davidaulloa/AmericanStories huggingface dataset:
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02

and Federal tribunals-when II be
comes Americanized."
Article III, Section'1, OF the Consti.
tuition reads:
1.-THE judicial power Of the United
States shall be vested in one Supreme
Court, and in such INFERIOR courts
as the Congress may from time to
time ordain and establish"
As the Circuit Appellate Courts are
not the Supreme Court, 1t follows that
they are inferior" courts, and are so
designated.
II is rather amusing that the Argo-
naut and Its amateur need more
"Americanizing" in the knowledge Of
the courts created by the Constitution
than the humble Advertiser, that has
been published for less time han a
month on American soil.
We may now expect some more
horse shed" opinions from the Argo.
naut's amateur. Its purpose is not TO
give out any really sound opinions in
Hawaiian affairs, but to make IL hot"
for all of the late annexationists, and
stir up the natives here to
the belief that Congress will foot bali"
them in every direction.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02
COMMISSION PLANS.

We urge our readers to put little, II
any, dependence upon the street talk
regarding the plans or theories Of the
u. 8. Commissioners, regarding the fu-
ture government OF this territory. The
views of the Commissioners will not
take definite shape at present, simply
because the Commissioners are at pres
ent only thinking and discussing. 1t
is quite probable that before making a
report to Congress they will discuss
their views with President Mckinley.
This is simply an opinion in the mat
ter. Sensible men can generally be
counted on to take a sensible course.
In a matter which may possibly in
volve new departure from the ira
ditions,' there will be no haste on the
part OF the Commissioners to advance
crude opinions.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02
ONE HALF AN ANGLO.SAXUN 70
THE SQUARE MILL:

What our laws should be in the flu
ture, just how we should be governed
who should have the franchise, and
what Congress ought to do in the
premises are, OF course. vastly import
ant matters to us, at least.
But there is another and perhaps
still more important matter, namely,
who, and of what kind, shall be the
people that are to be governed by these
laws. Ought the Commission author
lied by Congress, to consider this mat
ter, and to shape legislation, II it can,
so AS to wisely secure the right kind
OF people? Or is the question OF the
future population secondary AFFAIR?
There is in this city today an Amer
lean with his wife and children. rep
resentative of the average settler, and
possessed of moderate means. He de-
sires to obtain land on this island of
Oahu. To his surprise, he finds that
before the Flag has been flying one
month, available land is not for sale.
or is held at fabulous prices.
Here is the situation. The area of
the island of Oahu is $3.50, 900 acres or
600 square miles. Ii 1000 acres are
deducted for the site OF the city of Ho-
noluln, and the 1880 inhabitants of
this city are deducted from the 40. POS
inhabitants of the island. of Oahu,
there remains 5000 acres of land
and lO,2S5 people upon 1t. or about Is
persons to the square mile, outside of
the city. Porto Rico has 24O persons
to the square mile.
The Americans, Germans and Eng
fish on this island number S,O3l. and
OF these $3.50 live in the city, leaving
POI Anglo-Saxons upon about 600
square miles. This is at the rate OF
less than one-half an Angio-Saxo to
the square mile outside of the city. At
present We make no reference to the
Portuguese on the Island. Their con-
dition will be considered hereafter.
And now comes this American i'm
migrant, who salutes the Flag, and
asks the privilege Of increasing the
Anglo-Saxon population to something
more than one-half a man TO the
- 1Dfnonsh1dkSs ssxsbswsy.s
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02

