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HomeMy WebLinkAboutCommunication 19.2 from Dwight Vicente re Resident Population A Proceedings of the CONSTITUTIONAL CONVENTION OF HAWAII 1950 Volume I JOURNAL AND DOCUMENTS Published under the supervision of the ATTORNEY GENERAL'S OFFICE and the PUBLIC ARCHIVES State of Hawaii HONOLULU,HAWAII 1960 COMM. 19.2 x Delegates and Committees CONVENTION OFFICERS President . . . . . . . . . . . . . . Samuel Wilder King Vice-President . . . . . . . . . . Arthur D. Woolaway Vice-President . . . . . . . . . . . . . Hiram L. Fong Vice-President . . . . . . . . . . . . Charles A. Rice Vice-President . . . . . . . . Thomas T. Sakakihara Secretary . . . . . . . . . . . . . . . . . Hebden Porteus ELECTED STAFF Chief Clerk . . . . . . . . . . . . Mrs. Ellen D. Smythe Sergeant-at-Arms . . . . . . . . Charles J. Brenham Assistant Clerk . . . . . Mrs. Ethel C. Chillingworth Sergeant-at-Arms . . . . . . . . . . . H. F. Kuhlman Chaplain . . . . . . . . . . . . . . . Rev. Henry P. Judd DELEGATES TO THE CONVENTION Numbers and letters preceding delegates' names indicate position in photographs. FIRST REPRESENTATIVE DISTRICT: 54. Nils P. Larsen, Honolulu, Oahu 14. Herbert K. H. Lee, Honolulu, Oahu 4. Nelson Kyoshi Doi, Hilo, Hawaii B. W. Harold Loper, Honolulu, Oahu 15. Teruo Ihara, Honokaa, Hawaii D. John R. Phillips, Honolulu, Oahu C. Frank C. Luiz, Papaikou, Hawaii E. Hebden Porteus, Honolulu, Oahu 27. Richard J. Lyman, Jr., Pahoa, Hawaii 47. Harold S. Roberts, Honolulu, Oahu 1. Tom T. Okino, Hilo, Hawaii 55. C. Nils Tavares, Honolulu, Oahu 6. Thomas T. Sakakihara, Hilo, Hawaii 33. Henry A. White, Honolulu, Oahu 8. James Kiyoji Yamamoto, Hilo, Hawaii 14. Benjamin O. Wist, Honolulu, Oahu 38. Takao Yamauchi, Hilo, Hawaii SECOND REPRESENTATIVE DISTRICT: FIFTH REPRESENTATIVE DISTRICT: 28. Peter Kawahara, Holualoa, Hawaii 21. Trude M. Akau, Honolulu, Oahu 52. Earl A. Nielsen, Kealakekua, Hawaii 48. Edward C. Bryan, Ewa, Oahu 57. Sakuichi Sakai, Kohala, Hawaii 53. George Dawson, Waianae, Oahu F_Charles H. Silva, Kohala, Hawaii 51. Hiram L. Fong, Honolulu, Hawaii 34. Yasutaka Fukushima, Wahiawa, Oahu THIRD REPRESENTATIVE DISTRICT: 43. James F. Gilliland, Honolulu, Oahu A. Marguerite K. Ashford, Kaunakakai, Molokai 50. Edward B. Holroyde, Kahuku, Oahu 3. J. Pia Lockett, Wailuku, Maui 7. Frank Y. Kam, Honolulu, Hawaii 36. Kazuo Kage, Wailuku, Maui 13. Masao Kanemaru, Wahiawa, Oahu 20. Harold T. Kido, Lahaina, Maui 45. Charles E. Kauhane, Honolulu, Oahu 40. Harold W. Rice, Wailuku, Maui 5. Samuel Wilder King, Honolulu, Oahu 16. W. O. Smith, Puunene, Maui 18. Chuck Mau, Honolulu, Oahu 30. Richard St. Sure, Paia, Maui 2. Steere G. Noda, Honolulu, Oahu 32. Cable A. Wirtz, Wailuku, Maui 31. Frederick Ohrt, Honolulu, Oahu 35. Arthur D. Woolaway, Puunene, Maui 44. Herbert M. Richards, Honolulu, Oahu 42. Clarence Y. Shimamura, Waialua, Oahu FOURTH REPRESENTATIVE DISTRICT: 41. Arthur K. Trask, Honolulu, Oahu 34. J. Garner Anthony, Honolulu, Oahu 11. James K. Trask, Honolulu, Oahu 49. Samuel K. Apoliona, Jr., Honolulu, Oahu SIXTH REPRESENTATIVE DISTRICT: 23. Alexander H. F. Castro, Honolulu, Oahu 46. Ann H. Corbett, Honolulu, Oahu 10. Matsuki Arashiro, Kalaheo, Kauai 29. Flora Kaai Hayes, Honolulu, Oahu 56. Randolph Crossley, Kapaa, Kauai 25. William H. Heen, Honolulu, Oahu 12. H. S. Kawakami, Waimea, Kauai 24. Elizabeth R. Kellerman, Honolulu, Oahu 26. Jack H. Mizuha, Koloa, Kauai 22. Katsumi Kometani, Honolulu, Oahu 17. Charles A. Rice, Lihue, Kauai 9. John K. Lai, Honolulu, Oahu 37. Toshio Serizawa, Lihue, Kauai xiv 9 5 • GOVERNOR'S MESSAGE NO. 1 361 his seat be declared vacant, and the Governor be re- Alexander Castro Tom T. Okino quested to fill the vacancy in the manner provided by law. Frank C. Luiz Harold S. Roberts —April 18, 1950 Chuck Mau Arthur K. Trask Benjamin O. Wist, J. Garner Anthony Frederick Ohrt Arthur D. Woolaway Chairman Marguerite K. Ashford S. Governor's Messages GOVERNOR'S MESSAGE NO. 1 The people of Hawaii have shown skill and ability in local self-government. For more than one hundred years I wish to welcome the members of this Convention and Hawaii has had constitutional government and for approxi- assure you that I will be only too glad to assist you in any mately 50 years the Territory has had complete local self- way within my power. government except for the appointment of the Governor, Today is a momentous day in the history of Hawaii,a the Secretary, and the Judges. The Legislature has exer- day looked forward to by the people of Hawaii since the cised general legislative power, subject only to the restric- Newlands Resolution of 1898 which effected the admission tions of the Organic Act and the United States Constitution. of Hawaii to the United States. The Newlands Resolution The Territory is a modern unit with an economic, social contemplated an Organic Act which would complete the in- and political status of the highest order. It is and has been corporation of Hawaii as an integral part of the United States, for many years entirely self-supporting,paying all the ex- This was enacted in April 1900 and under it Hawaii resem- penses of the Territory and County governments except the bles in every respect the territories created in continental salaries of the legislators and those officers appointed by United States by the Northwest Ordinance of 1787 and other the President. acts setting up territorial governments as a preliminary to The people have shown a keen interest in public affairs statehood. with a larger percentage of registered voters voting in By the Organic Act of 1900 giving Hawaii territorial elections than in any state in the Union. status,Congress then and there commited the United States As long ago as 1937 a congressional committee found to the ultimate granting of statehood to Hawaii. A long line that`Hawaii has fulfilled every requirement for statehood of decisions of the United States Supreme Court sets out heretofore exacted of territories'but recommended a `the ephemeral nature of a territorial government' and plebescite of the voters be held. Such a plebescite was held statehood as the ultimate destiny of a territory. Mr. Justice in 1940 with two-thirds of the votes for statehood. White, in Downs v. Biddle, said`Since the constitution pro- In December 1941 came the outbreak of World War H vides for the admission by Congress of new states, it