The Annexation of Hawaii: Territory and Legislature

The President appointed a commission in July, 1898, consisting of Senators Cullom and Morgan, Representative Hitt, with President Dole and Justice Frear, of Hawaii, to investigate and report on the form of local government most desirable. Their recommendations were not acted upon by Congress for over a year, chiefly because they contained provisions for granting to Hawaii a delegate in Congress, as allowed to our Territories. It was objected that this would lead to the admission of Hawaii as a State. The labor problem was the source of other objections. The Supreme Court of Hawaii had stopped the immigration of Chinese into the island. After prolonged discussion an act providing a government "for the Territory of Hawaii" was signed by the President on April 30, 1900.

Section 3 of the Act declares that "A Territorial Government is hereby established over said Territory, with its capital at Honolulu, on the Island of Oahu." All persons who were citizens of Hawaii August 12, 1898, are declared to be citizens of the United States. The Constitution, except as in the act otherwise provided, and the laws of the United States not locally applicable, shall have force and effect in the Territory. The Constitution of the Republic of Hawaii and its laws which are not in conflict with the Constitution and laws of the United States shall continue in force, except a large number which are repealed, and those remaining are subject to repeal by the Legislature of Hawaii or the Congress.

General elections, beginning in 1900, were provided for, also the election, qualifications, powers, and duties of members of the Legislature.

The Legislature shall be composed of two houses - the Senate of fifteen members, to hold office four years, and the House of Representatives of thirty members, to hold office two years. The Legislature will meet biennially, and sessions are limited to sixty days.

The executive power is lodged in a Governor, a Secretary, both to be appointed by the President and hold office four years, and the following officials to be appointed by the Governor, by and with the consent of the Senate of Hawaii: An Attorney-General, Treasurer, Commissioner of Public Lands, Commissioner of Agriculture and Forestry, Superintendent of Public Works, Superintendent of Public Instruction, Auditor and Deputy, Surveyor, High Sheriff, and members of the Boards of Health, Public Instruction, Prison Inspectors, etc. The duties of these officials are defined in the act. They hold office for four years, and must be citizens of Hawaii.

The judiciary of the Territory is composed of the Supreme Court, with three judges, the Circuit Court, and such inferior courts as the Legislature shall establish. The judges are appointed by the President. The Territory is made a federal judicial district, with a District Judge, District Attorney, and Marshal, all appointed by the President. The District Judge shall have all the powers of a Circuit Judge.

The election of a Delegate in Congress is provided for, and the Territory is made an internal revenue and customs district.

Provision is made for the residence of Chinese in the Territory, and prohibition as laborers to enter the United States as follows:

Sec. 101. That Chinese in the Hawaiian Islands when this act takes effect may within one year thereafter obtain certificates of residence as required by "An act to prohibit the coming of Chinese persons into the United States," approved May 5, 1892, as amended by an act approved November 3, 1893, entitled "An act to amend an act entitled 'An act to prohibit the coming of Chinese persons into the United States,' approved May 5, 1892," and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such certificates: Provided, however, That no Chinese laborer, whether he shall hold such certificate or not, shall be allowed to enter any State, Territory, or district of the United States from the Hawaiian Islands.

It was provided that the act should take effect June 14, 1900.

The regulation of the traffic in alcoholic liquors is left to local option.

The qualified voter must be able to speak, read, and write the English or Hawaiian language, and must have lived one year in the Territory.

The peculiar conditions of the labor question, which, in view of the liberal provisions in the matter of the suffrage, is likely to continue a trouble for a long time to come, are set forth in the following extract from a report by W.W. Taylor, Secretary of the Bureau of Immigration in Hawaii.]

"THE ordinary manual work on a plantation is performed by unskilled labor, which may be divided into two classes - contract and free.

"Contract labor, consisting of Japanese, Chinese, Portuguese, Italian, Hungarian, Hawaiian and others, is held under contract for three years when coming direct from foreign countries under agreement, and for the same or a shorter period when contracting after a previous sojourn in this country.

"Free labor, consisting of the same nationalities mentioned above, is employed by the day or month, without contract, and has come into the country as free labor or has fulfilled a previous three-years' contract and is then free to work where employment may be obtained.

"This free-labor contingent is a fluctuating and uncertain quantity - here to-day and there to-morrow - working at will, and seeking the places where most favorable conditions and highest wages are in vogue. The laborers receive higher pay than contract men, but may be discharged at a moment's notice, and the plantation owes them nothing but shelter and wages for work done.