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

President Of the United shall direct and the prsi
dent shall have power said nil the vacan-
cies i occasoned.
The existing treaties of the Hawaiian Islands with foreign
nations shall and determine being replaced by
such exist Ice hereafter concluded
the United and such foreign nations munich
pal legislation of the Hawaiian Islands not enacted for the fulfill
of the exnGuhed and
this joint resolution contrary the Constitution of the Unit
cd States any existing treaty of the United States shall
remain in force until Congress Of the United States shall
otherwise determine.
Until legislation shall enacted extending the United State
customs laws and regulations the Hawaiian Islands the exist
ing relations of the Hawaiian Islands with United
States and other countries shall remain unchanged.
The public debt of the Republic of Hawaii. lawfully existing
the date of the passage this joint resolution including
amounts due deposors in the Hawaiian Postal Savings Bank
is hereby assumed by the Government of the United States but
the liability of the United States in this regard shall in
exceed four million dollars So long however the existing
Government and the present commercial relations of the Ia
wan Islands continued hercnbeforc provided said
shall continue to pay the interest said debt
There shall be further immigration of Chinese into the
Hawaiian Islands, except upon such conditions are now
hereafter be allowed by the laws Of the United States and
Chinese, by of anything herein contained shall b.
allowed to the United States from the Hawaiian Islands
The President shall appoint five commissioners, least
of whom shall be residents of the Hawaiian Islands who shall
reasonably practicable. Congress such
legislation concerning the Hawaiian Islands they shall deem
necessary proper.
"Sec That the commissioners hereinbeor n.svicd for
shall be appointed by the President by and with the advice and
consent of the Senate.
See 3 That the sum of one hundred thousand dollars or
much thereof may be hereby appropriated
of in the Treasury otherwise appropriated. and
be Immediately available be expended the discretion
the President of the United States of America for the
of carrying this joint resolution into effect"
These of number of argued this which
involve questions the application of provisions of the
Constitution of the United States territory belonging the
United and whether "Terrorcs strictly speaking
possessions forming part of what Mr. Chief Justice Mar
shall called the American Empire and part of the Unit
ed States the restricted meaning, composed of the
several States proper 1t is perfectly clear from their subject
their express language that provisions Of the
Constitution of the United States apply the States proper only
and territory merely belonging the United State But
there many provisions in regard which there greater
less degree of uncertainty OF these for example.
several of the amendments very general i'll FORM containing
nothing within themselves indicate whether they intend
ed limit the power of Congress with respect whatever
rory might bc exercised limit only in far the
proper their inhabitants might be affected Others like
those in question: clue their intended scope.
instance, words States the word State
and yet there is uncertainty whether these words
used in their broader their And notwih
standing the of thought that has been bestowed upon
these questions for than century urists still differ widely
in their in regard them See for example, the articles
by Professors c. G. Lngde of Harvard and s f Baldwin of
Yale in the Harvard Law Review for February, 1899.
why these questions have been definitely
tied by judicial decisions is Congress general lcg
aton has usually included expressly by implication the
tories with the States and in Its organic creating
the usually expressly provided that tic
Constitution of the United States should have the force and
effect the elsewhere III the nltcd
consequently it has often sufficient in passing upon
passed by the territorial legislatures hold that the provisions
of the Constitution in the territories by express
of Congress- whether also in force there per ropro
rgor But in the present Congress has not extended
general laws Hawaii has it extended Hawaii
the provision of the Constitution in question On the contrary
expressly provided in the Resolution Of annexation that:
Until legislation shall be enacted extending the United State
and the Hawaiian Islands the
relations of the Hawaiian Islands with the United
States and other countries shall remain unchanged.
the resolution contains also the following provision
which if Standing nnnc nc afford rrnnl arr