The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-20
An Alleged Constitutional objection
to tho Annexation OF Hawaii.

co Ln0 OF W
In the September number Of the North
American Repieto Mr.. LoNaFIELD GoRMAN
has put forward what he imagines to be a
fatal objection to the annexation of Hawaii.
We quote his premise and his deduction
"The Constitution of the United States. In the nrt
section Of Article II, declares that all persons born
or naturaiired in the United States and subject to the
Jurisdiction thereof are citizens Of the United states;'
and in the nrst section OF Article 10 we are told that
the right Of the citizens OF the United States to vote
shall not be denied or abridged by the United States
or by any State on account OF race. color. or previous
condition of servitude.' Up 60 this time We have
found in our naturalization laws and treaties q shield
for the American ballot box against Asiatics- Neither
treaties nor naturalization laws will serve for this
object II we annex Hawaii and make it Q part of the
territory Of the United States. All persons born in
Hawaii after annexation would DO born on American
soil. and their right to vote could not be abridged BY
the United States or by any State
Two facts are overlooked by Mr.. LONG
YIELD GoRMAN. Let us suppose, In the
first place, that Hawaii should be admitted
at the outset as a State. Even then, the
the Federal Constitution would permit the
State of Hawaii to determine who should
exercise the suffrage, subject to the one re-
striction that nobody should be disqualified
on the score Of trace, color, or previous
condition OF servitude." Neither q high
property qualification nor a high educa-
tional qualification is prohibited by the
amended Constitution of the United States,
and 1t would be lawful to deprive the chill.
dren of the Asiatics now resident In Hawaii
Of the franchise so long as they were un
able to satisfy the property n educational
restrictions. About this point there is no
doubt whatever. Any State is at liberty
to define the qualifications for the suffrage
SO long as these do not deny or abridge the
rights of citizens of the United States to
vote on the score Of race, color, or previous
condition of servitude.
1t is not needful, however. to admit Ha.
wall as a State, and we should violate tho
majority of precedents II we did 30. O the
geographical and political entities exterior
to the original area of the Union, Texas,
and Texas alone, was admitted from the
outset as a State. The Louisiana Territory,
when purchased from France, was at first
subjected to a territorial government under
which the inhabitants had the right to
vote neither for President and Vice-Presi-
dent nor for members of Congress. Such
was the case with Florida such was the
case also with the extensive area obtained
by treaty from Mexico In 1s4s. A part Of
that area is subject at this moment to the
same disability. These, however, are not
the only presidents which ought to be kept
in view by those statesmen who are alive
to the peculiar composition of the Hawaiian
population. In the Federal District of Co.
lumbia, although 1t contains the national
capital, the inhabitants arc not allowed to
vote for President and Vice.President, nor
are they even permitted to elect local off.
GERS or frame their local laws. With such
q precedent as that before US, there is no
part of the world which we could not annex
to our republic.
If any trouble Is apprehended from the
Chinese and Japanese elements of the Ha.
waiian population, 1t is plain that the diff
Guilty can be surmounted by giving Hawaii
a Government identical with that which Is
now IN operation In our Territories, or with
that which is applied to the District of Co.
lumbia. But such a solution Of the prob.
lem Is not indispensable. Hawaii. as we
have said, might safely be admitted as a
State, provided her State Constitution
should prescribe such property or educa.
tional qualifications for the franchise as
would assure the Transformation of the
Chinese and Japanese residents into law
abiding n creditable citizens.