square mile. lie mas tnat ne Teail
is not wanted, but about 5000 Asiati
laborers are eagerly wanted. He look
today over many thousands OF acre
which, under liberal policy adopte'
by the whole community, should in
vite him to a homestead, with irri
CATION facilities attached to 1t, and h
finds these acres are only q wilderness
under long leases. As an individual
he Is helpless. II he chooses to aban'
don the position OF an Independent
farmer" which Is the inspiring theme
OF the Fourth OF July orations, he IL
perhaps welcome to the sugar planta.
ton on fair business terms" but
under a leasehold interest. That IT,
he must pass directly or indirectly
under corporate rule.
We studiously avoid any attack on
the great sugar plantations, on which
we all live and move and have our
being. The men who control them,
and who are gradually absorbing the
lands are, as business morals go, JUS
tilted in appropriating every square
foot of land on the Island, even II 1t
results in the creation OF few rich
proprietors and numerous class of
laborers without homes" To serious
ly ask these men to check great com
mercial enterprises for the sake OF
humanity" or in the interests of a
higher civilization" would be simply
Sunday school business. The world
has not been keyed up to such ragen-
crate proceedings. Only the State, or
the general community behind the
State, can do it or ever does do it.
Perhaps the day has passed for re-
constructing our land system. The
history of all communities is that
when the social problems become CON-
plicated the complications are thrust
one side, and allowed to take their own
course. Then these complicated prob
lens, like the anti-rent riots of New
York State, under the old PATRON sys-
ten end in mischief, or like the anti
leasehold quarrels of Australia end in
radical legislation.
The Commission should understand
the situation. 1t would be wise for 1t
to provide, If possible, some legislation
which may at some period in the fu-
ture deal with the subject. 1t is a
most troublesome issue, and cannot,
we presume, be dealt with wisely by
the present Commission. In the
meantime, after sixty years of Amer
lean dominance, there is less than one
half an American to the square mile
on Oahu, and there seems to be only
a slight chance Of making even three
quarters Of a man to the square mile.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02
EXPANSION.

The very divergent views about tn
expansion OF the boundaries OF tn
United States are largely due to TEN
permanent and not to careful reasoning
1t is the "bull" temperament that ia In
favor OF expansion. It Is the bear
temperament that is In favor OF re.
strictiOn.
Two men, equally intelligent, patri-
otto and well informed, will, on the
same state OF facts, entirely disagree
In conclusions. The courts are full OF
contradictory decisions, simply be-
cause different judges, able and hon
est, have very different Compartments.
Habit and environment also change
and modify temperaments somewhat
Self interest is, as well. decidedly in
fluential.
1t is already evident that the people
of the older and thickly settled parts
of the Mainland are conservative and
rather disinclined to favor expansion.
The men OF the younger States, the
restless, those who believe that there
are great fortunes for them in another
place. or in new countries, are in favor
Of expansion. The great army OF men
that has been moving westward from
the Ohio river. during the last half
century, has reached the Pacific, and
wishes to jump it at a bound. These
men are willing to annex anything in
sight. from Siberia to the South Pole.
II there Is any money in it. They be-
lieve sincerely that the American peo-
pie can regulate and govern any COM
munity, whether IT is that of Hawaii or
the whole of Africa.
Even If the policy OF expansion may
have danger in 1t. those who oppose 1t
are governed as much by their fears
and approximations as by reason. 1t is
not in accordance with traditions that
the nation crosses the seas. But there
Is nothing intrinsically dangerous in
1t. The anti-expansiOnists do not be-
lieve that the Federal Government can
wisely govern colonies and territories.
1t certainly has not in the past. and
experience is SO far against it. But
the evolution Of the nation Is gradual
ly, very gradually, indeed, developing
most intelligent administrative power
In its officers. 1t is merely question
Of time when the Nation can govern
well colonies and territories.
As the Nation stands today. there
can be no rigid policies. 1t Is the age
OF surprising changes, due to new
thought and quick transportation.
In many OF the new relations Gre
ated by these novel conditions, the ma
ton is as much pioneer in political
science, foreign and domestic, as the
are In the application OF
The policy Of expansion is one that
should be moulded by the wisdom of
the hour and not by the simple ira
iitions OF the past. But temperaments
md personal interests have too large a
share in forming 1t. and may not do it
we'll.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02
DRED SCOTT CASE.