pro- with an attack on Hawaii. The Territory had set up a full perly may be said that the outlying continental public domain, scale organization for civilian defense which went into of which the United States was the proprietor, was, from the immediate action on December 7th. In less than two hours beginning, destined for admission as a state or states into after the attack, civilian first-aid units, well equipped and the Union; that as a preliminary step towards that afore- well staffed, were in active service. The Civilian Defense ordained end—to tide over the period of ineligibility—Con- also had on hand a blood bank which saved the lives of gress, from time to time,created territorial governments, hundreds of our wounded soldiers and sailors. the existence of which was necessarily limited to the period The record of Hawaii throughout the dark days that fol- of pupilage.' Again, this same court has pointed out"a lowed December 7th bespeaks the loyalty,fortitude and territory under the constitution and laws of the United States energy of its people. When the history of that period is is an inchoate state.' written the activities of the civilian volunteers, men and During the 50 years that Hawaii has been a part of the women, will be a record of which Hawaii may be justly proud. United States, 50 years of pupilage, Hawaii has increased and Our citizens of every race and every color also served in developed in wealth and in population so that under the last the armed services,Army, Navy and Marine Corps, in the census it exceeded four states in population,was comparable Merchant Marine, and in war work of every kind and de- to four other states,and had an assessed value in property scription. The roll of Hawaii's honored dead throughout the greater than any state at the time of admission, with the ex- word is proof positive of the loyalty of Hawaii's sons and ception of Oklahoma, their patriotism was not measured by the color of their I need not review for you Hawaii's economic development skin. Our populations tested by the fire of battle and the but in addition to its economic development Hawaii is in trials of war,both at home and abroad, were not found want- every respect a modern community, maintaining a high ing. standard in government service. It has a high standard of The war threw more light upon the loyalty and patriotism health and for a number of years has had a lower death rate of our population than the many preceding years of peace, than any state in the Union. The maternal mortality rate and settled for all time a question that had been the cause of has been less than that of the average mainland state for the concern to many sincere democratic citizens who honestly last seven years; it is continuing to decline. Our schools questioned whether children of non-Caucasian parents, of are well equipped and well attended; our teachers are far alien cultures, of alien religions, of many races, could be better paid than the average teachers in mainland United truly knit by a common idealism into a nation. The situation States schools. Hawaii has progressive labor laws and a here had no precedent in the older states where the alien well-organized Department of Labor. It has an apprentice- population in such states had the same religions,customs, ship program,a child labor law, a minimum wage and maxi- habits and ways of thinking, more or less common with that mum hours work law, and workmen's compensation laws, of its citizens. No state had had to absorb and deal with a 362 JOURNAL DOCUMENTS large group of Asiatic aliens who could not be naturalized enactments however desirable you may consider such legis- under our existing laws and whose very religions in many lation. cases were foreign and strange to us. However, during the In conclusion,I wish to read a radio (message) to you years preceding the war there had been tremendous changes from the Secretary of the Interior; in our population since annexation, changes climaxed by the Please extend to the presiding officer and members war. Our public schools, our boy and girl scout organizations, of the Constitutional Convention meeting on April Four and all of our free and democratic institutions had been the greetings and cordial good wishes of the Interior r gradually but efficiently Americanizing each of the coming De- generations. Hawaii proved to be truly a melting pot with partment and the Administration as they undertake the important task for which they have been chosen. The much more than a third of its marriages inter-racial. This very high caliber and often demonstrated interest in is especially conspicuous among the Japanese for, at the time of annexation, marriage among the Japanese people public affairs of the elected delegates is a guarantee that the results of their labors will be a constitution outside of their own race was unheard of; in the meantime our percentage of citizenship population had increased from fully responsive to the needs of Hawaii and fully within less than 40% to more than 85% and, as stated,the war re- the great traditions of American Democracy. Such a moved all doubt of the thorough Americanization of our peo- Constitution will be the indispensable basis of the Gov- plea of all races. In this connection I call to your attention ernment of the new State of Hawaii which I am hopeful that Hawaii not only furnished its quota under selective will be approved by the present Congress and will be service,but by voluntary enlistment it raised a battalion of convincing evidence to the American people and the infantry among those of Japanese descent which finished the World that Hawaii is a mature and responsible member war with an outstanding record and was one of, if not the of the great American partnership of self-governing democratic communities. most, decorated units of the American Army. Suggestions from certain individuals from time to time to place the Territory of Hawaii under naval or military control or some form of commission government calls to GOVERNOR'S MESSAGE NO. 2 our attention that our existing rights of local self-govern- ment can be secured only by statehood as under a territori- Territory of Hawaii al status Congress may modify or completely repeal the Executive Chambers Territorial Organic Act. Honolulu Equally important with making secure the existing rights of local self-government is a representation