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Sec. 93. Imports from Hawaii into United States, 209.

94. Investigation of Fisheries, 209.
95. Repeal of Laws Conferring Exclusive Fishing Rights, 209.
96. Proceedings for Opening Fisheries to Citizens, 209.
97. Quarantine, 210.
98. American Register for Certain Vessels, 210.
99. Crown Land Free from Trusts, etc., 210.
100. Naturalization, 210.
101. Certificates of Residence for Chinese, 211.
102. Postal Savings Banks, 211.
103. Surplus, etc., in Postal Savings Bank to Be Paid into

Ūnited States Treasury, 211.

104. When Act Takes Effect, 212. Act of May 19, 1902, ch. 817, 212.

Sec. 1. Term of Office of Senators, First Election, 212.

2. Senators and Terms, 212.

CROSS-REFERENCES.

Pay of Army Officers and Men Serving in Hawaii, see WAR DEPARTMENT

AND MILITARY ESTABLISHMENT.
Entry of Steamships Engaged in Coasting Trade, see SHIPPING AND NAVI-

GATION
Deposits of Receipts from Duties, see NATIONAL BANKS.
Customs Officers and Ports, see CUSTOMS DUTIES, vol. 2, p. 576.

Joint Resolution To provide for annexing the Hawaiian Islands to the United States.

[Resolution No. 55 of July 7, 1898, 30 Stat. L. 750.]

[Preamble.) Whereas the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore,

[Sec. 1.] [Cession accepted.] That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America.

[Public-land laws not applicable disposition of proceeds from land sales.) The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proreeds of the same, except as regards such part thereof as mav be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.

[Existing government.] Until Congress shall provide for the government of such islands all the civil, judicial, and military powers exercised 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 power to remove said officers and fill the vacancies so occasioned.

[United States treaties to replace existing treaties.] The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations.

[Municipal legislation to continue.] The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extinguished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.

[Customs laws.] Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.

[United States to assume public debt.] The public debt of the Republic of Hawaii, lawfully existing at the date of the passage of this joint resolution, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States; but the liability of the United States in this regard shall in no case exceed four million dollars. · So long, however, as the existing Government and the present commercial relations of the Hawaiian Islands are continued as herein before provided said Government shall continue to pay the interest on said debt.

[Chinese immigration prohibited.] There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.

[Commissioners to recommend legislation.] The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper. [30 Stat. L. 750, 751.)

This is the resolution known as the “New resolution of annexation was ed July 7, lands Resolution."

1898, the formal transfer was not made until Power to acquire territory by cession. August 12, when, at noon of that day, the The Constitution of the United States implies American flag was raised over the governthe power to acquire territory by cession or ment house, and the islands ceded with apconquest, and that power carries with it all propriate ceremonies to a representative of proper and incidental power. Peacock v. Re the United States. Hawaii . Mankichi, public of Hawaii, (1899) 12 Hawaii 27. See (1903) 190 U. S. 197. also PHILIPPINE ISLANDS; PORTO RICO.

While the purpose was to acquire and exAnnexation. -- Until this resolution

tend the sovereignty of the United States signed by the President, the republic of over the islands, it was proposed only to proHawaii possessed all the attributes of sover vide, by the resolution of annexation, a proeignty; on the consummation of annexation all visional government until Congress should the rights of sovereignty were relinquished become possessed of the information necessary by the republic and granted to the United to enable it to determine what should be the States. During the period taken by the fed permanent status of the annexed territory. eral government to perfect a new system all The meaning of the resolution thus indicated the functions of the government remained for by its terms is reflexly demonstrated by the exercise by the existing republic. Spencer v. Act of April 30, 1900 (infra, p. 186), by which MoStocker, (1898) 11 Hawaii 581.

the islands were undoubtedly made a part of Date of formal transfer. - Though the the United States in the fullest sense, and

was

given a territorial form of government. The proper construction of the resolution so far mere annexation did not effect the incorpora as the tariff laws of the United States are tion of the islands into the United States, concerned. (1899) 22 Op. Atty.-Gen. 565. and the provisions of the Constitution as to This resolution was held to be constitugrand and petit juries were not, by the reso tional against the following objections: lution of annexation, made applicable. Ha First. That the Constitution of the United waii v. Mankichi, (1903) 190 U. S. 197.