Several inquiries are made about the
bred Scott" decision, alluded to yes
terday in these columns. Briefly stat
ed 1t is this bred Scott was a slave
At one time his master had taken him
into what was called free territory,
that is, territory where slavery did not
exist as fact. He had also been TAX
en- into a free State at one time. he
brought proceeding before the courts
to establish his right to freedom. When
the case reached the Supreme Court of
the United States, it was carefully con-
sidered by the judges, and the major
ity of the court held that bred was
negro and slave, and therefore he
was not a person or citizen, and
could not sue in the Federal courts.
The decision of the case against
bred Scott created intense excitement
among the "abolitionists." 1t largely
contributed to the political excitement
that provoked the Civil war. 1t was
discussed on the stump, and in every
boys debating society in the Northern
States. 1t caused personal encounters
between the free soil' students in
Yale college, and the students from
the slave States. The Constitution
had clearly recognized property in
slaves, but the Abolitionists and free
soil men claimed that it did not. Gar
rison said that the Constitution was
only league with hell"
AS the bred Scott case settled the
law that a ''nigger" had no standing in
any Federal court, 1t sharply defined
the issues between freedom and slav-
cry.
The decision OF the case involved.
more or less, the relation OF the terri
tories to the general Government. The
Court held, among other things, that
Congress held all acquired territory as
a trustee for the people Of the United
States, and therefore Congress was
bound to legislate for the territories
and govern them, as the people of the
States were governed. 1t said that
although Congress had the power,
under the Constitution, to make rules
and regulations" for the territories, 1t
could not deprive the people OF a ter
ritory OF the right to trial by jury.
Congress had, according to the Letter
of the Constitution, the right to de
rr,ve them OF jury triaIs. bur the Court
interpreted this provision to mean thar
Congress must govern the territories
In the same way. substantially, as the
people of the States governed tbcm-
selves. 1t referred. however, only to
the fundamental right. The decision
recognized the power OF Congress to
make different laws for different ter
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02

ritories in matters that do not involve
fundamental principles.
The force and legal value Of the bred
Scott case ended when the Constitution
was amended by the abolition Of slav-
cry. The principles Of the decision
stand and indicate the relation OF this
territory to the Federal Government.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02
A PHILIPPINES ARGUMENT.

The New York Sun furnishes a cal
culation OF the entire expenses of the
Spanish war including pensions, inter-
est. loss Of time by soldiers, and places
1t at $s45.OOO,OOO. 1t bases its estimate
on the cost incurred in the Civil War.
Much of the estimate is conjectural, but
has basis Of fact. On this ground
the Sun insists that the Philippines
must be retained as indemnity.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02
The r>>>, IL HOUR.

II the Commission could hear town
talk 1t would learn a whole heap about
itself.
Rapid Transit would he appreciated
by the soldiers and the Rapid Transit
would appreciate the soldiers
Looking at the map, one would say
the State OF Texas would require for
the Executive chair a man about the
size OF Ex-Governor Hogg.
1t Is decreed that In future there
shall be little, II any wood. In ships of
the American Navy. There is moth
ing wooden about the officers or men.
or the latest and most successful
Boys in Blue feast given at the Execu-
tive building grounds 1t may be said
with entire frankness: The women
did it,"
A decree has been issued by Abdul
Hamid that bicycling for women is
immoral. A man with three or four
hundred wives would naturally take
that view Of It.
The Commission has patience to q
commendable degree. II Is a proper
forum and not without the genuine
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02
COMMISSIONERS BROWNS LETTER

The valuable letter of Mr.. J. F.
Brown. published in these columns on
the eth, should be circulated through
out the United States. Its semi Official
character gives 1t much weight. No
one, for moment questions, Mr..
Browns thorough knowledge OF the
subject, and his impartiality.
Some of our authoritative publica-
tons during the last few years contain
statements which are not consistent
with Mr.. Browns statements. Too
many on the Mainland have been led
to believe that here Is a land flowing
with milk and honey. A statement
that tropical fruits grow luxuriantly
in the Hawaiian Islands" leads the ten
derfoot to believe that there must be
money in it. While these statements
have been published far and wide by
correspondents and in official docu-
ments, another fact, namely, that our
local markets were supplied with
oranges, peaches, pears, grapes and
other tropical fruits from San Francis
co distant 1000 miles. has not been
stated. II 1t had been the person pro-
posing to emigrate would naturally
ask the why and the wherefore.
AS Mr.. Brown says, the cream of the
Government lands has passed into
private hands, land long leases have
been made covering the most valuable
Government and Crown lands"
pessimist will see in these words
something ominous-something very
like death knell to any true Ameri-
can civilization here.
Here is an area of 5000 square miles
with population of about 10000 Euro
peans, including Portuguese, and the
rest of the population draw back"
as many pronounced Americans say. to
our civilization.
Over against this is Porto Rico with
about one-half the area of these ISL
ands and a population of 7S4,7OO, all
resident and fixed, and not a draw
back With these figures before us.
the handful of our own highly civilized
people contrasted with the half million
In Porto Rico, Mr.. Brown tells us what
the condition of our land system ia
and with the raising OF the flag, he ia
forced In the conscientious discharge
OF his duty to shout over to the Main.
land halt. and virtually tell the peo-
pie who have been encouraged to be-
lieve that Uncle Sam would give
home to all that wished to live in this
PARADISE, that the Paradise has the
blight of long leases over its best
lands.
The fact stated by Mr.. Brown that
so far as cane lands and sugar cul-
tivation is concerned, there is practi
cally no opening except for large capi-
talists, and for few. II any of those. !"
may be complacently received by the
insiders, those who have shrewdly, and
In accordance with law and usage, |
secured the only available lands. Peo-
pie from the Mainland who are now
excluded may seek Cuba.
The vital, the important question is.
when Will you, when can you, put the
average American farmer on these ISL
ands, he who in every stump speech
on the Fourth of July is proudly called
the back bone" of the American ma
ton? This is the question of the hour,
and quite as important as the starting
Of new plantations.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02

