The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-08-04
REPUBLICAN OPINION.


Of its recent decision which held that
provisions of the Newlands Resolution
were not governed by the Federal Con-
stitution, involves purely legal points,
and confuses the minds Of the laymen.
A discussion of the matter is only de-
strabie so far as it may aid to sustain
the dignity of our local court, which
should be of the highest importance 20
ms.
The principles upon which our court
decided the constitutional case were
thoroughly discussed in the Senate at
the time in which the Treaty of Paris
was discussed. 1t is safe to say that
the extended debates as published in
the Congressional Record, were not
read by HAN dozen men in this town.
Az the Advertiser said, yesterday, the
Democratic Senators, who were gen.
orally opposed to the Treaty, held that
the Constitution by its own force ex-
tended to the territories, and the Re-
publicans did not agree with them.
Senator Foraker, who spoke for the
President, in his SPEECH quoted from
the case of Endelman VS.. The United
States (S6th Fed. r. i56) and read from
the syllabus: Congress has full legis-
lative power over the Territories UNI
restricted by the limitations of the
Constitution" Then Senator Turner
(Populist) attacked him and said: Il
desire to take issue squarely with the
Senator from Connecticut, and the
Senator from Ohio, and the Senator
from Colorado, THAT the Constitution
does not take effect eX propriO vigore
over the domain of the United States
not organized into States" Senator
Foraker, speaking for the Admins
tration. replied, on interrupting Sena-
tor Turner's speech, ICON. Rec. p. 1881,
81 say in other words the Constitution
does not proprio vigore extend into and
operate in the territory; but when the
Legislative machinery has been sup
IhR-u II NhVh uoNS opN'i"'V shNiN "h"
not until then. And in the Hdcdiidn
bill nO,r pending before the Senate (Jdn-
s0ry 1911, 1897 as suggested by the
Senator from Massachusetts (Mr. Lodgc)
that identical clause is to be found"
Senator Foraker expressed not only
the views of the President, but Of the
Republican party. Our Territorial
court has substantially adopted the
Senator'S reasoning. And the Sena-
tors views and the Presidents views
were based upon a tull consideration
of the constitutional question, aided by
the judgments of the Supreme Court.
Even Senator Morgan during the de-
hate. interrupted and said that the law
Of nations gave the Federal govern
ment the right to control territories
acquired by conquest or otherwise
until an act of Congress changes the
status.
So when our Territorial court is de-
nounced by the journals of the local
II 10 Il Va
the expressed views of the Adminlstra-
ton and the Republican leaders. 1t is
the bark of the black and tan terrier
at the magnificent mastiff. ..
Mr.. Hatch has clearly and tersely
expressed his views which are those
OF the Democratic Senators, and are
presented at great length in Senator
Turner's able speech. But they are
not the views of the men who secured
our annexation, and who are to shape
our little destiny. VIII Mr.. Hatch
glance over these words of Senator
Foraker who spoke for the Republicans
and see how sharply they differ from
his own views?
"The authority is precisely as | con-
tended (Con. r. $500 that while in the
territory when ii is first acquired there
Is no operation of the Constitution. be-
cause the instrument is not self ex-
ec,pting, and while there cannot be any
operation OF the Constitution in the
uhAli We plo'ih' ~ iNti'
lation the necessary machinery,-while
all that is true, yet when we do come
TO legislate, We sitting here, as Sena-
tors, are bound by the limitations of
the Constitution and cannot disregard
Them"
The Advertiser is quite satisfied TO
follow the spokesman OF the Admins
tration In the Senate, and does not
fear that 1t will result in grave injury
To the community. 1t may be "un-
American" to do so, but 1t Is safe "un-
Americanism." And II the Democratic
view Is true Americanism, then let
those who so believe, follow the Demo
Gratis.
SENSATIONAL JOURNALISM,