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Hawaii Organic Act: Congressional debates on Hawaii Organic Act

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Mr. CULLOM.   I have just stated; but I will state it again, so 
that it may be understood.   
Section 4, as passed by the Senate, provided -
That all persons who were citizens of the republic of Hawaii on August 12. 
1898, are hereby declared to be citizens of the United States and citizens of 
the Territory of Hawaii.
The House amended it, and the conferees agreed to the amend- 
ment by adding this provision:
And all citizens of the United States who were resident in the Hawaiian 
Islands on or since August 12, 1898, and all citizens of the United States who 
shall hereafter reside in the Territory of Hawaii for one year shall be citi- 
zens of the Territory of Hawaii.
Mr. BACON.   Will the Senator right there permit me to ask a 
question for information? 
Mr. CULLOM.   Yes. 
Mr. BACON.   I desire to ask the Senator - I probably knew, 
but have forgotten the provision of the constitution of Hawaii on 
the subject - as to the extent of citizenship under the republic. 
Were all the inhabitants made citizens? 
Mr. CULLOM.   No, sir.   There are a class of citizens existing 
under the republic who declined to take the oath of allegiance. 
Mr. BACON. And they were in consequence not citizens? 
Mr. CULLOM.   They were in consequence not entitled to vote. 
Mr. BACON. . But were they citizens of the republic? 
Mr. CULLOM.   I suppose they might be regarded as citizens of 
the republic. 
Mr. BACON.   The Senator will see the pertinency of that in- 
quiry when that part of the section is taken in connection with 
the amendment to which the conferees have agreed, because if 
they were not citizens of Hawaii on August 12, 1898. they are not 
now under this bill made either citizens of the United States or 
citizens of the Territory of Hawaii. 
Mr. SPOONER.   And they could not become citizens of the 
United States except by naturalization, and I do not know that 
they could by naturalization under the existing law. 
Mr. BACON.   Yes. 
Mr. CULLOM.   I think the Senate will find that there is scarcely 
anybody over there who is not entitled to vote, except the Chinese 
and: Japanese. 
Mr. BACON.   The Senator will pardon me for interrupting 
him.   1 am not speaking of the right to vote.   A man can be a 
citizen and not have the right to vote,   I am speaking of whether 
or. not on the 12tb day of August, 1898, all the inhabitants were 
citizens, because those of them who were then not citizens are ex- 
cluded by this bill from being now made citizens.   I suggest to 
the Senator that is a matter of such vital importance that we 
ought to have definite and absolutely accurate knowledge upon it. 
It ought not to be a matter of doubt. 
Mr. TILLMAN.   Has the Senator from Illinois got the Hawaiian 
code before him at his desk? 
Mr. CULLOM.   I was just going to say that after I get through 
with my remarks, I will get the Hawaiian code and give the exact 
state of the case in reference to that question. 
Mr. TILLMAN.   If the Senator will send for it now, I can be 
looking it up whilst he is speaking. 
Mr. CULLOM.   I do not know whether or not it is in my com- 
mittee room.   It has been carried off, I think, but I shall look 
it up. 
The fifth section was changed by the conferees so that it might, 
be more certain that the Constitution of the United States was 
extended over the Territory by the act.   That is the chief purpose 
of the amendment to section 5 by the House of Representatives  
as agreed to by the conferees. 
Mr. BACON.   What I wanted to know was whether or not the 
Senator was prepared to say that, under the constitution of the 
republic of Hawaii, all residents, all bona fide inhabitants - I do 
not mean visitors, but those who are residents and bona fide in- 
habitants of the islands - were on that date, under the constitu- 
tion of the republic of Hawaii, citizens of the republic? 
Mr. CULLOM.   I understand the Senator's question, and I will 
state that later on I will get the statutes of the Hawaiian repub- 
lic and see exactly how they are in that respect. 
Mr. BACON.   I suppose the Senator desires that we should, as 
he takes these sections up, ask him such questions as may sug- 
gest themselves.   1 think we shall save time by following that 
Mr. CULLOM.   I have no objection to that. 
Sections 6, 7, 8, and 9 were not at all changed after the bill 
passed the Senate, but they remain in the bill just as it was 
Section 10 was amended by the House, but all the amendments 
made by the House were receded from except the last paragraph, 
which was added to the bill by the House and agreed to by the 
conferees.   The Senate will remember that the first line of section 
10 referred to obligations and contracts.   The Senate struck those 
words out, and then added a section or two with reference to the 
attitude of contract laborers over there, which was agreed upon

