The record-union., 1897-06-18

treaty, it has been necessary to re-
serve all the organic provisions for the
action of Congress. If there was requi-
site 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 of Alaska by Russia, 1t is the
more requisite when the act is not ces-
sion, but union, involving the complete
Incorporation of an alien sovereignty
into the body polite of the United
States For this only precedent of our
political history is found in the uncom-
pleted treaty concluding during Presi-
dent Grants administration November
%, 1869, for the annexation of the
Dominican Republic to the United
States.
Following that example, the treaty
now signed by the plenipotentiaries OF
the United States and the Hawaiian
Republic leaves to the 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 franchises OF its
inhabitants, and the manner in which
laws of the United States are to be
extended to the islands.
I'm order that this independence of
the Congress shall be complete and I'M
questionable, and pursuant to the re-
organized doctrine of public law, that
treaties each with the independent life
of the contracting State there has been
introduced, out of abundant caution an
express proviso for the determination
Of oil of
Hawaii with foreign nations and the
extension to the islands of the treaties
of the United States. This leaves Con-
gress free to deal with such especial
regulation of the contract labor sys-
TENS of the islands, as circumstances
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 Dominican precedent, for con-
tinuing the existing machinery of the
Government and laws in the Hawaiian
Islands until provisions shall be made
by law, as territory of the United
States. of the domain thus incorporated
into the Union; but having in view the
neculiar status created in Hawaii by
laws enacted in execution of the trea-
ties heretofore concluded between Ha-
wall and other countries, only such Ha-
waiian laws are thus Professionally con-
tinued as shall not be incompatible
with the constitution or the laws of the
United States or with the provisions of
this treaty.
"It will be noticed that express stip-
ulation is made prohibiting the coming
of Chinese laborers from the Hawaiian
al territory This provision was proper
and necessary, in view of the Chinese
exclusion acts, and it behooved the ne
gotiators to see that this treaty, which
in turn is to become in due constitu-
tional course supreme law of the
land, shall not alter or amend existing
law in this most important regard.
JOHN SHERMAN.
Department OF State, Washington,
D. c.. June 10, 1897"
TEXT OF THE TREATY.
WASHINGTON, June 1.-THE fol-
lowing is the full text of the Hawaiian
treaty sent to the Senate yesterday:
1.-The United States of America and
the Republic of Hawaii, in view of the
natural dependence of the Hawaiian
Islands upon the United States, of their
geographical proximity thereto, of the
preponderant share acquired by the
United States and its citizens in the
industries and trade of the islands and
of the expressed desire of the Republic
of Hawaii that those islands should be
incorporated into the United States as