could issue its exequatur covering the present provisional arrangement with respect to the commercial intercourse of Hawaii with foreign countries." Mr. Hay, Sec. of State, to Mr. White, ambass. to Germany, Jan. 10, 1899, For. Statements substantially the same may be found in Mr. Hay, Sec. of State, to See, also, Mr. Hay, Sec. of State, to Mr. Romano, Ital. chargé, Oct. 7, 1898, Mr. Hay, as Secretary of State, in a letter of January 27, 1899, informed Mr. Glade that, upon the annexation of the islands, his "diplomatic functions as the Hawaiian chargé d'affaires necessarily ceased," but that, under the terms of the joint resolution of July 7, 1898, his functions as consul-general would, till further legislation was enacted, "provisionally continue, subject to instructions to be given you by the Hawaiian Government, in all commercial matters, not inconsistent with the above referred to resolution, ... until the commercial dependency of the Hawaiian Islands upon the United States shall be regulated by law." (234 MS. Dom. Let. 282. See, also, Mr. Hay, Sec. of State, to Mr. White, amb. to Germany, Jan. 27, 1899, MS. Inst. Germany, XX. 635.) When the joint resolution of July 7, 1898, was passed, Mr. William Haywood was instructed, as United States consul-general at Honolulu, in view of the important connection of his office with the then-existing customs relations between the United States and Hawaii, to remain at his post till further notice. Again, on July 21, 1899, Mr. Hay, as Secretary of State, issued the following order: "In view of the anomalous condition of affairs between the United States and the Hawaiian Islands arising in consequence of the act of Congress approved July 7, 1898, providing for the annexation of those islands, and the failure of Congress to provide a form of government therefor, it is hereby ordered, until action by Congress is taken to effect a change in the existing conditions with those islands, that William Haywood, appointed secretary of legation and consul-general of the United States at Honolulu, June 1, 1897, be directed to continue as consul-general and sign as such, as a measure of urgent and public necessity; and that his salary be paid as heretofore from the appropriation for the annexation of the Hawaiian Islands." (238 MS. Dom. Let. 562.) Mr. Haywood's consular functions ceased at the close of June 13, 1900, the act of April 30, 1900, "to provide a government for the Territory of Hawaii," going into effect on the following day. (Mr. Cridler, Third Assist. Sec. of State, to Mr. Haywood, cons. gen. at Honolulu, May 23, 1900, 172 MS. Inst. to Consuls, 442.) The Department of State held that his consular bond would not cease to be in force "until after June 13, 1900, and then only upon the formal submission of his accounts and their auditing by the proper officers of the Treasury Department." (Mr. Cridler, Third Assist. Sec. of State, to the Fidelity and Casualty Co., May 31, 1900, 245 MS. Dom. Let. 345.) Mr. W. P. Boyd, who was appointed vice and deputy consul-general at Hoonlulu, June 20, 1892, was also regarded as authorized to continue to perform his duties as such after the joint resolution of July 7, 1898. (Mr. Adee, Second Assist. Sec. of State, to the Title Insurance & Trust Co., Oct. 18, 1899, 240 MS. Dom. Let. 548.) The United States consul at Buenos Ayres, where the Hawaiian Government was never represented, was instructed to act for Hawaiian commercial intercourse so far as was necessary and proper. (Mr. Hay, Sec. of State, to Mr. Buchanan, min. to Argentine Rep., tel., Nov. 17, 1898, For. Rel. 1898, 6. See, also, Mr. Hay, Sec. of State, to Sec. of the Treasury, Nov. 16, 1898, 232 MS. Dom. Let. 577.) "Cannot authorize captain [Hawaiian] schooner Americana hoist United States flag in absence Congressional legislation. Hawaiian vessels. Hawaii formally annexed August 12, but legislation necessary to carry into operation internal and foreign commercial arrangements." Mr. Hay, Sec. of State, to Mr. Buchanan, min. to Argentine Republic, tel., It was held by the Treasury Department that Hawaiian vessels could not be "I enclose. a copy of the Executive order of the President dated the 18th instant, directing that the issue of registers to vessels by the authorities of Hawaii, entitling such vessels to all the rights and privileges of Hawaiian vessels in the ports of nations or upon the high seas, shall hereafter cease.' "For your further information I also enclose copy of the opinion of the Attorney-General upon which the President's Executive order was issued." Mr. Adee, Acting Sec. of State, to Mr. Sewall, agent at Honolulu, Sept. 20 "I had the honor to receive your personal note of the 24th instant in which you express the apprehension of Her MajNavigation. esty's Government lest one of the results of the annexation of the Hawaiian Islands to the United States may be to interfere with the carrying trade between those islands and the United States, no inconsiderable portion of which is now done in British botYou state your understanding that there is at present nothing to preclude foreign vessels from trading between the United States and the Hawaiian Islands and that no legislation is contemplated which would interfere with the trade, and request information on these points. "As the question is one properly for the consideration of the Treasury Department, I referred your inquiries to the Secretary of the Treasury and am now in receipt of a letter from Acting Secretary Spaulding in reply. "Your understanding that there is at present no regulation to preclude foreign vessels from such trade, coincides with the view of the Treasury Department, based on an opinion of the Attorney-General, set forth in the appended circulars. "The Acting Secretary of the Treasury is, however, unable to concur in your further understanding that no legislation is contemplated which would interfere with this carrying trade. While he does not undertake to forecast the form which legislation by Congress may take, the general policy of this country to reserve to American vessels trade between American ports is so firmly established that its reaffirmation by Congress in the legislation providing for the extension of American laws to the Hawaiian Islands does not appear to him to be doubtful. He thinks it possible that this policy may be not put into effect until there has been an adjustment of American tonnage to meet the situation created by annexation, but he thinks it probable that at an early date trade between the United States and the Hawaiian Islands will be confined to American vessels. "It may be noted that, in obedience to traditional policy, trade between the United States and Porto Rico has already by regulation been confined to American vessels. "There would seem to be no occasion to apprehend serious interference with the carrying trade between the United States and the Hawaiian Islands as a result of such legislation as Congress may enact. The total combined entries and clearances of vessels from and to Hawaiian ports and ports of the United States during the fiscal year ended June 30, 1897, were 461 vessels of 361,173 net tons, of which 394 vessels of 283,211 net tons were American, and only 13 vessels of 19,040 tons were British. These figures do not include steamers which merely touch at Honolulu to leave or take on mail and a few cabin passengers and their baggage to and from Asiatic and Australian ports. With regard to these the American consul-general at Honolulu, under date of January 24, 1898, reported: "The majority of these steamers are British, and as they carry very little freight to and from these islands it is misleading to include them in any report of the nationality of vessels employed by the Hawaiians in their commerce with the world.'” Mr. Adee, Act. Sec. of State, to Sir J. Pauncefote, Brit. amb., Sept. 30, 1898, 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. 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 By the act of April 30, 1900, providing a government for the Territory of 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. Mr. Hay, Sec. of State, to Count Vinci, Italian chargé, Jan. 21, 1899, MS. Mr. Day, Assist. Sec. of State, to Mr. Sasse, April 21, 1898, stated, in reply Chinese. 66 It was held 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. 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. See opinion of Mr. Richards, Solicitor-General, Feb. 21, 1899, 22 Op. 353. |