in national af- April 12, 1950 fairs. With merely a voice in the House of Representatives, Hawaii State Constitutional Convention and neither voice nor vote in the Senate, it is difficult to se- Samuel Wilder King, President cure due consideration and prevent discrimination against Honolulu, Hawaii us in national legislation. Thousands of young men of these You are hereby notified that,pursuant to the power vested Islands were drafted during World War H though neither they nor their parents had any voice in the passage of the in me by Section 2 of Act 334, Session Laws of Hawaii 1949, draft act, nor vote in the declaration of war which sent them I have this day appointed John R.Phillips who is an elector into battle, of the Combination of Precincts 11, 15, 16, 17, 18, 24 and 32, Fourth Representative District, to fill the vacancy The citizens of Hawaii pay Federal taxes on exactly the caused by the resignation of Mr.Richard M. Kageyama. same basis as do the citizens of a state,yet they have no vote either in the levying of the taxes or in the disbursing of the Sincerely yours, revenues. These conditions are contrary to traditional INGRAM M. STAINBACK American principles. No taxation without representation, Governor of Hawaii no government without the consent of the governed, are axioms as much alive and as important to the people of Ha- waii today as they were to the Revolutionary fathers who first gave them utterance, and these principles are particu- GOVERNOR'S MESSAGE NO. 3 larly applicable when we remember that the overwhelming mass of the residents of Hawaii are citizens of the United Territory of Hawaii States, citizens whose loyalty, patriotism and ability in Executive Chambers self-government cannot be questioned. Honolulu As previously stated, a territorial government is a trans- April 21, 1950 itory one, tolerable for a reasonable period but should be endured no longer than is necessary to show that the people Honorable Samuel Wilder King of the Territory are loyal citizens of the United States and President,Constitutional Convention capable of self-government. That time has come. The House of Hawaii of 1950 of Representatives has so decided,the President of the Honolulu Armory United States and the Secretary of the Interior have endorsed Honolulu, T. H. statehood for Hawaii, the Legislature of Hawaii has petitioned Dear Mr. King: for statehood, the people of Hawaii have voted for statehood, and now your actions here will largely determine whether This will acknowledge receipt of your letter of April 20, statehood will be granted now or be further delayed. I have 1950 addressed to the Governor, in which you advise him every confidence that you will meet this test and prepare that a vacancy exists in the membership of the Hawaii Con- for Hawaii a constitution of which we may be justly proud; Etitutional Convention because of the disqualification and and, if I may add one word of advice, make it truly a frame- subsequent expulsion by the Convention of Delegate Frank work for government and do not clutter it up with legislative G. Silva who represented Precinct Combination BB (Pre- a THE HAWAIIAN REPUBLIC (1894-98) AND ITS STRUGGLE TO WIN ANNEXATION BY WILLIAM ADAM Russ, JR. Professor of History Susquehanna University SUSQUEHANNA jJNIVERSITY PRESS SELINSGROVE, PENNSYLVANIA 1961 i 20 The Hawaiian Republic (1894-98) Es.ablishi papers to residents who,did not wish to give up their original to tale official notice of the n allegiance. Damon and Hartwell, however, believed that such a member of the Advisory C large groups of inhabitants as the Chinese and Japanese ought to the national groups that took have some way of making their desires heard. Armstrong likewise a ese. The_4dvertiser maintai thought they were "too important to be left to themselves [and] not naturalize a foreigner," a they will be heard in some way." Robertson disagreed: "Asiatic,, sure. Upon inquiry from the must be shut out; [the] convention will shut them out; (it] must Council said that the oath wa be done." Thurston suggested referring the matter to a committee, would not deprive the Portug which at once proceeded to wi estle with the question. Then the Government."* Consequently, problem of the Portuguese came-up. Thurston wanted them to be informed the Councils that tl enfranchised becafuse they had supported the Provisional Govern- delegates to the convention,wi meat, and Hartwell thought that a government which excluded they were not abjuring their them would be"beneath contempt." McStocker, hc:weve*_-, said they The decision that the oath r were ignorant and dangerous. Alexander answered: "I believe in questionable, considering the the Portuguese. Their Consul has stood by us." Thurston summed true allegiance to the Provisi up his feelings about who should vote in the following way: "We many Americans were not sari made a failure in 1887—We tried to do with low grade voters. Lion of Americans because the Boards will be too lenient in examination, instead of being too ship if they accepted the oat: strict. We should fix the qualifications high."'r' an American national who su * * * * * acceptance of such an oath u During this time, registration and elections were taking place. citizenship, because the Unite All loyal supporters of the Provisional Gevernment were registered allegiance." Annexationists w if they showed their loyalty by taking the following oath: because it cut down the numb The oath also aroused the F I, ___--------- -___,, aged, ---years, a native of declaring that a Kanaka mt residing at _, in said District, do sot- Starve!", called registration ` emnly swear in the presence of Almighty God, that I will letix divested itself of some support and bear true allegiance to the Provisional Gov- ernment of the Hawaiian Islands, and will oppose any g attempt to reestablish monarchical government in any themselves, then they electe, form in the Hawaiian Islands.9° eighteen.'" In a meeting of The oath thus required caused no little difficulty Because there .minutes of the Executive Cou were so many noncitizens in the islands. For instance, what was 'Ppril 26, 1994, W&E, April 12,1894- the meaning of the Nord "oppose" in `he oath?" So widespread 'Minutes of the Executive Cou was the objection to the wording that the Executive Council had 'F.AC, April 25, 1894. Ex. Doe. 89 (53 Cong. Minutes of the Executive Council, May 15, 1894. Hitch, April 28, 1894, M&.E. 