Stern objection Is made to the Ioca.
ton OF the powder magazine on the
new beach road on the ground that the
unpretentious structure will mar the
vista.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02
THE ARGONAUT REvERSES THE
SUPREME COURT.

The amateur who for economics
reasons. does up the law literature G
the Argonaut (San FrancIsco) play
havoc, in its issue of August 22nd. wit
the Supreme Court, denounces the AID
vertlser and sneers at Hawaii, whic
II calls a territory with a small t. in
stead Of a big T.
Several weeks ago, the Argonaut cit
ed a decision of Judge Morrow, of tn
United States Circuit Court OF Appeals
in which 1t was stated by the Cour
that:
Congress may legislate in accord
ance with the special needs of eacl
tterritoriaD locality, and vary its reg
the people"
Thereupon the amateur of the Argo
naut declared that Congress could ex.
clude undesirable Hawaiians from the
United States, and full blo0ded Ha.
waiians might be confined to Hawaii
The amateur finished by declaring tina,
this decision will mark a new epoch
in Federal Jurisprudence"
The Advertiser replied that this de-
cision was not fundamental one, that
the court that made 1t was an "in-
ferior" one. and, moreover, that the
Supreme Court had, In the bred Scott
case, declared that the citizens of ter
ritories were on the same footing as
the citizens OF the States, in the pro-
lection guaranteed by the Constitution.
The amateur OF the Argonaut now
retorts in the issue of August 22nd,
that: mo such declaration was ever
made by the United States Supreme
Court concerning citizens of a terri
tory" and the Advertiser is challenged
to cite any case expressing this opin-
ion.
The amateur evidently has never
read the case OF bred Scott VS.. San
ford. 10 How. U. S. Reports. 1t is one
Of the celebrated cases decided by that
great court. The court says on page
AS: (The amateur can verify the
quotation.)
"A power, therefore, in the General
Government to obtain and hold coll
onies and dependent territories. over
these. He firmly believed that wealth.
as rule. was created by the optimists,
who establish new enterprises. but he
said that the course of events showed
that prices We're periodically rising
above true values and 1t invariably
gave the bears" chance to make
viii. The late Jay Gould was one of
which 1t (Congress) might Ieglslate
without restriction, would be incon-
sistent with its own existence. in its
present form"
Referring page 450D to the power
OF Congress to act according to it's own
discretion in governing the territories,
the Supreme Court says that no power
to 80 govern has been granted by the
Constitution. Its language is:
1T is total absence of power every
where within the dominion OF the
United States, and places the citizens
OF a Territory, so far as these rights
are concerned, on the same footing
with the citizens of the States. and
guards them as firmly and plainly
against any inroads which the General
Government might attempt, under the
plea of implied or Incidental powers"
This decision is the law OF the land,
until reversed by the court itself. It is
highiy improbable that the court will
10 This on the Interpretation of the
Argonant or its amateur.
lue Advertiser In tho ,.,iola o,;,i
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02

Inc Advertiser, In the article criti-
cised by the Argonaut, alluded to the
united States Circuit Court'oi Appeals,
mat rendered the astounding epoch de-
cision as an inferior tribunal. There.
upon the amateur of the Argonaut re-
torts:
~ the Honolulu Advertiser believes
that the Circuit Court of Appeals Is
an inferior tribunal. 1t will have 70
learn more OF our Federal procedure
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02

