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 ]

4650
but two votes for the conference report, one of the conferees stat- 
ing that be could not vote for it himself.   Therefore the Senate 
conferees finally yielded on that question. 
Mr. TILLMAN.   I want the Senate to understand that we are 
making a difference in this Territory from any other Territory, by 
which the President is limited in the appointment of these im- 
portant officers to residents or citizens of Hawaii, whereas be can 
send into Arizona or New Mexico or Oklahoma or Alaska a citi- 
zen from outside.   I never could see the reason why this special 
favoritism should be given to the Hawaiians; but if the Senate is 
to support the conference report and the bill is to become a law 
with that provision in it I shall not resist it. 
Mr. CULLOM.   The Senator knows there has been a good deal 
of controversy upon the question whether the offices in a Territory 
should not be filled by persons living in the Territory. 
Mr. TILLMAN.   The only trouble is that we have just passed 
a bill for Porto Rico, in which we expressly provided fora large 
number of American citizens of this country to go down there to 
administer that government   I can not see why there should be 
this difference in the treatment of the two islands. 
Mr. CULLOM.   Mr. President, I do not know so much about 
the Porto Ricans as I do about the Hawaiians. 
Mr. FORAKER.   If the Senator will allow me --   
Mr. CULLOM.   In one moment.   I merely want to say that I 
am not as familiar with the people of Porto Rico as I am with the 
people of Hawaii and with the qualifications of the men of those 
islands.   I apprehend, however, there is considerable difference 
between the qualifications of a great many of the people in the 
Hawaiian Islands and those in Porto Rico.   That may be the rea- 
son for dealing with one in one way and with the other in another. 
It certainly, in my judgment, is not a reason why this conference 
report should be rejected, because I am satisfied the President 
can find just as good men in Hawaii as he can anywhere else; and 
if be finds that he can not, we can change this law later on. 
Mr. TILLMAN.   I am equally satisfied we can find just as 
good men in Porto Rico to run affairs in Porto Rico as we can 
find in the United States to send there to run them, but in view 
of my irrepressible and inherited objection to carpetbagism, I 
fought that idea in regard to Porto Rico, and I am glad to see 
that the gentlemen in charge of this proposition do not propose to 
have any carpetbaggers in Hawaii. 
Mr. FORAKER.   I understood the Senator from South Caro- 
lina [Mr. TILLMAN] to say we have just passed a bill in regard to 
Porto Rico requiring that appointees be made from citizens of the 
United States. 
Mr. TILLMAN.   No, sir; I did not.   But I said you did not 
protect the people of Porto Rico against the imposition upon 
them of appointees from here, as you do with the Hawaiians. 
Mr. FORAKER.   In so far as there is any provision at all on 
that subject that that could have reference to, it is that not less  
than so many shall be appointed from Porto Rico.   All may be 
appointed from Porto Rico if the President sees fit. 
Mr. TILLMAN.   But the very fact that you make the limita- 
tion indicates that you expect the other thing to happen; and it 
has happened and will continue to happen. 
Mr. FORAKER.   Possibly it may happen; but it does not nec- 
essarily so follow.   The President is at liberty to make all his 
appointments from the citizens of Porto Rico if he so desires, but 
I apprehend he will make some appointments from among the 
people of the United States. 
Mr. PLATT of Connecticut   I will ask the Senator from Illinois 
if he will not read that clause with reference to the appointment 
of citizens to office as it will stand in the bill, if it is no trouble to 
him to do so. 
Mr. CULLOM.   It occurs in two or three places.   For instance, 
in the clause providing for the appointment of a governor, the 
language is: 
Ho shall not be less than 35 yean of age; shall be a citizen of the Territory 
of Hawaii; shall be commander in chief of the militia thereof, etc.
There is a similar provision as to citizenship in reference to the 
secretary of state and the supreme and circuit judges of the Ter- 
ritory; but it does not apply to the Federal judge, the marshal, or 
the district attorney. 
Mr. PLATT of Connecticut   By whom are the other officers to 
be confirmed - the Senate of the United States? 
Mr. CULLOM.   The President appoints the governor, the su- 
premo judges, and the circuit judges.   They are all nominated by 
the President and confirmed by the Senate. 
Mr. PLATT of Connecticut.   Of the United States? 
Mr. CULLOM.   Of the United States. 
Mr. PLATT of Connecticut.   Mr. President, I know it is useless 
to attempt in the Senate to defeat this conference report on account 
of these provisions which have been assented to by the conferees, but 
I wish to enter my protest against that portion of the report which 
takes away from the President of the United States the right to 
appoint officers from the entire United States, excepting Hawaii, 
if that be in the United States, as I suppose it is brought in by 
this bill.

