The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-10-03
THE OPINION AT LENGTH.

~
Following Is copy Of the letter from
Attorney General Griggs to President
Mckinley. on which the recent procla-
nation was based:
Washington, Sept. 9, 1899.
To the President-Sir: ! have the
honor to acknowledge receipt by ref
erence from you of communication
addressed to you by the Acting Secre-
tary Of the Interior. dated August "a.
1899. calling attention to the fact that
the local government of the Hawaiian
Islands are about to dispose at public
auction Of portions Of the public lands
Of Hawaii, and suggesting that In view
Of the provisions OF the resolution OF
annexation, approved July Z. 1898, such
action on the part of the Hawaiian au-
thorities is without legal warrant or
authority. and that the matter be sub
mitted to the Attorney General, with
a view to an expression Of his opinion
upon the question. to the end that the
existing Government of the Hawaiian
Islands may be advised as to their
power and duty In the premises. The
letter Of the Acting Secretary Is ac-
companied by several letters in the ma
ture OF protests against the contem-
plated action of the Hawaiian author
tiles. and copy OF the proposed con-
ditions of sale of the lands referred to.
An inspection of the conditions of sale
Indicates that a very large quantity of
land, in 50-acre lots, was to be dis
posed Of on Saturday. September 2.
1899, at the Hilo Courthouse, and that
II Is the understanding of the author
tiles that they can convey to such pur-
chasers a good and valid title to any
and all lands that may be sold In &C.
cordance with the advertised condi-
lions.
have given attentive consideration
to the question raised by these papers,
and have no hesitation In advising you
that the oficers of the existing Gov
eminent in said Islands have no au-
thority to sell or otherwise dispose OF
the public lands In the Hawaiian ISL
ands, and that any such sales or agree.
ment TO sell will be absolutely null and
void. as against the Government OF the
United States.
1t Is only necessary to refer to the
language of the resolution and to the
well-understood principles of public
law which govern the subject of terri
tory ceded by one Government to an.
other to reach the easy conclusion tina,
the public lands In the Hawaiian Isl
ands. upon the approval Of the join
resolution of cession, became the prop
erty Of the United States, and coult
thereafter be disposed of only In &C
cordance with such special laws al
| Congress might thereafter enact Tn,
preamble of the resolution declares:
Whereas the Government of thu
Republic of Hawaii having. in du,
form, slgnihed Its consent, In the man
ner provided by Its Constitution, t.
cede absolutely and without reserve Il
the United States Of America all right
Of sovereignty Of Whatsoever kind II
and over the Hawaiian Islands and
their dependencies. and also to ceds
and transfer to the United States the
absolute fee and ownership to all pub
lie. Government, or Crown lands. pub
lie buildings or ediAces. ports. harbors
military equipment. and all other pub
lie property OF every kind and descrip
ton belonging TO the Government o
the Hawaiian Islands, together with
every right and appnrtenance thereun
TO appertaining."
And the resolution following Thu
preamble resolves
THAT said cession Is accepted, rati
Ned and confirmed, and that this sal,
Hawaiian Islands and their depend
encies be. and they are hereby, an
nexed as q part 0f the territory ~ TIL
United States, and are subject 10 ih'
sovereign dominion thereof, and tina
all and singular the property an,
rights hsreinbefors mentioned ar'
vested IN The United States NJ Amer
lea"
This language expressly raciiss N,
essslon and transfer 10 tbs Unite,
niaies ~ tbs abhOlulo fec and owner
phlp " MI public DoysInmnni, 1
'fonn lands, aud all other public
properly ~ p,sry Kind and dssrflpilo,
hnlonklnH a. tbs n0Nufnmeni ~ ih'
liasallan lnlaIda
Tbs risoluliun " annexation fuflhsI
| pIpildvb
| 'Ihp sslsiihs lass NJ lAe thlls,
L a.. a. 49,