New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-06-05
RIGHT TO TAKE HAWAII.
THE PRESIDENTS POWERS EXPLAINED
BY MR.. HITT.
rnY TELEGRAPH TO THE TRIsrSE.1


washington lime 4-There have been ire
nuent statements to the effect that u the JONI
resolution, for the annexation Of Hawaii should
fail to pass Congress before adjournment ,he
President in the exercise Of his authority under
the Constitution and laws 81 the United STATES
would declare the territory which comprises me
Sandwich Is,ands part Of the United States
and take possession of IT. In conversation win
Chairman Hit of the House Committee on For
e,rn Affairs today a Tribune correspondent
asked where such authority was found. ana II II
had ever been used by n President Of the United
States
Mr. Hit replied that perhaps 1t might ne heln
In the case Of Hawaii that the President could
order the occupation of the islands by virtue OF
the war power Of the Constitution. the extent
and limitations of which cannot he clearly ana
accurately defined. being in the nature OF the
case governed by circumstances ana emergencies
affecting the National safety. dignity ana self
preservation Mr.. Hit offered some addi'iona'
observations which indicated that In his opinion
II might not he necessary in this case 10 invoke
the underlined ill-defned war power OF the
Constitution even if II should become necessary
for the Executive 20 act In the absence or ne-
fault Of legislation by Congress, which he dlu
not now consider probable.
The general proposition. as stated by Mr. Hitt
was that one Of the inherent rights or sover-
eighty is to occupy and possess territory-any
portion Of the earth's surface-when IL IL he'es-
sary and can be done without an invasion OF OF
infr,npement on the rights OF the Inhabitants
thereof or against their consent. or an infringe
ment on the rights OF other sovereignties
PRECEDENTs FOR SUCH ACTION
In the Administration OF President Monroe
an armed expedition was sent to occupy A"'e'a
Island. Off the coast of Florida, when was
within the territorial boundaries OF Spain Inc
island was the haunt and headquarters vi
pirates. who proved on the commerce OF spain
and the United states. Spain did not object Dut
rather welcomed this military occupation anu
possession by the United States TO destroy
nest OF pirates which 1t was powerless 10 aea'
with France however did object and protest
and was Informed by John Quincy Adams Mt
Monroe's Secretary OF state. that so long as
Spain consented France had no voice IN the INIT
ter and no right to interfere.
Under the act Of 1886 some seventy unoCcupleu
and uninhabted islands have been occupied oy
american citizens. and the United states mas
thereby obtained possessory rights ana Julls-
dIction over them. one OF these Is Navassa
Island Mr.. Hit remarked that even II these
Islands had been wholly uninhahited-anh some
~ them probably were not-they might nave
been occupied with the consent OF the inhanl-
tants whether they consisted Of single farnily
or village or OF 100000 or more persons. Such
occupation would give the United states pos
sessory title TO territory considered merely as
norton Of the earth's surface. which would ne
good as against any other nation or Power
that had no claim the territory. That was
a principle long established and universally rec
ognized Extensive additions have been mace
10 the territorial area 81 the United states
without previous authorization by ConEress-as
in the case OF the Louisiana purchase or lSnf
which was even more extensive than President
jefferson contemplated when he sent Monroe to
France 10 negotiate with Napoleon for the pur-
chase Of New -Orleans-and all have been subse-
ouentlv ratified and confirmed by the legislative
department OF the Government