HONOLULU, HAWAII, June 1, 1923.

EXECUTIVE Building,
Territory of Hawaii.

The foregoing act was passed by the Legislature of the Territory of Hawaii in its session of 1923.

RAYMOND C. BROWN, Secretary of the Territory of Hawaii.

ACT OF CONGRESS OF MARCH 10, 1924

"AN ACT To extend the provisions of certain laws to the Territory of Hawaii "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That beginning with the fiscal year ending June 30, 1925, the Territory of Hawaii shall be entitled to share in appropriations now or which may hereafter become available for apportionment under the act entitled 'An act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,' approved July 11, 1916, known as the Federal highway act, and any act amendatory thereof or supplementary thereto, upon the same terms and conditions as any of the several States, and such Territory shall be included in the calculations to determine the basis of apportionment of such funds: Provided, That in approving road projects in such Territory to receive Federal aid, the Secretary of Agriculture shall give preference to such projects as will expedite the completion of an ade quate system of highways for the national defense or which will connect seaports with units of the national parks.

"SEC. 2. The provisions of the Federal loan act, and any act amendatory thereof or supplementary thereto, are extended to the Territory of Hawaii. The Federal Farm Loan Board shall include the Territory in a Federal land bank district, and such Federal land bank as the board may designate is authorized to establish branch banks in the Territory.

"SEC. 3. The Territory of Hawaii shall be entitled to share in the benefits of the act entitled 'An act for the promotion of the welfare and hygiene of maternity and infancy, and for other purposes,' approved November 23, 1921, and any act amendatory thereof or supplementary thereto, upon the same terms and conditions as any of the several States. For the fiscal year ending June 30, 1925, there is authorized to be appropriated. out of any money in the Treasury not otherwise appropriated, the sum of $13,000, to be available for apportionment under such act to the Territory, and annually thereafter such sum as would be apportioned to the Territory if such act had originally included the Territory.

"SEC. 4. The Territory of Hawaii shall be entitled to share in the benefits of the act entitled 'An act to provide for the promotion of vocational education; to provide for cooperation with the States in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the States in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure,' approved February 23, 1917, and any act amendatory thereof or supplementary thereto, upon the same terms and conditions as any of the several States. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1925, and annually thereafter, the sum of $30,000, to be available for allotment under such act to the Territory.

"SEC. 5. The Territory of Hawaii shall be entitled to share in the benefits of the act entitled 'An act to provide for the promotion of vocational rehabilitation of persons disabled in industry or otherwise and their return to civil employment,' approved June 2, 1920, and any act amendatory thereof or supplementary thereto, upon the same terms and conditions as any of the several States. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1925, and annually thereafter, the sum of $5,000, to be available for allotment under such act to the Territory." Approved, March 10, 1924.

EXHIBIT J

IMPLICATIONS OF ANNEXATION

The exact relationship of Hawaii to the United States of America resulting from annexation has never been clearly determined. Questions have been settled by administrative orders and practice, by judicial decisions and by congressional legislation from time to time. As problems arise they will continue to be settled in the same way and occasionally relationships, now apparently settled, will be reopened and adjusted. This practice has been going on continually. Recently, through the "Hawaiian Bill of Rights," passed by our legislature and recognized in part by Congress, Hawaii has gained the right to participate in certain national financial legislation on equality with the States. Other changes are needed and results may be secured by the continued presentation of our case.

One of the more interesting questions arising out of annexation is the exact nature of our political relationship to the Federal government. We often hear that "the ultimate destiny of Hawaii is statehood," or "it will not be long before Congress must provide some type of commission government for Hawaii because of the coming preponderance of voters of oriental ancestry.' The courts in many cases have dealt with the words "incorporated," "unincorporated," and "integral part of the United States," and have by decision and dicta said what these terms mean in relation to the cases brought before the courts. The results have not been satisfactory even to judges, and attorneys, and the average citizen of Hawaii finds it impossible to understand just what the relationship is between the Territory of Hawaii and the Federal Government; sometimes we seem to be a real part of the United States and again we seem to be a stepchild.

