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By the act of April 30, 1900, "to provide a government for the Territory of Hawaii," the "coasting trade between the [Hawaiian] islands aforesaid and any other portion of the United States" is declared (sec. 98) to be “regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts." By this legislation the transportation of cargo from the United States to Hawaii, and vice versa, is made subject to the laws of the United States relating to the coasting trade, which practically exclude foreign vessels. In reply to representations as to the injurious effect of this exclusion on Australasian-owned shipping, it was stated that the subject was not within the discretionary control of the Executive.

Mr. Hay, Sec. of State, to Lord Pauncefote, British amb., March 20, 1901, For.
Rel. 1901, 204. See, also, Mr. Hay, Sec. of State, to Lord Pauncefote,
Nov. 23, 1899, MS. Notes to British Leg. XXV. 9.

Quarantine.

March 30, 1900, the Japanese legation at Washington represented that the extension to Japan of the prohibition decreed by the Hawaiian authorities against nearly all importations from Eastern countries, with a view to the suppression of the bubonic plague, was neither expedient nor just, and requested that such remedial action be taken by the United States as the gravity of the circumstances might warrant. The Department of State replied that the act providing for the annexation of the islands having left their commercial relations to continue under existing conditions till Congress should otherwise provide, the measures of which the Imperial Government complained would appear to have been adopted by the Hawaiian Government in the exercise of its provisional powers and without opportunity for the United States to prescribe or control the action taken. The United States, it was added, consequently was without information which would enable it to consider the grounds on which the Hawaiian measures rested, or to pronounce an opinion as to the merits of the complaint; but the Government of Hawaii would be informed of the communication and requested to report the facts and circumstances for the consideration of the Government of the United States.

Mr. Hay, Sec. of State, to Mr. Komura, Jap. Leg., April 4, 1900, MS. Notes to
Jap. Leg. II. 1.

By the act of April 30, 1900, providing a government for the Territory of
Hawaii, it was provided that quarantine stations should be established as
directed by the Supervising Surgeon-General of the United States Marine-
Hospital Service, and that quarantine regulations relating to the importa-
tion of diseases from other countries should be under the control of the
Government of the United States, the general health laws remaining,
however, in the jurisdiction of the Territorial government, subject to the
quarantine laws and regulations of the United States.

After the passage of the joint resolution of annexation of July 7, 1898, and pending the adoption of further legislation Immigration. by Congress, it was held that the immigration laws of the United States did not extend to the Hawaiian Islands, and that, till an act should be adopted for the purpose, the Treasury Department would have no authority to interfere with the arrival of immigrants there. It was added that when such legislation should be adopted it would not be within the power of the Treasury to except particular cases from its operation "merely upon considerations of humanity, however great the hardship of the consequences arising from a strict application of the law may appear.'

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Mr. Hay, Sec. of State, to Count Vinci, Italian chargé, Jan. 21, 1899, MS.
Notes to Ital. Leg. IX. 322, quoting from a letter of the Acting Secretary
of the Treasury.

Mr. Day, Assist. Sec. of State, to Mr. Sasse, April 21, 1898, stated, in reply
to an inquiry, that there was no treaty between the United States and
Japan whereby the United States was to control the immigration of
Japanese into Hawaii after 1899. (227 MS. Dom. Let. 499.)

Chinese.

66

By section 8 of the joint resolution it was provided that "there shall be no further immigration of Chinese into the Hawaiian Islands except upon such conditions as are now or may hereafter be allowed by the United States." It was held by the Attorney-General of the United States (1) that this clause applied" only to actual additional immigration, namely, the coming of Chinese into the islands for the first time after annexation, and not to the return thither of Chinese who have lawful residence there and are simply exercising the recognized right of returning to their business and their homes after a temporary absence," and (2) that Chinese women and children presenting permits issued under the laws of Hawaii prior to the receipt by the Hawaiian Government of the Treasury regulations transmitted to it through the special agent of the United States on November 12 last, may be admitted to those islands by virtue of such permits, and that other Chinese permits of the Hawaiian Government, issued in the same manner prior to the receipt by that Government of the regulations just mentioned, entitling them to sojourn for a temporary period in the islands, should also be admitted thereto."

Mr. Hay, Sec. of State, to Mr. Wu, Chinese min., March 11, 1899, For. Rel.
1899, 207. See also Mr. Wu to Mr. Hay, Dec. 12, 1898; Mr. Hay to
Mr. Wu, Jan. 13, 1899; Mr. Wu to Mr. Hay, Feb. 18, 1899; Mr. Hay to
Mr. Wu, Feb. 24 and March 1, 1899-For. Rel. 1899, 202–206.

See opinion of Mr. Richards, Solicitor-General, Feb. 21, 1899, 22 Op. 353.
"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." (Act of April 30, 1900, entitled "An act to provide a government for the Territory of Hawaii." This act went into effect June 14, 1900.)

Claims.

"Referring to instruction No. 86, of October 2 last, enclosing an opinion of the Attorney-General, rendered September 20 last, to the effect that claims existing against Hawaii in favor of the subjects or citizens of foreign governments prior to and at the time of its annexation to the United States should be referred to the Hawaiian Government for consideration, determination, and payment, I enclose herewith for delivery by you to the Hawaiian Government the additional papers listed below relating to the British claims, and a copy of a note from the Portuguese minister at this capital in relation to the claim of Manuel Gil dos Reis.

"In view of the opinion of the Attorney-General, this Department has not, of course, considered or passed upon the validity of any of the claims against Hawaii presented by foreign governments in behalf of their subjects.

