Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-08-05
STATUS OF HAWAIIAN PORTS.
An Interesting Opinion by the At.
tOrney General

torney General.
Attorney General Griggs IN an opinion
on the collection of tonnage tax from YES
sells coming from Hawaiian ports saws
regarding our relations with our new nos
sessions:
Sir: You ask my opinion as to whether
the tonnage tax should be collected from
vessels coming from Hawaiian ports
The resolution of Congress which, with
the corresponding action of the republic
OF Hawaii, annexed the Hawaiian Islands
to the United States operated for inter-
national purposes to make those islands
part of the territory of the United States.
But when territory is acquired by treaty
or conquest or otherwise, it's relations to
the nation acquiring 1t depend upon the
laws of that nation unless controlled by the
instrument of cession. 1t may for certain
purposes remain foreign temporarily or
permanently, and is not presumed to be at
once put upon the same footing as all other
territory OF the nation, but rather the con-
t1ary.
and fully transferred to the United States
its ports were regarded as foreign within
the meaning of our revenue laws. Flem-
ing ct al. V. Page, How, 617.)
This being SO, it seems to me we should
be able to find some provision in the reso-
luton anneXing the Hawaiian Islands in
dlcating an intention to change the rela-
items of our tonnage tax laws to Hawaiian
ports and vessels coming from them, or
those relations should be regarded as con-
tinung.
such an intent 1 do not find in the gen
Ell al declaration annexing the islands
part of the territory of the United States.
That declaration, there having been no
treaty, is intended to have the effect of
treaty of cessicn merely. 1t is the act
whereby the Islands become. in broad
n iFlT arlssr
How that sovereignty will regulate their
status with regard to itself and its laws,
is not thereby intended to be determined.
Neither do 1 think that the express
declaration that our land laws and certain
other laws shall not apply to the islands
carries the implication that other laws
shall apply to them, upon the principle,
often misunderstood, that the expression
of one thing excludes another.
ION the other hand the resolution is re-
plete with indications that, temporarily.
the relations of the two countries are to
continue practically unchanged. Even some
OF Hawairs relations with other countries
are to continue; its government is still
to exist and collect its revenues; its laws
are to remain in force, however at variance
with our laws, and the powers, civil, jul
d:cial and military, exercised by its Off
GERS are still to be exercised. 1t is, more
over, plainly apparent that Congress re-
CARDS the establishment of an American
government for and the extension of Amer
lean laws to the islands as matters to be
attended to in the future, upon consider
alton of the wide separation of the two
countries in locality and character.
IF we should hold the previous relations
of the two countries altered suggested,
we should vainly look through the resolu-
ton for any adequate provision for en-
forcing such laws as are supposed to apply
to the islands. No arrangement is made
for collecting our tonnage tax upon ves-
sells of other countries entering Hawaiian
ports, nor is any other tax law or other
law of the United States, unless 1t be the
law prohibiting Chinese immigration, ex
pressly or implicitly, furnished with lnstru-
mentalitieS for its execution.
1T seems to me that in view of this
general plan and of the express declara-
ton that the existing customs relations,
elsewhere spoken of the present COM
mercial relations of the Hawaiian Islands
with the United States and other countries
are to remain unchanged, 1t is not going
too far to say that Congress has affirrna-
lively indicated it's intent that such laws
as our tonnage tax laws are to remain I'M
disturbed by the annexation of the islands
until Congress shall provide government
for such islands or until commission
shall advise and Congress enact such leg
islation concerning the Hawaiian Islands
as they deem necessary proper
Vessels from Hawaiian ports, therefore,
having been from foreign ports within the
meaning of the tonnage tax law, have not
ceased in my opinion, to be vessels from
foreign 1rts within the meaning of that
law