The times., 1897-06-22
AN ATTACK ON THE TREATY
Senate's Prerogatives Ignored in
Hawaiian Annexation.
SOME DEFECTIVE CLAUSES
The Arrogated Presidential Powers
Regarded as Unconstitutional.
torial Commissioners Sarator
Morgan Suggests Remedies.

There is criticism of the Hawaiian treaty
both by the friends and opponents OF the
object the document has in view. Un-
fortunately, il is believed that the oppo-
neats of the treaty regard their objec-
tions as very grave, and will urge them
i'll the Senate 4, the delay OF the annexa-
ton plan.
The treaty is admitted by Senator'S ON
both sides OF the issue to he assailable.
The paper was evidently preparedin haste
and especially with reference to that
section which apparently was framed
with view or giving the President au-
socratic power in the matter OF rhe
incpient government of the islands when
anne xed. 4 very remarkable coincidence,
or rather divergence, is thatln the message
the President places his reliance on Con-
gress TO arrange the details and yet the
treaty, which must have been written
at his suggestion, practically ignores Com
gress. or more specifically, the Senate
There viii Dc considerable opposition TO
the sixth article. even by the strongest
friends of annexation, until il is amended
to conform with what the Senate has
from time immernoIial considered its own
most cherished pTerogauye- This article
provides that the President shall appoint,
without any adyiceor consent ofthe Senate,
five commissioners 10 recommend legisia-
ton to Congress for the government of the
new territory OF Hawaii.
II II pointed out that as the commission
ers are to report to Congress they should
not be simply creatures of the Executive,
but 1T Is or the greatest importance, IL
Congress is to have any confidence in
them, that they should be selected, in the
hroadest sense, at the suggestion or at
least with the full approval OF Congress,
and the Senate win certainly insist upon
this view.
Article III is regarded even more re-
pugnant TO the legislative branch Of the
United States. It supulates that until
Congress shall provide for the government
of such islands, all the civil, judicial and
military powers exercised by the officers
OF the existing government in said Islands
shah be vested in such person or persons
and shall be exercised in such manner as
the President Of the United States shall
direct, and the President shall have the
power 10 remove said officers and fin
tie vacancies so occasion ed
This practically autocratic power has
never hitherto been vested in President.
1t is pointed out that President, by the
use OF his veto power, might indefinitely
delay Congressional provision for the
government OF the islands, and in the
meantime secure TO himself exclusively
absolute power to rule Hawaii as per-
sonal appendage OF the White House, by
removing officers who failed TO do as he
al 2 ha oia
consulting Congress. Enormous patronage
would be under his sole control, and the
income OF the territory might he exempted
from the usual accounting system
These lapses in the treaty, together with
the significant omission Of a great nuT-
Der of important matters, including those
OF shipping. tariff, and domestic economy,
cause Senators TO fear the consequences
of hasty action, and it is freely stated that
the treaty cannot be ratified for nearly a
year. Grave doubt arises as 70 the effect
ON interstate commercial and other rela-
tions OF the I-nited States by the provis ON
preventing Chinese and other Hawai'ans
from coming TO continental America. This
is believed to conflict with section 2, arti-
Gle w, of the Constitution.
Senator Morgan was asked last night
What ne thought or the various points
made above. He could not discuss them ell
in detail but made a general statement,
which carries with it the assurance that
all of the defects, whether coming from
friend or foe. OF the treaty VIII he cured.
1.-THE objections stated" he said. care
not substantial The bill or joint resO-
luton that must be provided to put the
treaty into operation will remove every
possible objection OF the sort indicated by
those who would defeat annexation"