It may be interesting therefore to review briefly the story of annexation in order to see what was in the minds of the two governments at the time annexation became a fact.

In the first place the proposition that Hawaii become a part of the United States was discussed early in the nineteenth century. The protecting arm of the United States was thrown around Hawaii as early as 1820. Time strengthened the bonds rather than weakened them although there were times when it seemed probable that these islands might become subordinate to some other power. The general attitude of all American Secretaries of State was that the United States had a special interest in Hawaii and would not permit the kingdom to go under the control of any other power.

In 1842 President Tyler in his message to Congress said of Hawaii:

"Just emerging from the state of barbarism, the government of the islands is as yet feeble; but its dispositions appear to be just and pacific, and it seems anxious to improve the condition of its people by the introduction of religious and moral institutions, means of education, and the arts of civilized life. It can not but be in conformity with the wishes of the Government and people of the United States, that this community, thus existing in the midst of a vast expanse of ocean should be respected, and all its rights strictly and conscientiously regarded."

Annexation was first officially attempted in 1854 when a treaty with that as its object was drawn up and signed by the officials of both nations but failed of ratification by the United States Senate because it provided for the admission of Hawaii as a State. The drafts of the treaty show that attempts were made to get Hawaiian officials, especially the King, to accept the status of a territory but this they refused to do.

The treaty of 1854, proposed the incorporation (of Hawaii) thereof into the Union of the United States, as the means best calculated to attain these ends (security, etc.), and "perpetuate the blessings of freedom and equal rights to himself, his chiefs, and people and the United States actuated solely by the desire to add to their security and prosperity-have determined to accomplish by treaty objects so important to their mutual and permanent welfare."

ARTICLE I. His majesty

cedes to the United States all its territories, to be held by them in full sovereignty, subject to the same constitutional provisions as other States of the American Union.

"ART. II. The Hawaiian Islands shall be incorporated into the United States and states that the subjects of the Hawaiian Islands] shall possess and forever enjoy all the rights and privileges of the citizens of the United States in terms of perfect equality in all respects with other American citizens.

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It should be noted that "integral part of" and "incorporated" are here used to denote the complete admission of Hawaii as a State like the other States and that the citizens of Hawaii were to have all the rights, etc., of citizens of the States. This treaty failed of ratification but the project of annexation was kept alive. The United States often demonstrated its interest in and a protecting attitude toward Hawaii.

Abraham Lincoln said of Hawaii in 1864, in a letter to Elisha Allen, envoy extraordinary from the United States to Hawaii, "Its people are free and its laws, language, and religion are largely the fruit of our own teaching and example." This is a strong statement of the attitude of the United States toward the government created by the people of Hawaii. It certainly would not have occurred to President Lincoln to annex Hawaii and give it a less free government than it then had.

In 1875 a step nearer was taken by the two countries-a reciprocity treaty was signed that year which went into effect the following year. The United States had now taken a position from which she could hardly withdraw. The revolution of 1893 renewed the question of annexation. were at once opened along lines similar to those of the treaty of 1854. President Harrison in his message transmitting the treaty to the Senate, February 15, 1893, said:

Negotiations

"Only two courses are now open, one the establishment of a protectorate by the United States, and the other annexation full and complete. I think the latter course, which has been adopted in the treaty will be highly promotive of the best interests of the Hawaiian people, and is the only one that will adequately secure the interests of the United States."

The treaty contained the following phrases among others regarding annexation: 66* * * especially in view of the desire expressed by the said government of the Hawaiian Islands, that those islands should be incorporated into the United States as an integral part thereof and under their sovereignty, in order to provide for and assure the security and prosperity of the said islands

* * * "1

*

shall

ARTICLE I. The government of the Hawaiian Islands hereby cedes, * * * absolutely and without reserve to the United States forever, all rights of sov* * * and henceforth said Hawaiian Islands * * ereignty become and be an integral part of the Territory of the United States." "ART. III. Congress shall within one year from the exchange of the ratification of this treaty enact the necessary legislation to extend to the Hawaiian Islands the laws of the United States, 'respecting the duties upon imports, the internal revenue, commerce and navigation.'

