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                             2028
The SECRETARY.   Add to section 83 the following proviso:
Provided, That writs of error, bills of exceptions, and appeals in all cases from the final 
decisions of the said supreme court of Hawaii may be taken to the circuit court of 
appeals of the Ninth judicial circuit of the United States where the value of property or 
amount in controversy shall exceed $1,000, except that a writ of error or appeal shall be 
allowed to said circuit court of appeals of the United States from the decision of said 
supreme court of Hawaii or of any court or judge upon any writ of habeas corpus involving 
the question of personal freedom.
Mr. MORGAN. Mr. President, the commission that went to Hawaii framed 
the general outline of this bill in almost all of its provisions and reported it 
back to the President of the United States and offered it in both Houses of 
Congress. The Houses of Congress have taken the subject under consideration 
and have examined it with a great deal of care, and they have remodeled the 
bill in many particulars. This particular bill has undergone a second revision by 
the Committee on Foreign Relations. It was reported at the last session of 
Congress and at the present session referred back to that committee, and it has 
undergone a very careful revision. The last revision that was made was upon the 
suggestion of the subcommittee of which the honorable Senator from Illinois [Mr. 
CULLOM] was chairman and the Senator from Ohio [Mr. FORAKER] and myself 
were the other members. So none of its provisions are presented in any 
inconsiderate way. Every word and every line in the bill has had scrutiny and 
attention, and it is the best thought of the gentlemen who have been con-
cerned in it, all of them, I have not any doubt at all, entirely impartial and 
entirely patriotic in their views on the subject, and without the slightest 
personal interest or feeling or concern involved in the matter.
It may be the subject, and it ought to be the subject, of just criticism; but 
when the situation is comprehended by the Senate, if the Senate will take the 
trouble to comprehend the situation, look over it and see exactly what it is, I 
think the bill will be found a very appropriate system of legislation for the 
purpose of preserving all the rights of the people in Hawaii, and all classes of 
property, the public peace and general welfare, the promotion of the health and 
the education of those people, and, in fact, every benevolence that government can 
bestow upon any class of mankind.
Now, in approaching this question the commission had a certain guide, which 
is foiled in the statute of annexation, and that is a peculiar statute. There was 
but one like it, an act annexing the Territory of Louisiana after the treaty of 
1804,1 believe it was. This statute in its principles and in several of its 
provisions was copied from the statute annexing Louisiana to the American Union 
after the treaty of purchase had been ratified. That statute was approved by 
Thomas Jefferson, and its principles have always been recognized as sound 
constitutional principles and sound principles of public policy.
Now, let us see what the statute annexing the Hawaiian Islands to the United 
States provided should be done:
Resolved by the Senate, and House of Representatives, etc.. 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.
That is the right of public property.
The existing laws of the United States relative to public lands shall not 
apply to such lands in the Hawaiian Islands-
That leaves that branch of our legislation entirely out of the question; it does 
not apply-
but the Congress of the United States shall enact special laws for their management and 
disposition: Provided, That all revenue from or proceeds of the same, except as regards 
such part thereof as may 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 in-habitants of the Hawaiian Islands for educational and other public 
purposes.
Then the great land domain there, the whole of it, is taken up and disposed of 
by that enactment.
Until Congress shall provide for the government or 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.
So up to this hour, while we arc debating this question, all of the officers 
there are subject to removal by the President and to appointment by the 
President. He shall provide for the civil and military government of Hawaii by 
the officers of the existing government in said islands," if he shall so elect, is 
what it means, and these powers " shall be vested in such person or persons and 
shall be exercised in such manner as the President of the United States shall 
direct."
Now, the President gave his direction on that. I assume that that is 
constitutional law. I think there is no person here who will dispute it who has 
over considered the fact that the laws of nations are a part of the law of the 
land. They are recognized in the Constitution; they are recognized in the 
decisions of every State in this Union as being a part of the law of the land. It 
was


the purpose of this statute to give the President such power over that country as 
the laws of nations conferred, except so far as it was constrained by the statute 
itself.
Until Congress shall provide for the government of said 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, etc.
Now, the President made his election. He kept all of the officers in that island in 
position, subject to his right of removal, which right he delegated, of course, 
to the governor of the islands, the president of the republic of Hawaii.
The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease 
and determine-
That cuts them off from all foreign relations-
being replaced by such treaties as may exist, or as may be hereafter concluded, between 
the United States and such foreign nations. 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.
Now, that is a very broad provision. All of the existing laws in Hawaii, 
including, of course, its constitution and every provision of law-
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.
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.
There is another exception under the general rule. Then it goes on to provide 
for the public debt, then for the immigration of Chinese, then for the 
appointment of five commissioners-
who shall, as soon as reasonably practicable, recommend to Congress such legislation 
concerning the Hawaiian Islands as they shall deem necessary or proper.
SEC. 2. That the commissioners hereinbefore provided for shall be appointed by the 
President, by and with the advice and consent of the Senate.
This commission, therefore, when it arrived in Hawaii, had the proposition 
presented to it not what laws and institutions we would confer upon those 
people, but what laws and institutions we would modify or recommend to be 
modified so as to conform them to the laws, Constitution, and treaties of the 
United States. That was a very wise view to take of the subject, for the reason I 
stated yesterday, that these people in Hawaii had matured what everybody 
concedes to be one of the best governments that was ever formed in any country 
to be called a republic, and a government that sustains no discredit by being 
brought into comparison with any government of any State in the American 
Union. We found there a government, so far as we could detect or discover, 
without any flaw in its organization, without any corruption in its 
administration, without any impeachment upon the honor of its legislation, or 
its judges, or its governor or president, or any person else.
We thought it was our duty to consult those facts and to pre-sent, as far as 
we could, the system of laws which had operated to produce such results for the 
further government of those islands.
Now we come to the judiciary, and that is one of the most important of the 
offices in Hawaii. Anyone can contemplate the great importance, the 
overpowering influence and value of a good judicial system in a country that has 
a population so large and mixed and with so few people who are really 
intelligent, educated people. When I refer to that class of people I mean a large 
number of the Portuguese who are there, twenty-odd thousand of them; I mean 
a large number, almost the en tire body, of the Japanese population, now 
amounting to about 40,000; a very large pro-portion, almost the entire body, of the 
Chinese population, which amounted to fifteen or sixteen thousand, and is 
somewhat reduced, I think, from those figures; and then the native population, 
who are a people of remarkable intelligence, so far as education is concerned. It is 
stated that under the system of education in Hawaii there is not a child 12 years 
old who was born in those islands, no matter what his nationality or nativity 
may be, that can not read and write in the English and Hawaiian languages if he 
has sufficient intelligence to comprehend learning at all.
All the Christian denominations are represented in full force there, including 
the Mormon Church. There is perfect freedom of religion. The result is that 
there are a number of congregations with established churches, some of them 
very handsome structures, all of them, I understand, well sustained by their 
congregations.
Now, when we come to this judicial establishment and consider its influence 
and power in the maintenance of this high state of civilization, for it is a very 
high state of civilization in Hawaii, very great importance is to be attached to 
the men who fill the office, to the manner of their selection, and to the tenure 
of the office. The tenure of the office ought to be longer than it would be in a 
country that is entirely homogeneous, a country composed of one race or even 
two races. The judges in Hawaii have got to

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