'Enclosed in Willis to Gresham, No- 47, April 5, 1894, Despatches; "Advertiser, May 12, 1894. Printed in Sen. Ex. Doc. 85 (53 Cong. 2 Sess.). 'April 3 and 23, I894. Geo. C. Potter to J. A. Palmer, March 19, 1894, President's Files. 'April 9, 1894. X4-98) Establishing the Republic 21 to give up their original to take official notice of the matter, particularly when Emmeluth, ever, believed that such a member of the Advisory Council, refused to register.112 One of :se and Japanese ought to the national groups that took a diffident attitude was the Portu- ieard. Armstrong likewise guese. The Advertiser maintained that subscribing to the oath did left to themselves [and] not naturalize a foreigner," and vet the Portuguese wanted to be ,tson disagreed: "Asiatics sure. Upon inquiry from the Portuguese League, the Executive shut them out; [it] must Council said that the oath was not an oath of naturalization, and the matter to a committee, would not deprive the Portuguese of the protection of their own h the question. Then the Government.84 Consequently, the Portuguese at a mass meeting urston wanted them to be informed the Councils that they would take the oath to vote for d the Provisional Govern- delegates to the convention, with the understanding that in so doing vernment which excluded they were not abjuring their Portuguese citizenship.85 )Locker, however, said they The decision that the oath did not naturalize the taker was very :r answered: "I believe in questionable, considering the fact that it included the words "bear by us." Thurston summed true allegiance to the Provisional Government." For that reason a the following way: "We many Americans were not satisfied. Willis reported a thin registra- do with low grade voters, tion of Americans because they were afraid of losing their citizen- Lion, instead of being too ship if they accepted the oath. He asked Gresham the status of high."79 an American national who subscribed to it. Gresham replied that * acceptance of such an oath would cause an American to lose his ections were taking place. citizenship, because the United States did not believe in perpetual ievernment were registered allegiance.8' Anne xationists were of course critical of this ruling the following oath: because it cut down the number of desirable voters." The oath also aroused the Royalists. The native sheet, Holomua, years, a native of declaring that a Kanaka must "Register as a P.G. Voter, or i said District, do sol- Starve!", called registration "The Mammoth Fraud."Be The Bul- a ghty God, that I will letin divested itself of some "Registry reflections" as follows: the Provisional Gov- "This is constitutional government! First, the thirteen elected and will oppose any themselves, then they elected the electors, and then elect the d government in any eighteen.""' In a meeting on April 9, between two and three Lie difficulty because there "Minutes of the Executive Council, April 2, 1894; Thurston to Hastings, April 26, 1894, M&E. Is. For instance, what was 'April 12, 1894. the oath?B1 So widespread `Minutes of the Executive Council, April 16, 1894. the Executive Council had 'EAC, April 25, 1894, 'Sen. Ex. Doc. 85 (53 Cong. 2 Sess.) ; and enclosures in Hastings to l5, 1894. Hatch, April 28, 1894, M&E. 7, April 5, 1894, Despatches; "Advertiser, May 12, 1894. 3s) 'April 3 and 23, 1894. 'April 9, 1894. 19, 1894, President's Files. '12 The Hawaiian Repahtie (r8y4-98) thousand r4 the Queen's adherents passed a resolution refusing to swear to sucli an obligation as was implied in the oath;furthermore, thev resolved that the Provisional Government was deliberately trying to disfranchise tite natives, because the prescribed oath would prevent them from remaining"loyal to the total of goverl- ishent here existing from time inuncun>rial."°0 This attitude of the hanakas was in part to be explained by the hope that the United Stares Congress would in some way help them. Said Charles T. Wider to fla,tings: "",'flat are the chances for time Morgan Re- port to be acted upon, the adoption of that report by the senate would heap our side wonderfully, as it is the natives are holding off from registering,still claiming that restoration will take place, pointing to the vote of the House to back tip their argument.""' About 1,500 persons registered in Honolulu a,very few were natives, however, because the K_anakas were told, as Admiral Walker heard, that if the Queen ever won restoration,they would be proscribed for taking all oath to the Provisional Government- "Foreign influence has undoubtedly encouraged this belief and apprehension,."Walker pointed out,on the other hand,that loyalty to flit, monarchy was largely a matter of self-interest,and that if the United States would come out openly in a clear-cut statement against intervention in Hawaiian politics,trouble world soon cease. ]lr,pe Fur a resmration was becoming less marked every day;and besides, the natives lacked leadersbip." It spun became evident that the franchise question would he the �Enciosure in Willis to Gresham, Nn_ 51, April 14, 1894, Despatdw,; p,imcd in Srn Es, Du, 9, (53 C.ong.2 Scss.), The Ad—ii.rzr, Apnt 1[), 1894, willed the melting a i-le. "f1'ildcr to flasiogs, April 18, 1894, M&E. "file Itouolulu rcgioration was 1,507, or 1,243 fewer than in the last election for Representatives. TI-e were 185 natives and half-castes; 101 foreigners horn in )Iawaii; 390 Americans; 195 from Great Britain and its c.d onie+; 130 i,c naos; 418 Yortuguese; and 98 others.The Bu!lztin, April 23,1894,mauhta,n 1 that these figures proved the existence of a large amount of t,ppogm,r, among the natives and Yortuguese. Wailer ru Seucta,y c the Navy, April 28, 1894, No. 49704, Bureau of Nav ation.Walker,wl,o had must arrived,said iu the sanm dest+at,h that the ill leelinq which had c ml,d he,erofine 1,ad died down. "I have tune in coetact with ail classes of society and if Um recent events have lelt pnsnna( animosities till are not rei,iily perceptible. Royalists and suppuhters or the Provlsioual Government appear to be an pleasant personal terms." Fstabtishing the Republic q most difficult problem the constitutional Convention had lit fay< There were three phases to it: (I) the Aneiican, whereby n., tionals of the United States refused to endanger their citizenship, (2) the native, whereby great numbers of Kanakae wuuhl