University of Hawaii at Manoa Library

Home: The Annexation Of Hawaii: A Collection Of Document

Hawaii Organic Act: Congressional debates on Hawaii Organic Act

[ Previous Page ] -- [ View PDF ] -- [ View in MS Word ] -- [ Next Page ]

The Clerk read as follows:
SEC. 84. That no person shall sit as a judge or juror in any case in which his 
relative by affinity or by consanguinity within the third decree is interested, 
either as a plaintiff or defendant, or in the issue of which the said judge or 
juror may have, either directly or through such relative, any pecuniary interest.     
Mr. KNOX.   I offer the amendment which I send to the Clerk's desk. 
The CHAIRMAN.   The gentleman from Massachusetts offers an 
amendment which the Clerk will report. The Clerk read as follows:
Page 88, section 84, line 21, add the following after the word "interest:" "No 
judge shall sit on an appeal or new trial in any case in which he may have given 
a previous judgment."
The amendment was agreed to. Mr. ROBINSON of Indiana.   I 
desire to call the attention of the chairman of the committee to the 
next section to be read, providing for impeachments.   In view of the 
fact that the House by a pronounced vote has provided that the 
President shall appoint the judges, I will ask the gentleman to give 
his attention to that paragraph, and will ask whether it should not be 
stricken out? The CHAIRMAN.   The Clerk will read. The Clerk read 
as follows:
SEC. 85. That the judges of the circuit court of the Territory shall be liable to 
removal from office on impeachment by the house of representatives upon any of 
the following grounds, namely: Any act or negligence involving moral 
turpitude punishable by law as an offense and committed while in office, 
incapacity for the due performance of official duty, or maladministration In office. 
The senate shall be a court with full and sole authority to hear and determine 
all impeachments made by the house of representatives. The chief justice of the 
supreme court shall be ex officio president of the senate in all cases of 
Impeachment. Previous to the trial of any impeachment the senators shall, 
respectively, be sworn truly and impartially to try and determine the charge in 
question according to law and the evidence. The judgment of the senate, in 
case of the conviction of the person impeached, shall not extend further than to 
removal from office and disqualification to hold any place of honor, trust, or 
profit under the government; but the person so convicted shall be, nevertheless, 
liable to indictment, trial, judgment, and punishment according to law.
Mr. KNOX.   I think, as the circuit judges are to be appointed by 
the President, that they should not be subject to impeachment by the 
local legislature.   I agree with what the gentleman says, and I 
move to strike out the section. The CHAIRMAN.   The gentleman 
from Massachusetts moves an amendment which the Clerk will 
report. The Clerk read as follows: Strike out all of section 85. Mr. COX.   
I should like to call my friend's attention to the fact that we may 
be acting too hastily.   We have conferred on the President the 
power to appoint the judges and the power to remove; but suppose a 
judge is guilty of misconduct and the President neither removes him 
nor takes any action in the case.   I think he ought to be impeached. 
Mr. ROBINSON of Indiana.   I would very much sooner trust it to 
the President than to the Territorial organization of the legislature; 
and it would not do to bring them into conflict upon that line. Mr. 
COX.   That is all right, if you want to take it out; but you will 
have a judge, if he runs with the President, that is in for all time. Mr. 
ROBINSON of Indiana.   This was provided so the appointment could 
not be made by the governor of the Territory, and it would be a 
check. Mr. KNOX.   I can not hear a word, Mr. Chairman. Mr. 
BELL.   I want to ask the chairman of the committee how you get 
rid of the circuit judge? Mr. KNOX.   He is appointed by the 
governor. Mr. BELL.   He is appointed by the President; not the 
district judge. Mr. KNOX   You mean the United, States district 
judge.   We have not come to that. Mr. BELL.   This is the judge of 
the Territory.   After the governor makes the appointment, can he 
withdraw him? Mr. ROBINSON of Indiana.   The circuit judges 
are not appointed by the President. Mr. BELL.   How can you get rid 
of them? Mr. KNOX.   The President can remove them. Mr. 
ROBINSON of Indiana.   It would not do to bring in conflict the 
legislature and the President. The CHAIRMAN.   The question is on 
agreeing to the amendment of the gentleman from Massachusetts. 
The question was taken, and the amendment was agreed to. The 
Clerk read as follows:
SEC. 86. That a Delegate to the House of Representatives of the United States, 
to serve during each Congress, shall be elected by the voters qualified to vote for 
members of the house of representatives of the legislature; such

