Liliuokalani v. The United States

THE COMPLAINT FILED BY EX-QUEEN LILI’UOKALANI, November 20, 1909

Documents dated November 20, 1909 Archives, Honolulu, Hawaii REF HD243.H3 L55 1909

Liliuokalani vs. United States of America - PETITION - In the Court of Claims Kinney, Ballou, Prosser & Anderson, Attorneys for Petitioner, Honolulu, Hawaii

TO THE HONORABLE THE COURT OF CLAIMS:

Come now LILIUOKALANI, a citizen of the United States of America, and complaining of the United States of America is a claim in respect of which she would be entitled to redress against the United States in a court of equity if the United States were suable, alleges and shows as follows:

1

That heretofore, to wit, in the year 1848, Kamehameha III, King of the Kingdom of Hawaii, being owner and lord paramount of all the lands in said Kingdom of Hawaii, did surrender and forever make over unto the chiefs and people the greater part of his royal domain, reserving certain lands to himself as his own (page 1)

private property, which act was solemnized by an act duly passed by the house of Nobles and Representatives of the Hawaiian Islands in legislative council assembled entitled "As Act relating to the lands of His Majesty the King and of the Government," copy of which act is hereto attached, marked "Exhibit A" and made a part hereof.

2

That the lands by said act reserved to be private lands of His Majesty Kamehameha III were thereafter known as Crown Lands, and thereafter descended to His Majesty Kamehamahe IV and His Majesty Kamehameha V, successors in sovereignty of said Kamehameha III, excepting only such lands as were from time to time alienated by said Kamehameha III and Kamehameha IV.

3

That thereafter, to wit, in the year 1865, an act was duly passed by the King and the legislative assembly of the Hawaiian Islands in the legislature of the Kingdom assembled entitled "An Act to relieve the royal domain from encumbrances and to render the same inalienable," a copy of which act is hereunto attached, marked "Exhibit B" and made a part herof.

4

That under and by virtue of said last mentioned act said Crown Lands were rendered inalienable and all the rents, profits and emoluments derived from the said lands aftrer deducting the necessary and proper expenses of managing the same, were declared to be for the use and benefit of the reigning sovereign.

5

That thereafter, to wit, in the year 1866, the bonds mentioned in said "An Act to relieve the royal domain from encumbrances and to render the same inalienable" were assumed by the government of the Kingdom of Hawaii and the Crown Lands relieved of further charge concerning the same, all of which more fully appears by a resolution of the legislative assemably approved July 6, 1866, a copy of which is hereto attached marked "Exhibit C" and made a part hereof. (page 2)

6

That thereafter, to wit, in the year 1882, one Claus Spreekels, having acquired a claim on said Crown Lands by the purchase of the interest, if any, of Ruth Keelikolani, one of the heirs at law of Kamehameha V, said claim was compromised by the conveyance to Claus Spreckles of the Ahupuaa of Wailuku in the Island of Maui, and the conveyance by Claus Spreckels to the Commissioners of Crown Lands of all the right, title and interest of him the said Claus Spreckles in and to the residue of the Crown Lands, which compromise was made in accordance with and by authority of an act entitled "An Act to authrorize the Commissioners of Crown Lands to convey certain portions of such lands to Claus Spreckels in satisfaction of all claims he may have on said lands." A copy of which act is hereto attached. Marked "Exhibit D." and made a part hereof.

7

That thereafter, to wit, in the year 1890 certain unassigned lands were duly declared to be a part of the Crown Lands by an act entitled "An Act to Declare Certain Lands to be part of the Crown Lands and Royal Domain" as more fully appears by said act, a copy of which is hereto attached, marked "Exhibit E," and made a part hereof.

8

That on the 20th day of January 1891 your petitioner, under and by virtue of the constitution and laws of the Kingdom of Hawaii became Queen of the Kingdom of Hawaii succeeding her brother, the late King Kalakaua, and thereupon under and by virtue of the constitution and laws of said Kingdom of Hawaii became vested with a life interest in and to all the rents, profits and emoluments derived from said Crown Lands after deducting the necessary and proper expenses of managing the same.

9

That thereafter, to wit, on the 17th day of January 1893 your petitioner was deposed by a revolutionary government and on said 17th day of January 1893 yielded her authority to said Provisional Government under the following protest duly signed and transmitted to said Provisional Government, to wit:

"I, Liliuokalani, by the grace of God and under the constitution of the Hawaiian Kingdom, Queen, do hereby solemnly pro - (page 3)

test against any and all acts done against myself and the constitutional government of the Hawaiian Kingdom by certain persons claiming to have established a provisional government of and for this Kingdom.

That I yield to the superior force of the United States of America, whose minister plenipotentiary, his excellency John L. Stevens, has caused United States troops to be landed at Honolulu and declared that he would support the provisional government.

Now, to avoid any collision of armed forces and perhaps the loss of life, I do, under this protest and impelled by said force, yield my authority until such time as the Government of the United States shall, upon the facts being presented to it, undo the action of its representative and reinstate me and the authority which I claim as the constitutional sovereign of the Hawaiian Islands."

(signed)) LILIUOKALANI.

10

That thereafter, to wit, on July 4th A.D. 1894 said Provisional Government was succeeded by a government known as the Republic of Hawaii, the constitution of which government provided, among other things, as follows.

"That portion of the public domain heretofore known as Crown Land is hereby declared to have been heretofore, and now to be, the property of the Hawaiian Government, and to be now free and clear from any trust of or concerning the same, and from all claim of any nature whatsoever, upon the rents, issues and profits thereof. It shall be subject to alienation and other uses as may be provided by law. All valid leases thereof now in existence are hereby confirmed."

