The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-07-16

symptoms are all opposed to any G
law institutions.
This was a petition by Manliichi for
writ of habeas corpus to obtain his
release from the Oahu convict prison,
where he is confined upon conviction
for manslaughter, in alleged violation
of the Constitution, in that he was
tried upon an Indictment not found by
a grand jury, and convicted by the YER
dict of nine out of twelve jurors, the
other three dissenting from the YER
dict.
Following the usual course of proce-
dure in the Republic of Hawaii, prior
to its incorporation as a Territory of
the United States. the prisoner was
tried upon an indictment much in the
form of an information at common law,
by the Attorney General, and endorsed
"a true bill found this fourth day of
May, A. D. 1899 A. Perry, first judge
of the Circuit Court" &c.
From an order of the United States
District Court discharging the prisoner
the Attorney Gene. al of the Territory
appealed to this court.
Mr.. Justice Brown delivered the opn-
ion of the Court.
The question involved in this case is
an extremely simple one. The difficulty
is in fixing upon the principles appli-
cable to its solution, By joint resolu-
ton adopted by Congress, July I, 1898,
go Stat. 1901 known as the Newlands
| resolution, and with the consent of the
Republic of Hawaii, signified in the
manner provided in it's constitution. the
Hawaiian Islands, and their dependen-
cies, were annexed ''as a part of the
| territory of the United States, and
subject to the sovereign domin-
| ion thereof with the following
condition.: The municipal legs-
lation of the Hawaiian Islands, not
enacted for the fulIllment of the trea-
ties SO eXtinguished, and not incon-
sistent with this Joint resolution nor
contrary to the Constitution of the
/ United states shall remain in force
until the Congress of the United States
shall otherwise determine" The mate
rial parts Of this resolution are printed
in the margin. Thouph the resolution
was passed July l. the formal transfer
was not made until August y, when,
at noon of that day the American flag
was raised over the government house,
and the islands ceded with appropriate
ceremonies to a representative of the
United States. Under the conditions
named in this resolution the Hawaiian
Islands remained under the name of
the Republic Of Hawaii" until June
IA, 1900, when they were formally incor-
porated by act of Congress under the
name Of the TERRITORY of Hawaii" 81
Stat. 14l.) BY this act the Constitution
was formally extended to these islands
(sec. 81 and SPECIAL provisions made
for empanelling grand jurles and for
unanimous verdicts of petty juries.
(Sec. So
The question is whether, in continu-
ing the municipal legislation of the ISL
ands, and to substitute Immediately and
of the United States, it was intended
TO abolish at once the criminal proceed
ure heretofore in force upon the ISL
ands, and to substitute imediately and
without new legislation the common
law proceedings by grand and petit
jury, which had been held applicable
to other organized territories CWebster
V. Reid. II How. 49,; American Pub.
Co. V. Fisher, 166 u. :. 46; Thompson V.
Utah, 10 U. S. S43) though we have
also held that the States, when once
admitted as such, may dispense with
grand juries, (Hurtado V. California,
40 L. S. $50 and perhaps also allow
Verdicts to be rendered by less than a
unanimous vote. american Pub. CO.
V. Fisher, 166 U. S. 46; Thompson V.
Utah, 40 u. S. 343.)
In fixing upon the proper construc-
ton to be given to this resolution, it is
important to bear in mind the history
ana condition of the islands prior to
their annexation by Congress. Since
lS4l they had enjoyed the blessings of
| civilized government, and a system of
Jurisprudence modelled largely upon
the common law of England and the
| United States. Though lying in the
| tropical zone, the SalubritV of their eli
mate and the fertility of their soil had
attracted thither large numbers of peO-
pie from Europe and America, who
brought with them political ideas and
traditions which, about sixty years
ago, found expression in the adoption
of a code of laws appropriate to their
| new conditions. Churches were found
! ed, schools opened, courts of justice
established, and civil and criminal laws
| administered upon substantially the
same principles which prevailed in the
| two countries from which most of the
| immigrants had come. Taking the lead,
however, in "a change which has since
| been adopted by several of the United
States, no provision was made for
grand juries, and criminals were prose-
cuted upon indictments found by judi
| ges. BY a law passed in 1847, the num-
Der of jury was fixed at twelve, but
a verdict might be rendered upon the
agreement of nine jurors. The question
involved in this case is whether it was
intended that this practice should be
| instantly changed, and the criminal
procedure embodied in the Fifth and
| Sixth Amendments to the Constitution
be adopted as of August IL, 1898, when
the Hawaiian flag was hauled down