The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-06-22

protective association either u1duIy
Cumbersome or illusory in its benefits.
50 far as the protecting state Is con-
cernei. while any attempt to counter
act his by tributary dependence, a
measure Of suzerian control would work
a r~etrograde movement toward a feu-
dal or ~colonial establishment alike in
e~xpedient and incompatible with our
national policy.
There are made. therefore. the an
nexacion Of the islands and their COM
plete absorption into the political sys-
tenn Of the United States as the only
solution satisfying all the given condi-
lions and promising permanency and
mutual benefit. The present treaty has
been framed on thai basis. thus sub
s1an1ially~ reverting TO the original pro-
poSal of 1888 and necessarily adopting
many OF the features Of that
ment. As to most Of these. he ego
tiauprS have been constrained and linn
tied by the constitutional powers Of
the government OF the United States.
As in previous instances. when the
United States a acquired territory by
treaty. il has beer necessary 10 reserve
all the organic provisions for the action
of congress. If this was requisite in
the case Of the transfer to the United
states of a part of the domain of a
utuIar sovereign, as in the cesSion Of
Louisiana by France. of Florida by
Spain, OF Of Alaska by Russia. il is the
o requisite when the act is not ces-
sion, blu union. involving the complete
Incorporation of an alien sovereignty
into the body polite Of the United
States.
For this. the only precedent of our
political history is found fn the I'M
completed treaty concluded during
President rants administration No
vember %, 1869. for the annexation of
the Dominican republic to the United
States.
Following hat example the treaty
now signed by the plenipOtentiarieS %
the United States and the republic of
Hawaii reserves to the ongresS of the
United States the determination of all
questions affecting the form of gov
rnmen of the annexed territory, the
citizenship n elective franchise of its
inhabitants, and the in which
the laws of the United States are to be
extended to the stands.
In order that this independence of
the congress shall be complete and I'M
questionable and pursuant to the or
ganized doctrine of public law that
treaties expire with the Independent
life Of the contracting state, there has
been introduced, out of abundant cau-
ton, an express prOviSO for the deter
mination of all treaties heretofore con-
Guided by Hawaii with foreign nations
n the extension to the islands of the
treaties of the United States.
This leaves congress free to deal
with such especial regulation of the
contract labor system of the islands as
circumstances may require. There
being no general provision of existing
statutes to prescribe the form of gov
m for newly incorporated terri
tory, 1t was necessary to Stipulate. as
in the Dominican precedent for contin-
uing the existing machinery Of the
government and laws in the Hawaiian
Stands until provision shall be made
by law for the government, as a terri
tory of the United States. of the do
! main thus incorporated into the union;
but having in view the peculiar status
created in Hawaii by laws enacted in
execution Of treaties heretofore con-
Guided between Hawaii and other
tries, only such Hawaiian laws are thus
Professionally continued as shall not be
Incompatible with the constitution or
the laws of the United States or with
the provisions of this treaty. 1t will be
noticed that express stipulation is
made prohibiting the coming of Chi
nese labOrers from the Hawaiian
Islands to any other part of our ma
tlOral territory. This provision was
proper and necessary in view of the
Chinese exclusion acts, and it behOOved
the negOtiatOrs to see to it that this
treaty, which in turn is to become, in
due constitutional course, a supreme
law of the land, shall not altar or
amend existing law in this most i'm
pOrtant regard.
JOHN SHERMAN"
Department of State, Washington,
! June 10, 1897.