The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-06-15

rary nature resulting from some
great necessity, and its authority is
limited to the necessity" Its func-
tions are to preserve order and
maintain relations with other coun-
tries until the political people can
establish permanent government
and determine their own political
destiny. "When, therefore, a COM
mission starts out Immediately upon
the creation of provisional govern
ment to offer its country as gift to
a foreign nation, the very title of
the government seems to negative
its authority. 1t is Offering to give
away what it merely for the time
being is authorized to preserve and
protect, and the first feeling is that
there must be something here to
put the nation to which the offer is
made upon its guard against having
such dealings with the commission
as shall be of nature to imply re-
cognition of its legitimacy"
The provisional government sought
to justify the revolution upon the
ground that the reigning monarch
was withdrawing from the people
their constitutional participation in
the government. And yet almost its
first act was to offer the islands and
its inhabitants to foreign power
without affording the people an op-
portunity to participate in this gov
ernment act which was of the great
est Importance to themselves. 1t is
said that the provisional govern
ment was created for the very pur-
pose of transferring the islands to
the United States. But the purpose
of those who organized the govern
ment did not confer any authority.
The desire of the people was not so
expressed that it would be clearly
known, and there was no indication
of any purpose to ascertain what
their desire was. The assumption
of authority to give away the islands
by provisional government com
posed of foreigners without consult
ing the people was clearly usurpa-
ton. And certain facts, such as the
great haste in making the offer and
the employment of United States
forces to assist in establishing and
maintaining the provisional govern
ment, strongly indicate that those
composing the government did not
really believe that they were acting
in conformity to the will of the peo-
pie and could rely upon them for
support.
After discussing various other mat
ters Judge Cooley takes up the
question of the constitutional right
to annex distant countries by treaty
Conceding the right to annex con-
ti,guous territory, occupied or des-
tiL,ed to be occupied by people OF
the same race and political and So
cia.l aptitudes as ourselves, and con-
ceding also that the treaty power is
not expressly limited by the consti-
tuition, Judge Cooley contends that
this power is limited by clear impli-
cation. 1t may not be exercised in
consis tently with any provision of
the constitution whether as it con-
Germs the general form of govern
ment, the perpetuity of the union
or the protection of the rights either
Of states or individuals" For in
stance it may not be so exercised as
to deprive any state Of its equal re-
presentation with others in the sem
ate. Nor can it be properly exer-
cised in such manner as to attach to
the union communities so different in
race and character that they must
be permanently governed otherwise
than in accordance with the general
scheme of our political constitution,
or in such manner as to bring into
the union as states such discordant
elements o participate in the gov
ernment avs would endanger the
stability of our political institu-
tions.
But "this, proposed treaty is not
only one tn at will constitute a pre-
cedent for uniting ourselves to any
country on the globe, but it is one
that will Justify our annexing other
countries regardless of the differ
ences of race and of the discordant
elements that might be brought in
to the union by the act" These
differences OF race and discordant
elements exist in the Hawaiian ISL
ands, and the element homogeneous
with our own people is very small.
Judge Cooley reviews the history
of annexation from the acquisition
of Louisiana to the present time,
and finds that no such precedent
has yet been made. For reasons
briefly indicated above he is strong
ly opposed to making such prece-
dent and such a far departure from
our past policy by annexing the
Hawaiian islands. He would not
annex them either as state of the
union or as territory, in the Ame-
rican political meaning of the word
or as subject province to be gov
erned in manner not provided fo1
or contemplated in the constitution.
The number of those who agree
with him will increase as the subject
is calmly considered in all its as
pects.-ChicagO Herald.