11

That thereafter, to wit, in the year 1897 the said Republic of Hawaii signified its consent in the manner provided by its constitution to cede to the United States of America all its rights of sovereignty, and also to cede and transfer to the United States the absolute fee and ownership of all public, government or Crown Land and other property, which cession was accepted by a joint resolution of the Congress of the United States entitled "Joint Resolution to provide for anexing the Hawaiian Islands to the United States," all of which more fully appears by (page 4)

the resolution of the Senate of Hawaii ratifying the treaty of annexation, a copy of which is hereto attached, marked "Exhibit F" and made a part hereof, and by said Joint Resolution to provide for annexing the Hawaiian Islands to the United States, a copy of which is hereto attached and marked "Exhibit G" and made a part hereof.

12

That thereafter, to wit, on August 12, 1898, the transfer of sovereignty and the cession of all public lands including said Crown Lands took place, and the legal title to said Crown Lands thereupon became and is now vested in the United States of America.

13

That thereafter, to wit, in the year 1900 an act entitled "An Act to provide a government for the Territory of Hawaii" was duly enacted by the Senate and House of Representatives of the United States of America in Congress assembled, said act containing the following provisions, to wit:

"Sec. 99. That the portion of the public domain heretofore known as Crown Land is hereby declared to have been, on the twelfth day of August, eighteen hundred and ninety-eight, and prior thereto, the property of the Hawaiian Government, and to be free and clear from any trust of or concerning the same, and from all claim of any nature whatsoever, upon the rents, issues, and profits thereof. It shall be subject to alienation and other uses as may be provide by law."

14

That no other or further steps than above set forth having been taken to divest your petitioner of her equitable life interest in the rents, profits and emoluments of said Crown Lands, and your petitioner alleges in this connection that said Section 99 of the Act of April 30, 1900, in so far as it purports to extinguish or deny her claim to such equitable life interest is taking of property without due process of law contrary to 5th Amendment of the Constitution of the United States, and is unconstitutional and void. (page 5)

15

That the United States of America became seized of the legal title to said Crown Lands with full notice of the rights of your petitioner therein.

16

That the United States of America, having become so seized of the legal title to said Crown Lands, whereof, your petitioner has a vested equitable life interest, holds the same as Trustee for your petitioner to the extent of her interest therein, and ought in equity and good conscience to account to your petitioner for, and to pay to her, all the rents, profits and emoluments derived from said Crown Lands after deducting the necessary and proper expenses of managing the same, for and during the term of her natural life.

17

That portions of said Crown Lands have been reserved by the United States of America for use as military and naval stations, that other portions have been proclaimed forest reserves, that other portions have been alienated and sold, and that the remaining portions are in the possession, use and control of the government of the Territory of Hawaii, under and by virtue of the provisions of Section 91 of the said Act of April 30, 1900 being "An Act to provide a Government for the Territory of Hawaii."

18

That petitioner claims of the United States of America the sum of Four Hundred and Fifty Thousand Dollars ($450,000.00) as and for the net rents, profits and emoluments derived from said Crown Lands during the six years next preceding the filing of this petition, after deducting the necessary and proper expenses of managing the same.

19

That your petitioner is sole owner and the only person interested in this claim, that no assignment or transfer of said claim or of any part thereof or interest therein has been made; that said claim has not been presented to Congress or any Department, except that bills for the relief of your petitioner have been intro- (page 6)

duced in Congress from time to time and referred to committees, but no report of any committee either favorable or adverse has ever been made and no action taken on such bills by either House of Congress, that claimant is justly entitled to the amount herein claimed from the United States, after allowing all just credits and set-offs; that the claimant has at all times since becoming a citizen of the United States borne true allegiance to the Government of the United States and has not in any way voluntarily aided, abetted or given encouragement to rebellion against the said government, and that she believes the facts as stated in this petition to be true.

WHEREFORE your petitioner prays:

First: That the United States of America be summoned to appear and answer this complaint and be bound by the proceedings herein.

Second: That the United States be decreed to be a Trustee of the Crown Lands herein before specified for the use and benefit of your petitioner so far as her equitable life interest in said Crown Lands is concerned.

Third: That the United States be decreed to pay to your petitioner said sum of Four hundred and Fifty Thousand Dollars ($450,000.00), or in the alternative that the United States be decreed to account to your petitioner for the rents, profits and emoluments derived from said Crown Lands after deducting the necessary and proper expenses of managing the same, for the period of six years next preceding the date of filing this petition.

Fourth: For costs and for such other, further and general relief as to the court seems meet.

LILIUOKALANI.

KINNEY, BALLOU, PROSSER & ANDERSON, Attorneys for petitioner.

TERRITORY OF HAWAII ) CITY AND COUNTY OF HONOLULU) SS

LILIUOKALANI, being duly sworn on oath, deposes and says, that she is the petitioner named in the foregoing petition, that she has read said petition and knows the contents thereof and that all and singular the matters and things therein alleged are true to her own knowledge. (page 7)

Subscribed and sworn to before me this 10th day of November, 1909.

WM. B. LYMER, Notary Public First Judicial Circuit, Territory of Hawaii (Seal) LILIUOKALANI EXHIBITS A-G attached (Archives, Honolulu, Hawaii)

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THE DECISION OF THE U.S. COURT OF CLAIMS, May 16, 1910

The following has been transcribed exactly as it appears in the official record book of the U.S. Court of Claims, Volume 45, for the year 1910, beginning on page 418. Page numbers are indicated in [square brackets]. When a word is broken between two pages in the official record, the same break has been transcribed here. Several typographical errors present in the official record have been preserved here. Great care has been taken to ensure the accuracy of this transcription, and special thanks are owed to Sandra Puanani Burgess.

LILIUOKALANI v. THE UNITED STATES. 45 Ct. Claims 418 (1910)

[page 418]

[No. 30577. Decided May 16, 1910]

On the defendants' Demurrer.

The claimant became Queen of the Hawaiian Islands in January, 1891. Two years later she yielded her authority by an instrument abdicating the throne. After a brief provisional government the Republic of Hawaii was established. In 1898 the islands were annexed to and became part of the United States. She now seeks to recover the value of the crown lands, which passed to the United States with the annexation of the islands.