Mr. CULLOM.   It will certainly be in the United States when 
this bill becomes a law, if language in a statute can bring it in. 
Mr. PLATT of Connecticut.   I think it is a question open to 
very serious constitutional doubt   I remember to have heard an 
argument made by a former colleague of the Senator, Senator 
Palmer, upon the subject of the right of Congress to limit the 
power of the President to appoint officers.   It made a very great 
impression upon me, and from that time I have doubted whether 
it was in the power of Congress so to limit the President in his 
appointing power. 
But whether that be so or not, I believe it extremely bad policy 
in every way in which it can be viewed.   It does not at all answer 
the objections to it to say that there are good men in Hawaii to 
fill the offices.   I have no doubt that is true; but there are good 
men elsewhere.   There can be no reason in our system of govern- 
ment for excluding from the right to appointment in a Territory 
by the President all the people of the United States except those 
who live in the Territory. 
As I have said, I have no idea that I can defeat this conference 
report but I am not willing that this portion of it shall go with- 
out my earnest protest. 
Mr. PETT1GHE W.   Mr. President, I have always believed that 
the officers of the Territories should be selected from the citizens 
thereof, but there is certainly less reason why this rule should 
apply to Hawaii than to any other Territory of the United States. 
There is there an exceedingly small group of people to select 
from, a very few Americans or people of American descent, and 
none have gone to Hawaii to make it their home since the annex- 
ation of that country.   But, on the contrary, there has been added 
to the population over 30,000 contract laborers. 
The group of Americans in Hawaii number about 3,000 people 
of American descent.   Of that number about 2,000 are males of 
all ages, and from this group are to be selected the officers of that 
Territory.   These are the men who have enacted contract or slave 
labor laws for Hawaii.   These are the men who, in establishing 
the republic, limited the suffrage to people who are large property 
owners, and thus reduced the number of people who could vote 
under the monarchy from 14,000 to about 2,600.   These are the men 
who enacted a law that if a man did not pay bis taxes he could be 
imprisoned at hard labor until he earned enough at 50 cents a day 
to pay the indebtedness, and from this group of men are to be 
selected the officers of that Territory. 
For judges we are to select from the two lawyers of Hawaii. 
Those lawyers, who are now on the bench and who under this law 
will be continued as the judicial officers of that Territory, are the 
men who decided that a contract for slave labor was a civil con- 
tract, and that for breach of that contract by one of the victims 
he could be imprisoned for life if he would not consent to go back 
and perform the slave service under the provisions of his contract, 
and that the Constitution of the United States was not in force in 
Hawaii.   An exception is made, then, for the purpose of perpetu- 
ating, of continuing in office the men who have done these things. 
That is all 1 care to say about that branch of the subject 
But there is another provision in this conference report to which 
I object, and that is the provision giving an American registry to 
four ships. 
Mr. CULLOM:   Five ships. 
Mr. PETTIGREW.   Well, five ships.   Before Hawaii was an- 
nexed several vessels were admitted to Hawaiian registry because 
the owners of the vessels believed that the islands would be an- 
nexed and that they would then obtain an American register. 
When we annexed the islands there is no doubt those vessels re- 
ceived an American register.   But after we annexed the islands 
they continued the practice of issuing Hawaiian registers, and 
they issued registers to seven vessels.   This was an unlawful act 
There was no authority for it; they had no right to do it   Com- 
plaint was made to the President of the United States, and the 
practice ceased, although nine other vessels had applied for Ha- 
waiian registers.   The Attorney-General of the United States 
decided that it was unlawful to issue these registers; that it could 
not be done, and therefore the President issued orders that the 
laws of Hawaii should be suspended, and no more registers be 
granted. 
In view of the fact that the Constitution of the United, States 
and the laws of the United States will only apply to Hawaii after 
this bill becomes a law and goes into effect, which will be forty- 
five days from now, I wonder where the President got his authority 
to legislate for Hawaii and to repeal the laws of Hawaii?   Cer- 
tainly not under the provision that he shall execute the laws of 
the United States or the Constitution of the United States.   If 
the theory of the imperialists in this body is correct, he did not 
get it under the war-making power, for we did not conquer Ha- 
waii; we bought it; we annexed it; we absorbed it under an 
agreement not ratified or consented to by the people of Hawaii, 
but under an agreement made with those men who, with the as- 
sistance of our naval force, had overthrown the lawful govern- 
ment of Hawaii. 
I ask, where does the President get his authority to issue an

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)  |  library@hawaii.edu