The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-06-18
Commission representiue a

hcienf may have been the authority of
the Commissioners with whom the United
however satisfied the president may then
have been of their power TO offer the do
main of the Hawaiian islands to the
United States, the fact remains that what
they then rendered was territory rather
than established government, country
whose administration had been cast down
by bloodiess but complete revolution
and community in. state OF political
transition.
Now. however. the republic of Hawaii
approaches the United States as an equal
4 and points for its authority TO that pro-
vision of article 30 of the constitution
promulgated July "a. 1894:
The president. with the approval Of
the cabinet. Is hereby expressly author
lied and empowered 10 make a treaty of
political or commercial union between the
republic of Hawaii and the United States
of America subject 70 the ratification or
the senate"
The present negotiation is therefore as
has been said. not mere renewal of the
tender of Hawaiian. territory made in
1898. but has responded to the purpose de-
clared in the Hawaiian constitution, and
the conference OF the plenipotentiaries
have been directed 10 weighing the ad-
yantages of the political and the COM
nercial union alternative proposed here.
! relatively considering the scope and ex-
tent thereof. II soon appeared to the
negotiators that purely commercial
union on the. lines OF the German
zoliyerein could not satisfy the problems
/ of the administration in Hawaii and of
/ the political association between the
! Islands and the United States. Such
commercial union would. on the one
/ hand, deprive the Hawaiian government
! of its chief source of revenue from
I customs duties by placing its territory in
a relation OF free exchange with the
I United States. its main market of pur-
chase and supply, while on the other
/ hand ii would entail upon Hawaii the
maintenance of an internal revenue Sys-
+ ten on a par with that of the United
States or else Involve the organization of
8. corresponding branch of our revenue
service within a foreign jurisdiction. We
have had with Hawaii since 1919 treaty
! of commercial union which practically as
Stimulates the two territories with regard
to many Of thelr-most important pro-
auctions and excluded other nations from
enjoyment of its privileges, yet, al
though that treaty has out-lived other
less favored reciprocity schemes, It's per-
Inanency has at times been grdyeiy lm-
periled. Under such circumstances, TO
enter upon the radical experiment of
complete commercial union between
Hawaii and the United States as in
dependently sovereign, without assurance
of Dermanency and with perpetual SUB
lection to the vicissitudes of public senti-
nerl in the two CONFINES, was not to be
thought of.
turning then to the various practical
forms of political union, the several
phases of a protectorate, an offensive ana
defensive alliance and national guaran-
the independence of the subordlnated
state is the distinguishing feature ana
with it the assumption by the paramount
state OF responsibility, without domain.
The disparity of the relative interests and
the distance separating the two countries
could NOT fail TO render any form OF pro
tective association either unduly ourueh-
some or illusory in It's DEMENT'S, SO Iar as
the protecting state Is concerned, Xnlle
any attempt TO coulsteract this by tribu-
tary dependence or measure OF suzeTaln
control would be a retroSrade movement
toward feudal or colonial establishment
alike inexpedcent and incompatible Win |
our national policy
There renamed. therefore. the anneNd-
ton of the islands and their complete
absorption into the political system OF
the United States as the only solution
sa tisfying all the given CONDITIONS ana
promising permanently and mutual pene,
1T. The present treaty has been framed
on this bIsissr FAILS. su5stantla-ly IeVertihs
10 the original 'prooosal OF 1855 and
necessarily adopting many OF the FEATURES ;
OF that Arrangement. As 10 most OF theSe !
the negotiators have been constrained
and limited by the unconstitutional pow
ers of the government OF the United
States.
AS in previous instances when the ,
United States mas acquired territory by
treaty. IL has been necessary 10 reserve 7
all the organic provisions for the acton
of congress- If there was requisite IN the
case of the transfer To the United states /
of part of the domain of titular sovereign /
as in the cession of Louisiana by france
of Florida by, Spain, or or Alaska py
Russia. ii is the~nore requisite when the |
act is not cession, but union. inVoivlnS /
the complete Incorporation OF an alsh
sovereignty into the body polite OF the
precedent of our political history IS found
in the uncompleted treaty concluded dur
ing President Grants administrator
November 70, 1865, tor the anneNatI OF. "a
the Dominican republic TO the United
States.
Following that example the treaty now
signed by the plenlpotentiaries OF the
United States and the Hawaiian re-
public leaves TO the congress OF tne
United States the determination OF all
questions affecting the form OF govern
uent of the annexed territory, the citl-
Zership and elective franchise OF its in
habitants and the manner in when laws
of the United States are to be EXTENDED
to the islands.
cor g,ess shall be complete and uncces-
tiocable and pursuant to the Recognized
doctrine OF public law, that treaties eA-
tracing state there has been introduced
out of abundant caution, an express p.o-
v.so for the determination OF ali treaues
heretofore concluded by Hawai- win lsa
foreign nations and the extension TO the
.slartls of the treaties of the United
States. This leaves congress free 10 deal
with slch especial regulation of the con-
tract labor system of the ISLANDS as CIT
may require.
There being no general provision or ex-
listing statutes TO prescribe the form OF
for newly-incorporated TERRI
Tory. It was necessary to stipulate, as IN
Dominican precedent. for continuing tne
existing machinery of the government
and laws in the Hawaiian islands. until
shall be made by law for the
government, as territory of the united
States. of the domain thus Incorporated
into TIE Union: but having in view the
peculiar status created in Hawaii by laws
enacted in execution of the treaties mere
tofore concluded between Hawaii ana
other countries. only such Hawaiian laws
are thus Professionally continued as shall
rot be Incompatible with the constitution
or the law of the United States or win
the provisions of this treaty.
IT win be noticed that express stlpula-
ton is made prohibiting the coming Oh
Chinese iaborers from Hawaiian ISLANDS
TO any other part of our national terri, /
tory. This provision was proper ana ,
necessary in view of the Chinese exciu-
sior, acts and ii behooved the negotiators
II see that this treaty, which in turn Is
10 become in due constitutional course
supreme law of the land, shall not alter
Or amend existing law in this most I'M
oortant regard. JOHN SHERMAN,
Department of State, Washington, u. |
G, June Is. 1897. {