States is in full force and effect in all the Extension of Constitution to Hawaii. territory of the United States. Second. That One of the grounds for believing that Congress among the limitations to which Congress is did not intend to fully extend the Constitu subjected in dealing with territories is the tion to Hawaii or fully incorporate those requirement that all duties, etc., shall be uniislands as an integral part of the United form throughout the United States. Third. States, is the construction put upon the reso That one of the limitations under which Conlution by Congress itself as shown by the gress legislates is that no tax or duty shall Organic Act of April 30, 1900. Ex p. Ah Oi, be laid on articles exported from any state. (1901) 13 Hawaii 534.

Fourth. That the Tariff Act levying duties All municipal legislation contrary to the upon articles imported from foreign counConstitution of the United States ceased to tries does not apply to goods brought into be of force or effect after the twelfth day of one of the ports of the United States from a August, 1898. p. Edwards, (1900) 13 place which has theretofore been annexed as Hawaii 32.

part of the territory of the United States. The power to permit the government of a Crossman v. U. S., (1900) 105 Fed. Rep. 608. newly acquired territory to continue for such Chinese immigration. -. By virtue of the reasonable time as may be deemed necessary above provision relating to Chinese immigraand proper by the political department of tion, United States laws upon the subject the acquiring government, is one of the inci were extended to and put in force in the dental powers carried with the sovereign Hawaiian Islands. Matter of Wong Tuck, power to acquire territory; and this is so (1899) 11 Hawaii 600. See Matter of Ah Ho, whether the territory is acquired by cession (1899) 11 Hawaii 654. or conquest, by treaty or joint resolution. The secretary of the treasury has authority Peacock t. Republic of Hawaii, (1899) 12 to admit to the Hawaiian Islands such Chi. Hawaii 27.

nese persons as departed therefrom under Between annexation and the organization regulations of the existing government allowof the territory, the laws of Hawaii, with ing them to return, as they are not excluded certain exceptions, remained in force. Re by the extension to the islands of the law and public of Hawaii v. Edwards, (1898) 11 regulations now operative within the United Hawaii 571.

States. (1899) 22 Op. Atty.-Gen. 353. In continuing the municipal legislation of There is nothing in this resolution, nor in the island not contrary to the Constitution of any law of Congress, which would prevent the the United States it was not intended to entrance into these islands of Chinese legally abolish at once the criminal procedure there resident in the United States and holding tofore in force upon the islands, and to sub certificates of registration.

“ The further stitute immediately, and without legislation, immigration of Chinese forbidden by this the common-law proceedings by grand and resolution is immigration from countries petit jury which had been held applicable to other than the United States. The question other organized territories. Hawaii v. Man of the right of such Chinese persons to rekichi, (1903) 190 U. S. 197.

turn to the United States from the Hawaiian Inconsistent Hawaiian law. - Any law of Islands is not decided. (1901) 23 Op. Atty.the Hawaiian Islands inconsistent with the Gen. 487. terms of this resolution of annexation is in The restrictions placed upon the admission valid and inapplicable. (1898) 22 Op. Atty.. to the United States of Chinese persons of the Gen. 249.

exempt class, and the regulations affecting The vessel registry laws of Hawaii were the departure and return to this country of not abrogated immediately upon annexation. registered Chinese laborers, are to be held Spencer 1. McStocker, (1899) 12 Hawaii 66, applicable to Chinese persons applying for (1898) 11 Hawaii 581.

