The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-06-18

attempt to counterfeit this by tributary
| dependence, or a measure of suzerain
control, would be a retrograde move
ment toward a feudal, or colonial estab-
lishment alike inexpedient and incon1-
patble with our national policy.
There remained therefore the annexa-
ton of the islands and their complete
absorption into the political system of
the United States as the solution salts
Tying all the given conditions and prom
ising permanency and mutual benefit
The present treaty has been framed on
this basis, thus substantially 'eVerting
to the original proposal of 1898 and nee
esSar1ly adopting many of the features
of that arrangement.
As to the most of these the negotia-
tors nave been constrained and limited
by the constitutional powers of the gov
eminent of the United States as in pre-
viOus instances when the United States
has acquired territory by trea ty, it has
been necessary to reserve all the organ
ic provisions for the action of congress.
If there was requisite in the use of the
transfer to the United States of part of
the domain of titular sovereignty as in
the cession of Louisiana to Rance, of
Florida by Spain, or of Alaska by Rus
STA, 1T is the more requisite when the
act is not cession but union, involving
the complete incorpOra ton of an alien
soVereignty into the body polite of the
United States. For this the onlv nre-
cedent of our political history is found
in the uncompleted treaty concluded
during President Grants administra-
ton November 49, 1859, for the annexa-
ton of the Dominican republic to the
United States.
Following that example the treaty
now signed by the plenipotenLiarfes of
the United States and the republic of
aaWa1 reserves to the congress of the
United States the determine ton of all
questions affecting the form of govern
ment of the annexed territory, the ctti-
ZenSh1p and elective franchise of its
Inhabitants and the manner in which
laws of the United States are to be ex-
tended to the islands,
In order that this Independence of the
congress shall be complete and unques-
tiOnable, and pursuant to the recognize
ed doctrine of public law, that treaties
expire with the Independent life of the
contracting state, there has been intro
duced out of abundant caution an ex-
press prOviso for the determination of
all treaties heretofore concluded by
Hawaii with foreign nations and the
extension to the islands of the treaties
of the United States.
This leaves con gress to deal with
such especial regulation of the contract
labor system of the islands as circurn-
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-
lean precedent for continuing the ex-
listing machinery of the government and
laws in the Hawaii islands until provis-
ions shall be made by law for the gov
eminent, as a territory of the United
States of the domain thus incorporated
into the union; but having in view the
peculiar status created in Hawaii by
laws enacted in execution of the treat
les heretofore concluded between Haw-
ali and other countries, only such HaW-
allan laws are thus Professionally con-
tinued as shall not be incompatible with
the constitution, or the laws of the Uni
ted States or with provisions of this
treaty.
It will be noticed that express stipu-
latiOn is made prohibiting the coming
of Chinese laborers from Hawaiian is
lands to any other part of our national
territory. This provision was proper
and necessary in view of the Chinese
exclusion acts and it behooved the ne
gotiators to see to it that this treaty,
which in turn is to become in due con-
stitutiopal course, q supreme law OF the
land. shall not alter or amend ex-
isting law in this most important re-
gard. JOHN SHERMAN;
Department or State.
Washington, D. c., June Is, 1897.