The Pacific commercial advertiser. [volume], January 16, 1899, Page 12, Image 12

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

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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