Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1899-06-20
FALLACIOUs REASONING As TO
CONsTITUTION-wAR POWER
CEssIoN OF CONQUERED
TERRITORY.

leueOuS liOu CoiitCl p'S"ioSs III
supp TT of it's conclusion that the
Constitution OF the United States
is not applicable in the Hawaiian
Islands.
1t starts with the correct pre-
mise that the Con stitutiou o. the
United States is to be reasonably
construed, and by fallacious
reasoning reaches the il ogical
conclusion that the Constitution Is
not operative in these Islands.
As an illustration of that pre-
mise, the constitutional exercise of
the war power is referred to by the
Court and it is fallaciously as
sumed that the State of war there.
by induced necessarily renders in
operative other provisions Of the
Cons titution for the protection OF
life, liberty and property. 1t ia
fallaciously argued that because
the necessity Of war makes that
constitutional and lawful which
would not be so in time of peace,
therefore necessity" j. only
"ano,her name for a difference Of
stance, and the law appli-
cable TO one set of circumstances
is mol applicable to an essentially
different set of circu instances"
and it is fallaciously implied that
a suproIed" necessity "growipg out
of circumstance not connected
with the exercise of constitutional
power, may override the Con.
stitution, and render its provisions
inopt ratiye !
The ruth is that the constitu
tionsl xtrcise Of the war power
does 10 render imperative any
other provisions of the Constitu-
ton. They are all operative for
the protection of law. abiding clti-
zens of the United States in time
of war as well as in time of peace.
They were never intended to oper-
ate for the protection of the enc
mics of the United States. The
Constitution provides for State OF
war, and makes express exceptions
as to the trial of offenses in the
land and naval forces.
The possibility that soldiers Of
the United States may lose their
lives as the result of war arises
from the national requirement Of
subduing the public enemy; and
In such case the loss of life is
the act of the public enemy, and
not of the United States. The
United States can take no proper
ty of its law abiding citizens even
for war purposes, without due
compensation therefore.
1t is argued that land conquer.
ed by the military force of the
United States in time of war, sis
to he regarded as a part Of the
American Empire, for some pur'
poses, though not for other pur-
poses" in advance Of any action
by the law making or treaty
making power of the United
States, and that they would moi
belong to any other power But
Cuba, though occupied tenn
poriarily by the military force OF
the United States, belongs to its
peop'e, and is not to be regarde
as any part Of theAmercanEmpi
for any purpose and can not be-
come such without future act oil
annexation, Puerto Rico did no
become any part of the American
Empire, until thu conclusion OF
the treaty Of peace with Spair
and the evacuation of the Spanish
troops theretrom. The same il
true of the Philippine Islands
Congress recognized them as be
longing to Spain, and not to TIT
United States, until the treaty o
peace was concluded, and the,
,xara cadad tharain To Tho IInifal