The Hawaiian gazette., 1899-08-01
HAWAII No COLONY.

The debates in Congress, during its
~ session. show that the statesms IN
md politicians. and the law professors
cannU agree about the inherent power
II expansion In the Constitution, over
the territories. The Judiciary has at
no time passed directly on the ques-
zion, though 1t has held in several
special cases that Congress held
supreme control over the territories,
ax.i made no qualifications that this
control was subject TO the Constitu-
tim.
There are really only a few people
here who are interested In this con-
utatutional question so far as 1t con-
Germs the rights of men. But there Is
some fear that Congress may, in Its
Wisdom. hold that the relations of Ha-
vail the Philippines and Porto Rico TO
the United States are the same, and II
they are, Congress is possessed Of the
Bower to discriminate against them by
Gariff legislation. II. however, 1t can
be established that the blanket OF the
Constitution covers Hawaii, then Ha-
vaSi Il in a warm and comfortable bed
Oe protection, while the Philippines
and Porto Rico are left out in the
snowdrirts and icy blasts of discrmi-
nation.
Now, whatever speculative construc-
lions may be put upon the extension
Of the Constitution, regarding the
other territories. the relation OF Ha-
wall Is to be settled by the terms OF
the formal contract between the United
States and Hawaii. which is expressed
In the Newlands' Resolution. II a
careful examination Of this contract is
made, II will be seen that there Is not
the least analogy between the Hawai-
ian and the Porto Rico case. Hawaii
enters the Federal Union by contract,
and not by sale or conquest.
That part OF the contract which for
bids discrimination is contained in the
proviAon:
until legislation shall be enacted
extending the United States customs
laws and regulations 10 the Hawai-
dan Islands the existing customs rela-
tions of the Hawaiian Islands with
Tho United States and other countries
Slnll remain unchanged" Hawaii &C
ospted annexation on these terms, and
they are binding.
This Ii a contract which calls for the
extension OF the customs laws and re-
gulatiOns OF the United States.-the
laws that prevail throughout the ma
tiouai domain. There is no qualifica-
ton whatsoever that Congress may
enact such custom laws and regula-
lions" as it may elect. The use OF this
language might open the way for dis
examinations. The language used for
bids any special legislation. 1t calls
plainly for the customs laws and
regulations" as they exist and are APP
paicable to the existing States and ter
ritories. These laws contain no dis
examinations whatsoever against any
State or territory and provide for no
colonial rule. ..
The contract of annexation goes fur
Their: II provides that until Congress
shall enact the extension OF these laws
to Hawaii, the existing customs rela-
lions of the Hawaiian Islands with the
United States shall remain unchanged"
Tho free entry of Hawaiian sugar into
the ports of the Mainland is promised
and Eanarwnteed until the extension OF
other lnws are made which continue
the free entry Of our sugars.
There are no vague provisions In
this article OF the annexation contract.
Whatever the views of public men, in
Ruenced by party interests, may be re-
Karding the Constitution itself whose
provisions are wisely. made general
and elastic in many respects, there re-
mains for guidance in legislation upon
Hawaiian matters, formal contract
vAich Congress- will execute according
To M terms.
Any attempt, on our behalf, or on
behalf OF individuals, TO throw up this
contract, and ask our courts to sub
stitute for it the vague rights under
tho Constitution, before Congress has
acted In the matter, might launch us
upon a sea of political trouble.
A contract with the United States
which excludes legislation which dis
criminates against Ms Is quite sufficient
~ 4 stands. Congress may hold that
the Constitution covers Porto Rico ant
the Philippines, but at the same time
THAI IL does not prevent discriminat
tng legislation against territories
which are annexed without any con
Siiions- When u deals with Hawaii
II win execute its contract,
MAMMA pIfuIll pnIilk