Delegate shall possess the qualifications necessary for membership of the house 
of representatives of the legislature of Hawaii.   The times, places, and manner of 
holding elections shall be as fixed by law.   The person having the greatest number 
of votes shall be declared by the governor duly elected, and a certificate shall be 
given accordingly.   Every such Delegate shall have a seat in the House of 
Representatives, with the right of debate, but not of voting.
Mr. HILL.   Mr. Chairman, I offer an amendment. The Clerk read as 
Strike out. on page 89, from and including line 20 to and including line 9, on page 90, 
and insert the following:
"TERRITORIAL COMMISSIONER.                       .
"In lieu of a Territorial Delegate, the governor may nominate and, by and with the 
advice and consent of the senate of the said Territory of Hawaii, appoint a 
commissioner of said Territory, to reside at the capital of the United States, and 
to represent the interests of said Territory of Hawaii in its relations with the United 
States. Said commissioner shall, when appointed, be a citizen and bona fide resident 
of said Territory; his term of office shall be two years; his salary shall be $6,000 
per annum, which, with his actual, necessary traveling expenses in coming from 
said Territory and returning thereto, shall be paid by the United States."
Mr. HILL.   Mr. Chairman, I voted for the annexation of Hawaii.   
During that discussion a very remarkable speech was made by the 
gentleman from Missouri [Mr. CLARK] upon the annexation of Hawaii.   
I want to read a portion of that speech:
If we annex Hawaii and yon, Mr. Speaker, should preside here twenty years 
hence, it may be that you will have a polyglot House, and it will be your painful duty 
to recognize "the gentleman from Patagonia," "the gentleman from Cuba," "the 
gentleman from Santo Domingo," "the gentleman from Korea," " the gentleman 
from Hongkong."
And so on. I will not quote further from that remarkable speech, but the 
quotation which" I have now read, when it was uttered, was received 
with loud laughter and derision in this House; but it seems to me that 
the presentation of this bill, for a Delegate from a Territory with the 
small population of Hawaii, has made that speech partially fulfilled 
prophecy.   Now, I object to a Delegate from the Hawaiian Islands to 
the Congress of the United States. I object to it because since the 
adjournment of the last session of Congress on the 4th of March, after 
the most careful and intelligent inquiry, I have failed to find a citizen 
of the United States who believes in a political union with any of these 
insular possessions, with the right of representation in the American 
Congress at this time.   Therefore I move to strike it out; and I want to 
call the attention of the House to the successive steps that have been 
taken which have brought us to this position. It was not intended or 
expected by the Hawaiian people when annexation was asked for 
with the United States that it was to be a Territory of the United 
States; and when the measure was presented by the distinguished 
chairman of the Committee on Foreign Affairs, standing in the aisle 
near where he is now sitting, he made a most excellent address upon 
that subject; but he was asked by a gentleman on the other side of 
the House, "What form of government do you think will be 
recommended for the
Hawaiian Islands?"  And the gentleman made this reply:  "I am 
not prepared to answer that question; but in my judgement" ? I 
am not giving the exact language, but the substance ? "It should
be made a county of the State of California or Oregon."  It was
with such understanding and with such expectation that I voted 
for the annexation of Hawaii.  To-day's bill comes in here for a 
full-fledged Territory, asking for a right of representation by a 
Delegate in the American Congress. Mr. FITZGERALD of 
Massachusetts.   I would like to ask the gentleman a question. Mr. 
HILL.   I have but five minutes. The CHAIRMAN.   The gentleman 
declines to yield. Mr. HILL.   Now, I claim the people of Hawaii 
themselves did not expect, neither do they now, neither did they 
want nor do they want now. practically universal suffrage. Mr. 
MONDELL.   I would like to ask the gentleman where he got his 
information that they do not desire it? Mr. HILL.   The Hawaiian 
republic was organized as a protest against Kanaka rule.   I have the 
facts here before me. Mr. MONDELL.  What has that to do with this? 
Mr. HILL.   It was as a protest against Kanaka rule that Liliuokalani 
was deposed from the throne, and in order to control the Territory 
those who were looked upon as citizens of Hawaii at that time were 
compelled to enforce a restricted suffrage.   They did it.   I am not in 
favor of the property qualification under which that was done; but I am 
in favor of stopping Kanaka control over these islands, and opposed to 
voting to give a Kanaka representative a seat in the House of 
Representatives or a Kanaka representation in the House of 
Representatives of the American Congress. Now, I have said they were 
not in favor of it themselves.   Their own action is the best comment 
on this bill.   Their manner of controlling this was by making a 
property qualification.   The report of the Committee on Territories in 
the Fifty-fifth Congress says:
The amendment recommended in section 34, which prescribes the qualifications of 
members of the senate, strikes out the property qualification therein provided 
and makes the qualification that of an elector for members of the senate, which, by 
section 62, is the ownership of real estate of the value

Return to Top

Terms of Use  |  UH Mānoa  |  UH System  |  Ask Us
University of Hawai‘i at Mānoa Library  |  2550 McCarthy Mall  |  Honolulu, Hawaii 96822 USA
808-956-7214 (Reference)  |  808-956-7203 (Circulation)  |  808-956-7205 (Administration)
808-956-5968 (fax)  |