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

States in pursuance of the Joint Resolution Congress approv-
cd July . 1895 provide anuexne these Islands to the
United States.
1t has just been held 10y this the g. Pea
c"rk Co. Ltd Republic Of Harr1i p - that a,,,n,-
ing that various provisions the Constitution Of the Mite,
States in regard which there great difference Of opinion m
tend for the purposes OF ordinary permanent congressional
legislation territory belonging to the United States - well -
to the States proper they do necessarily their own
force to newly acquired territory Immediately upon it, acoui.
ton but that the laws and government of the coded territory
continue for such reasonable time may Judgment Of the
political department of the government be deemed requisite for
the enactment of suitable legislation territory in con
fomity with the provisions the Constitution If therefore
assume, did in the Pdc0ck case that the constitutional
provisions in question would under ordinary circumstances e
tend to Hawaii still we must hold in that that were
not in force here opo rgoc Immediately after the trans
Ter OF sovereignty The question then remains whether they
intended by Congress here forthwith That
and this alike in this respect. the question
whether the constitutional provisions respectively involved e
tend to Hawaii during the present transition state IS question Of
the construction of the Joint Resolution of
view to asceraning the intention of Congress They differ
this that in the Peacock which involved the constitutional
provision with reference uniformity of customs duties it wa.
expressly declared in the Joint annexation that the
customs relations of these Islands with the United States and
other countries should continue United States customs
laws should be extended Islands while in the present
case there clear declaration way the other
Is 1t is true paragraph i'll the Joint Resolution which might
at first reading Indicate by implication an intention to
extend the provisions of the these Islands Mt once
1t is this:
"The existing treaties of the Hawaiian with foreign
nations shall forthwith and determine being replaced by
such treaties exist, be hereafter concluded
tween the United States and such foreign nations The
cPal legislation of the Hawaiian Islands enacted for
ultnent of the treaties extngushed inconsistent
with this Joint resolution nor contrary to the Constitution of
the bntcd States existing United States
shall remain in force until the Congress of the United States
shall otherwise determine
We held in the Peacock that whatever might
be made from this language if standing alone controlled
far customs duties concerned by the particular
clause Immediately following expressly declaring that the GUS
toms relations of these islands with the United
countries should continue until further Congress But
there similar express declaration regard to indictments
and jury trials.
The argument that, the principle of eprcssio unus
crcusiO dlius the expression
force those Hawaiian laws which
Constitution of the United States implies intention
nue those laws which Constitution:
and that the effect of this clause in the Joint Resolution
bring this within the decisions Peacock
which have held various territorial
the ground that the Constitution force the by
act of Congress whether force there The
in former which have been subject
the decisions referred varousy worded but
they general either positive provisions expressly extending
the Constitution of the United the Territory question
wored somewhat follows: The Constitution and laws of the
United States shall have the and effect in the Terri
elsewhere III the United States else they
tons upon the of legislative power the future wordcd
somewhat follows: The legislative power of the Territory
shall extend to all rghul subjects of legislation inconsistent
with the Constitution and laws the United States
that under neither of such clauses there occasion
by implication In the the Con
stution expressly and ainnavcy extended the Terri
tory In the other legislative power conferred be
exercised only it should be inconsistent with the
Constitution and of the power could be exercised be
yond the extent to which granted for did exist all
except granted. The decisions. therefore basel
such statutes this The argument here i