The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-06-10

difficult and questions 81 constitutional power AMI declare
statutes invalid where this H. avoided harmony with
this principle desire - further in the present ca-s than
It i necessary To- And 1t that hc limits cf
field 81 discussion may H. greatly narrowed by the rui
'ou 81 distinction. which believe ample ground Co
sustain between territory belonging United whether
possessing organized form 81 government not. after Con-
has enacted such legislation Ia cct de-
caracn y that branch c the that tia. territory IS
to he hcnecfor are fully incorporated into the Ancri
Empire AMI territory in rarl which such rrenia-
ton has been made ly the political department cf the govern
and which may h. regarded Lea; Tor purposes
transition only ncloa;cy annexed, We DO
that C"usp> may lawfully suspend thc operation
Of the Constitution y naciion lawfully postpone operation
indefinitely where otherwise would l. forc but merely that
the Constitution framed by reasonable and with refer
rccoGnizc principles and ought
ucl with reference such principles To illustrate. the Con-
ut"n contains many provisions intended safeguards IL the
fundamental rights of life liberty and property and Vet these
cf necessity ~ entirely disrcsarcl under certain crum
in time Of because Necessity authorizes breach
III the Constitution but anc that constitutional
lawful which would otherwise H. unlawful,
ia other words bau>c j. only another for difference
Of circumstances AMI the law applicable IL circum
stances applicable essentially different Of circum-
Expressed in another way the Constitution itself pro
vdCs for 81 well and the law
applicable "f determined Nv the ussgcs and
Of nations differ from hc law applicable of
peace
Similarly the Constitution eon,cunpa,c~ the acquisition
ory, and either conquest This
necessarily implied from the power make treaties and the
power declare And whether 81 these methods Of
acquiring territory the other pursued the recognized and
appropriate rules applicable such may he followed For
instance Joint Resolution anncxn these islands Unit
al States, regarded Act Of Congr would in accordance
with the general rule applicable 81 Ccngr, other
date being named take effect upon approval by the President
July - Indeed. II puTt take effect Ii Is
in the present The islands 'arc hereby anncxc And
Vet would seriously contend that annexation io place
before the transfer 81 sovereignty, August Il, 1898 For, al
though the United State may acquire territory ~ joint rn
tion of Congress under ihc Constitution a; doe not lie
with this hold the contrary and although Congrc
ported these islands la that forthwith, yea both
the Constitution and the Join; Resolution - taken have
been adopted with reference the recognized principles of
municipal and international law, "f which l. that, after the
analogy If decd 81 real property change 81 sovereignty docs
ordinarily take effect until delivery Chancellor Kent
With respect places 10y treaty
peace though the treaty operates from the making Of H. IL y
principle Of public law that the national character Of the place
agreed b rendered by treaty continues a. il under the
Of the ccdng country until II &c actually transferred
= The practice Of nations has been eonfcrmsblc to
this principle and the conventional law Of nations full Of in
stances of this kind" Com La.
1t i therefore conceded that the Constitution
effect here until at least and five days after the Joint
Resolution became law although that Resolution in the pres
cut tense although Nv It, further such
formal transfer possession sovereignty proclamation
by the President required &" complete annexation Hence
alleged il the complaint that thee ilani annexed
on August II, Is9s, July :, l>3>.
Again suppose the. Islands aeuiry-i Iy conquest
instead c-"n. the with Puerto Rico and ths
Philippine such a- i conceded, the Constitution
would no, force least until further action y the law
making tlc trcaty-making power Until ihcn ihc Islands
under military rule aud occupation l thr cxcuiiV'
comuaudcrnchie And vet the ISLANDS would "a certain
sense belong thc United State. They would not 10 ia
c-ncnt or belong To- any other power nations would l.
obliged tlerl belonging the United Stats bn the