o,r swear away their changes of regaining monarchical government and (3) the Uriemtal, whereby the large Japanese section ill il,, population demanded the vote The last was the must disnnbing This fact was well explained by Admiral V'yeller, who, m his first important despatch to Herbert, reported that, situ:c t,h-- arrival on April 12,he had talked with many persums m oide, i • reach some couclusions on the political situation. lie cite u, is,,. chief ones; that the Provisional Government was frstly estai, lishrd because it was forcing the observulce of law alit] orde, and that there was considerable concern regarding the wisdirm r,l disfranchising the Japanese "Many persons here both in and 'rho of the government think the japanese a possible source of futri, danger.", Art earlier droi—d of Japan that itc people in Hawaii be grairn_-i political rights was discussed towatd rte end of Chapter IV ,n The Hawaiian Revolution (r8g;-p:l j. Thereafter the subject ar,n frequently, Fur example,`I-hurstun lied alt audience with ritesh.a on January 25, 1894, to tell about the japanese nseuac1. 111" were, he. said, asking sntflage acct is% to the equal-righ, glause of the japanese lillwaiian treat._ If refused, no non• Japanese would be permitted to go to Hawaii and those ahe.,,l� there would be rrcailed.That eventuality,he declared,could be ua fortunate Lot the sugar planters be,.ame their labor supphy r, be entlangercd.When he said he was not uppusmg the grauGnt the vote to the natives, Gresham, eve, the lawyer, interlKhsr,; remind Thurston that his ideas had changed;for in a ftnnhr. terview Thuratorr asserted he waoterl uo ignorant vote whalevri Fhe Hawaiian Monster replied that he would allow iguoraw natives to vote only for members of the lower house. "We v need a house of Lords,"he averred. Gresham, who just then v: not in a good humor abort things N.awaifan, asked testily wt Thurston was telling him about the trouble, Thulstmn thtntlbr Gresham could do souhethmg. Gresham asked whether llaw.n, "[bid. 140 THE 0113 NORTnwrST IN Tilt 01TRICAN RI'VOLIMnN even without slavery,as a means to these ends.At the Conven- tion,sanctions foT slavery(the three-fifths clause and the slave trade clause)seemed necessary to bring about the same results: protection against emancipation and a Southern majority in the llnuse. in each case the North made the compromises the South demanded, but in Congress, because of the South's mistaken assumptions about the future of the Northwest,an antislavery clause could be included.The fugitive slave clause adopted unanimously by both bodies shows,if not that there svgs a sectional compromise between Congress and Convention, at least that the makers of both Ordinance and Constitution svete ready to compromise the concept that all men are equal. ?'his was the fundamental compromise of 1787. Origins of the American Colonial System Jack F.Chien Fhr American coloninl mystem effectively began with the Northwest Ordinance of 1787.Sinre that time all colonial policies of the(miter States,including the recent efforts at commonwealth stahes for Mi,ron rsia,have been madiftcations of the anginal ideas. In this essay Jack F.Ehlers(1916--1(meet the nmlutiem of this famous document through the Continental Congress. Like Paoftssor Berkhofer,F.blm sea the Ordinance as the product of srt,ernl minds and the consequence of a serie.,s of developments in Congress, fie find, Nathan Dane of McLmarhusett,and fnmes Monroe of Virginia mogi- fyingtht Ordinance of I784inton workable colanin hpoliry.hlrraHidrr final product the'Jefferson-Monroe-i)nae rion.- Morem+er,Fbhn discards as unfounded the intrrpretntion that,os lie saps in a footnote, "conspiratorial lnnd spteulntnrs mere behind the orating of the Ordinance of 1787 and that the Ohio Company rrprruart- atives faired Congress to draft thrgovernmental articles the avny it did to senor as a more adjanrt to their land grnb."He does see the po<sihility that the Ohio and Scioto grants may have induced some New Fngland Congressmen to support the Ordinance hrrause these schemes offered a chance for eastern influents in an area supf>osedtp inrlined tnnvrrd the South. For Fbten the 1787 dnrument is not n step backward fime the demo rot r principles of the 1784 ordinance,but rather n constnfrtivr solution to the ambigilrnrs and inadnpiatr earlxrr plara.Of ptntirulm impor(arrre was bane',,insiornce on the inclusion of a list at rit+il liberties and Monror'c prapmnls fora limited number n(pntrnliat state+ and a precise number of inhabitants required fm admission. Fhr Imilcidenre of these developments,combined with congressiana - l usmt ence on the sloe rp prohibition, suggest, in Fhlen the pa,4hility of "logrolling."Nomherr does Fhtrn see any indication of a roncpnarp betawen Congress in Non+Fork and the delegation ar the Cnnveatimr ire Philadelphia that Lynd dtsr"bes in the pre'hnu essay. pro/punr Ehlrn's rareer has involved history teorhnr,g acsi,gnwerrt,nt 441 t 442 rut OLD NORTHWEST IN THE AMERICAN REVOLUTION Northrm Illinois University, Fresno State College, the University of Connecticut,and the University of Oklahoma.After the publication of the The First and Second United States Empires, 1784-1912 (1968),he turned his scholarly endeavors to historical demography. Since 1974 he has been a member of the Sociology Drpartment and the Population Resenrch Center,University of Chicago. TH E MONTH of July,1787,was one of the most momentous in American history. In that month the Philadelphia Conven- tion and the Confederation Congress simultaneously resolved fundamental problems of government leading to the formal organization of the first United States empire.The Philadelphia Convention hammered out the basic provisions for a new constitution to establish a stronger central government. In hatching its plan to replace the Articles of Confederation,the Convention also worked out the ideas and mechanics of feder- alism between the states, and formulated the concept of a federal empire.Controversy over the exact form of the empire was to result in the unanimous adoption,in August,of Gouver- neur Morris' vague proposal, which simply granted the new Congress imperial powers without deliniating or delimiting them,rather than James Madison's more detailed plan. In the meantime,the Confederation Congress,sitting in New York City, had been moving along a parallel line. On July 18, 