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Hawaii Organic Act: Congressional debates on Hawaii Organic Act

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Mr. MORGAN.   I will say to the Senator that we have extended 
the laws of the United States over Hawaii. 
Mr. ALLEN.   You have not extended the exclusion act over 
the Territory of Hawaii. 
Mr. MORGAN.   We have extended all the laws of the United 
States over Hawaii. 
Mr. ALLEN.   And yon have not extended the exclusion act to 
any other territory in our new possessions. 
Mr. MORGAN.   I beg the Senator's pardon.   He is wrong about 
it.   This bill extends all the laws of the United States over the 
Hawaiian Territory. 
Mr. ALLEN. . If that is true, Mr. President, why are not those 
laws enforced? 
Mr. SPOONER.   We have not yet extended them.   The bill 
has not yet been passed. 
Mr. ALLEN.   Yon ought to have extended them.   You have 
had possession of those islands now for pretty nearly two years. 
Mr. MORGAN.   They have been under the laws of the United 
Mr. ALLEN.   They have not been under the laws of the United 
States.   What laws of the United States have they been under? 
Mr. MORGAN.   By the act of annexation we continued in 
force the laws of Hawaii until Congress shall change them. 
Mr. ALLEN.   That is a singular reason - most singular. 
Mr. MORGAN.   It is no reason at all; it is a mere statement of 
a fact on the statute book. 
Mr. ALLEN.   A moment ago I understood the Senator to say 
that when we annexed those islands there were extended over 
them by their own force the laws of the United States. 
Mr. MORGAN.   I did not say that; but by this bill, when it is 
passed, those laws will be extended. 
Mr. ALLEN.   When we pass this bill the exclusion  act, so the 
Senator says, is to be extended over those islands. 
Mr. MORGAN.   Of course it is. 
Mr. ALLEN.   I fail to find any provision in the proposed law 
to that effect.   The Senator from Alabama may asseverate it if 
he sees fit, but there is a difference between the provisions of this 
bill and the ipse dixit of the Senator from Alabama, or of any other 
Senator, that it is in the bill by inference or expressly. 
Mr. CULLOM.   Section 6 provides: 
That the laws of Hawaii not inconsistent with the Constitution or laws of 
the United States or the provisions of this act shall continue in force.
Mr. ALLEN.   Those are the laws of Hawaii. 
Mr. CULLOM.   The section proceeds: 
Subject to repeal or amendment by the legislature of Hawaii or the Con- 
gress of the United States. 
Then sections provides: 
That, except as herein otherwise provided, the Constitution and all the laws 
of the United States not locally inapplicable shall have the same force and 
effect within the said Territory as elsewhere in the United States: Provided, 
That sections 1850 and 1890 of the Revised Statutes of the United States shall 
not apply to the Territory of Hawaii.
Mr. HOAR.   From what is the Senator reading? 
Mr. CULLOM. o Section 5, page 3. 
Mr. ALLEN.   There is another one of the mysteries of this 
bill - "not locally inapplicable." 
Mr. MORGAN.   That is in every Territorial act which has passed 
the Congress of the United States. 
Mr. ALLEN.   Suppose it is in every Territorial act in the United 
States, what does it mean? 
Mr. CULLOM.   What it says. 
Mr. ALLEN.   Who is to determine whether it is "locally ap-
plicable" or not?   Why, Mr. President, there is an unlimited field 
to guess in.   One man will declare a thing locally applicable which 
another man will declare inapplicable.   I believe that hidden be- 
neath that language is the purpose of making the exclusion act 
inapplicable to the islands of Hawaii. 
Mr. CULLOM.   Mr. President, the commission looked through 
the United States Revised Statutes and copied them, and also 
copied from the other Territorial acts. 
Mr. ALLEN.   There is altogether too much of that kind of work 
Mr. HOAR.   Will the Senator from Nebraska allow me to put 
him a question, or to make a suggestion, in line with and in sup- 
port of what he is saying? 
Mr. ALLEN.   Yes, sir; I will. 
Mr. HOAR.   I should like to have an explanation of what is 
meant by the language in section 5: 
Except as herein otherwise provided- 
That was an amendment put in by the Senate -
the Constitution and all the laws of the United States not locally Inappli- 
cable shall have the same force and effect within the said Territory as else- 
where in the United States.
That only extends to the laws of the United States except as 
"herein otherwise provided."   Then does not section 6 otherwise 
provide in regard to this very matter?   That section says:
That the laws of Hawaii not inconsistent with the Constitution or laws of 
the United States or the provisions of this act shall continue in force, subject

