| HAWAII Hawaii at the time of annexation in 1898 was a republic, and had been for about 5 years, succeeding an independent monarchy. In the organic act of April 30, 1900, (note 4) all persons who were citizens of the Republic of Hawaii August 12, 1898, were declared to be citizens of the United States, and of the Territory of Hawaii. (note 5) This was another example of mass naturalization often authorized in the early history of the Republic, when territory on the mainland was acquired from foreign nations, but not since followed. The joint resolution of July 7, 1898, (note 6) prohibited further immigration of noncitizens of the Chinese race to the Hawaiian Islands, except upon such conditions as might be allowed by the general laws of the United States; and specifically provided that no Chinese should be permitted to enter the United States proper from these islands; and the act of April 30, 1900, (note 7) decreed that even though registered, no Chinese laborer should be permitted to enter any State, Territory, or District of the United States from the Hawaiian Islands. This prohibition was repeated in the act of April 29, 1902, as amended and reenacted by section 5 of the Deficiency Act of April 27, 1904. (note 8) Conversely, however, the Attorney General of the United States ruled in 1901 (note 9) that registered Chinese laborers could migrate to or enter Hawaii from the mainland. Obviously, the exclusion laws do not apply to Chinese laborers born in Hawaii or made citizens thereof by the organic act. Chinese of the so-called "exempt classes", enumerated in the treaty with China of 1880 (note10) and the exclusion laws, residents of the Hawaiian Islands, and desiring to come to continental United States or to any of the possessions of this country, must obtain the required section 6 certificate (note 11) from the consul general of China in the Hawaiian Islands, to be visaed by the district director of immigration and naturalization in Honolulu, who functions in this regard similarly to an American consul in foreign countries. The considerable immigration of Chinese aliens to the Hawaiian Islands was, of course, practically abolished by section 13 of the Immigration act of 1924, prohibiting the admission to the United States for permanent residence of persons ineligible to citizenship, with a few exceptions. However, the determination of the status of persons of this race claiming American citizenship by birth or descent was the principal problem confronting the Immigration and Naturalization Service in Hawaii for many years; and, because of the vast number of Chinese residents, was a most difficult task. Another difficult problem and task related to the enforcement of the Executive orders of March 14, 1907, and February 24, 1913, based upon a provision of the Immigration Act of February 20, 1907 (note12) prohibiting the entry to continental United States of Japanese and Korean laborers, skilled and unskilled, who had received passports from their Government limited to Mexico, Canada, or Hawaii or to any other countries or places except continental United States. One of the provisions of section 3 of the Immigration Act of 1917 continues this authority to prohibit by proclamation entry to continental United States of laborers with passports limited to countries other than the United States when necessary for the protection of labor conditions in this country, but the Immigration Act of 1924 excluding aliens ineligible to citizenship has in effect superseded and made unnecessary such proclamations, so far as arrivals from abroad are concerned. The work of the Service in Honolulu is quite varied. One of the principal duties there in recent years is investigations connected with the issuance of the so-called "Certificate of Citizenship--Hawaiian Islands", provided for by rule 11 of the current immigration regulations, (note 13) which is issued upon proof of American citizenship and of intention to depart from Hawaii temporarily. The majority of the applicants are of oriental races, and the investigations have to be quite thorough, as most births were not contemporaneously recorded in the islands. There are in Honolulu all general classes of immigration duties. Lawfully resident aliens who desire to proceed to the mainland, if legally entitled to do so, are issued form 546, the insular certificate long in use, which certifies to their lawful admission to the islands for permanent residence. Generally, the holders are admitted at the port of arrival upon surrender of the certificate and proper identification, but, of course, they are subject to examination under the Immigration Act of 1917. Puerto Rico and adjacent islands, the Philippine Islands and the Island of Guam in the Ladrones were acquired from Spain by the treaty of peace signed at Paris, December 10, 1898, as a result of the War with Spain. The treaty was ratified by the Senate February 6, 1899, and ratifications exchanged April 11, 1899. (note 14) The provisions of the American Constitution, particularly the fourteenth amendment, did not extend to these islands. The Supreme Court said some years ago (note 15) in a most comprehensive decision as to the status of the islands acquired by this treaty, that the power to acquire territory by treaty implies not only the power to govern such territory but to prescribe upon what terms the United States will receive its inhabitants, and what their status shall be in what Chief Justice Marshall termed "the American Empire"; that in the case of Puerto Rico and the Philippines the civil rights and political status of the native inhabitants should be determined by Congress; and that in all these cases there is an implied denial of the right to American citizenship until Congress should signify its assent thereto. |