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tincture of Hawaiian blood in them-it is quite a mistake to sup-pose they have 
not been consulted. There has not been a cabinet from Kamehameha I down to 
the present time where the Hawaiians and the white people have not associated 
together. The Hawaiians have sometimes held the chief positions, and sometimes 
the political premier--
Mr. HOAR. May I ask the Senator one question in that connection? It is a 
practical question purely.
Mr. MORGAN.   Certainly.
Mr. HOAR. That is, whether there is kept now and is preserved a record of the 
persons who registered prior to 1897-for those three years. I am speaking of 
the practical question. I make no criticism on the rule proposed, but I only 
wish to know whether there are the means in existence of enforcing it justly; 
that is, are the old registers preserved, so that the record will show who did 
register and who did not in those three years?
Mr. MORGAN. My impression is entirely distinct that when this subject was 
under discussion before the commission we ascertained that those registers bad 
been kept and that it was easy to determine who refused to register and who 
had registered.
Mr. CULLOM. There is not the slightest doubt but that the officials of the 
islands know exactly who registered and who voted and who did not.
Mr. MORGAN. I will say to the Senator from Massachusetts that I have 
never been amongst a set of officials who are so careful with their records as 
those of Hawaii, and I am quite sure we had the information about the number of 
persons who had refused to register, and who thereby signified their 
determination not to recognize the republic. That was their manner of doing it. 
It was provided if they voted hereafter, being citizens of Hawaii, they should 
take an oath to support the Constitution of the United States. They were 
monarchists. They were against a republican government, and we did not want 
to admit them as voters in Hawaii unless they had so far changed their views 
upon that subject as that they were willing to support a republic like the Gov-
ernment of the United States. That was the question in the case. That is how we 
disposed of it, and my impression is there are between eight and nine hundred 
who were said to have stood out and refused to recognize the Hawaiian 
republic by registering upon the voting list.
We wanted to confer citizenship upon those people. There were some very 
good reasons why it should not have been done, but we concluded that we 
would confer upon them citizenship, but we would put the qualification upon 
them of taking an oath to support the Government and Constitution of the 
United States before we would permit them to vote. I think that is reasonable 
and proper and all right.
Mr. HOAR. May I ask the Senator from Alabama one other question?
Mr. MORGAN.   Certainly.
Mr. HOAR. I suppose those Hawaiian people, then, who are to swear to 
support the Constitution of the United States are under that Constitution of the 
United States and it is applicable to them, in the judgment of the committee?
Mr. MORGAN. I do not think I caught the drift of the Senator's question.
Mr. HOAR. There has been a good deal of discussion in the Senate lately 
and elsewhere as to whether the Constitution of the United States is in force in 
regard to Territories and dependencies. Now, do I understand that, so far as 
the people of Hawaii are concerned, the committee hold that they are under the 
Constitution of the United States and that it is extended to them?
Mr. MORGAN.   Not only do the committee--
Mr. HOAR. It' the committee do not so understand it, of course the operation of 
an oath that the inhabitants shall support the Constitution of the United States 
would be out of the question.
Mr. MORGAN. That would be out of the question. I will in-form the Senator 
that the commission had not any question or doubt about that proposition at 
all; and more than that, the act of annexation, which is our guide, forced it upon 
us by saying--
Mr. HOAR.   I think the answer is complete.
Mr. MORGAN.   It says:
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.
Mr. FORAKER.   Will the Senator from Alabama allow me?
Mr. MORGAN.   Certainly.
Mr. FORAKER. The Senator from Massachusetts made one remark in reply 
to the answer to him to which I want to take exception, and that was that 
unless the Constitution is extended to the Hawaiian Islands, either ex proprio 
vigore or by this Congressional action, it would be inconsistent and 
incompetent to require the citizens or officials there to take an oath to support 
the Constitution of the United States. I will say to the Senator that if he will 
examine the organic laws that have been from

time to time enacted, he will find that, although the extension of the 
Constitution was withheld and the view obtained that the Constitution did 
not apply to the Territories, yet they did re-quire the officials to take an oath 
to support the Constitution of the United States.
