The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1900-07-31
Continued from list pcge)

55th Congo aud similar claims which
may arise hereafter, should properly
be presented to and considered and
paid by the Hawaiian Government
Aud the dilemma by which, under
the separated governmental entities,
the Federal authority is not liable
for the demand, aud the State auth.
ority has no international relations
and therefore escapes perfect obi
CATION, is apparent rather than real.
The historic complai.t ns TO this
situation is not in realty we'll found
ed; and in the forum Of nations the
just liabilitie, to claimants and obi
cations to civilization OF q State Of
this Union bave been for the most
part met by the Slate or recognized
by the Uoited States in its sovereign
grace. But the legal liability 10 that
OF the inferior member OF the fed.
Grafton rather than OF the federation
itself.
Tako the case OF Texas as an ex
ample, in which, finally, part OF tho
proceeds Of grant OF land to the
United States and pledge Of the
customs duties locally collected
were applied to tho discharge OF the
funded debt OF the State, the United
States resisted responsibility on the
theory here advanced, aud the for
eign contention was based on the
ground that the specific transfer Of
assets for the purpose raised the ma
tional liability, and this contention
was accompanied by an express dis
claimer that the annexation OF itself
imposed the responsibility on the
substituted and absorbing power.
OF course, Texas, while losing it's ma
tionality, retained its corporate
existence as a State Of the Union
aud / have here endeavored to point
out that the crucial test is the separ.
ate and autonomous government
and not the attribute OF sovereignty.
1t is beyond question that a claim
on foreign behalf against State or
Territory Of the Union would be
presented through, rather than to,
the State Department; that Is, it
would represented to the local and
not 10 the Federal Government, and
and would be finally adjusted and
recognized or denied by the former,
although the Federal Government
is the international representative,
and in various ways, short of a CO.
ercion OF a State-as unnecessary
ordinarily as it is impossible-ad-
mits certain international liability.
So, conceive, the separate Colonial
Government of a European mon
archy would settle and pay just for.
eign claims against itself, although
they would be presented through
the Foreign Office Of the Home
Government. In no respect, save a
temporary delay in the process OF
adjustment, am / able to see that
the situation as TO Hawaii differs
from that just stated, aud l am
hence Of the opinion that the func
ton of the State Department with
relation to such foreign claims is to
receive them through diplomatic
channels aud transmit them to the
Government OF Hawaii for adjust
ment. AS TO such claims on behalf
OF citizens Of the United States
there is nothing to prevent the
claimants from presenting the same
at once to the Hawaiian authorities
or taking such other steps-by pro
ceedings in court, as the municipal
laws OF Hawaii, preserved for the
most part by the resolution, may
allow. And an application to Con
gress is open on behalf OF botf
classes of claimants.
ITO be coatiNued.)