admission to the Hawaiian Islands or to such Customs laws and regulations. — Under persons residing there who may wish to dethis resolution, until Congress acted, the gov part with the intention of returning. (1898) ernment of Hawaii had the lawful right to 22 Op. Atty.-Gen. 249. collect customs duties prescribed by its laws. Public lands. - In 1899 Attorney-General Peacock 1. Republic of Hawaii, (1899) 12 Griggs ruled as follows in a communication Hawaii 27.

to the President respecting the public lands The provision above, relative to customs of the Hawaiian Islands: laws and regulations, is a valid exercise of Congress having failed to legislate on the power by Congress. Ex p. Ah Oi, (1901) 13 subject of public lands for the Hawaiian IsHawaii 546.

lands, the government of Hawaii is not reinThe provision that existing customs rela vested with its former power of their dispotions of the Hawaiian Islands with the United sition. States and other countries should remain un The Hawaiian Republic, as a separate and changed until legislation should be enacted sovereign power, ceased to exist when the extending the United States customs laws to resolution of annexation took effect, and it such islands, was only declaratory of what exists as an organized government only for would have been, without expression, the the purpose of municipal legislation and for

such special purposes as were expressed in the resolution, the sale and disposition of the public lands not being one of the latter class. The

term “municipal legislation” is limited to that class of laws that relates solely to the internal affairs of the country and the relations of the people to each other.

By the resolution of annexation the public property of Hawaii, including the lands, became vested in the United States, and only by their authority or direction can those lands be disposed of.

All interest of the Republic of Hawaii in public lands at the time the resolution of annexation took effect was thereby transferred to the United States, and thenceforth the officials of Hawaii were without power to convey by grant or cession the legal or equitable title of the United States.

The resolution of annexation took effect as of the date of its approval, to wit, July 7, 1898, with respect to public lands, and not Aug. 12, 1898, the date on which the ceremonies took place formally transferring possession.

The Hawaiian government has no power to convey or confirm title to public lands where .conditional sales or entries were made prior to the resolution of annexation, and the conditions entitling such persons or entrymen to a grant have been subsequently performed. (1899) 22 Op. Atty.-Gen. 627.

By the resolution of annexation the local government of Hawaii was deprived of all authority to dispose of public lands in any manner whatsoever, except by virtue of special

laws enacted by Congress. The officers of the Hawaiian government have no authority to sell or otherwise dispose of the public lands in the Hawaiian Islands, and any such sales or agreements to sell are absolutely null and void as against the government of the United States. (1899) 22 Op. Atty.-Gen. 574.

Criminal convictions and verdicts rendered before the legislature could act, in accordance with existing legislation, but not in accordance with the Constitution of the United States, are not nullified by this resolution. Hawaii . Mankichi, (1903) 190 U. S. 197.

During the transition period between annexation and territorial organization, felons could be lawfully prosecuted without the intervention of the grand jury, and convicted by nine out of twelve petit jurors. Republic of Hawaii v. Edwards, (1899) 12 Hawaii 55; Hawaiian Star Newspaper Assoc. v. Saylor, (1898) 12 Hawaii 64; p. Mankichi, (1901) 13 Hawaii 570, affirmed Ex p. Ah Oi, (1901) 13 Hawaii 534.

No person could be put upon trial for an infamous crime after Aug. 12, 1898, without having been first indicted by a grand jury, nor could one be convicted of such a crime save by the unanimous verdict of twelve jurors. Ex p. Edwards, (1900) 13 Hawaii 32.

In fixing upon the proper construction to be given to this resolution it is important to bear in mind the history and condition of the islands prior to their annexation. This history and condition is reviewed by Mr. Justice Brown in Hawaii v. Mankichi, (1903) 190 U. S. 197.

SEC. 2. [Appointment of commissioners.] That the commissioners hereinbefore provided for shall be appointed by the President, by and with the advice and consent of the Senate. [30 Stat. L. 751.]

Sec. 3. [Appropriation.] That the sum of one hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect.

[30 Stat. L. 751.]

An Act To provide a government for the Territory of Hawaii.

