The Hawaiian gazette., 1899-10-10
Differs With The Supreme Court
Of Hawaiian Islands.
on the REGISTRY OF VESSELS
Language And spirit Of Annexation
Resolution Did Away with Ha-
wa,ian Nationality.


Following Is the full text Of the
opinion rendered by John w, GrigRs.
Attornev Camera, NJ IN. limited s,o,..
~, e.... :. - r..-- =, >
e'"'' vi '"e treasury vi 'ne
question OF registering vessels under
the Hawaiian flag, and on which Pres
itent McKinlev'a last Hawaiian rroc,a.
,,o.,or u.,,..s l., A.. en-. ...r.-,..,,
:" ~
coiuhh' Ii Dased:
Dep"' '"ienl VI 'us''ee' "asnihstoh'
ID. u, september IL, 1899.
The Secretarv NJ tho Treasury Sir.
Your letters of August and q with
their enclosures relative m tho ,asu-
ance of Hawaiian registers IN vessels
are nj hand
The decision NJ tho Surname co,r,
M the Hawaiian JsIapds COW ~
which Won send detorminos ,r rai..,on
m anniications Tor writ ~ monda MIS-
IN cnmnei the issuance n, Tawoiion
repis,ars IN cortain ,,assois .ha. ~
Hawaiian reSistrv In ws oro no.. ~
the munic,nai Ie1,sIat,or ~ thosa Ia
ands remainine IN Sorco hv tho .or.",
of tbe ro.oIution ~ orra.o.,on a.S
that Conrress manisesteS M n.rt;cn.
lar intentIon N ohro.ota .ha ua,,s;,.r
rayistration Law. ,rrrnoS;otaIw ,no,,
annexation hmt maniSastoS a oonarai
intention m Continual thoso ,ows Tha
said apnlications were however nv
This oninion denied unon othor oro,,rds
but the cases have rennened Tor the 40.
Termination ~ a certain onss,,on y,
fact not material IN tho nresent in
1uirv Nevertheless the auestion .,
law now before ms was daHniteiv r,,,ed
Inv that oninion and since tne Treas
urv Denartment has .aLen the oro,na
that vessels should NOT no amtbor;zaJ
TO receive Hawaiian reyisters and sv
the Hawaiian f,ag after INV , 1909
Won suggest tba, Tho on,v ramad,, TO-
the Situation 10 an Exscutivo ordor
susnending tho issuance ~ Hawo;;on
registers as a recent Execntiva order
suspended the holding NJ general
election in the Stands nrovided FOR nm
der the Hawaiian Constitution. and
Won request INV opinion as 70 the 10.
gality of such an order Of the Presi-
dent IN he nrocnred and ,ssued al vomr
Instance under tho rasointion ~ con.
press for the annaxation NJ Hawai-;
Under these circumstances there
fnrn tho nraaffnn 10 fairly a 1apal
tion and ono arising in tho administr.-
tion of vomr Recruitment n ia oh
yiousIv a question ~ high imnortance
and demands careful consideration
from the legal standnoint as we'll as
from the standnoint of wise govern
mental nolicv
The decision of the supreme Court
of Hawaii 10 based mon the view of
80,
who saws "Tbe registry 10 not doc,
ument renuired nv the law of nations
AZ eynressive NJ n sbin,s national char
acter The registry acts are To he
construed no forms ~ Ioca, ar mun,ci-
nal institutions for nurnoses NJ nuhIic
noJicv." Rut n ia evident that while
chancellor Kent finds the source NJ
registration in mnnicinai law and mt
in the law NJ nations the character NJ
repjstration as a governmentaI act 10
national and exnresses sovereipntv
The issuance OF registry to vessels en-
fitting them to carry national colors ia
an Act of sovereienty. althoueh the
register itself ia not document re-
0uired by the law of nations as indi-
catiye of a ships national Character:
for this can be shown in other ways.
as. for instance. by a consular certif-
cate attached to the bill OF sale of a
vessel to an American citizen. This ia
evidence of a national character and
entities the vessel under the consular
regulations TO the protection of the
flag. Sea letters are also AT times evil
dence of the national character Of n
vessel. and a hill of sale also ia such
evidence. Chancellor Kent himself
says as ChioS Ju.t;ce ~ the Sunrana
Court OF New York, in the case of Bar
ker VS.. Phoenix Insurance. Company
Is Johns. 3O7. 3l9). referring to two
kinds of American vessels. the one
registered and the other UNREGISTERED
and carrying a sea letter or an official
certificate Of ownership. But in ref
erence to the law of nations and to Sc
curity upon the high seas, both spe-
cies OF vessels were equally entitled to
protection as American property"
While thus there are other docu-
ments which impress national charac-
70, unnp a yaaoal tho rauistar ia thu