The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-03-21

OF the United States shall direct
Mr.. Spooner. And Il was the same
In Louisiana?
Mr. Morgan. Il was the same IN
Louisiana.
There We have Il. There II no jusii-
fcation for that act OF Congress In the
Constitution itself. except so far az the
Constitution OF the United States has
adopted the law OF nations. and the law
OF nations. under the Constitution OF
the United States. by the declaration OF
the Supreme Court Of the United States
In many cases. and by the statement of
the commentators on the laws OF tho
United States. is a part OF the law OF
the land.
The law OF nations is a part OF the
laws OF the land. So. under the author
iCy OF the law OF nations. Congress has
90 provided that what we call the re
public OF Hawail-that u to say. the
government that exists in Hawaii today
and has existed since the passage OF
this act-should remain In full force
and operation as 90 It's local laws. hut
the President OF the United States
should vest the Jurisdiction and power
that was provided In those local laws
/ in such persons as he saw 1T He could
have removed every man who was I'm
ONCE In Hawaii. II he had chosen 10 do
so. and appointed citizens OF the United
States from any OF the States or Ter
ritories 20 have gone there and 10 have
executed this act OF Congress- He has
chosen 60 leave Hawaii In the condition
in which Congress found II and left
IL also at the time Of the passage of
that act.
maintain that from that Hawaii
had a just right 90 expect that tho
Government OF the United States
would treat her like she treated Ala
bama and Georgia when they might 10
admitted into the Union. we Will call
IL. or 10 a Territorial form OF govern
ment: that Is TO say. to provide for
those people the preservation OF all the
rights and powers which they enjoyed
at the time OF annexation, subject.
however. TO the LAWS. the c0hstitution.
and the general public policy OF the
United States.
II II Is the general public policy of
the United States-and this question
was debated before the commission
that the judges Of the courts there
, should be appointed by the President
OF the United States and that their ten
ure should be four years, then. Mr..
President. OF course there can be a per
feet Justification otl the part OF Con
gress In adopting that course: but that
Is not compulsory on the Congress of
the United States. The Congress has
a Just discretion about this matter,
ard II ought TO exercise II. The point
/ make about the tenure OF Office In the
Hawaiian Islands. claiming that the.
judges OF the supreme court ought %
be In for a longer period OF time than
! four years-it ought TO be nine yearu.
, in my Judgments that that is a pc
culiar legislative and judicial arrange
ment In Hawaii and that II requires
men who have an understanding OF the
laws, the customs, the habits, and the
, history OF Hawaii, and, In a large part.
OF the language OF the Hawaiians, In
order TO comprehend exactly what
Judge ought TO know VINO Is on the
. bench presiding In the most important
, OF all questions that the mind OF man
can conceive Of That Is my idea about
, the tenure OF Office.
While II may do to appoint a judge
OF the supreme court OF Arizona for
|, four years, Arizona being under the
! common law. her people speaking the
English language and being accustom-
ed entirely TO our institutions and Avs
while that might be justified In Ari-
zona. IL is a very dangerous thing 10 do
that proposition as to the tenure OF Of
fee that Is the argument which I ad-
vance-it Is "A dangerous thing In tear
ing down that government and replac-
ing it with a territorial government to
90 50 Tar as 20 put our judges over
them for 50 brief q period OF time.
and that, too. Mr.. President. In cOnnec-
tion with the fact thai every judge who
Is appointed in every Territory Is ap-
pointed purely on political grounds.
and on no other. induced me 20 .ry TO
n break that record-and other gentle
! men OF the commission were also sat
J isned with it-and 10 have Tor those
e islands out there a different situation.
: a different condition.
q do not want a politician from Call
fornia or from New York or from any
a where else TO 90 TO the President and
$ say: Sir. / contributed a million dol
9 lars % your election. ! have got vast
d interests In the Islands on Hawaii, and
4 / want you 20 appoint Mr. SO-and-So a
i Judge there. residing in Alabama or In
Kentucky or in Michigan ! want 10
n divorce. diFcouEe ect. the judicial system
/, OF Hawaii from The possibility, 90 far
q as we can do 3D.. OF having influences
i OF this kird t3 operate upon them. j
L do uc- wa~ tn cave the judicial sys-
r ten Of Ia vtN prey 20 the politicians
e OF the United States.
r a -1od deal OF declamatory state
s men, has been made here, and good
% deal OF defamatOry statement also, In
Is respect 20 the people OF Hawaii. the
IS classes who are 20 be admitted and
e those who are 20 be excluded from
b, voting for the fifteen senators IN those
j. Islands. money qualification % vote
n annexed 20 a white man is an odlous
e and an abominable thing I believe In
e the right OF every white man who has
u got moral status enough 20 cast an
n honest vote having the right 20 vote,
= without respect 20 his age, II he u
.e over q years. and without respect 70
the ownership OF property that he may
.e have, and without respect 70 bis ablll-
/ ~ 10 read or write. That II my judg-
4 rnent about it. But In expressins tins
! judgment how many OF the STATES Oh