Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-02-26
ATTORNEY GENERAL
ON PORTO R|CANS

In answer to a recent request for 10
opinion on the political status Of the
Porto Ricans in the Territory, sent in
to the Attorney General by the Re-
publican Territorial committee the
following has been received:
Territory of Hawaii, Office of the At
torney General, Honolulu, II. l.,
Feb 20 1902.
Mr.. J. d. Avery, Assistant Secretary
Republican Central Committee, of
Hawaii, Elite Building, Hotel
Street, Honolulu:
Dear Sir:-I beg to acknowledge
your communication of yesterday, re-
questing my opinion as to the status of /.
the Porto Ricans now in this Terri.
itory, with reference to the suffrage.
Article of the Treaty of Paris of
December 10, 1898, by which Porto Ri
co and other islands we're coded to the
United States, provides that THE
civil and political status of the native
inhabitants of the territory hereby
coded to the United States shall be
determined by Congress" This treaty
indicates the Federal policy in regard
to the new insular possessions. There
has been provision in all former trea-
ties ceding territory to the United
States, that the inhabitants thereof
should Immediately or ultimately 5e-
come citizens Of the United States. The
treaty of Paris is unique in that IL
leaves the civil rights and political
status of the inhabitants Of Porto Rico
and the Philippine Islands entirely at
the discretion of Congress.
Section of an act Of The Ffty-sixth
Congress. entitled "An Act Temperate
ly to provide revenues and a civil gov
eminent for Porto Rico, and for other
purposes" approved April ~, hoo,
provides: THAT all inhabitants con-
tinuing to reside therein who were
Spanish subjects on the 18th day of
April, 1899, and then resided in Porto
Rico, and their children born suisse
quent thereto, shall be deemed and
held to be citizens Of Porto Rico, and
as such entitled to the protection OF
the United States except such as shall
have elected to preserve their allegi-
ance to the crown of Spain on or before
the 18th day of April. 1900, in accord.
ance with the provisions Of the treaty
Of peace between the United States and
SPAIN entered into on the 18th day Of
April, 1899; and they, together with
such citizens OF the United States as
may reside in Porto Rico. shall con
stitute a body polite under the name
of the people Of Porto Rico, with gov,
ernmental powers as hereinafter con
ferred, and with power to sue and bC
sued as such"
Under the foregoing section the in
habitants of Porto Rico, together will
their children subsequently born there
are citizens of Porto Rico, and as sucf
entitled to the protection of the Unit
ed States" In other words they arr
entitled to protection as citizens o
Porto Rico, not as citizens of the Unit
ed States. Furthermore, the words
And they. together with such citizen
Of the United States as may reside II
Porto Rico" clearly distinguishes AM
segregates them from citizens OF tn
United States, dividing the body poll
tic of Porto Rico into two classes, on
class being citizens OF the Unite,
y States, the other class being merel
u citizens of Porto Rico. The act GREAT
y. ing temporary government FOR Port,
= Rico contains nothing in the least cor
responding to Section Of our Organi
4. Act, making all citizens of the Repub
II lie of Hawaii citizens OF the Unite
d States ;or to like provisions whicl
y. Congress has always enacted whel
n organizing territories on the Main
e land.
l. AS our Organic Act makes Unite
II States citizenship an indispensable
D. qualification for the suffrage in thI
Territory, it follows that Porto Ri
? cans cannot vote here without belnI
!, first naturalized.
Very respectfully yours,
L. P. DOLE,