1787, after more than a year of sporadic debate, it enacted a relatively precise plan of colonial government for the public domain north of the Ohio River. One of the most significant laws in American history,the Northwest Ordinance prescribed the philosophical and structural framework for a United States colonial system bawd on that of the old British Empire. The Ordinance defined rrpublicanism and specified it tobe the only acceptable form of.government for the colonies and future states.its basic ideas were to be applied more or less successfully Erom lark F.Eblen,"Origin of the United Statee Colonial System:The Ordinance of 1787;'in the Wi—rtot Magazine of nizhny,LI:294-314(Sommer,19681:reprinted wit hnm foomoira with of the wiuensin Mattuine of Ilift". i ORICIN5 Or Ttif AMERICAN COLONIAI.sysTEM 44 i in the United States possessions for over 175 years and its provisions were to lay the foundation for the governments of the thirty-one public lands states and Hawaii. In short, the Ordinance led to the imposition of a uniform system of politics throughout the American empire. Together, then, the Phila- delphia Convention and the Confederation Congress in Ju15, 1787, adopted co-ordinate parts of a system for a federal republican empire that was to shape the course of I Tnited Stales history. Contrary to standard interpretations,the Ordinance or 1787 was not an adjunct of the Ohio Company's land scheme,de- signed to promote settlement in the Northwest. Nor did the Confederation Congress enact it precipitously under pressure from the Reverend Manasseh Cutler,the Company's lobbyist. Cutler had little if any influence over the final form or content of the Ordinance. Instead, the Northwest Ordinance had dis- tinct pre-Revolutionary colonial origins and evolved in stages. This evolution was the work of the three men--l-homas Jef- ferson, James Monroe, and Nathan Dane—who successively dominated the congressional committees charged with devising a frame of government for the public domain between early 1784 and July of 1787. Jefferson was probably the first man to formulate the basic principles for a United States colonial policy. In 1776 Virginia made extravagant claims of ownership to most of the land west of the Appalachian Mountains.By generously interpreting the "west and northwest" sea-to-sea boundary provisions of the 1609 colonial charter, Virginia claimed title not only to Ken- tucky but also to all of the land west of Pennsylvania north of the Ohio River—that is, the entire Northwest Territory. But Jef- ferson believed in the classical idea that republican states are inevitably small and did not think democratic republican insti- tutions could flourish in so large a state.Since he was unable or unwilling at this time to reconcile classical republicanism with imperialism, he feared that unless its size was drastically re- duced an undemocratic imperial government would develop as the populated area of Virginia increased. Early in 1776, when drafting a constitution for Virginia, Jefferson acted to insure the permanence of repuhlicanism in his state.He tried to raise to the sanctity of cnnsthntional law his 7 AMERICAN JURISPRUDENCE 2D CONsrITUTIONAL C. FUNDAMENTAL AMERICAN CONSTITUTIONAL nois, Wisconsin. DOCUMENTS have generally Research References tion of the Con: Constitution ple West's Key Number Digest would not be tb Constitutional Law 0=500 to 502 the adoption of stitution, howe Primary Authority continued in for 48 U.S.C.A. §§ 737, 1421b, 1561 rial government A.L.R. Library In both the fe A.L.R. Index, Constitutional Law Northwest Ter West's A.L.R. Digest, Constitutional Law 0-500 to 502 superseded by tl ted to the Union § 7 Pre-Constitution national documents: Declaration of except insofar a Independence; Northwest Ordinance; Articles of constitution.10 Confederation Following the were drafted in Research References the state legisla West's Key Number Digest, Constitutional Law 0-500 the states until While statements of principles contained in the Declaration of Inde- centralized exec pendence do not have the force of organic law' and therefore cannot ated by the Art]' be made the basis of any judicial decision as to the limits of rights loose confederal and duties, yet it is always safe to read the letter of the Constitution tance of the pri in the spirit of the Declaration of Independence,' and the courts have through ratifical sometimes referred to the Declaration in determining constitutional - branch of gover questions.' = state legislature On July 13, 1787—two years before the Constitution of the United to make war an States was adopted—Congress enacted the Northwest Ordinance.' coin money, to c Captioned "An Ordinance for the Government of the Territory of the United States Northwest of the River Ohio," this landmark legisla- 0374P (6th Cir. 199 tion—which was to have a profoundly important effect on the estate of Mich subsequent development of both state and national law—was the 95 Ed. Law Rep. f fundamental instrument of government for an area covering more 0374P (6th Cir. 199 than a quarter-million square miles.' The territory to which the 'Chapin v. Fyn ordinance applied included all of present-day Michigan, Indiana, Illi- Ct. 71, 45 L. Ed. 11 8Sands v. Mar 123 U.S. 288, 8 S. C [Section 71 tion of Labor v. Buck's Stove & Range (1887); Huse v. GloN Co. 33 App, D.C. 83, 32 L.R.A.N.S. 748, Ct. 313, 30 L. Ed. 4t Filan v. Martin, 38 Wash. App. 91, 1909 WL 21547 (App. D.C. 1909); People American River Bric 684 P.2d 769 (Div. 3 1984). ex rel. Tyroler v. Warden of City Prison 5 S. Ct. 423, 28 L. E 'Gulf, C. & S.F. Ry. Co.v. Ellis, 165 of City of New York, 157 N.Y. 116, 51 BStrader v. Gr U.S. 150, 17 S. Ct. 255, 41 L. Ed. 666 N.E. 1006 (1898). How. 82, 13 L. Ed (1897); McKinster v. Sager, 163 Ind. 671, °State of Mich. v. U.S., 40 F.3d 817, (1850). 72 N.E. 854 (1904). 95 Ed. Law Rep. 846, 1994 FED App. ' 10Hawkins v. B For example, Gulf, C. & S.F. Ry. 0374P(6th Cir. 1994). 