Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-07-27

Constitution in newly acquired
territory, urges that if it were 80
operative. "trade with other coun-
tries might be suspended because
there was no law extending the
United States shipping and Gus
toms laws to the newly-acquired
territory, and no machinery for
the collection Of duties under
United States laws"
In tue Peacock case, in which
the foregoing language is used,
the court correctly enough up.
holds that portion Of the joint
resolution of annexation which
provides that until legislation
shall be enacted extending United
States customs laws and regula-
tons to the Hawaiian Islands,
the existing customs relations Of
the Hawaiian Islands with the
United States and other countries
shall remain unchanged" But
the court fallaciously and unne-
cessarily bases its decision 10
that case upon a theory of the
"inchoate" annexation of the Ha
waiian Islands, and upon an ella.
bora,e discussion to rid itself of
the operation Of many provisions
of the Constitution of the United
States in these islands! 1t urges
that that portion of the Constitu
ton which requires "all duties, ex-
cises and imposts to be uniform
throughout the United States" is
and must be imperative here, and
it proceeds to argue therefrom and
declare that many other provisions
of the Constitution do not operate
in these islands of their own pro-
per vigor. They have thus sought
to lay the foundation for deciding
that the amendments to the Con-
stitution regulating personal
rights, and prohibiting involun-
tary servitude are not in force in
these islands!
All of this discussion is for eign
to the question involved in the
Peacock case, and is mere obiter
dictun,, and not authority.
1t was sufficient for all purposes
of the decision of the question there
involved, to cite and rely upon the
decisions of the Supreme Court of
the United States which hold that
the annexation of new territory
to the United States, does not
make the seaports bordering there.
upon domestic ports, until Con"
gress makes them such and, ex
tends the operation OF it's uniform
custom laws to them; that Con-
gress has the power to establish
domestic ports, and the Constitu.
ton Is not violated, the custom
laws of the United States operate
uniformally in all domestic ports
nor it is violated because a port in
newly annexed territory is not i'm
mediately made by Congress do.
mestic port of the United States
and because the usual customs are
collected therein.
We agree that the Constitution
of the United States should be
reasonably construed. But we
insist that, when 80 construed, all
of its provisions should be held to
operate of their own vigor uni.
formly in the proper field of their
operation.
The Constitution gives Con-
gress the ''power to levy and col
lect taxes, duties, imposts and ex-
cises," and in immediate con-
uection Herewith provides that
"duties, imposts and excuses
shall be Uniform throughout the
United States" The context shows
that the provision for uniformity
is addressed "a a limitation of the
power of Congressional Legislation
upon that subject, and has no ap-
plication to local Legislation. The
power of Congress to establish
ports OF entry is not limited. But
when it sees fit to establish do
nestle ports of entry in the bar
hors OF new territory and estab-
fishes customs laws therefore the
provision for uniformity OF legis-
lation on that subject applies to
such laws. The mistake has been
made by the Supreme Court
of separating the constitutional
provision for uniformity of duties,
imposts and excuses from its con-
text, in connection with the legis-
lative power of Congress, and in
assuming that the continuance of
local Hawaiian customs, until