[page 419]

ARGUMENT FOR THE CLAIMANT

I. It was determined in 1864, by a decision of the supreme court of Hawaii, that the crown lands formed an estate presumably vested in fee simple in the Crown as distinguished from the personality of the sovereign, and yet so limited as to possession and descent as to be abhorrent to an estate in fee simple absolute.

II. The Hawaiian statute of 1865 curtailed the title vested in the King to the purpose of maintaining the royal state and dignity; and the King approved the statute which divested the sovereign of whatever legal title he had theretofore had in the crown lands. After that the lands belonged to the office and not to the individual.

III. When the office of King ceased to exist, the crown lands became like other lands, the property of the sovereignty, and on the annexation of the islands, passed to the United States as part of the public domain. The constitutional provisions relating to the crown lands set forth.

The Reporters' statement of the case:

The facts alleged in the petition are sufficiently stated in the opinion of the court.

Mr. S. S. Ashbaugh (with whom was Mr. Assistant Attorney-General John Q. Thompson) for the demurrer.

Mr. Sidney M. Ballou opposed. Kinney, Ballou, Prosser, and Anderson were on the brief:

It is evident that this is not only an attempted confiscation of the interest of the petitioner but also that it contains a great deal of what can only be described as "special pleading." The crown land is described as a "portion of the public domain" whereas as we have already seen "it was clearly the intention of Kamehameha III to protect the lands * * * from the danger of being treated as public domain" (Estate of Kamehameha IV, 2 Haw., 715), and in the entire history of Hawaii the word public had never been applied to the crown land, but on the contrary the word private had been repeatedly and emphatically applied. The crown land is then declared to have been heretofore the property of the Hawaiian Government, a declaration absolutely opposed to every fact in the history of the crown land be-

[ page 420 ]

ginning with the express separation of the reserved lands of Kamehameha III into government and crown land, giving the great majority to the Hawaiian Government, the very object of the decision being to reserve to the King certain lands which could not by any possibility be treated as the property of the Government.

Even this constitutional provision, however, could not deny the existing trust in favor of the petitioner, the emphatic word " now" being clearly expressive of a present intention to terminate that trust by arbitrary fiat.

Since annexation there has been no pretense that the declaration of the constitutional convention was historically accurate, or that it was anything but arbitrary confiscation.

If, as fully established by the public history of Hawaii, the crown lands were originally the private lands of the monarch and the equitable life interest into which they were finally resolved was the private property of the petitioner, it is hardly necessary to cite authorities that this interest was not subject to confiscation under international law. The subject has a pathetic interest from the fact that the King originally owning the entire public domain gave up the greater portion of it to the Government as government lands for the express purpose of preserving the remainder from the fate which finally overtook it.

"It may not be unworthy of remark that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged if private property should be generally confiscated and private rights annulled." (Marshall, D. J., in the U.S. v. Percheman, 7 Peters, 51, 86.)

When the manifest destiny of the United States demanded the acquisition of certain rights in the Isthmus of Panama as it demanded the possession of the strategic out post controlling the North Pacific, it did not take it from the existing Government. In both cases there was a domestic revolution, and the revolutionary government turned over to the United States the sovereignty desired. With the ne-

[ page 421 ]

cessity or propriety of the transaction or the degree of complicity of the United States in each individual instance this court has no concern. They are matters of the executive branch of the Government, and the judiciary can only accept the political status as determined by the executive. When, however, the transaction involves the rights of private property not subject to confiscation under the rules of international law, we submit that a different question arises and one of which this court has jurisdiction. If this method of annexation can be used not only for the transfer of sovereignty, but also for the extinguishment while in the hands of the temporary revolutionary government of any inconvenient rights of private property, it may readily be imagined to what length the doctrine may be carried in the future. The United States takes the sovereignty and all public property appertaining thereto free from any obligation save that dictated by the conscience of the legislative and executive branches, which in almost every case but the present has been met by generous remuneration, even for the public property acquired. Even in the present instance several abortive efforts have been made to recompense the petitioner in this case.

We are, of course, aware that this court does not undertake to enforce moral obligations of the United States, but that, in its capacity as a court of equity, it acts only in accordance with recognized equitable principles. Nevertheless, it is equally important to remember that a court of equity is primarily a court of conscience, and that the claim of an unconscientious retention of the right of the petitioner is one which particularly appeals to such a court. In the present case we believe the following well recognized principles to be applicable:

"Acquisition of trust property by a volunteer or purchaser with notice.

"Wherever property, real or personal, which is already impressed with or subject to a trust of any kind, express or by operation of law, is conveyed or transferred by the trustee, not in the course of executing and carrying into effect the terms of an express trust, or devolves from a trustee to a third person, who is a mere volunteer, or who is a purchaser

[ page 422 ]

Argument for the claimant.

with actual or constructive notice of the trust, then the rule is universal that such heir, devisee, successor, or other voluntary transferee, or such purchaser with notice acquires and holds the property subject to the same trust which before existed, and becomes himself a trustee for the original beneficiary. Equity impresses the trust upon the property in the hands of the transferee or purchaser, compels him to perform the trust if it be active, and to hold the property subject to the trust, and renders him liable to all the remedies which may be proper for enforcing the rights of the beneficiary. It is not necessary that such transferee or purchaser should be guilty of positive fraud or should actually intend a violation of the trust obligation; it is sufficient that he acquires property upon which a trust is in fact impressed, and that he is not a bona fide purchaser for a valuable consideration and without notice. This universal rule forms the protection and safeguard of the rights of beneficiaries in all kinds of trust; it enables them to follow trust property -- lands, chattels, funds of securities, and even of money -- as long as it can be identified, into the hands of all subsequent holders who are not in the position of bona fide purchasers, for value and without notice; it furnishes all those distinctively equitable remedies which are so much more efficient in securing the beneficiary's rights than the mere pecuniary recoveries of the law." (3 Pomeroy Eq. Juris., sec. 1048.)

