The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-06-18
THE LARGEST CIRCULATION NORTH CAROLINA DAILY PAPER

of these the independence of the subordi-
mated state is the distinguishing feature,
and with it the assumption by the para
mount state of responsibility without do
main. The disparity of the relative inter-
ests and the distance separating the two
countries could not fail to render any
form of protective association either I'M
duly burdensome or illusory in its bene-
fits, so far as the protecting state is
concerned, while any attempt to counter
act this by tributary dependence or a
measure of suzerain control would be a
retrOgrade movement toward a feudal or
colonial establishment alike inexpedient
and incompatible with our national pol
icy.
There remained, therefore, the anne exa-
ton of the islands and their complete alb
sorption into the political system of the
United States as the only solution salts
flying all the given conditions and promis-
ing permanent and mutual benefit. The
present treaty has been framed on that
basis, thus substantially reverting to the
original proposal of 1893 and necessarily
adopting many of the features of that
arrangement. AS to most of these, the
negotiations have been constrained and
limited by the constitutional powers of
the government of the United States.
AS in previous instances, when the
United States has acquired territory by
treaty it has been necessary to reserve
all the organic provisions for the action
of Congress. If this was requisite in the
case of the transfer to the United States
of part of the domain of a titular sov-
ereign, as in the cession of Louisiana by
France, of Florida by Spain, or of Alas
ka by Russia, it is the more requisite
when the act is not cesslon, but union,
involving the complete incorporation of
an alien sovereignty into the body polite
Of the United States.
For this the only precedent of our po-
litical history is found in the uncom-
pleted treaty concluded during Presi-
dent Grants administration, November
%, 1869, for the annexation of the Do
minican republic to the United States.
~S Following that example the treaty now
signed by the plenipotentiaries of the
United States and the Republic of
Hawaii reserves to Congress of the
United States the determination of all
questions affecting the form of govern
ment of the annexed territory, the citi
Zenship and elective franchise of its in
habitants and the manner in which the
laws Of the United State are to be ex-
tended to the islands.
In order that this independence of the
Congress shall be complete and unques-
ti0nable, and pursuant to the recognized
doctrine of public law that treaties eX-
pire with the Independent life of the con-
tracing State, there has been introduced,
out of abundant caution, an express
proyiso for the determination of all
treaties heretofore concluded by Hawaii
with foreign nations, and the extension
to the islands of the treaties of the Uni
ted States.
This leaves Congress free to deal with
such especial regulation of the contract
labor system of the islands as circum-
stances may require. There being no
general provision of existing statutes to
prescribe the form of government for
newly Incorporated territory, it was
necessary to stipulate, as in the Domin-
can president, for continuing the exist
ing machinery of the government and
laws in the Hawaiian islands until pro-
visions shall be made by law, for the
government, as territory of the United
States, of the domain thus incorporated
into the union; but, having in view the
peculiar statutes created in Hawaii by
laws enacted in execution of treaties
heretofore conclued between Hawaii and
other countries, only such Hawaiian
laws are thus Professionally continued as
shall not be Incompatible with the con-
stitution or the laws of the United
States or with the provisions of this
treaty.
1t will be noticed that express stipula-
ton is made prohibiting the coming of
Chinese laborers from the Hawaiian
islands to any other part of our national
territory. This provision was proper
and necessary in view of the Chinese
exclusion acts, and it behooves the
negotiators to see to it that this treaty,
which in turn is to become, in due con-
stitutional course, a supreme law of the
land, shall not alter or amend existing
law in this most important regard.
(Signed) JOHN SHERMAN.
Department of State, Washington, June
Is, 1897.