The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-19

stam
SDoa 6ilJ a. i, seems to me we should be able 70 End
'lns toe resolution annexng the Iawaan Islands ind,
p'~ a,enton 10 change the relations our tonuayeax
sais aan ports and vessels coming from them or those
hms,, should be regarded as continuing.
rhtV 80 intent do lind in the general declsrvon an
% sands AZ part Of the territory of the United States
sst ,on thera having been treaty is intended 10
Of treaty Of cession merely. 1t the act where
s Islands become, in broad sense subject to American
gy How that sovereignty will regulate their status
S Earl to itself and it, laws is not thereby intended to be
40 think that the express declaration that our land
J n other laws shall apply the islands carries
Iaion that other laws shall apply to them upon the
Z often Misunderstood that the expression of one thing
Ar excludes another
o e other hand the resolution repcte with indications
oy the relations Of the two countries are TO continue
uS.nv unchanged Even of Hawaiis relations with
countries are continue; its government is still to exist
% ia revenues its laws to remain in force however
,nec with our laws, and the powers-civil judicial and
aorvcxerrcd by ia officers still to be exercised 1t is
ver plainly apparent that Congress regards the establish
American government for and the extension of Amer
can laws to the islands maes to be attended in the future
op consideration OF the wide separation of the countries
! Lssity and character"
And later opinion H. 9io referring to the former opn-
ion, says;
aApd reach the conclusion in that opinion that Congress
ra this and other questions has airmativey Indicated
,ipn that our laws land may add the Hawaiian aws)
r remain generally undRturb,d by the annexation of the
n until Congress shall provide government for such isl
. or until commission shall advise and Congress enact
such legislation concerning the Hawaiian Islands they shall
deem necessary or proper
Tho other question Of consttuonaly. This is a ques-
ION great difficulty Probably il will never be regarded as set
Until decided BY the Supreme Court Of the United States As
pointed the Peacock decision urists differ widely in their
news upon shall undertake exhaustive consid
snlon Of the question.
Not make minute classification, territory acquired by
he United States may be in any of three stages before
aiming statehood II may be acquired by conquest
md ruled by military government before treaty of peace and
Ou concluded the case with the Philippines for
ns may be held after such treaty of peace and cesson
the Philippines present. after cesson without previous
conquest tho Hawaiian Islands during the transition
period referred TO, without determination Of its by Con-
r And, thirdly, may he held the Hawaiian Islands
held after ia has been determined by Congress
BY the creation Of organized territorial government other
The question raised is that in regard territory in
the second Of these stages.
conceded by all that the constitutional provisions in ques
ton DO apply territory Of the United States in the first Of
hoe stages
AZ whether they apply Of their force territory in
he third stage urst divided This has been settled
judicial decision although dcta may be found both sides.
The Supreme Court Of the United States in recent
hat Of the american Publishing Co. Fisher, 1876 T. AGA,
So6 said: Whether the Seventh Amendment to the Con-
tOn Of the United Stacs which held require unan
nous vcrc in certain cases, Operates proprio rgore in
the territories "may be matter Of dispue and various pre-
nous opinions Of the court pointing in direction, some
The other cited show the uncertainty the ques-
Con 20 Tar authority concerned II will be useless to review
Ae dcta the opinions Of writers upon this subject The
question ha called forth much discussion in the magazines dur
se years in view Of the acquisition of islands in both
ne Atlantic and Pacific tceming with peoples who IN
% measure unacquanted with AngoSaxon ideas Of civil
On and government As example Of the view that the
Constitution does apply propro rgoc in all its funess
@e territories will cite the following passages from the
hcs Of that great authority constitutional law and de
n Of The Constitution Daniel Webster, in his debate with
NJ Calhoun, the Senate II the United States with reference
"Vora and New Mexico when those territories were in the
n OF the above mentioned stages that is after they had been
"1a 10 the United States by treaty:
Any idea S that the government for the present, must be
military oy,rnmen that we can hardly do more
Keep the PEACE and protect the lives and property OF IN
aa until either admit the people, who are freemen,
rument
There Of accuracy Of ideas in this respect that Is