"Upon similar principles, wherever the property of a party has been wrongfully misapplied, or a trust fund has been wrongfully converted into another species of property, if its identity can be traced, it will be held, in its new form, liable to the rights of the original owner, or cestui que trust. The general proposition, which is maintained both at law and in equity upon this subject, is that if any property, in its original state and form is covered with a trust in favor of the principal, no change of that state and form can divest it of such trust, or give the agent or trustee converting it or those who represent him in right (not being bona fide purchasers for a valuable consideration without notice) any more valid claim in respect to it than they respectively had before such change." (2 Story Eq. Juris., sec. 1258.)

It is with the deprivation of the petitioner's property right we are concerned. It is not denied that strenuous efforts have been made to deprive her of this right, legally as well as in fact. With the exception of a brief period of martial law, the courts of the provisional government and the Republic of Hawaii were open and it must have been foreseen that the petitioner's claim to the profits of the crown land

[ page 423 ]

was too obvious to be resisted. The only remedy was the insertion of the express arbitrary denial of the claim in the constitution of the Republic itself, so that the courts sitting under the same constitution could not recognize the claim. The declaration in question, as has already been shown, sufficiently appears by its language to be the arbitrary fiat of the sovereign power. So far as the claim that the crown land was "heretofore * * * the property of the Hawaiian Government," unless the word "heretofore" be restricted to the eighteen months of the provisional government, it is sufficiently negatived by the language of the act of 1845 and the act of 1865. Nor was it pretended that there had not been a trust previously existing in favor of the petitioner and an equitable right in her to the rents, issues, and profits, the emphatic word "now" being sufficient to show that the declaration was intended as a confiscation of those rights.

It is not denied that this enactment was sufficient to preclude petitioner from seeking relief in any court existing under the Republic of Hawaii. The fear of this claim seems to have survived annexation, however, as the same provision was placed by Congress in the organic act of the new Territory. It appears to us that the validity of the petitioner's present claim depends on the answer to the following questions:

(1) Was the petitioner's right extinguished by the constitutional provision of the Republic of Hawaii or merely suspended?

(2) Was it extinguished by the confiscatory declaration in the organic act?

To the first question it seems as though a court of equity and good conscience could return but one answer. If the petitioner's acknowledged equitable right is taken and held by force, the enforcement of such right may be suspended through the impotency of the courts to reach it for the time being, but when the parties, i. e., the equitable claimant and the holder of the legal title, come again within the influence of equitable jurisdiction and a court of equity has power to act in the premises, surely every consideration of equity and good conscience demands that the equitable claimant, suing

[ page 424 ]

under well recognized equitable principles, shall be given her rights. No court of equity, in applying the general principles above quoted, has ever recognized the principle that if any intermediate holder of the property is for any reason beyond the process of the court the equities of the beneficiary are forever extinguished.

The answer to the second question is equally apparent. The petitioner can not be deprived of her vested interest by any statutory declaration such as that contained in section 99 of the organic act of the Territory of Hawaii. That this would be a deprivation of property without due process of law, contrary to the constitutional provision, is so obvious that, until the proposition is challenged we are content to leave it without argument.

BOOTH, J., DELIVERED THE OPINION OF THE COURT:

This is a demurrer to claimant's petition. The claimant, Liliuokalani, was formerly Queen of the Hawaiian Islands. Her cause of action is predicated upon an alleged "vested equitable life interest" to certain lands described in the petition, known as "crown lands," of which interest she was divested by the defendants. It is conceded that the absence of such an interest rendered the crown lands subject to the ususal transmission of title appurtenant to a change of sovereignty. The solution of the question involves a detailed examination of the various acts of the Hawaiian legislative body and reference to various sections of the Hawaiian constitutions, which for convenience will be set forth as an appendix to this opinion.

The origin of the crown lands and history connected therewith is epitomized by Justice Robertson in an exhaustive opinion in 2 Haw., 715. Previous to the reign of Kamehameha III a system of land tenure akin to the ancient feudal system prevailed in the islands. In 1839 the dissatisfaction and disputes engendered by the payment of rents, the rendition of personal service, etc., imposed upon landholders, encouraged the King to bring about a settled policy with reference to land titles. In 1840 Kamehameha III granted the first constitution, in which it is recited that:

[ page 425 ]

"Kamehameha I was the founder of the Kingdom, and to him belonged all the land from one end of the islands to the other, though it was not his own private property. It belonged to the chiefs and people in common, of whom Kamehameha I was the head and had the management of the landed property." In another clause it is provided that all lands forfeited for nonpayment of taxes shall revert to the King. (Fundamental Laws of Hawaii.) In 1846 a board of land commissioners was appointed by law, charged with the duty of dividing the rights of the various individuals in lands, and quieting titles thereto, and finally, in March, 1848, the King "signed and sealed two instruments contained in the Mahele book," by which he demised specified lands described therein to the chiefs and people and reserved unto himself the lands now in suit, then and ever afterwards known as the crown lands. On June 7, 1848, the legislature for the islands confirmed the action of the King, and thereafter all portions of the royal domain except the reserved crown lands were treated as public domain and managed and disposed of by appropriate legislation. The title to the crown lands was vested in the Sovereign; he leased and alienated the same at his pleasure; the income and profits therefrom were his without interference or control. In January, 1865, the unlimited latitude allowed the King in the control of the crown lands found them charged with mortgages to secure sums of money which threatened their extinguishment, and the legislature, by the act of January 3, 1865, relieved the lands from the oppression of the mortgages, by the issuance of bonds, provided against their alienation, and put their management and control in the hands of commissioners as provided in the act. Subsequently, on July 6, 1866, the legislature relieved the crown lands from the liquidation of the bonds previously provided for, and the Government assumed and paid the mortgage debt.