to repeal or amendment by the legislature of Hawaii or the Congress of the 
United States.                                      
Mr. SPOONER.   Will the Senator allow me to ask him a ques- 
Mr. HOAR.   Certainly. 
Mr. SPOONER.   Would not, under that language, any act of 
Hawaii which permitted contract labor and absolutely unlimited 
immigration be in conflict with our laws? 
Mr. HOAR.   That would present the question which I was just 
about to state when the Senator put his interrogatory to me. 
Does that mean inconsistent with the laws of the United States 
in their effect in the United States?   We have got a law of the 
United States now which does not extend to Hawaii.   That is 
clear.   The Hawaiian laws now existing are not inconsistent with 
the laws of the United States, because the United States has no 
laws extending to Hawaii, but they relate to different Territories. 
Let us see.   Would not section 6 maintain and preserve the 
Hawaiian law?   All of this can be made clear by a phrase, if it is 
necessary, because the meaning of the committee is undoubted. 
You have got, in other words, two systems of laws.   The United 
States laws extending to the United States, and the Hawaiian 
laws extending to Hawaii.   They are not inconsistent with each 
other, because they relate to different territorial spots on the 
earth's surface.   Is it, then, sufficient to abolish one of those by 
saying that the laws of the United States are now to have force 
and effect within that Territory "except as herein otherwise pro- 
vided?"   Then you have, in substance, herein otherwise provided 
that a particular Hawaiian law shall continue.   I am dealing with 
a very narrow question of phraseology; but it seems to me there 
is not any doubt about it. 
Mr. ALLEN.   Mr. President -- 
Mr. HOAR.   I beg the Senator's pardon, but my interruption 
was in support of what he was saying. 
Mr. ALLEN.   I am dealing with the general proposition that 
the ports of those islands are open to unrestricted and unlimited 
Mr. SPOONER.   Under this bill? 
Mr. ALLEN.   That they will be under this bill. 
Mr. CULLOM.   The Senator is entirely mistaken. 
Mr. ALLEN.   I may be mistaken, and, if so, it will not be the 
first time in my life I have been.   I hope I may be mistaken, but 
I do not want to see the character of citizenship of this country 
or any other territory that has become permanently a part of the 
United States debased.   I think I am liberal in my views on im- 
migration laws.   I am in favor of the most liberal laws for the 
reception of people of kindred tongues and races who come to our 
country and become a portion of our people - an assimilable class 
of people.   I believe this country was designed for that class of 
people, and from them, Mr. President, in the past we have re- 
ceived great aid.   The German, the Irishman, the Bohemian, the 
Englishman, the Scotchman, the Frenchman, the Swede, the 
Scandinavian, and all those kindred classes of people have added 
much to the wealth, the intelligence, and the glory of our country. 
But, Mr. President, we have gone out to the Sandwich Islands 
and have annexed to ourselves, inseparably I suppose, a class of 
people upon whom seems to rest the curse of God, and now we 
propose to use the Sandwich Islands as a stepping-stone or as a 
door giving entrance, and unrestricted entrance, to all classes of 
people of all nationalities to this country.   Senators may bicker 
and talk and chop logic on the question of the construction of this 
bill, but the fact remains - it remains patent to all people - that 
the Sandwich Islands are to be used as a doorway through which 
all classes of people, who may be alien to our institutions and hos- 
tile to a republican form of government, are to be admitted to 
debase our population and to demoralize our citizenship. 
I shall vote against this bill from top to bottom.   I shall not 
criticise it unnecessarily, I think.   I do not intend to do so, at 
least; but it is a slipshod affair.   To speak of it in respectful terms, 
it is crude, ungrammatical, not properly constructed in any re- 
spect, disjointed, not properly arranged; but nevertheless it is 
probably in keeping with the majority of bills that come before 
the Senate for final passage in those respects. 
But the thing I object to most of all, Mr. President, is the wild, 
unrestrained dream for power, to acquire somebody, to get hold 
of people who do not belong to us, whether they contaminate us 
or not.   Have we reached that period in the history of our coun- 
try that all of its glories and its sacred institutions must go down 
in dust that we may extend our commerce, as I heard the Senator 
from South Carolina [Mr. MCLAURIN] argue this afternoon?   The 
Constitution is a mere rope of sand.   So say some of these gentle- 
men, and the decisions of the Supreme Court construing the Con- 
stitution throughout the history of our nation have no force, ac- 
cording to their opinion.   The whole course of our nation, which 
has been to build up a strong domestic government and keep us 
free from alliances that will bring about nothing but contamina- 
tion and injury to the country, is to be abandoned, and we are to 
get some poor people, and the more helpless they are the more

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