction to entertain the said petition, or to consider the question of whether or not the said petitioners are entitled to enter said port of Honolulu, or any other question appertaining thereto: And the said Frank B. McStocker, Collector as aforesaid, and Joshua Iv. Brown, Inspector as aforesaid, further present that the question of whether or not the said petitioners are entitled to enter into the said port of Honolulu is purely a federal ques tion involving the construction of an Act of Congress of a pure ly federal character cognizable only in a Federal Court of the United States, and not cognizable in the Courts of any State or Territory; That this Honorable Court is not a Federal Court of the Uni ted States, and therefore has no jurisdiction to entertain said petition or to attempt to construe or apply the said law of the United States, or otherwise pass upon the same. Honolulu, December 19, 1S9S. (Signed) F. B. McStockeij, (Signed) Joshua Iv. Brown. And sworn to by them. Replication to Return. it 'And now come petitioners named in the Writ issued herein and for replication to said return deny that the Supreme Court of the Republic of Hawaii has not jurisdiction to entertain the said petition. Deny that no ritrht of review exists in said Court over the acts of said Joshua K. Brown and Frank B. McStocker. Aver that this Court has jurisdiction to entertain the said petition, and to consider the question of whether or not said petitioners are entitled to enter the port of Honolulu, and other questions appertaining thereto. Deny that the laws of the United States have been extended to the Hawaiian Islands in so far as thev govern the immicrra tion of the Chinese into Hawaii. Denv the authoritv of said McStocker and Brown therein averred." Signed by petitioners' counsel. 1 The following documents were filed in relation to the ap jiointment of J. Iv. Brown as Chinese Inspector to enforce the provisions of the Chinese exclusion acts. Other documents were also filed relating to his duties and his instructions: ''Division of Appointments. Treasury Department, Office of the Secretary, Washington, D. C, May 20, 1S97. Mr. Joshua K. Broun, Xo. Oa7; St., Columhust, Ohio: Sir: You are hereby reinstated as an official of this Depart ment and appointed as an Inspector to enforce the provisions of the Chinese Exclusion Acts, with compensation at the appointment to take effect from date of oath. You will report in writing to the Supervising Special Agent of this Department for instructions and assignment, to duty. Respectfully yours, (). I,. SiM.ri.iwxo, Acting Seeretarv." "Treasury Department, Office of the Secretary. Washington, D. C, Xov. 3, 18DS. Mr. Joshua K. Iiroicn, Chinv.se Inspector, Detroit, Mich.: Sir: You are directed to proceed to Honolulu, Hawaiian Islands, as soon as practicable after the receipt of this letter, and to co-operate with the Customs officials of those islands in the enforcement of the laws and treaty between the United States and China, and the regulations of this department respecting the exclusion of Chinese, the same having been held by the Attorney-General to be now applicable to the Hawaiian Islands. You are informed that specific instructions have been trans mitted to the Customs officials of those islands, through the Honorable Secretary of State and Special Agent Harold M Sewall, at Honolulu, and a copy of such instructions is herewith transmitted for your information and guidance. As soon as practicable after you arrive at the. Hawaiian Isl ands you should ascertain and report the number of Chinese ot each class now in the Hawaiian Islands; and also at what ports in those islands, and in what numbers, Chinese arrive, and you should visit such ports ami confer fully with the Customs offi cers located there touching the operations of the Chinese exclu sion laws and treaty. You should make full report from time to time upon this subject, and especially of any irregularities; on the part of local officers, or of Chinese seeking admission to the Hawaiian Islands bv irregular means. To enable the Collector of Customs in those islands to com ply with the instruction contained in Department letter of this date to the Secretary of State, providing for the identification of Chinese laborers who may wish to depart from the Hawaiian Islands with the privilege of returning thereto, blank forms of Chinese laborer certificates numbered 8301 to S500, inclusive, arc herewith transmitted, and you arc directed to place them in the hands of the proper Collectors in those islands and to instruct them in their use. Until further notice you may include in your pay accounts your actual and necessary excuses incurred while stationed in the Hawaiian Islands. Department letter of the 8th ultimo, directing you to report for instructions and assignment to dutv to the Collector of Customs at San Francisco, California, and making that port your official station, is hereby revoked. You should be prepared to start on your journey to that place not later than the 10th inst. Respectfully yours, W. B. Howell, Assistant Soeretary.,? The record thus shows that some of the petitioners resided in these islands prior to duly 7, 1808, and left with the intention of returning and possessing permits to re-enter, issued prior to said date and that the others of the petitioners have not here- t of ore resided in this country but also possess permits to enter Hcucd prior to said date. The main issue raised by the pleadings is whether or not tho laws of the United States relating to the immigration and exclu sion of Chinese were extended to the Hawaiian Islands by the terms of the Joint Resolution passed byXongress on July 0, 1S9S, and signed by the President on the day following, and common v called the "Xewlands Resolution." Before entering upon the consideration of the question of' what it is that Congress has enacted by that Section of the Kcw land's Resolution which refers to Chinese immigration, it is well to observe the extent of the powers possessed by Congress in tho matter of the exclusion and expulsion of foreigners. It is a fundamental principle that every sovereign nation has the inherent right to deny to aliens the privilege of entering its territory and eveii to expel them therefrom. This principle has been recognized and affirmed in clear and unmistakeable lan guage by the Supreme Court of the United States. In Cliac Chan Ping v. United States, 1C0 United States GOG, G07, the Court said: "The power of the government to exclude foreigners from the country whenever, in its judgment, the public interests require such exclusion, has been asserted in repeated instances, and never denied by the executive or legislative departments," and quoted with approval the language of United States executive officials, who wrote, "Every society possesses the un doubted right to determine who shall compose its members, and it is exercised by all nations, both in peace and in war. Tt may be always questionable whether a resort to this power is warranted by the circumstances, or what department of the government is empowered to exert it; but there can be no doubt that it is possessed by all nations, and that each may decide for itself when the occasion arises demanding its exercise.7, "The control of people within its limits, and the right to expel from its territory persons who are dangerous to the peace of the State, are too clearly within the essential attributes of sov ereignty to be seriously contested." Again, in the case of