The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-07-29
HAWAII NO COLONY.

cannot agree about the inherent power
of expansion in the Constitution, over
the territories. The Judiciary has at
no time passed directly on the ques-
tion, though it has held in several
special cases that Congress held
supreme control over the territories,
and made no qualifications that this
control was subject 10 the Constitu-
ton.
There are really only a few people
here who are interested in this con-
stitutiCnal question so far as it CON
Germs the rights of men. But there is
some fear that Congress may, in it's
wisdom, hold that the relations of Ha-
waii, the Philippines and Porto Rico to
the United States are the same, and if
they are, Congress is possessed Of the
power to discriminate against them by
tariff legislation. IT, however, it can
be established that the blanket of the
Constitution covers Hawaii, then Ha-
Waii is in a warm and comfortable bed
of protection, while the Philippines
and Porto Rico are left out in the
SnOwdrifts and icy blasts of discrimi-
nation
Now, whatever speculative construc-
tions 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. If
careful examination of this contract is
made, it 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
provision:
Until legislation shall be enacted
extending the United States customs
laws and regulations to the Hawai-
ian Islands the existing customs rela-
tions of the Hawaiian Islands with
the United States and other countries
shall remain unchanged" Hawaii ac-
cepted annexation on these terms, and
they are binding.
This is q contract which calls for the
extension of the customs laws and re-
gulations of the United States,-the
laws that prevail throughout the ma
tional domain. There is no qualifica-
tiOn whatsoever that Congress may
enact such custom laws and regula-
tons as it may elect The use of this
Language might open the way for dis
ordinations. The language used for
bids any special legislation. 1t calls
plainly for tine customs laws and
regulations as they exist and are APP
p1icable to the existing States and ter
ritores 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; it provides that until Congress
shall enact the extension OF these laws
to Hawaii, the existing customs rela-
tions of the Hawaiian Islands with the
United States shal remain unchanged.
The free entry of Hawaiian sugar into
the ports of the Mainland is promised
and guaranteed until the extension of
other laws 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
fuenced by party interests, may be re-
garding 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
which Congress will execute according
10 its 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
the 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
eliminates against us is quite sufficient
as it stands. Congress may hold that
the Constitution covers Porto Rico and
the Philippines, but at the same time,
that it does not prevent discriminate
ing legislation against territories
which are annexed without any con-
ditions. When it deals with Hawaii,
tit will execute its contract