These paragraphs are found in the report of the Committee on Foreign Affairs of the United States Senate, February, 1894:

"Hawaii is an American State, and is embraced in the American commercial and military system. This fact has been frequently and firmly stated by our Government, and is the ground on which is rested that peculiar and far-reaching declaration so often and so earnestly made, that the United States will not admit the right of any foreign government to acquire any interest or control in the Hawaiian Islands that is in any way prejudical or even threatening toward the interests of the United States or her people. This is at least a moral suzerainty over Hawaii. In this attitude of the two governments, Hawaii must be entitled to demand of the United States an indulgent consideration if not an active sympathy, when she is endeavoring to accomplish what every other American State has achieved-the release of her people from the odious anti-Republic régime which denied to the people the right to govern themselves, and subordinates them to the supposed divine right of a monarch, whose title to such divinity originated in the most slavish conditions of pagan barbarity.

"When a crown falls in any kingdom of the Western Hemisphere it is pulverized, and when a scepter departs it departs forever; and American opinion can not sustain any American ruler in the attempt to restore them, no matter how virtuous and sincere the reasons may be that seem to justify him.

"In the absence of a police to establish a colonial system and of any disposition for territorial aggrandizement, the Government of the United States looked with approbation and gave encouragement to the labors and influence of their citizens in Hawaii, in laying the groundwork of a free and independent government therewhich, in its principles and in the distribution of powers, should be like our own and ultimately become republican in form. This has been the unconcealed wish of the people of the United States, in which many of the native Hawaiians have participated."

After his inauguration in March, 1894, President Cleveland withdrew the treaty from the Senate and made an unsuccessful attempt to restore the monarchy. The Republic of Hawaii succeeded the provisional government, to exist until annexation could be brought about. The new constitution provided that "The President, with the approval of the Cabinet, is hereby expressly authorized and empowered to make a treaty of political or commercial union between the Republie of Hawaii and the United States of America, subject ot the ratification of the Senate."

Almost immediately after the inauguration of President McKinley in 1897, a new treaty was negotiated and signed June 16, 1897.

The treaty stated that "Those islands should be incorporated into the United States as an integral part thereof, and under its sovereignty [and to that end they] have determined to accomplish by treaty an object so important to their mutual and permanent welfare."

"ARTICLE I. * * * the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii."

"ART. II. The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall as soon as reasonably practicable, recommend to Congress such legislation concerning the Territory of Hawaii as they shall deem necessary and proper."

President McKinley's message to the Senate on the treaty of 1897, dated December 6, 1897, stated that:

"Hawaii has shown her ability as a sovereign contractant to enter upon a conventional union with the United States, thus realizing a purpose held by the Hawaiian people and proclaimed by successive Hawaiian governments through some 70 years of their virtual dependence upon the benevolent protection of the United States. Under such circumstances, annexation is not a change; it is a consummation.

"What the conditions of such a union shall be, the political relation thereof to the United States, the character of the local administration, the quality and degree of the elective franchise of the inhabitants, the extension of the Federal laws to the Territory or the enactment of a special law to fit the peculiar condition thereof, the regulation if need be of the labor system therein, are all matters which the treaty has wisely relegated to Congress.

"If the treaty is confirmed, as every consideration of dignity and honor requires, the wisdom of Congress will see to it that, avoiding abrupt assimilation of elements perhaps hardly yet fitted to share in the highest franchises of citizenship, and having due regard to the geographical conditions, the most just provisions for self-rule in local matters with the largest political liberties as an integral part of our Nation will be accorded to the Hawaiians. No less is due to a people who, after nearly five years of demonstrated capacity to fulfill the obligations of selfgoverning statehood, come of their free will to merge their destinies in our body politic."

The first paragraph quoted above was included in the President's message of July 7, 1898, which reviews the history of the projects of annexation from which the following sentences are quoted:

"The incorporation of the Hawaiian Islands into the body politic of the United States is the necessary and fitting sequel to the change of events which, from a very early period in our history, has controlled the intercourse and prescribed the associations of the United States and the Hawaiian Islands.