by the Senate, I think, as substantially if not absolutely right. 
Those sections remain in the bill exactly as they were, except that 
there was a provision added to the section to which I will call 
the attention of the Senate. 
The last paragraph of section 10 provides:
That the act approved February 28, 1886, "To prohibit the importation and 
migration of foreigners and aliens under contract or agreement to perform 
labor in the United States, its Territories, and the District of Columbia," and 
the acts amendatory thereof and supplemental thereto, be, and the same are 
hereby, extended to and made applicable to the Territory of Hawaii.
It was thought that that was not necessary to be in the bill, but 
it did not hurt anything and made it certain that the provision 
touching that subject would be recognized as applicable and in 
force in those islands.   So, with that addition to section 10, as the 
Senate passed it, the bill stands to-day as it is before the Senate 
in the conference report. 
Section 11, providing for the style of process, was amended by 
the conferees so as to insert the word "hereafter."   That is all 
that amounted to.   Some of us did not think it was necessary, but 
one of the conferees thought it was, and so the word was inserted. 
Sections 13, 14, 15, 16, and 17, as they passed the Senate, have 
not been changed. 
The eighteenth section, providing that every citizen entitled to 
vote shall take an oath to support the Constitution, was stricken 
out, and only that portion retained relating to idiots, insane per- 
sons, persons receiving bribes, etc. 
Mr. BACON.   That has been retained. 
Mr. CULLOM.   The latter clause in relation to idiots, insane 
persons, persons receiving bribes, etc., remains in the bill, but the 
first part of the section is stricken out. 
Mr. BACON.   I notice that the clause to which the Senator re- 
fers, beginning on page 11, at line 24, in the copy I have, is stricken 
through.   I understand that was stricken out in the House and 
has been restored by the conferees.   Is that so? 
Mr. CULLOM.   What clause is that? 
Mr. BACON.   On page 11 of the reprint, the last clause to which 
the Senator has just referred. 
Mr. CULLOM.   That which I read is retained. 
Mr. BACON.   It has a line stricken through it. 
Mr. CULLOM.   But it was reinstated by the conferees. 
Mr. BACON.   That was the question I asked. 
Mr. CULLOM.   Sections 19, 20, 21, 22, 23, and 24 were not in- 
terfered with by the House, and no changes were made in those 
sections as passed by the Senate. 
The twenty-fifth section was amended so as to punish persons for 
disorderly or contemptuous behavior in committee, as well as in 
the house of representatives, to which the conferees agreed; in 
other words, we inserted the House provision on that subject in- 
stead of the Senate provision, which seemed to be a little more 
satisfactory.   I do not think there was much difference in the two 
sections; but the Senate yielded on that score. 
There was no change made in the Senate bill in the twenty-sixth 
section, but in the twenty-seventh section the provision of the 
Senate was stricken out and in lieu of it the following was 
SEC. 27. That each house may punish its own members for disorderly be- 
havior or neglect of duty, by censure, or by a two-thirds rote suspend or 
expel a member.
That is the provision I referred to. 
There was no change made by the House or by the conferees in 
sections 28, 29, 30, 31, 32, and 33, and they remain in the bill as it 
was passed by the Senate. 
In the thirty-fourth section, relating to the qualifications of 
senators, an amendment was made requiring senators to have at- 
tained the age of 30 years instead of 25 years. 
There was no change made in sections 35 and 36.   In section 37, 
after the word "vacancies," the words "in the office of representa- 
tive" were inserted. 
Mr. BACON.   The Senator will pardon me a moment.  The 
Senator will recognize that section 34 may be very materially de- 
pendent for its construction upon the section to which I first 
called the attention of the Senator, which relates to the question 
as to whether or not all inhabitants were citizens on the 12th of 
August, 1898; because if it should be found to be. as has been 
suggested, that there was a large part of the then inhabitants not 
citizens, they would be made ineligible, of course, under this lan- 
guage inserted in section 34, to any office, because they could not 
Mr. CULLOM.   I was going to say that this section provides 
that a person, in order to be eligible to the office of senator, shall be 
a male citizen of the United States and shall have attained the age 
of 30 years, instead of 25 years, and- 
have resided in the Hawaiian Islands not less than three years, and shall 
be qualified to vote for senators in the district from which he is elected. 
Mr. BACON.   I understand; but I was simply calling the atten- 
tion of the Senator to the fact that it may be necessary to recur 
to that section if it is found necessary to amend section 34. 
Mr. CULLOM.   The purpose of the committees of both Houses

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