Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-10-14

1t is to be noted in passing that
the Hawaii register il, by the
terms of the Hawaiian law, even
more clearly an intar-atio-
nal document than the Amer
can register (Secs. 1000. 1908,
Civil Laws of the Hawaiian Is
lands, 1897, c. 60, Registry of
Foreign Vessels. y. 4l2)
Beyond qa-,I,"u vessel's re.
gister GA J",.a Al .iiou.. i,y, and |
r"gi traitor laws, thot.' u unigip.
al oi'isin, ., 2rvo IL cLara3ter
I'm the tesmiu :iogy If class'fic-
alton of different branches OF the
lazy, assert necessarily ard before
anything else the sovereignty of
the government by which they are
enacted and enforced. Therefore
Chancellor Kent's statement in
the Commentaries, SUPRA, i, to
be taken as meaning that the law
OF nations recognizes various ways
of holding ont ships national
character, and dies not require
the peculiar form known as : =
gister, but it is not to be taken as
meaning that registration is a
matter merely of local law, ard
does not affect, or is not affected
by, matters beyond the local do
main.
Now, the joint resolution of
Congress for the annexation OF
the Hawaiian Islands provides
generally that "tbe municipal le-
gislation OF the IsIauds i; not
Inconsistent with this joint reso.
LUTON y ' y shall remain in force
until the Congress of the United
States shall otherwise determine"
And by the preamble to the reso-
luton the absolute and unreserv-
ed cession OF all rights of sover.
ignty Of whatsoever kind by the
Hawaiian Government to the I'm.
tied States is evidenced. Again,
although there is a Hawaiian
GOVERNMENTAL constitu-
ton under the terms of the reso.
luton of government long exist
ing there as an independent auto
nomy-the language and the spirit
of the resolution necessarily re-
auire the extinction of Hawaiis n
| NATIONALITY and SOVER-
EIGNIY-the two very things,
above all others, which the regist-
er OF vessel expresses.
In my opinion, therefore, the
Hawaiian authorities cannot in
any way certify to the Hawaiian
charter OF a vessel for the Hawai-
ian national character can no
longer be attributed to vessels
owned by inhabitants of the Isl.
ands. Under the law of nations,
vessels bearing any form of cert
6cate of Hawaiian national char
acter at the time of annexation
must look to the United States
for protection on the high seas
and in foreign ports. Their Ma
TIONAL character has become
American.
. 1t is not necessary now to con-
slider what all the consequences of
this view may be and what form
OF certificate of American national
!, character may properly be issued
to vessels belonging to Hawaiians
pepdipp Congressional action, al
though there appears to be autho
rity under the consular regula
tions for giving such vessels the
: protection Of our flag.
With due respect to the judg
ments Of the Supreme Court o.
Hawaii, l am unable to admit tina
a Hawaiian registry can now b.
, issued to a vessel and the flat
: OF Hawaii, the usual token of re
: gistration, be flown by her; for al
though the Hawaiian registry la,
is conceded to be municipal Law
q lin its origin, but by no mean
+ MERELY n municipal law in it
, field of operation and effe ,ts), it
! application since annexation is to
!. tally inconsistent with that portion
;. of the resolution by which th
= Hawaiian Government coded alb
!. solutely and without reservatio
3 all rights of sovereignty Of what
;. soever kind to the United States
4 BY the very language of the reso
a luton municipal legislation iucon
: sistent with the resolution shal
. not remain in force, and upo
q these views L am constrained I
r hold that the registration laws c
O Hawaii have been abrogated as
n necessary consequence of annexs
ton.