The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-10-09

Civil Laws OF the Hawaiian Islands. |
1897. c. 81. Registry of Foreign Vessels. |
d. 4l2).
Beyond question n vessels register |
announces nationality, and reEistra- |
ton laws. though municipal in origin. |
or even In character Tin the terminol- |
ogy OF classification OF different
branches OF the lawl. assert neccssari- |
~ and before anything else the sover-
eighty OF the government by which
they are enacted and enforced There
fore Chancellor Kent's statement = In
the Commentaries. SUPRA. Is to be
taken rs meaning that the Law OF na-
tons recognizes various ways OF hold
ing out u ships national character.
and does not require the peculiar form
known as n register. but IL u not to be
taken as meaning that registration -
a matter merely of local Law. and does
not affect. or Is not affected by. mat
ters beyond the local domain
Now. the joint resolution OF Con-
gress for the annexation of the Ha-
| waiian Islands provides generally that
'the municipal legislation of the ISL
ands not inconsistent with this
joint resolution shall remain In
force until the Congress of the United
States shall otherwise determine"
And by the preamble to- the resolution
| the absolute and unrcserved ccSsion OF
all rights of sovereignty OF whatsoever
kind by the Hawaiian Government to
| the United States Is evidenced. Again.
although there Is n Hawaiian Gov
ERNMENT-the constitution under
| the terms of the resolution OF n gov
ernment long existing there as an In
dependent autonomy-the language
and the spirit of the resolution neccs-
| sarily require the extinction of Ha-
waiian NATIONALITY and SOVER-
EiGNTY-the two very things. above
all others. which the register OF n vcs-
sci expresses.
In my opinion. therefore. the Ha-
waiisn authorities cannot in any way
certify to- the Hawaiian charter OF n
vessel for the Hawaiian national char
i acter can no longer be- attributed to
vessels owned by inhabitants of the
Islands. Under the law of nations.
vessels bearing any form OF certificate
OF Hawaiian national character at the
time OF annexation must look tn the
United States for protection ON the
high seas and in foreign ports. Their
NATIONAL character has become
U American.
II "a not necessary now tn consider
what all the consequences of this view
American national character may
properly be issued To vessels belong
ing to- Hawaiians. pending Congress
sional action. although there. appears
to- be authority under the consular reg
ulations for giving such vessels the
protection OF our flag.
With due respect to- the judgments
. OF the Supreme Court of Hawaii. I an
unable to- admit :aat n Hawaiian reg
istry can now be issued to n vessel and
the flag of Hawaii. the usual token a;
registration. be flown by her: for. al
though the Hawaiian registry law Il
, conceded to be n municipal Law un Us
origin. but by no means MERELY :
municipal law in its field OF operation
and effectSl. its application since an.
nexation Is totally inconsistent with
that portion of the resolution By
which the Hawaiian Government ccd
ed absolutely and without reservation
all rights OF sovereignty OF whatsoevci
kind to- the United States. BY th'
. very language OF the resolution mu
, nicipal legt alton Inconsistent will
the resolution shall not remain II
force. and upon these views I am con
strained to- hold that the registration
laws OF Hawaii have been abro<ates
as n necessary consequence of anncxa
ton.
II therefore follows that in my opin
/, ion an order OF the Executive suspend
ing the issuance OF Hawaiian TcxisteT'
would be a legal exercise of power an
der the resolution of Congress for tn.
, annexation OF Hawaii.
Very respectfully.
ISignedl JOHN W. GRIGGS.
Attorney General.