The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-03-31
DOLE'S SUPPLEMENTAL BRIEF
Continued from page six)


There being prospect annexation for least four years
more permanent form OF governn for the Republic Ha
acted upon President Harrison OF office expired and Pres
wall was established in 1904 Article 81 OF its constitution
follows
The president of the Republic OF Hawaii with the approval
Of e cabinet hereby expressly authorized empowered
make treaty of political commercial union between the Re
public of Hawaii and United States OF America subject
the ratification of the senate.
The terms of treaty of annexation subsequently agreed
upon between President McKiney administration and Pres
dent Does administration They ratified in the Hawaiian
senate in September 1907 Later it thought advisable to
adopt the of joint resolution, and the Newands resou-
ton socaed identical in its with the proposed treaty
ratified by the Hawaiian senate
joint resolution Of Congress annexng foreign country is
legal validity per 1t requires the assent OF the other
party which makes 1t became contract when it
was acceded Hawaiian Government in the proceedings
forth pages and OF my printed argument All the ee-
men Of contract existed 1t was contract and nothing but
contract.
In interpreting this contract the intention of the parties is
poear of the written instruments taken by them
selves ambiguous the will take everything
that can shed light upon the transaction history existing
conditions the advantages which the parties expected realize
by the the evils which they expected escape and the
construction which they themselves put upon by their
temporaneous and subsequent In considering such
the will also take into account considerations OF
ce and huEany and weseted principles OF international law,
and will not lightly that civilized government nen-
Lonay surrendered tie elemental rights of its citizens pro-
lection from crime. The law is made for for the
protect itself from murderers raPss robbers and other like
criminals and poweres dean the perpetrators OF such
outrages, is not to be favored
If the fifth amendments to the Constitution OF the
United States became applicable the Hawaiian Islands with
the surrender Of national sovereignty then for period OF nearly
years. the people OF those islands did have and could
have any legal machinery Tor the protection OF lie and property
for the punishment OF criminals for their detenon
For than half century Hawaiian law had provided
other mode OF prosecution and trial
For than hall century Hawaiian law Except from 1912
to 8 when capital cases required unanimous verdict provided
No jury, for the trial any case civil criminal shall
less than twelve in number but when nine jury
agree upon verdict they render the same and such verdict
shall be valid and binding upon the parties rendered by
all twelve (Sec 1345 Civil Laws, 1912
All native aWaans, accused of any crime shall be tried by
jury composed entirely Of natives and all foreigners by jury
composed entirely OF foreigners who shall be drawn from the
native and foreign jurors respectively returned
at the term (Sec 1892 Civil Laws, 1897
system in the Hawaiian Islands, and continuously in force
until the taking effect of the organic
Hawaiian law also provides that
The law OF England asceraned by English and
American DECISIONS hereby declared the law
the Hawaiian Islands in all except otherwise expressly
provided by the Hawaiian judicial precedent or established by
Hawaiian naonai usage Provided however, that person
shall be subject to criminal proceedings except provided by
the Hawaiian laws Sec IIO0 Civil Laws, 1879
1t is obvious that the foregoing provisions foreign the
grand and petty jury system contemplated by the fifth and sixth
amendments to the Constitution OF the United States These
amendments automatic The Hawaiian could
work under them without the aid of appropriate legislation The
Newland resolution provided such legislation and made
surrendered the regular session the legislature about
eighteen months in the future and Congress had adjourned As
Stunning that advisable egislate would have been
three months before appropriate legislation could have been
passed and have taken effect MEANWHILE the people of Hawaii
assuming that the fifth and sixth amendments then app
cable would have been without legal protection from crime and
without legal power dean criminals. When the regular
session the Hawaiian legislature approached President Nc
Knley by virtue the powers vested in him by the Newands
resolution postponed its meeting for year order that the
situation might unchanged until Congress should provide
scheme of government have quoted his order in full
OF my first brief Under these circumstances the egsa
make the fifth and sixth amendments operative for tn?
indictment and trial of accused persons impossible and
they applicable the Hawaiian Islands that time they
operated simply guaranty of immunity from punishment
70 4 ntnr1 Inr