The claimant became Queen of the islands on January 20, 1891, succeeding her brother, King Kalakaua. On January 17, 1893, she yielded her authority over the islands by an instrument in writing, abdicated her throne, and was succeeded in authority by a provisional government. On July

[ page 426 ]

4, 1894, said provisional government was succeeded by a government known as the Republic of Hawaii, and thereafter the Hawaiian Islands were peaceably, upon request, on August 12, 1898 annexed to and became a part of the United States of America.

The history of the Hawaiian Islands from the earliest time to the ascension of Kamehameha I is the usual story of conquest. Kamehameha I established a monarch; his title and sovereignty was the usual one of conquest, and while the attendant civilization was much advanced the King retained his sovereign authority and prerogatives. The act of Kamehameha III in 1848 was, as before observed, the culmination of numerous dissensions as to land tenures, and the King divided the public domain as hereinbefore set forth. Since 1848 the crown lands have descended to the reigning sovereign. At the April term of the Supreme Court of Hawaii in 1864 the nature and extent of the King's title in the crown lands was squarely before the court, and the court in an exceedingly able opinion held that under said act "the lands descended in fee, the inheritance being limited, however, to the successors to the throne, and each successive power may regulate and dispose of the same according to his will and pleasure, as private property, in like manner as was done by Kamehameha III."

Taking the language of the court we find an estate in lands presumably vested in fee simple in so far as the Crown is concerned, as distinguished from the personality of the Sovereign, and yet limited as to possession and descent by conditions abhorrent to a fee-simple estate absolute. The act of 1865 further curtails the title vested in the King. The preamble of the act recites expressly the nature and extent of the King's tenure, "for the purpose of maintaining the royal state and dignity," followed by appropriate legislation to thereafter prevent their alienation or incumbrance.

The act of 1865 to become effective under the Hawaiian constitution required the approval of the King. (Fundamental Laws of Hawaii, p. 172.) On January 3, 1865, Kamehameha V approved the statute which expressly divested the King of whatever legal title or possession he

[ page 427 ]

theretofore had in or to the Crown lands. (6 Haw., 195-208.) The Hawaiian Government in 1865 by its own legislation determined what the court is now asked to determine.

The decision of the court in 2 Haw., supra, was some time previous to the passage of the act of 1865, and although the court sustained the right of dower in the widow of the King, it is clear from the opinion that the crown lands were treated not as the King's private property in the strict sense of the term. While possessing certain attributes pertaining to fee simple estates, such as unrestricted power of alienation and incumbrance, there were likewise enough conditions surrounding the tenure to clearly characterize it as one pertaining to the support and maintenance of the Crown, as distinct from the person of the Sovereign. They belonged to the office and not to the individual. Significant in this connection is the transaction with Claus Spreckels in July, 1882. Her Highness Ruth Keelikolani, sister and heir of Kamehameha V, though never succeeding to the throne, conveyed to Spreckels all her interest in the crown lands. The sovereign authorities hastened to dispute the transaction, and subsequent legislation by way of compromise restored the attempted conveyance to the general body of the crown lands. (Appendix, p. 8.) Since 1865, so far as the record before us discloses, the character of the crown lands has not been changed; they have passed to the succeeding monarch. The income, less expense of management, has been used to support the royal office and treated as belonging to the Crown. All other property of the King has uniformly passed to his heirs regardless of his royal successor.

The court in 2 Haw., 722, in commenting upon the motives of the King in executing the conveyances of March 8, 1848, attributes the establishment of the crown land estate to a desire to prevent the impoverishment of the Sovereign in the event of a successful foreign invasion. This statement has been seized upon and assiduously emphasized by the claimant. It is not in harmony with the detailed history given by the court in its opinion. On page 719 the court says: "It was the imperative necessity of separating and defining the rights of the several parties interested in the

[ page 428 ]

lands which led to the institution of the board of land commissioners, and to the division made by the King himself, with the assistance of his privy council." It was in fact the usual contest between the monarch and his people. Certainly under a monarchy it would be unusual for the reigning sovereign to divest himself of all landed property; always jealous of the dignity attached to the Crown they were likewise alert in securing sufficient revenue to support its royal pretensions.

Kamehameha III reorganized the Government, granted a constitution, organized executive departments, established courts, and otherwise extended the liberties of his people and protected their rights of property. Suppose that during the progress of his reign a pretender for the throne had successfully established his claim and deposed the monarch without changing the existing governmental conditions. Is it possible that Kamehameha III could have recovered the rents and profits from the crown lands during the remainder of his life? (Fundamental Laws of Hawaii.)

It seems to the court that the crown lands acquired their unusual status through a desire of the King to firmly establish his Government by commendable concessions to his chiefs and people out of the public domain. The reservations made were to the Crown and not the King as an individual. The crown lands were the resourceful methods of income to sustain, in part at least, the dignity of the office to which they were inseparably attached. When the office ceased to exist they became as other lands of the Sovereignty and passed to the defendants as part and parcel of the public domain. (O'Reilly de Camara v. Brooke, 209 U. S., 45; Hijo v. United States, 194; Sanchez v. United States, 216 U. S., 167.)

The constitution of the Republic of Hawaii, as respects the crown lands, provided as follows:

"That portion of the public domain heretofore known as crown land is hereby declared to have been heretofore, and now to be, the property of the Hawaiian Government, and to be now free and clear from any trust of or concerning the same, and from all claim of any nature whatsoever upon the rents, issues, and profits thereof. It shall be subject to alienation and other uses as may be provided by law. All valid leases thereof now in existence are hereby confirmed."

[ page 429 ]

Section 99 of the organic act of 1900 (31 Stat. L., 161) adopts substantially the same language. We have not entered into a discussion of the defenses predicated upon the above provisions of law, believing the case disposed of before we reached them. It is, however, worthy of note that the organic act of 1900 puts an end to any trust -- if the same possibly existed -- and the petition herein was not filed until January 20, 1910, more than six years thereafter.

