The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-01-07

by the President of the United States,
Executive Order.
I'm the exercise of the power con-
ferred upon him by the Joint Resolu-
ton of Congress. approved by the Pre-
sident on July T. 1898, entitled Joint
Resolution to provide for Annexing the
Hawaiian Islands to the United States,
the President of the United States
hereby directs that the General EleC-
ton provided for by the Constitution
OF the Republic of Hawaii to be held
ON the last Wednesday i'm September
next shall not be held. All elective
officers whose terms of office shall eX-
pire before appropriate legislation shall
have been enacted by tine Congress Of
the United States shall be continued
in their offices at the pleasure of the
President of the United States.
In witness whereof, l have caused
the seal of the United States to be
hereunto affixed
Washington, May 18th, 1899.
WILLIAM MCKINLEY.
by the President,
JOHN HAY, Secretary of State
The foregoing order plainly indicates
that the Federal administration, as
well as the local administration and
the Hawaiian Supreme Court, under
stood that the established functions of
civil government for the repression Of
crime were still in operation; in other
words, that the Fifth Amendment had
lot been extended.
The historical events eliminating
August 18th, 1898, further indicate the
understanding and intentions of the
contracting parties.
The surrender of sovereignty on the
part of the Republic of Hawaii, and its
acceptance on the part of the United
States. was in the following language:
Minister Sewall said Mr.. Presi-
dent, 1 present you a certified copy of
a Joint Resolution of the Congress Of
I the United States approved by the
President on July eth, 1898, entitled
4 Joint Resolution to Provide for An
neXing the Hawaiian Islands to the
United States. This Joint Resolution
accepts, ratifies and cou-.ns, on the
part of the United Sta S., the cessiou
formally consented to a..t approved b..
/ the Republic of Hawai-.
President Dole rei.ed: "A treaty of
| political union ha.mg been made and
| the Cession formally consented to by
the Republic of Hawaii having been ac-
. l ~
ca l, now, in the interest of the Ha-
| waiian body polite, and with full CON
| tidence in the honor justice and friend
ship of the American people, yield up
! t. you, as the representative of the
government of the United States, the
sovereignty and public property of the
! Hawaiian Islands"
! Whereupon Minister Sewau said:
] In, ,F
! United States, l accept the transfer Of
! the sovereignty and property of the
| Hawaiian Governments"
By direction of President Dole the
/ Hawaiian flag was then lowered and
the American flag was raised by direc-
| ton of Minister Sewall.
! The Newlands Resolution declared
that until Congress shall provide for
the government of such islands, all the
civil judicial and military powers exer-
cised by the officers Of the existing
government in said islands, shall be
vested in such person or persons, and
shall be exercised in such manner as
the President of the United States shall
direct; and the President shall have
the power to remove said officers and
fiji the vacancies so occasioned. The
| existing treaties of the Hawaiian ISL
ands shall forthwith cease and deter
mine, being replaced by such treaties
as may exist, on as may be hereafter
! concluded between the United States
and such foreign nations The NUM-
Cipal legislation of the Hawaiian ISL
ands not enacted for the fulhllment of
the treaties so eXtnguished, and not
inconsistent with this Joint Resolution,
inOr contrary to the Constitution of the
| United States, nor TO any existing
treaty of the United States, shall re-
main i'm force until the Congress of
the United States shall otherwise de-
termine. Until legislation shall be
enacted extending United States GUS
tom laws and regulations of the Ha-
Waiian Islands with the United States
and other countries shall remain UNI
changed. SO long as the eX-
listing government and the present COM
merCial relations of the Hawaiian ISL
ands are continued as hereinbefore pro-
yided for, said government shall con-
tinue to pay the interest on said debt
No Chinese by reason of any
thing herein contained, shall be allow
ed to enter the United States from the
Hawaiian Islands. The President shall
appoint five commissioners, who
shall, as soon as reasonably practical
bic, recommend to Congress such legis-
lation concerning the Hawaiian Islands
las they shall deem necessary and pro-
per"
In his proclamation, President Nc
Kinley after reciting the terms Of the
Joint Resolution, declared that the
civil, judicial and military powers In
question shall be exercised by the Off
GERS of the Republic of Hawaii, as If
existed just prior TO the transfer OF
sovereignty subject to his power to re,
move such officers and to fill vacancies
That the municipal legislation OF
Hawaii Subject to the exceptions sci
forth in the Joint Resolution was tC
remain in force until the Congress o.
the United States should otherwise de-
termine.' The President ended his pro-
Clamation with the significant state
ment, Under these various provisions
the government of the islands will pro-