37 S. Ct. 255, 61 L. ] Co. v. Ellis, 165 U.S. 150, 17 S. Ct. 255, 5State of Mich. v. U.S., 40 F.3d 817, 41 L. Ed. 666 (1897); American Federa- 95 Ed. Law Rep. 846, 1994 FED App. FQ.' t 330 cJL$ISPRUDENCE 2D CONSTITUTIONAL LAW § 7 'TONAL : nois, Wisconsin, and Ohio and part of Minnesota.' The federal courts have generally held that the Ordinance was superseded by the adop- tion of the Constitution of the United States' on the ground that the Constitution places all the states of the Union on an equal basis which would not be the case if the Ordinance continued to be in force after the adoption of the organic law.' Even after the adoption of the Con- stitution, however, some of the provisions of the Ordinance were continued in force by acts of Congress during the period of the territo- rial government of the Northwest Territory.' In both the federal courts and those of the states created out of the Northwest Territory, the doctrine that the Ordinance has been superseded by the state constitution when a new state has been admit- ted to the Union is adhered to, and no effect is given to that Ordinance iration of except insofar as its principles may have been embodied in the state tes of constitution.10 Following the Revolutionary War, the Articles of Confederation were drafted in 1777 and submitted by the Continental Congress to the state legislatures for approval, but they were not approved by all the states until 1781." The newly independent states did not favor a laration of Inde- centralized executive authority, and the government ultimately cre- therefore cannot ated by the Articles of Confederation amounted to little more than a limits of rights = loose confederation of states that derived its authority from accep- the Constitution tance of the principles of the confederation by the state legislatures the courts have through ratification.t2 The articles created a government with a single .g constitutional branch of government—a Congress with members appointed by the state legislatures.f3 Congress was given the sole and exclusive power >n of the United to make war and peace, to enter into treaties and other alliances, to est Ordinance.' coin money, to establish a postal system, to send and receive ambas- Territory of the admark legisla- 0374P(6th Cir. 1994). Sands v. Manistee River Imp. Co., 123 t effect on the 'State of Mich. v. U.S.,40 F.3d 817, U.S.288,8 S.Ct. 113,31 L.Ed. 149(1887) 1 law—was the 95 Ed. Law Rep. 846, 1994 FED App. (Michigan); Huse v. Glover, 119 U.S. 543, covering more 0374P(6th Cir. 1994). 7 S. Ct. 313, 30 L. Ed. 487 (1886) (Illi- y to which the 7Chapin v. Fye, 179 U.S. 127, 21 S. nois); Dixon v. People, 168 Ill. 179, 48 Ct. 71, 45 L. Ed. 119 (1900). N.E. 108 (1897); State ex rel. Donahey v. n, Indiana, Illi- a Edmondson, 89 Ohio St. 93, 105 N.E. 269 Sands v. Manistee River Imp. Co., (1913). 123 U.S. 288, 8 S. Ct. 113, 31 L. Ed. 149 K's Stove & Range (1887); Huse v. Glover, 119 U.S. 543, 7 S. "Clinton, A Brief History of the 32 L.R.A.N.S. 748 Ct. 313, 30 L. Ed. 487 (1886); Cardwell v. Adoption of the United States Constitu- D.C. 1909); People American River Bridge Co., 113 U.S. 205, tion, 75 Iowa L. Rev. 891 (May 1990). -den of City Prison 5 S. Ct. 423, 28 L. Ed. 959 (1885). 'ZClinton, A Brief History of the 157 N.Y. 116, 51 9Strader v. Graham, 51 U.S. 82, 10 Adoption of the United States Constitu- U.S.,40 F.3d 817 How. 82, 13 L. Ed. 337, 1850 WL 6936 tion, 75 Iowa L. Rev. 891 (May 1990). i, 1994 FED A ' (1850). 13 Clinton, A Brief History of the pp 10Hawkins v. Bleakly, 243 U.S. 210, Adoption of the United States Constitu- U.S., 40 F.3d 817, 37 S. Ct.255, 61 L. Ed. 678(1917)(Iowa); tion, 75 Iowa L. Rev. 891 (May 1990). i, 1994 FED App. 331 98 Stolen Kingdom in Washington,Thurston credited Stevens with having"the fullest knowledge of the facts,"and for being"an enthusiastic advocate of annexation."31 I About the same time,Secretary of Navy Tracy told Admiral Joseph Skerrett,who was preparing to embark on a return assign- ment to Hawaii: "Commodore, the wishes of the Government have changed (in the last 20 years). They will be very glad to annex Hawai'i...(through)legal means...."12 Native Hawaiians Seek a New Constitution No single political party won the 1892 election with a clear majority of legislative seats. This resulted in an eight month struggle to secure a stable Cabinet. As a result, four different Cabinets were appointed and removed, depending on whatever political coalitions were forged among the three major political parties. Little was accomplished during the turmoil of the longest- ever, 171-day Legislature. By the year's end, the Legislature finally considered three controversial bills: to establish a lottery, to regulate and license opium sales,and to call fora constitutional convention. Vigorous opposition of the Queen's Cabinet could not deter the Legislature from passing the lottery and opium bills. The Queen signed both bills into law. The new laws would inject a permanent source of up to several hundred thousand dollars of annual revenue for the Kingdom,and would relieve the Govern- ment from continually borrowing money. The Queen and a majority of legislators felt it was better to regulate and tax the underground opium business than to allow illegal smuggling to continue unchecked. Finance Minister William Cornwell, an opponent of the lottery bill, admitted that it was"._ supported by nearly all the Americans in Honolulu,the very men who revolted and now claim the lottery was the cause of the revolution."-1-1 Radicals Seek Power 99 Regarding the constitution,it was no secret thatLiWuokalani, as had Kalakaua,felt severely limited by the restrictions placed on the monarchy by the Bayonet Constitution, Now,feeling that she had the will of the people who backed the Liberal Party's call for a new constitution,Lili'uokalani felt confident to exert leader- ship. She was ready to give a majority of the voters what they wanted — a new constitution. During the 1892 election campaigns,Lili'uokalani acknowl- edged,"Petitions poured in from every part of the Islands for a new constitution" signed by about two-thirds of the registered voters(6,5(X)of 9,000 electors). "To have ignored or disregarded so general a request,"the Queen said she would have to be"deaf to the voice of the people...."3d Buoyed by the strength of the Liberal Party in the 1892 election, and the native support for a new constitution, Queen Lili'uokalani quietly drafted a new constitution in October 1892. This new constitution would free the monarchy from the shackles of the Bayonet Constitution.It would give the monarchy greater power, give the vote to Hawaiian-born or naturalized citizens, remove certain property qualifications that prevented native Hawaiians from voting for the House of Nobles,and would make Cabinet Ministers subject to.removal by the Legislature. The Queen told her Cabinet Ministers about the draft consti- tution. At least two of her four Ministers promised their support prior to their appointment. The Queen asked Attorney General Arthur Peterson to review the draft constitution and to make recommendations,but he never did. He told the Queen he never read her document. Queen Lili'uokalani decided to proclaim the new constitution immediately after the Legislature adjourned. Every constitution -- 1840,1852, 1864,and even 1877 — was granted by the ruling monarch,not the Legislature. In her autobiography, Queen Lili'uokalani wrote emphati- cally about the monarch's power: I I A N REVOLUTION MEMOIRS OF LORRI N A . THURSTON manded." [The speaker was Charles F. Crisp.