Demurrer sustained, with leave to the claimant to amend her petition within ninety days.

APPENDIX.

[ TRANSLATION OF THE GREAT MAHELE OR DIVISION OF LANDS BY THE KING. ]

Know all men by these presents, that I, Kamehameha III, by the grace of God, King of these Hawaiian Islands, have given this day of my own free will, and have made over and set apart forever to the chiefs and people the larger part of my royal land, for the use and benefit of the Hawaiian Government ; therefore, by this instrument I hereby retain (or reserve) for myself and for my heirs and successors forever my lands inscribed at pages 178, 182, 184, 186, 190, 200, 204, 206, 210, 212, 214, 216, 220, 222 of this book; these lands are set apart for me and for my heirs and successors forever as my own property exclusively.

Know all men by these presents, that I, Kamehameha III, by the grace of God, King of these Hawaiian Islands; do hereby give, make over, and set apart forever to the chiefs and people of my Kingdom, and convey all my right, title, and interest in the lands situated here in the Hawaiian Islands, inscribed on pages 179 to 225, both inclusive, of this book, to have and to hold to my chiefs and people forever.

AN ACT RELATING TO THE LANDS OF HIS MAJESTY THE KING AND OF THE GOVERNMENT.

Whereas it hath pleased His Most Gracious Majesty Kamehameha III, the King, after reserving certain lands to himself as his own private property, to surrender and forever make over unto his chiefs and people the greater portion of his royal domain;

And whereas it hath pleased our Sovereign Lord the King to place the lands so made over to his chiefs and people in the keeping of the House of Nobles and Representatives, or such person or persons as they may from time to time appoint, to be disposed of in such manner as the House of

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Nobles and Representatives may direct, and as may best promote the prosperity of this Kingdom and the dignity of the Hawaiian Crown: Therefore,

Be it enacted by the House of Nobles and Representatives of the Hawaiian Islands in Legislative Council assembled:

That, expressing our deepest thanks to His Majesty for this noble and truly royal gift, we do hereby solemnly confirm this great act of our King and declare the following-named lands, viz:

(Here follows a description of the lands.)

To be the private lands of His Majesty Kamehameha III, to have and to hold to himself, his heirs, and successors, forever; and said lands shall be regulated and disposed of according to his royal will and pleasure, subject only to the rights of tenants.

And be it further enacted, That we do hereby, in the name of the chiefs and people of the Hawaiian Islands, accept of the following lands, viz:

(Here follows a description of the lands.)

Made over to the chiefs and people by our Sovereign Lord the King, and we do hereby declare those lands to be set apart as the lands of the Hawaiian Government, subject always to the rights of tenants. And we do hereby appoint the minister of the interior and his successors in office to direct, superintend, and dispose of said lands, as provided in the act to organize the executive departments, done, and passed at the Council House in Honolulu, the 27th day of April, A. D. 1845: Provided, however, That the minister of the interior and his successors in office shall have the power, upon the approval of the King in Privy Council, to dispose of the government lands to Hawaiian subjects upon such other terms and conditions as to him and the King in Privy Council may seem best for the promotion of agriculture and the best interests of the Hawaiian Kingdom.

And be it further enacted, That, in accordance with ancient custom, the following land, viz:

(Here follows a description of the lands.)

Shall be the same are hereby set apart for the use of the fort in Honolulu, to be cultivated by soldiers and other tenants under the direction of the governor of Oahu and his successors in office, native-born chiefs of the Hawaiian Islands, according to the instructions of the minister of the interior and his successors in office, approved by the King in Privy Council.

Done and passed at the Council House in Honolulu this 7th day of June, A. D. 1848.

Kamehameha.

KEONI ANA.

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AN ACT TO RELIEVE THE ROYAL DOMAIN FROM INCUMBRANCES AND TO RENDER THE SAME INALIENABLE

Whereas by the act entitled "An act relating to the lands of His Majesty the King and of the Government," passed on the 7th day of June, A. D. 1848, it appears by the preamble that His Most Gracious Majesty Kamehameha III, the King, after reserving certain lands to himself as his own private property, to surrender and make over unto his chiefs and people the greater portion of his royal domain; and whereas by the same act it was declared that certain lands therein named shall be the private lands of Kamehameha III, to have and to hold to himself, his heirs, and successors forever, and that the said lands shall be regulated and disposed of according to his royal will and pleasure, subject only to the rights of tenants; and whereas by the proper construction of the said statute the words "heirs and successors" mean the heirs and successors to the royal office ; and whereas the history of said land shows that they were vested in the King for the purpose of maintaining the royal state and dignity, and it is therefore disadvantageous to the public interest that the said lands should be alienated or the said royal domain diminished; and whereas, further, during the two late reigns the said royal domain has been greatly diminished and is now charged with mortgages to secure considerable sums of money: Now, therefore,

Be it enacted by the King and the Legislative Assembly of the Hawaiian Islands, in the Legislature of the Kingdom assembled:

SECTION 1. The minister of finance is hereby authorized to issue exchequer bonds, with coupons attached, to the amount of not more than $30,000, said bonds to bear interest at not more than 12 per cent per annum, payable half yearly, and to be redeemable at such times within the next twenty years as the said minister of finance shall deem expedient, which said bonds shall be issued whensoever necessary to the commissioners of crown lands, hereinafter provided for, to be used to extinguish those mortgages which may remain unsatisfied after the administrator of his late Majesty's estate has exhausted all the estate belonging to his late Majesty, in a private capacity, which the said administrator may be legally entitled to use for the payment of the debts of the estate.

SEC. 2. Full authority is hereby given to such commissioners, jointly with the minister of finance, to negotiate for the redemption of the mortgages in the preceding section referred to, and dispose of the said exchequer bonds for that purpose in such manner as may be most advantageous to the public interest.