Mr. HOAR. If I may be pardoned one word in reply, I will say that I do not 
believe the framers of the various provisions in regard to our Territories, or the 
men who voted for them in either House of Congress when such a provision 
was enacted, were of opinion that the Constitution did not extend to the 
Territories. I know the great authority on one side and on the other of these 
questions, especially Mr. Webster. It seems to me, with great deference to my 
honorable friend the Senator from Ohio, that an obligation imposed on a man to 
support with life and fortune and reputation and sacred honor, which are all 
involved in that oath, a Constitution in which he has no share and from, which 
he receives not the slightest benefits is an unjust and unreasonable exaction.
I do not wish, if I may say one thing further, to be understood in what I say 
as questioning the doctrine advocated, if I under-stood him correctly, by the 
Senator from Ohio yesterday. I am merely speaking of the injustice, accepting 
that that is true, if we do accept it as true, of putting on anybody such an 
Mr. FORAKER.   Mr. President--
Mr. MORGAN. I do not think I shall be able to conclude my speech in a 
week if I am interrupted all the time by every question that suggests itself to the 
mind of any Senator.
Mr. FORAKER. I wish to say one word only in reply to the Senator from 
Mr. MORGAN.   Very well.
Mr. FORAKER. I do not rise to make any argument or to advance any view or 
to support in any kind of controversial spirit any particular contention. I 
merely wish to say to the Senator that as a matter of fact the case is as I 
stated, that although the Constitution was not extended to the Territories, but was 
expressly withheld, they yet required in practice that thing, namely, the taking 
of an oath to support the Constitution of the United States.
Mr. HOAR.   I think that is an unfair and unjust practice.
Mr. FORAKER. However that may be, it remains for us to discuss it later. 
I am only calling attention to the fact.
Mr. MORGAN. So far as this bill is concerned, I think I can put it all at rest 
by reading section 5:
That, except as herein otherwise provided, the Constitution and all the 
laws of the United States locally applicable-
" Not locally inapplicable," I believe it is going to read-
shall have the same force and effect within the said Territory as 
elsewhere in the United States.
Mr. DAVIS.   Mr. President--
The PRESIDENT pro tempore. Does the Senator from Alabama yield to the 
Senator from Minnesota?
Mr. MORGAN. I will yield in a moment. Allow me to state another 
proposition which I wish to discuss to-morrow.
I hope we have settled the question about the Constitution of the United 
States in its application to this Territory. I have already shown that the 
Government of the United States, in the case of the Five Civilized Tribes, has 
permitted republics to grow up, separate governments, under constitutions 
republican in form, and no harm has come of it, but, on the contrary, a great 
deal of good.
I wish to state that to-day, under the act of Congress of annexation, the 
president of the republic of Hawaii is in his office executing all of the functions 
of the president of those islands except in connection with foreign relations. The 
customs are being collected by the Hawaiian authority. Taxes of every kind are 
being collected by the Hawaiian authority. The judiciary are under Hawaiian 
authority and under Hawaiian commissions, expounding the constitution and the 
laws of Hawaii, except so far as they conflict with those of the United States.
The President of the United States was consulted immediately after the 
commission arrived upon this question. It was understood that in the courts 
indictments would be demurred to or a motion to quash would be made on the 
ground that the constitution of Hawaii required all processes to run in the name of 
the republic of Hawaii, and inasmuch as the republic of Hawaii had ceased and 
had no longer the right to exercise its functions as such, and the country had 
become a part of the territory of the United States, that those motions could prevail 
and it would stop the administration of justice; there would be no indictments and 
no convictions. The question was raised in limine. It was the first question that 
came before the commission, and the President of the United States issued an 
order that the process in Hawaii should run in the name of the republic of 
Hawaii as was provided in its constitution; and from that time to this every 
function of government in the Hawaiian Islands has been exercised by the 
republic of Hawaii, so to-day, in the elasticity of our laws upon this question, we 
have a full-fledged republic, without having lost any of its powers, except its 
foreign relations, within the bosom of this

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