The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-02-21
HAWAII NOT 4 COLONY.

The movement in Congress by some
of the Republican leaders to place this
Territory in the same political rela-
ton to the Federal government that
exists between the coded Philippines,
and Porto Rico and the government
win probably not be successful.
Hawaii mas been lawfully annexed
to the United States with the consent
of the Hawaiian government. The an
ne2ation act expressly recites the fact
OF this consent. 1t was a contract in
which both parties deliberately joined
and involved the making Of these Isl
ands a part of the United States.
The Philippines and Porto Rico are
conquered territories Cession by Spain
makes them the property Of the UNIT
ed States, without definition of title
In the case OF Hawaii, the constitution
and laws of the United States are eX-
tended over the Islands, by the declar-
alton that no municipal laws shall be
passed in conflict with the eonstitu-
ton.
Over the territory coded by Spain
there is no argument for, or sugges-
tion Of, the domino nee of the consti-
tuition and laws over the coded ter
ritory. The relations of an annexed
territory are not created.
1t is well known that the United
States possess, by some title, the ISL
and of Nevassa in the Atlantic, and
several islands in the Pacific They
also possess certain rights in Samoa
But is not contended that the consti-
tuition and laws, by the act Of posses
sion, extend over these parcels of ter
ritory
While the question is a new one re-
withhold the operation of the consti-
tuition and laws over territories. il has
been decided indirectly by the Supreme
Court at various times. As the ques-
ton raised affects our own interests.
the following extract repeatedly cited
in the Congressional debates from the
decision Of the Supreme Court in
Loughborough VS.. Blake 4 Wheaton
will interest laymen:
The eighth section OF the first article
gives to Congress the power to lay
and coolest taxes, duties, imposts, and
excises' for the purposes hereinafter
mentioned. This grant is general,
without limitation as to place Il con-
sequently extends to all places over
which the Government extends. Ii this
could be doubted, the doubt is re-
moved by the subsequent words, which
modify the grant. These words are
but all duties. imposts, and excuses
shall be uniform throughout the United
States" 1t will not be contended that
the modification of the power extends
to places to which the power itself does
not extend.
The power then, to lay and collect
duties, imposts, and excuses may be ex-
erciSed, and must be exercised
throughout the United States. Does
this term designate the whole or any
particular portion of the American en-
pire? Certainly this question can ad-
nit of but one answer. 1t is the name
given TO our great Republic, which is
composed of States and Territories.
The District of Columbia or the terri
within the United States than Mary
land or Pennsylvania; and it is not
) less necessary, on the principles of our
Constitution, that uniformity in %he
imposition of imposts, duties, and ex-
ecises should be. observed in the one
than the other. Since, then, the power
TO lay and collect taxes. which includes
direct taxes. is obviously coextensiye
with the power to lay and collect Iu-
ties, imposts, and excuses, and since the
: latter extends throughout the United
States, it follows that the power to I'M
pose direct taxes also extends through
out the United States.
The act OF annexation extends the
constitution and laws over the Hawai-
ian territory, but the constitution and
laws have not been extended over the
coded Spanish territories There is a
clear distinction between the cases.
The territories of lew Mexico, Okla
hama, Alaska, and Hawaii will not be
classed with territory held virtually
by a military title. The majority Of
the Republican party in Congress will
not consent to it.