- ' Editor.] "Mr. BOUTELL& I think this involves a matter of privilege. "The SPEAKER. The Clerk will read the resolu- tion. "The Clerk read as follows: /C "'Resolved by the Senate and House of Representa- tives in Congress assembled: ® "'1. That the United States of America congrat- ulates; the people of the Hawaiian Islands on their just and peaceful assumption of the powers, duties, and re- constitution of the Republic, concluded sponsibilities of self-government as indicated by their recent adoption of a republican form of government. nvention, which was held in May, " `2• That the Republic of Hawaii is entitled to ex- ercise and enjoy international comity and the benefits of July. The constitution was pro- all rights, privileges, and advantages under existing trea- 4, 1894, and the transition from ties that were concluded between the United States of Government to the Republic Of America and the late Kingdom of Hawaii. Ice on that date Without incident. " `3. That the Republic of Hawaii is hereby recog- nized by the United States of America as a free, sover- the constitution of the Republic eign, and independent republic, and the President of the ter IX of the Dole memoirs "Or_ United States shall give proper notice of the recognition public of Hawaii," pages 163 to to the President of the Republic of Hawaii.' "Mr. DOCKER. make the point that this reso- lution should go the Committee on Foreign Affairs. hire year of 1894., the Hawaiian "The SPEAKER. The gentleman from Missouri continuous interest in the United makes the point that this is not a privileged resolution.. "Mr. BOUTELLE. I desire to state that this reso- .owing discussion in the House of lution, with the exception of a single word, is a verbatim ,Single Word (Congressional Record, Volume - copy of a resolution introduced by the gentleman from of Kentuckian y-third Congress, second session, Kentucky (Mr. MCCREARY), the distinguished chair- Changed Here man of the Committee on Foreign Affairs. The resolu- [awajj Library) on July 3o and tion is his production, with the exception that a single gal. 1 word has been substituted, the word `Hawaii'. "Mr. McCREARY of Kentucky. What resolution TION OF REPUBLIC OF HAWAII. . does the gentleman from Maine refer to? ;LLE. Mr. Speaker, I send up to the "Mr. BOUTELLE. It is the text of the resolution for which I desire to ask present con- + introduced by the gentleman from Kentucky himself, on the 27th day of January, 1890, asking the House to pass ER. The regular order has been de- a resolution recognizing the Republic of Brazil. {486} {487 ) i 4 lion- REPORT UPON THE OFFICiAL RELATIONS OF TAE UNITED STATES WITH TAE HAWAIIAN ISLANDS FROM THE FIRST APPOINTMENT OF A CONSULAR OFFICER THERE BY THIS GOVERNMENT. Un September 19, 1820, Mr. John C. Jones was appointed to reside at the Sandwich Islands in the capacity of "Agent of the United States for commerce acid seamen." To those functions there was added, as the duty of the agent, a general supervision of American interests i , the islands couceruin;' the status of.whieb he advised the Depart- ment from time to time. Other official information tonebing these interests, and events then enrrent there, was oce.isionall,y afforded by officer~ of Tile Navy, oil visifin;;vessels, whose instructions perinitted their friendly intorventiou in such all'airs of ~lie country as they might witli propriety regard as of importance to this Government. In consegnenee of instructions in May, 1825, to Commodore hull,U. S. Navy, ill command of the Pacific squadron, then at Callao, Thomas ap Catesby Jones, connuanding the U. S. S. Peacock, was sent the fol- lowish year to 11ouoluln on a visit of friendly ivapection,to relieve the liative authorities of the annoyance occasioned by deserters frown Ameri- c.all %.u,ssels in the islands, and to endeavor to adjust certain claims of American citizens there resident. The objects of this visit were suc- cessfully accomplished, and Capt. Jones negotiated a treaty of friend- ship, commerce, and navigation with the Ding, which was signed De- cember 23, 1826. This was the first treaty formally Negotiated by the Ilawaiiaus with any foreign power, and although it was never ratified by this Government, certaiu of its stipulations appear to have embodied friendly views and purposes of the United States which were considered morally binding by both hearties. (A copy of the treaty will be found in Appendix—. lu 1829,Capt. 1!iiicl,, cununa.ndinb the U. S. S. Vinoennes,visited the islands as the bearer of presents and a letter,dated January20 of that year, from the Secretary of the Navy, on behalf of the President. In that letter Mr. Southard said: The President anxionRly hopes that peace and kindness and justice will prevail between your people and those citizens of the United States who visit your ielauds, and that the regulations of your government will be such as to eufores them upon all. Our citizens wlio violate your laws or interfere with your regulations violate at the same timu their duty to their own Government and country, and merit censure and punishment. E From time to tune thereafter naval vessels of the United States vis- ited Hawaii and intervened in a friendly way in their affairs. Among them the United States frigate Potgmac, with Commodore Downs, touched at Honolulu soon after the deportation, in December, 1831, of the 10MUN Catllolie priests who had been introduced into the country in 1827 by the 1!rench, and that officer interceded snecessfully in be- half of some of their converts, who were undergoing persecution at the hands of the native Government. Tbese persecutions were not 8 i i 1