The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-10-19
THE CONSTITUTION MAKES
THEM CITIZENS OF TEE
UNITED STATES.


The RsrsbiScaB Isablisbes ncSs sa-
ser=ssIne opinion on the status of Rstivsz
Il Porto Rico this morning A tins sab
iest has direct isarinr upon Hsvsii. y
Is well worth reading Mr.. Isaac Lob
Strsrs. attorney for the board Of sgpe-
visog~ Of elections for the city Of Bait
rsor>. brings cut several points that have
not neen czIle-i forth IN the di=czssIoz
OF the suhiect here or IN the decisions
IN either the EdwArts or Marshall cases
Mr. StrsBs holsss that by the extension
Of the sovereignty Of ths United States
over the Islands The Inhabitants Thereof
az o1cs become citizens OF the Uuifei
quotes from 80 eminent an authority
William H Seward who N e discussion
in the United States senate in July, fszsi
in speaking Of tie people Of NsN Me1Io.-
over whom no territorial government had
yet been crested. said.
They have undergone change Of soy-
ereignty only: but in all other respess
their position and their rights are un-
changed. When they lost the rights -
cured TO them by the constitution OF Mex
loo they acquired the rights of American
citizens secured to them by the oonsfitu-
ton Of the United States. These rights
involve the protection OF their lives. of
their liberty. Of their property and OF
their territory. All Of these are rights
Of which the United States can lawfully
deprive no community on earth"
The people of New Mexico st that time
occupied the same position toward the
United States that the people of Hawaii
occupied toward the United States be
tween the 18th day of August. 1895, AMI
the I4th day OF June. 1900. And yet Mr..
Seward did not say that they became
citizens under the treaty with Mexico
ceding New Mexico to the United States.
but under the constitution. So with like
reasoning it mas b. said that the resi-
dents of Hawaii did not become citizens
Of the United StGtes under the Newlands
Act by which Hawaii became a part Of
the United States. bur under the consJi
tuition. which was extended over the h
waiian Islands by the treaty signed by
Hawaii and the Newlands Act passed b.
congress.
That is q strong point made by Mr-
Straus in which he says that citizenship
of the United States must not be COZ
fused with questions Of suffrage in the
territories. and one not brought out here.
Yet that has been the very thing that has
been done in Hawaii. In all the recent
discussion of the question here there has
been-nc segregation of the question If
of the United States with the
right of suffrage in the Territory of Hs-
waii.
Mr. Gather. in his criticism of Mr., |
Straus' opinion, cited decision of the !
United States supreme court in a case |
from the Indian Territory as holding |
that the constitution Of the United State /
ioes not extend over the territories. This |
same case was particularly cited in tn !
opinion on the Edwards case, |
filed by Chief Justice Frear and il was /
the chief basis for the majority opinion |
IF the court in the Marshall case.
Mr.. Straus very quickly disposes OF !
this case as a precedent by calling at !
tention 10 the fact that the Indian tribes
have always been treated as foreign pow
ers that treaties have been entered into
with them by the United States and tha.
/. was always conceded that they should
exercise their own sovereignty within
heir respective reservations. To become
citizen of the United States an Indian
lad to be naturalized the same as auy
,ther foreigner. and in fact it was not
Until within recent years and the break
ne up of tribal relations and allotments
f land in severalty that an Indian could
,ecome citizen of the United States
L all
The people of Hawaii, like those OF
'orto Rico. were brought within the
Jurisdiction of the United States. the first
y peaceful annexation. and the second
Y treaty following war. and. as Mr..
ustice Cooley. than whom there is no
igher authority. well says, by the ac-
uisition of the United States of foreign
arritory its people thereby become citi-
,,s Nf ,ba ITn;.a5 StotaS