1t Is believed that Col. Barber, as
commandant Of the United States gar
rison here, may be depended upon to
cooperate most heartily and earnestly
with the civil authorities in the sup
preston OF any signs Of lawlessness
on the part Of enlisted men.
The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-02

The Warner Miller Nicaragua Canal
survey made the distance OF the work
but 100 miles. There were to be three
locks and the time required for tray-
ersing was to be twenty-eight hours.
NOW II all the political subdivisions
on the Mainland will agree to do their
share. Hawaii will do hers and the i'm
provement for the United States and
commerce at large can be accomplished
without delay and quite handily.
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-04-30

ms famous Industrial Institute and
College case wa arsuei before the .r
prsme court Wednesday afternoon +,
the presenc: Of a host o. LAWYERS and
spectators. Nessrs. williamson ana
Potter and ". R Harper au cared for
the trustees and Captain Frank johnson
and Ben. H Wells for State Auditor
Holder.
The attorneys for the trustees a-yual
that tn: portion u .He bin approved BIS
the Governor was a law because he had
'hc night tn approve the bin ei.Bar
wholly or in part that If the Gov. rpor
had M constitutional right TO veto part
u the bin. then ais signature was an
approval Of the whole measure. and that
tine portion he attempted TO veto was IN.
constitutional and void within itself.
The attorneys Tor the auditor held
that the legislature had a right to inn
pose c. nditions at variance with the
sthtutes and the effect Of such condition.
would be to repeal the statute with
which they conficted. Their positions
were OF course the negative Of the n
positions stated by the appellants.
Mr.. Harper concluded the arg ment
This afternoon and tn. attorneys on both
sides are hoping for a speedy opinion
from the supreme court. Clarion. Led.
gal
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-04-30
OBEgi AIRY,

Departed this lie Jan, lst. 1898, DR..
T. 5 White. age ft,y eight years. one
month ana seven days Dr.. Wmte
mqie an open profession Of faith in
/ Christ Je. us in the var 1871 at Lynn
/ Creel c1urch, ant was received As a
member of the Cumberland l'rc,byte
van by the Pl.,or. Rev. D. Mcleod at
Lynn Geek. August Eth, 1871. On
Nov. I,th l,l,, he was elected aud
o,dqiael as R1iiug Elder in wifi Il ca.
p1cjty he serysl until the great Heal of
the church called him to his rest and
reward In the ehurch Triumphant above.
He served as clerk Of the session from
1855 up To the time Of his death.
II. leaves d vile and four children.
a number Of rel-tiye> and a large cir.
Gle of trieals to mourn bis death.
Dr.. White was for three wears a
member ol Co.. E Eleventh r a
mgut Of VI IS Volunteers. As citi.
zen he was loyal as a husband and
ne was af-ctionate aud kind. as
a soldier he was trustworthy, o., a
be was consistent. rs "a phvsi
elan he was attentive. Notwlth..aud
Ing be Wa severely afflicted for Years he
was never known to murmur Or com
Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1898-04-30
Drnth of Alr. N. psaIe.

Mr.. n. l.. Deale, aiold confedeiat
veteran, and a well known aud high
ly respected citizen Of Fairfield, diel
Wednesday, April 9th, at the home Of
Mr.. L. B. Wiudham,
For several months the deceased has
been in bad health, bat discharged his
duties, as manager Of Mr.. w, D,
Windham mercantile interests earn
&, tly and faithfully. About a month
before his death he gave up his posi-
ton and went to the home of his sister
and remained there to the eud. He
struggled bravely for recovery, but he
weakened rapidly under the constant
stain aud the end suddenly came
to almost the very last, he
wa resigned, bearing his suffering with
courage and fortitude. He ex.
)irel surrounded by loved and devoted
,aes who bad done all that human hands
'3uld do for him. Mr.. Deale strik-
NJ characteristic was his sterling in.
gritty He leaves a son, Mr Harry
)eale Of Montgomery. q sister and a
to mourn his loss His fun
raj took place Thursday morning, at
I o'clock, Hebron Church aud ii, re
a large attendance Of friends pres
ut to pay the last sad tribute to hi>
-Alabamian. T. H G, Cook.