The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-30

Following is a copy of the letter from
Attorney General Griggs to President
Mckinley, op which the recent procla-
nation was based:
Washington. Sept 8, 1899.
To the President-Sir l have the
honor to acknowledge receipt by ref
erence from you of a communication
addressed to you by the Acting Secre-
tary Of the Interior, dated August "a,
1899, calling attention to the fact that
the local government of the Hawaiian
Islands are about to dispose at public
auction of portions of the public lands
of Hawaii, and suggesting that in view
of the provisions of the resolution of
annexation, approved July Z, 1898, such
action on the part of the Hawaiian au
thoritieS is without legal warrant or
authority, and that the matter be sub
mitted to the Attorney General, with
a view to an expression of his opinion
upon the question, to the end that the
existing Government of the Hawaiian
Islands may be advised as to their
power and duty in the premises The
letter of the Acting Secretary is ac-
cOmpanied by several letters in the ma
ture of protests against the cOntem-
plated action Of the Hawaiian author
tiles, and copy of the proposed con-
ditions of sale of the lands referred to.
An inspection of the conditions OF sale
indicates that very large quantity of
land, in 50-acre lots, was to be dis
posed of on Saturday, September 2.
1899, at the Hilo Courthouse, and that
it is the understanding of the author
tiles that they can convey to such pur-
chasers a good and valid title to any
and all lands that may be sold in ac-
cordance with the advertised condi-
tions.
l have given attentive consideration
to the question raised by these papers,
and have no hesitation in advising you
that the officers of the existing Gov
ernment in said Islands have no au-
thority to sell or otherwise dispose of
the public lands in the Hawaiian ISL
ands, and that any such sales or agree
ment to sell will be absolutely null and
void, as against the Government of the
United States.
1t is only necessary to refer to the
language Of the resolution and to the
misunderstood principles of public
law which govern the subject of terri
tory ceded by one Government to an
other to reach the easy conclusion that
the public lands in the Hawaiian ISL
andS, upon the approval of the joint
resolution of ceSSiOn, became the prop
erty of the United States, and could
thereafter be disposed of only in ac-
cordance with such special laws as
Congress might thereafter enact. The
preamble of the resolution declares:
Whereas the Government of the
Republic of Hawaii having, in due
form, signified its consent, in the man
ner provided by its Constitution, to
cede absolutely and without reserve TO
the United States of America all rights
of sovereignty of whatsoever kind in
and over the Hawaiian Islands and
their dependencies, and also to cede
and transfer to the United States the
absolute fee and ownership to all pub
lie, Government, or Crown lands, pub
lie buildings or edifices, ports, harbors,
equipment, and all other pub
lie property of every kind and descrip
ton belonging to the Government OF
the Hawaiian Islands, together with
every right and appurtenance thereun-
TO appertaining.
And the resolution following this
preamble resolves:
THAT said cession is accepted, rati-