16* * * Annexation is not a change; it is a consumation.

"I can not doubt, when the function of the constitutional treaty-making power shall have been accomplished, the duty of the National Legislature in the case will be performed with the largest regard for the interests of this rich insular domain and for the welfare of the inhabitants thereof."

This last paragraph replaces the last two in the quotation from the earlier message.

While the Hawaiian treaty was under consideration by the Senate the SpanishAmerican War broke out. Hawaii did everything within her power to aid the United States. The need of Hawaii to the United States became very evident. As a result, Hawaii was annexed by a joint resolution of Congress approved July 7, 1898. The preamble to the resolution cited:

"Whereas the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by the Constitution, to cede absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands"

* * *

The act states:

"Resolved by the Senate and House of Representatives of the United States of American in Congress assembled, That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the Territory of the United States and are subject to the sovereign dominion thereof."

William P. Day, of the State Department, in a letter of instruction to the American minister in Hawaii, Mr. Sewall, on July 8, 1898, said:

"These recitals, it will be observed, are made in the language of the treaty of annexation, concluded at Washington the 16th day of June, 1897. They, as well as the other terms of cession which have not only been agreed upon by the two Governments, but which have also been ratified by the Government of the Republic of Hawaii. The joint resolution therefore accepts, ratifies, and confirms on the part of the United States the cession formally agreed to and approved by the Republic of Hawaii.

"As by the adoption by the joint resolution the cession of the Hawaiian Islands and their dependencies to the United States is thus concluded, it is assumed that no further action will be necessary on the part of the Hawaiian Governent, beyond the formalities of transfer. Should that government, however, desire to take any further action formally confirmatory of what has been done, no objection will be interposed on the part of the United States."

At the ceremony when the exchange of sovereignty took place in Honolulu, August 13, 1898, Minister Sewall said:

"This joint resolution ratifies and confirms the cession formally consented to and approved by the Republic of Hawaii."

In response President Dole, for the Republic of Hawaii, replied:

"A treaty of political union having been made, and the cession formally consented by the Republic of Hawaii having been accepted by the United States of America, I now, in the interest of the Hawaiian body politic and with full confidence in the honor, justice, and friendship of the American people, vield up to you as representative of the United States the sovereignty and public property of the Hawaiian Islands."

It is evident from these treaty stipulations and from the statements made by the Presidents of the United States and several Secretaries of State that both nations agreed that Hawaii if annexed was to become an "integral," "incorporated" part of the United States; that the people of Hawaii had demonstrated their ability to govern themselves and that after annexation they would be more free and self-governing than they had been in the past. Indeed, this was one of the objects of annexation. None but a republican form of government was thought of or intended for Hawaii after annexation. To repeat what President McKinley said in 1897:

"The wisdom of Congress will see to it that, * * * the most just provisions for self-rule in local matters with the largest political liberties as an integral part of our Nation will be accorded to the Hawaiians. No less is due to a people who, after nearly five years of demonstrated capacity to fulfill the obligations of self-governing statehood, come of their free will to merge their destinies in our body politic.'

This represents the nature and the spirit of the treaty negotiated by the two independent Nations-these were the conditions under which their sovereignties were to be merged.

The Hawaiian commission, provided for in the joint resolution, met and drew up the "organic act" which provided for the present liberal form of government for the Territory of Hawaii. In their report to the President, they in no uncertain terms stated that the people of Hawaii were capable of self-government. Congress accepted their point of view. The report in part says:

"Much has been said to the effect that the policy or scheme of government for the Hawaiian Islands will be taken and accepted as an index or precedent to be followed in the plan of government for Puerto Rico and the Philippines. In view of this apparent expectation or belief on the part of many good people in the United States, the commission deem it proper to say that the people of Hawaii are capable of self-government, and have proven this by the establishment of the Republic of Hawaii and the adoption of a constitution and code of laws which will compare favorably with those of any other government, and under such constitution and laws have maintained a stable government for several years worthy of a free people. The people of those islands are more or less familiar with the institutions and laws of the United States, while the laws of the little republic are largely taken from the laws of this country.