Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-06-05

delivered the dissenting opinions. With
marked emphasis the Chief Justice de
| Clared that by the concession by Hawaii
of complete sovereignty to the United
States, recitcd in the resolution of anneXa-
| ton, the Hawaiian islands passed under
the provisions OF the Federal Constitution.
| 1T was almost criminal to tamper with the
| plain words of the resolution. mot in con
! tlict with the Constitution of the United
States The judiciary was not at liberty
TO make an exception. however great the
exigencies of the case would seem to re-
| Quire it.
The majority opinion he maintained was
a usurpation by the court of the law
making power which was vested in Con-
cress alone 1t was plain to him that i'm
mediatelY upon annexation the ConStltu-
ton of the United States became the ST.
| irene law of I avail
! Justice Harlan, who delivered his opinion
in a manner even more forcble and dra-
matte than that of the Chief Justice, main
tanned that the view of the majority was
have kept in force the municipal lesis-
/ lati1n OF the Hawaiian Islands relating to
original matters although such legislation
NAV have been in direct conflict with the
provisions of the Constitution of the
| United States. He added:
! | dissent altogether from any such idea.
| 1t assumes the possession by Congress of
power quite as omnipotent as that pos
sessed by the English Parliament. 1t as
Sumcs that Congress. which came into eN-
istcnce Orly by virtue of the Constitution,
NAV withhold the fundamental guarantees
of life and liberty from peoples who have
come under our complete jursdit ton. and
4 over whose country We have acquired the
authority to exercise sovereign dominion.
In my Judgment, neither the life nor the
liberty nor the property OF any person
within q territory on country over which
the United States is sovereign can be tak-
en- under the sanction of any civil tribu-
nal. by any form OF procedure incOnSiSt-
ent with the Constitution of the United
States.
If the accused had committed the crime
with which ne is here charged in the Ter
ritory of Arizona, if he mad been convicted
, of murder in amy court in that Territory.
except Under 4 pTcs"ntment or indictment
of a grant jlry. and ~ the unanimous
verdict of a petit jLry, and if he had been
then sentenced to be hanged and was
hanged. the Judge OF that court would
have been guilty of indicial murder Of
that the decisions of this court have no
F., room to doubt
Tn my opinion the Constitution of the
| Hawaii Immediately upon the approval OF
the Joint resolution of 1SM and without
any aCtiOn upon the part of Congress.
From the moment that resolution becam
a law. every human being in Hawaii,
charged with the commission of crime
there. could rightly insist that neither his
life nor his liberty could be taken as pun
isfment for crime by any process or as the
rdSuit of any mode of procedure that was
Inconsistent with the Constitution of the
lIrited States.
Gan it be that the Constitution is the
supreme law in the States of the Union,
add in the organized Territories of the
Jtlited States between the Atlantic ana
tpCiiIc oceans, and yet was not the SU-
ptrme law in territories and among peo-
pfcS situated like the Territory ana people
tof Hawaii. and over which the United
States acquired all rights of sovereignty
of Whatsoever kind? a negative answer
to this question and a recognition of the
principle that such an answer involves.
would mean thl' the lcEeft of tn" r'o-
visions designed for the protection of life
and liberty may he claimed by som" of tho
people subject to the authority and iuis-
dicti0n of the United States. but cannot
hc claimed by others equally subject to It's
authority and jurisdiction. 1t would mean
that the will of Congress. not the COnStitu-
ton. rs the supreme law of the land for
certain peoples and territories under ouT
jurisdiction.
1t would mean that this p5opl" do not
rctrace their steps. if the principles nov
announced should become firmly cStdb-
llished, the time may not be far distant
when under the cXactions of trade and
, commerce, and t. crafty an ambition tc
,Lecome the greatest political power in nj
the earth. [ nited States will acquire
territories in eN ~ direction which are in
hahited by human beings over which ter
rtories, to be called dependencies. We
will exercise absolute dominion and whose
inha bitants VIII be regarded as subjects. u
not as the Co lStitutiOn requires. nor as tho
.Upp1,lp governed NAV wish