The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-10-09
Differs With The Supreme Court
Of Hawaiian Islands.
ON THE REGISTRY OF VESSELS
Language and Spirit OF Annexation
Resolution Did Away with Ha-
waiiap Nationality.

Following is the full text OF the
opinion rendered by John w. Griggs,
Attorney General OF the United States.
to the Secretary of the Treasury on the
question of registering vessels under
the Hawaiian flag, and on which Pres
ident McKinley's last Hawaiian procla-
nation, printed in the by Authority"
column, is based:
Department OF Justice. Washington.
ID. c., September Il. 1899.
The Secretary OF the Treasury.-Sir:
Your letters OF August and 3. with
their enclosures. relative to- the issu-
ance OF Hawaiian registers to vessels.
are at hand.
The decision of the Supreme Court
of the Hawaiian Islands. a copy of
which you send. determines. in relation
to applications for writ OF mandamus
to compel the issuance OF Hawaiian
registers to certain vessels. that the
Hawaiian registry laws are n part of
the municipal legislation OF those ISL
ands remaining in force by the terms
of the resolution OF annexation. and
that Congress manifested no particu-
lar intention to abrogate the Hawaiian
registration laws Immediately upon
annexation, but manifested a general
intention to- continue those laws. The
said applications were however. by
this opinion denied upon other grounds
but the cases have reopened for the de-
termination of certain question of
fact not material to the present in
quiry. Nevertheless, the question of
law now before us was definitely ruled
by that opinion, and since the Treas
ury Department has taken the ground
that vessels should not be authorized
to receive Hawaiian registers and fly
the Hawaiian flag after July Z. 1898.
you suggest that the only remedy for
the situation is an Executive order
suspending the issuance of Hawaiian
registers, as n recent Executive order
suspended the holding of a general
election in the Islands provided for un-
der the Hawaiian Constitution: and
you request my opinion as to the le-
gality of such an order OF the Presi-
dent to be procured and issued at your
instance, under the resolution Of Con-
gress for the annexation of Hawaii.
Under these circumstances, there
fore, the question is fairly legal ques-
| tion and one arising in the administra-
| ton of your department. 1t Is OBJ
viously a question of high Importance
and demands careful consideration
| from the legal standpoint rs well rs
| from the standpoint OF wise govern
mental policy.
The decision of the Supreme Court
of Hawaii is based upon the view oi
Chancellor Kent t3 Com. page 1i9l
| who says. THE registry is not doc
ument required by the law OF nations
as expressive of a ships national char
acter. The registry acts are to bs
construed as forms OF local or munich
pal institutions for purposes OF public
policy" But IL Is evident that while
Chancellor Kent finds the source oi
| registration in municipal law and moi
| in the law of nations. the character oi
registration as n governmental act !:
| national. and expresses sovereignty
| The issuance OF registry to- vessels en-
| titling them to- carry national colors Is
an act of sovereignty, although the
register itself is not n document re
quired by the law OF nations as tndt'
| cative of a ships national character;
| for this can be shown in other ways
as, for instance. by a consular certih
| cate attached TO the bill OF sale OF :
vessel to an American citizen. This !:
| evidence OF a national character ant
| entities the vessel under the consular
| regulations to the protection of th'
| flag. Sea letters are also At times evi
/ dence OF the national character of
vessel. and a bill OF sale also Is sucf
| evidence. Chancellor Kent himself
says. as Chief Justice OF the SUPREME
| Court of New York. in the case OF Bar
ker VS.. Phoenix Insurance Compau,
| Is Johns, 307. 3is), referring 20 tive
kinds of American vessels, the on'
registered and the other unregistere'
and carrying a sea letter or an ofiicia
certificate of ownership. But in ref
erence to the law of nations and to Sc
| curity upon the high seas. both spe
cies of vessels were equally entitled e
protection as American property.
| While thus there are other docu
ments which impress national charac
/ ter upon n vessel, the register Is th'
usual and most complete evidence o
such character. and the fullest char
ter of the rights dependent thereon.
1t is to be noted in passing that th'
| Hawaiian register Is. by the terms o
| the Hawaiian law. even more clearly
| an international document than th'
American register (Secs. 1ooo-lO0S