The Independent. [volume] (Honolulu, H.I.) 1895-1905, 1897-12-06
Continued from 1st page.)

wrote that 1T was equally remark
able for the brevity and the exact
ness Of its text aud for its mssterly
display Of the fundamental princi-
pies of civil and religious liberty
q Story on the Constitution Fourth
Edition) Section 1918, p. 1917
That ordinance, which is among
the most famous recorded pieces of
legislation, provided for the erection
OF States, in all respects correspond
ing to the original thirteen. In sub.
sequent acquisitions OF territory, by
purchase or otherwise, its provisions
have been rigidly followed. They
we're substantially incorporated into
the Treaty OF Guadalupe Hidalgo.
Under the guarantees and on this
applied Interpretation of the Pre-
amble OF the Federal Constitution,
and OF Article 4, Section OF that
instrument. the Middle AID West
ern States, to the verge of the Paci-
fic, have been added to the Union,
and no territory has ever been &C.
CURED or politically united to the
country except for the purpose of
being converted ito American States.
The sole power of admitting
States into the Union has been vest
ed in Congress by the section OF the
constitution above mentioned, and,
as has been observed by a great
writer on the constitution, mo State
once admitted to the Union can
ever be deprived OF its equal suffrage
in the Senate, without its consent"
II this be true, as it lie, and if it be
also true that, in the acquisition of
territory, the treaty making power
is restricted to such territory as can
be converted into States, then, un-
less foreign territory, with foreign
populations, and especially when
composed OF servile races, is fit
material for the erection of States
such as those now composing the
Federal Union, the proposed annex
alton OF Hawaii is un constitutional.
| have not the time, nor has The
Call the space, to amplify and it,
lustrate this argument. as may be
done in the Senate. But, before
end this communication let me fur
nish a few extracts from pertinent
authorities, which pass upon the
question.
Speaking Of Article w, Section 3
of the Federal Constitution John
w. Burgess, professor in Columbia
College, says volume IL OF his "Po-
litical Scieuce and Comparative
Constitutional Law" PIP 16l, 1872:
"The languages of the principal
paragraph Of lhis'clause is not we'll
chosen. 1t appears to confer upon
Congress the power to connect
foreign States with this Union by an
act Of Legislation. Nothing of this
sort was intended by the trainers
And, says the same author in the
same work Up. 1919, "while there is
no express limitation on the power
Of the President as to the scope or
the terms OF the treaties which he
may make, yet this authority is sub
ject to cetain restrictions necessarily
implied from various parts of the
constitution. There is an implied
limitation which would prevent the
political dep ,rtment from entering
into any stipulation calculated to
change the character Of the govern
ment, or to do that which could
only be done by the constitutions
making power, or which would be
inconsistent with the nature and
structure Of the Government or the
objects for which it was formed"
The same author, like many
others, denounces the acquisition of
Texas, by joint resolution, IN 1876,
though it was part OF this con-
tinent, as unconstitutional, aud
George Ticknor Curtis, in his "Con-