The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-11-16

were by said Resolution declared Ice part territory
the United and subject sovereign dominion thereof
It further resolved Congress provided for the
Government of Islands all the civil judicial and military
powers exercised 10y the officers the existing Government
should be exercised in such the President
cd should direct and the President given power
any and ill the occasionc Exist
ing Treaties Of the Hawaiian Islands with foreign
declared determined and provided municipal
legislation of the Hawaiian Islands enacted for the fulfill
Of the Treaties eXtinquhc and inconsistent with
this Joint Resolution contrary the Constitution of
United any existing Treaty the United shall
Congress United
otherwise determine The existing Customs relation Of the
Islands with the United and other
changed These all the provisions of said Resolution that
material TO the decision of this Appeal
On August 18TH 1S9S the formal raising of the flag took
place and President Mckinley through the American Minister,
Harold NJ Sewa directed the powers the officers
the existing should continue vested in such officers,
but requiring of allegiance United States
further directed in language similar that of the Resolution,
that the municipal legislation of Hawaii should force
till Congress of the United should otherwise deter
mine until the Resolution of July 9Th signed by the
President of the United the Republic of Hawaii pos
essed all the attributes sovereignty and held acknowledged
rank among all nations Independent Republic. On the
contamination of Annexation all the rights of sovereignty
relnqu~hed by the Republic granted the United
But these powers could enforced by Federal Gov
special legislation purpose
feet system all the functions of Government remain
be exercised by the existing Republic On August 1895
the Government Washington undertook conduct all dPo
matte intercourse in behalf of the Republic of Hawaii
assumed the responsibility Of its relations with foreign powers
but this extended system Islands
All the other rights and duties of Independent
be enforced through the machinery of Government established
here and in operation that day. 1t held Republic
Of Hdrdii Z. g. l.. Ed,rdrds, IIaw.
Prior to July 9Th, 1898 citizen of the Republic Of a
wall might have purchased vessel and complying with the
requirements of law have had the registered Hawai-
ian vessel and theeupon have procured license and engaged
in coang nterisand trade and without obtaining such
y such license could be obtained and without such license
vessel engaging in coastng trade liable seizure, con
cation and sale for the benefit of the Republic Civil Code page
Defendant contends that this right passed away when the
Hawaiian flag was lowered and replaced by the American flag
the ground that the Republic of Hawaii hcreupon ceased
exist Independent nation and without separate nation
ay certificates of registry vessels.
In international law ownership Is the basis which the
onaiy of vessel The ownership cvnced primarily
by the bill OF but certhcte OF consul that the vessel
owned by of the subjects of the he represents
like certificate by the proper executive officer of such country
, Whartons International Law Digest Sec.
Foreignbult ships entitled the municipal privileges
given by statute registered vessels of the United States but
that they entitled the protection from the govern
when owned by American citizens declared 10y Thomas
Jefferson in 1893 and has been conceded ever since
The privileges conferred upon registered vessels conferred
exclusively by legislation They do arise by virtue of the
Law of Nations but rest wholly municipal enactment What
be the territorial standing of registry acts, they
within the limits of the country enacn them, the law Of
the land if constitutional.
not an essential prerequisite Registry Vessel
that the Minister of Foreign Affairs the Colec
torenera of Customs the reply of accredited
consul of the nation which the vessel formerly belonged
the existence Of impedment If there Is such rep
rntative consul the does require and if there
Is his certificate would be the expression Of his opinion
and of value than his certificate of other fact
church HubJdTt Cranch 1S1.
We of opinion that the Registry law i municipal egi
lation and inconsistent with the Newlands Resolution
We also of opinion that Is In violation OF the contu
of Or
has been called American that will be violated
and know of that be in any affected by the
granting the registry applied for The constitution of the
United States provides that Congress shall have To
late with foreign nations and the several States