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SEC. 3. It is further enacted that so many of the lands which by the statute enacted on the 7th of June, 1848, are declared to be the private lands of His Majesty Kamehameha III, to have and to hold to himself, his heirs, and successors forever, as may be at this time unalienated, and have descended to His Majesty Kamehameha V, shall be henceforth inalienable, and shall descend to the heirs and successors of the Hawaiian Crown forever; and it is further enacted that it shall not be lawful hereafter to execute any lease of leases of the said lands for any term of years to exceed thirty.

SEC. 4. The commissioners of the crown lands shall have full power and authority to make good and valid leases of the said lands for any number of years not exceeding thirty; but in no case shall it be lawful to collect the rents on the same for more than one year in advance, or to receive anything in the nature of a bonus for signing the said lease, and all the rents, profits, and emoluments derived from the said lands, after deducting the necessary and proper expenses of managing the same, shall be for the use and benefit of the reigning sovereign, and payable by the said commissioners to the order of the King, except when the King shall be a said minor King, as the legislature may direct, until the said minor shall have arrived at the age of majority, and excepting further as in the succeeding section set forth.

SEC. 5. There shall be set apart by the said commissioners one-fourth part of the annual revenue of the said estate, which shall be paid into the public treasury and be devoted first to the payment of the interest on the exchequer bonds herein above provided for, and so much of the said fourth part of the said income as may be in excess of the said interest on the said bonds shall be applied to the payment of the principal of the said bonds until the entire sum by this act authorized to be issued shall be fully paid.

SEC. 6. The board shall consist of three persons, to be appointed by His Majesty the King, two of whom shall be appointed from among the members of his cabinet council, and serve without any remuneration, and the other shall act as land agent, and shall be paid out of the revenue of the said land such sum as may be agreed by His Majesty the King.

Approved this 3d day of January, A. D. 1865.

KAMEHAMEHA R.

RESOLUTION.

Whereas this Legislative Assembly has become apprised that nearly all of the revenue of the royal domain, accruing

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since the death of his late Majesty Kamehameha IV, of gracious memory, has been used to liquidate the debts with which the estate had been burdened during his late Majesty's lifetime, so that His Majesty, our most gracious Sovereign, to this time has derived but small advantage therefrom;

And whereas this Assembly has likewise been apprised that the amount of indebtedness upon the said estate at the time of his late Majesty's decease was very large, and greatly exceeded the amount, which was supposed to be due;

And whereas this Legislative Assembly gratefully appreciate the consideration of His Majesty in allowing nearly the entire revenue of the estate to be devoted to the liquidation of the debt;

And whereas more especially this Assembly and the nation gratefully appreciate His Majesty's generosity in consenting to the limitation of the royal domain, as at present by law provided:

Now therefore be it resolved, That this Legislative Assembly do, in the name of the Hawaiian Nation, assume the payment of the exchequer bonds issued by the minister of finance to the commissioners of crown lands, by virtue of Section I of "An act to relieve the royal domain from incumbrances, and to render the same inalienable," passed on the 3d day of January, A. D. 1865; and do hereby discharge the commissioners of crown lands having in charge the said domain, and their successors in office, from all liabilities to pay the said bonds, princial or interest, or any part thereof.

Approved this 6th day of July, A. D. 1866.

KAMEHAMEHA R.

AN ACT TO AUTHORIZE THE COMMISSIONERS OF CROWN LANDS TO CONVEY CERTAIN PORTIONS OF SUCH LANDS TO CLAUS SPRECKELS IN SATISFACTION OF ALL CLAIMS HE MAY HAVE ON SUCH LANDS.

Whereas Claus Spreckels claims to be entitled to an undivided moiety of the lands known as crown lands, by virtue of conveyance from Her Highness Ruth Keelikolani; and

Whereas it is expedient and advisable that such claims should be satisfied or compromised: Therefore

Be it enacted by the Legislative Assembly of the Hawaiian Islands in the Legislature of the Kingdom assembled:

SECTION 1. The commissioners of crown lands are hereby authorized and empowered to make proper deeds of assurance to the said Claus Spreckels, of the several lands specified in the schedule hereto, in full satisfaction and discharge of all claims the said Claus Spreckels may have or claim in the said lands known as crown lands.

SEC. 2. Before receiving such deeds or assurances the said Claus Spreckels shall, by proper assurance, convey, relin-

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quish, and quitclaim to the said commissioners of crown lands all his right and interest in and to the residue of the said crown lands.

SEC. 3. The minister of the interior is hereby authorized to prepare and deliver to the said Claus Spreckels a royal patent for the said land to be conveyed to him.

THE SCHEDULE.

The Ahupuaa of Wailuku, in the island of Maui, with the Ilis therein or thereunto belonging, and estimated to contain twenty-four thousand acres or thereabouts.

Approved this 21st day of July, A. D. 1882.

KALAKAUA REX.

AN ACT TO DECLARE CERTAIN LANDS TO BE PART OF THE CROWN LANDS AND ROYAL DOMAIN.

Whereas certain unassigned lands have hitherto and at all time heretofore been held to be part of the crown lands and royal domain and as such were and are now in the possession of the crown land commissioners: Therefore

Be it enacted by the Legislature of the Hawaiian Kingdom:

SECTION 1. The Ahupuaa's known under the following names and situated as hereinafter set forth, that is to say:

1. Kuliouou, in the district of Kona, island of Oahu;

2. Keaau, in the district of Waianae, island of Oahu;

3. Hakalauiki, in the district of Hilo, island of Hawaii;

4. Manowaiopae, in the district of Hilo, island of Hawaii;

5. Kamoku, in the island of Lanai;

6. Paoma-I, in the island of Lanai;

7. Waiaha 2, in the island of Hawaii;

8. Kapaakea, in the island of Molokai;

9. Waiohuli, in the island of Maui;

are hereby declared to be a part of the crown lands and royal domain of the Hawaiian Kingdom, and as such subject to the provisions of the act entitled "An act to relieve the royal domain from incumbrances, and to render the same inalienable," approved the 3d day of January, A. D. 1865; and the possession of said lands is hereby confirmed in accordance with the provisions of sections 3 and 4 and 6 of said act to the crown land commissioners and successors in office.