"The Danish minister here has this day been informed that the claim of Edmund Norrie will also be considered and determined by the Hawaiian Government."

Mr. Hay, Sec. of State, to Mr. Sewall, agent at Honolulu, January 4, 1900, MS.
Inst. Hawaii, III. 488.

See Mr. Hay, Sec. of State, to Lord Pauncefote, Brit. amb., Jan. 4, 1900, MS.
Notes to Brit. Leg. XXV. 45; Mr. Hill, Act. Sec. of State, to the governor
of Hawaii, Jan. 9, 1901, 250 MS. Dom. Let. 139, enclosing translation of a
note of Jan. 2, 1901, from the Danish minister at Washington, relating to
the claim of Edmund Norrie.

The United States decided that the claims of its citizens, growing out of their arrest in Hawaii in connection with the revolt of January, 1895, were invalid, there being no evidence that there was any maltreatment of the claimants during their imprisonment, nor that their arrest was due to any cause other than the desire of the Government to make a thorough investigation, which resulted in showing that, although they were not in fact implicated, they were not imprisoned "without some ground of suspicion." The United States had therefore decided that their alleged illegal treatment "was justified by the circumstances, which were unusual." (Mr. Hill, Act. Sec. of State, to Viscount de Santo-Thyrso, Feb. 15, 1901, MS. Notes to Portuguese Leg. VII. 280.)

President's message, 1900.

"Much interesting information is given in the report of the governor of Hawaii as to the progress and development of the islands during the period from July 7, 1898, the date of the approval of the joint resolution of the Congress providing for their annexation, up to April 30, 1900, the date

of the approval of the act providing a government for the Territory, and thereafter.

"The last Hawaiian census, taken in the year 1896, gives a total population of 109,020, of which 31,019 were native Hawaiians. The number of Americans reported was 8,485. The results of the Federal census, taken this year, show the islands to have a total population of 154,001, showing an increase over that reported in 1896 of 44,981, or 41.2 per cent.

"There has been marked progress in the educational, agricultural, and railroad development of the islands."

President McKinley, annual message, Dec. 3, 1900.

See H. Report 305, 56 Cong. 1 sess.

10. SPANISH WEST INDIES (EXCEPT CUBA), PHILIPPINES, AND GUAM.

§ 109.

"Mr. PRESIDENT: Since three months the American people and the Message of Queen Spanish nation are at war, because Spain did not conRegent, July 22, sent to grant independence to Cuba and to withdraw her troops therefrom.

1898.

"Spain faced with resignation such uneven strife and only endeavored to defend her possessions with no other hope than to oppose, in the measure of her strength, the undertaking of the United States and to protect her honor.

"Neither the trials which adversity has made us endure nor the realization that but faint hope is left us could deter us from struggling till the exhaustion of our very last resources. This stout purpose, however, does not blind us, and we are fully aware of the responsibilities which would weigh upon both nations in the eyes of the civilized world were this war to be continued.

"This war not only inflicts upon the two peoples who wage it the hardships inseparable from all armed conflict, but also dooms to useless suffering and unjust sacrifices the inhabitants of a territory to which Spain is bound by secular ties that can be forgotten by no nation either of the old or of the new world.

"To end calamities already so great, and to avert evils still greater, our countries might mutually endeavor to find upon which conditions the present struggle could be terminated otherwise than by force of

arms.

All

"Spain believes this understanding possible and hopes that this view is also harbored by the Government of the United States. true friends of both nations share no doubt the same hope. "Spain wishes to show again that in this war, as well as in the one she carried on against the Cuban insurgents, she had but one object— the vindication of her prestige, her honor, her name. During the

war of insurrection it was her desire to spare the great island from the dangers of premature independence. In the present war she has been actuated by sentiments inspired rather by ties of blood than by her interests, and by the right belonging to her as mother country. "Spain is prepared to spare Cuba from the continuation of the horrors of war if the United States are on their part likewise disposed. "The President of the United States and the American people may now learn from this message the true thought, desire, and intention. of the Spanish nation.

"And so do we wish to learn from the President of the United States upon which basis might be established a political status in Cuba, and might be terminated a strife which would continue without reason should both Governments agree upon the means of pacifying the island.

"In the name of the Government of Her Majesty the Queen Regent I have the honor to address this message to your Excellency with the expression of my highest consideration."

Message of the Government of Her Majesty the Queen Regent of Spain, to the President of the United States, dated at Madrid, July 22, 1898; signed by the Duke of Almodovar del Rio, Minister of State; submitted by Mr. J. Cambon, French ambassador at Washington, to President McKinley. (For. Rel. 1898, 819.)

July 30, 1898.

"EXCELLENCY: The President received on the afternoon of Tuesday, the 26th instant, from the hand of his excellency the President's reply, ambassador of France, representing for this purpose the Government of Spain, the message signed by your excellency as minister of state in behalf of the Government of Her Majesty the Queen Regent of Spain, and dated the 22d instant, as to the possibility of terminating the war now existing between the United States and Spain.

"The President received with satisfaction the suggestion that the two countries might mutually endeavor to ascertain the conditions on which the pending struggle may be brought to an end, as well as the expression of Spain's belief that an understanding on the subject is possible.

"During the protracted negotiations that preceded the outbreak of hostilities, the President earnestly labored to avert a conflict, in the hope that Spain, in consideration of her own interests as well as those of the Spanish Antilles and the United States, would find a way for removing the conditions which had for half a century constantly disturbed the peace of the Western Hemisphere and on numerous occasions brought the two nations to the verge of war.

"The President witnessed with profound disappointment the frustration of his peaceful efforts by events which forced upon the people of the United States the unalterable conviction that nothing short of

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