(Act of April 30, 1900, ch. 339, 31 Stat. L. 141.]

CHAPTER I. - GENERAL PROVISIONS.

DEFINITIONS.

SEC. 1. That the phrase “ the laws of Hawaii,” as used in this Act without qualifying words, shall mean the constitution and laws of the Republic of Hawaii, in force on the twelfth day of August, eighteen hundred and ninetyeight, at the time of the transfer of the sovereignty of the Hawaiian Islands to the United States of America.

The constitution and statute laws of the Republic of Hawaii then in force, set forth in a compilation made by Sidney J. Ballou under the authority of the legislature, and published in two volumes entitled “ Civil Laws ” and “Penal

Laws,” respectively, and in the Session Laws of the Legislature for the session of eighteen hundred and ninety-eight, are referred to in this Act as “ Civil Laws,” “ Penal Laws,” and “ Session Laws.” [31 Stat. L. 141.]

This Act is cited in Mutual L. Ins. Co. v. Eminent domain - jury trial. — By the McGrew, (1903) 188 U. S. 313.

Hawaiian statute itself an issue of fact in “ Laws of Hawaii.” — The construction of respect to the value of land sought to be this phrase in the first, fifth, and sixth sec taken by the United States in the exercise of tions of the Act is considered in the case of the power of eminent domain must be tried Schooner Robert Lewers Co. v. Kekauoha, (C. by jury. U. S. v. Honolulu Plantation Co., C. A. 1902) 114 Fed. Rep. 849.

(C. C. A. 1903) 122 Fed. Rep. 581.

TERRITORY OF HAWAII. SEC. 2. That the islands acquired by the United States of America under an Act of Congress entitled “ Joint resolution to provide for annexing the Hawaiian Islands to the United States," approved July seventh, eighteen hundred and ninety-eight, shall be known as the Territory of Hawaii. [31 Stat. L. 141.)

Incorporated territory. — By this Act the Hawaiian Islands are given the status of an incorporated territory. Downes v. Bidwell, (1901) 182 U. S. 305.

GOVERNMENT OF THE TERRITORY OF HAWAII.

Sec. 3. That a Territorial government is hereby established over the said Territory, with its capital at Honolulu, on the island of Oahu. [31 Stat. L. 141.]

CITIZENSHIP.

SEC. 4. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii.

And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninetyeight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. (31 Stat. L. 141.]

Chinese citizens. - Chinese persons who A Chinese child born in Hawaii in 1885, on Aug. 12, 1898, were citizens of the re and taken to China by his mother, is entitled public of Hawaii, become, by virtue of this to re-enter that territory where his father section, citizens of the United States. (1901) still resides. (1901) 23 Op. Atty.-Gen. 345. 23 Op. Atty.-Gen. 509; (1901) 23 Op. Atty.Gen. 352; (1901) 23 Op. Atty.-Gen. 345.

APPLICATION OF THE LAWS OF THE UNITED STATES. Sec. 5. That the Constitution, and, except as herein otherwise provided, all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States :

Provided, That sections eighteen hundred and fifty and eighteen hundred and ninety of the Revised Statutes of the United States shall not apply to the Territory of Hawaii. ' [31 Stat. L. 141.]

By this Act the Constitution is formally tends the National Banking Acts of the extended to these islands. Hawaii v. Man United States to the territory of Hawaii, and kichi, (1903) 190 U. S. 197.

would authorize the comptroller to grant perJurisdiction of courts. As to the juris mission for the organization of national banks diction of the Circuit Court of Appeals for therein. (1900) 23 Op. Atty.-Gen. 177. the Ninth Circuit under this section, see Unanimity of verdicts is essential under Wright v. MacFarlane, (C. C. A. 1903) 122 the provisions of this Act, but it may be Fed. Rep. 770.

waived. Pringle v. Hilo Mercantile Co., (1901) National Banking Acts. This Act

13 Hawaii 705.

ex

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