The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-07-24
Mr.. HATCH WRITES
About Some Editorial Opinions in
This Paper.
The CONSTITUTIONAL QUESTION
Presents Powerful Arguments TO Show
That the United States Consrirs,i0n
IS in Force Eere.
THE CONSTITUTIONAL QUESTION
Editor of ADVERTISERS.

Editor of ADVERTISER.
Dear Sir: Permit me 10 express nv
dissent from the constitutional views
so repeatedly presented in the Advert
ser. l believe that they are both un-
sound from a legal standpoint and
charged with possible injury OF the
gravest kind TO this community.
! My view is that the constitution OF
the United States belongs 10 us: that
| II became extended TO these Islands
| by the act of annexation. and that no
power exists which can deprive us of
| 1t. We can not secede: neither can we
be cast off. We are part and parcel
OF the United States | deny that the
Constitution is subject to the control
OF Congress. 1t can not be made a
matter OF legislation. Your argument
that 1t does not apply to these Islands
until Congress SO enacts would imply
that Congress could extend ii or not:
or could extend il and then take, II
away; or could take il away from any
| other portion of the country. To nv
mind the better theory is that the Con-
| stitution applied by its own inherent
force the moment the act of political
l
a necessary incident TO the status Civ
en- us as part of the United States.
Annexation having been brought about
in constitutional method. by the ex-
ercise of both the treaty-making and
legislative powers of the two countries.
constitutes contract OF the very high
est conceivable chasacter. We in Ha-
wall should be the last to concede that
one party TO the contract by its sole
act can destroy it: as. for instance.
by making us a colony. Can Congress
decree that we shall he taken to- he a
part of Guam? Not unless il repudi-
ates the contract by which we were
made part of the United States. The
statutes of the United States must he
extended by act of Congress: the dis |
tinction between statutes and the Con-
stitution in this connection is obvious |
There seems to exist in certain quar- |
terS much nervousness as to- the con-
sequences which would follow if il were |
admitted that the Constitution of the /
United States is now the law of the |
land; notably amongst other instances.
with the apologists for contract labor. |
We ought to all rejoice that that insti-
tuition is moribund. We could take |
more pride in ourselves if this blot |
could have been removed by act of our
own before the enactment of plan of
government for us by Congress.
You quote Senator Morgan. but the
quotation does not support your con-
clusion. We all know he considers us
a part of the United States. We all |
know that his Americanism is not of
the thin and watery variety and that
his respect for the Constitution is
punctilious He will never he found
tl,,
extend to every nook and Granny of
the United States. He considers the
situation here anomalous; probably |
because he takes it that two constitu-
tions, or one and part of another. APP
ply and obtain at the same time. That |
of the United States is the only one of |
any vitality. How little of that of the |
Republic of Hawaii remains will he |
when il is remembered |
that not a single officer of the local |
government holds office under il. They !
all hold under President Mckinley. |
His power to appoint is surely not de- /
rived from the constitution of the Re
public of Hawaii. No more of that re- /
mains than can be construed TO be mu- |
nicipal law under the terms of the joint |
resolution of annexation. Would IL be l
held that after Congress shall extend J.
the laws of the United States to- Ha- |
waii that the constitution of Hawaii |
still remains in force? Must a Consti-
tutional convention he convened TO re-
peal it piece-meal? Having served its /
purpose in helping To tide over tran
sition period. that constitution has .
passed into history. together with the |
republic founded upon il. Il was /
abrogated by necessary inteudment by !,
the very act of union.
T.. NJ. HATCH. |