SEC. 2. This act shall be in force from and after its approval.

Approved this 14th day of November, A. D. 1890.

KALAKAUA REX.

By the King:

C. N. SPENCER,

Minister of the Interior.

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PROTEST OF THE QUEEN, JANUARY 17, 1893.

I, Liliuokalani, by the grace of God and under the constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the constitutional government of the Hawaiian Kingdom, by certain persons claiming to have established a provisional government of and for this Kingdom.

That I yield to the superior force of the United States of America, whose minister plenipotentiary, his excellency John L. Stevens, has caused United States troops to be landed at Honolulu and declared that he would support the provisional government.

Now, to avoid any collision of armed forces and perhaps the loss of life, I do, under this protest and impelled by said force, yield my authority until such time as the Government of the United States shall, upon the facts being presented to it, undo the action of its representative and reinstate me and the authority which I claim as the constitutional sovereign of the Hawaiian Islands.

(Signed) LILIUOKALANI.

RESOLUTION OF THE SENATE OF HAWAII RATIFYING THE TREATY OF ANNEXATION.

Be it resolved by the Senate of the Republic of Hawaii:

That the Senate hereby ratifies and advises and consents to the ratification by the President of the treaty between the Republic of Hawaii and the United States of America on the subject of the annexation of the Hawaiian Islands to the United States of America, concluded at Washington on the 16th day of June, A. D. 1897, which treaty is word for word as follows:

"The Republic of Hawaii and the United States of America, in view of the natural dependence of the Hawaiian Islands upon the United States, of their geographical proximity thereto, of the preponderant share acquired by the United States and its citizens in the industries and trade of said islands, and of the expressed desire of the Government of the Republic of Hawaii that those islands should be incorporated into the United States as an integral part thereof, and under its sovereignty, have determined to accomplish by treaty an object so important to their mutual and permanent welfare.

"To this end the high contracting parties have conferred full powers and authority upon their respectively appointed plenipotentiaries, to wit:

"The President of the Republic of Hawaii, Francis March Hatch, Lorrin A. Thurston, and William A. Kinney.

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"The President of the United States, John Sherman, Secretary of State of the United States.

"ARTICLE I.

"The Republic of Hawaii hereby cedes absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies; and it is agreed that all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii.

"ARTICLE II.

"The Republic of Hawaii also cedes and hereby transfers to the United States the absolute fee and ownership of all public, government, or crown lands, public buildings or edifices, ports, harbors, military equipments, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining.

"The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands; but the Congress of the United States shall enact special laws for their management and disposition. Provided, that all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.

"ARTICLE III.

"Until Congress shall provide for the government of such islands, all civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.

"The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands,

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not enacted for the fulfillment of the treaty (treaties) so extinguished, and not inconsistent with this treaty, nor contrary to the Constitution of the United States, nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.

"Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands, the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.

ARTICLE IV.

"The public debt of the Republic of Hawaii, lawfully existing at the date of the exchange of the ratifications of this treaty, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States; but the liability of the United States in this regard shall in no case exceed $4,000,000. So long, however, as the existing government and the present commercial relations of the Hawaiian Islands are continued as hereinbefore provided, said Government shall continue to pay the interest on said debt.

"ARTICLE V.

"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 laws of the United States, and no Chinese by reason of anything here contained shall be allowed to enter the United States from Hawaiian Islands.

"ARTICLE VI.

"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 or proper.

"ARTICLE VII.

"This treaty shall be ratified by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the Constitution of the said Republic, on the one part; and by the President of the United

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States, by and with the advice and consent of the Senate, on the other, and the ratifications hereof shall be exchanged at Washington as soon as possible.

"In witness whereof the respective plenipotentiaries have signed the above articles, and have hereunto affixed their seals.

"Done in duplicate at the city of Washington this sixteenth day of June, one thousand eight hundred and ninety seven.

"[SEAL] (Sig.) FRANCIS MARCH HATCH.

"[SEAL] (Sig.) LORRIN A. THURSTON.

"[SEAL] (Sig.) WILLIAM A. KINNEY.

"[SEAL] (Sig.) JOHN SHERMAN."

I hereby certify that the foregoing resolution was unanimously adopted at the special session of the Senate of the Republic of Hawaii on the 9th day of September, A. D. 1897.

WILLIAM C. WILDER, President.

Attest:

J. F. CLAY,

Clerk of the Senate.

JOINT RESOLUTION TO PROVIDE FOR ANNEXING THE HAWAIIAN ISLANDS TO THE UNITED STATES.

Whereas the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution to cede absolutely and without reserve to whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownership of all public, government, or crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore

Resolved by the Senate and House of Representatives of the United States of America 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, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America.

The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands; but the Congress of the United States shall enact special

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laws for their management and disposition : Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.

Until Congress shall provide for the government of such islands all civil, judcial and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have the power to remove said officers and fill the vacancies so occasioned.

The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded, between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfillment of the treaties so extinguished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.

Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.

The public debt of the Republic of Hawaii, lawfully existing at the date of passage of this joint resolution, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States; but the liability of the United States in this regard shall in no case exceed four million dollars. So long, however, as the existing government and the present commercial relations of the Hawaiian Islands are continued as hereinbefore provided said government shall continue to pay the interest on said debt.

There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or many hereafter be allowed by the laws of the United States; no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.

The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands,

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who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper.

SEC. 2. That the commissioners hereinbefore provided for shall be appointed by the President, by and with the advice and consent of the Senate.

SEC. 3. That the sum of one hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect.

SERENO E. PAYNE,

Speaker of the House of Representatives Pro Tempore.

GARRET A. HOBART,

Vice-President of the United States and President of the Senate.

Approved, July 7th, 1898.

WILLIAM McKINLEY