The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1898-08-05
treaty making power, which 1 shall

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8. That where a constitution expressly
provides a means to be pursued for the
accomplishment Of a given thing or pur-
pose, 1t implicitly excludes all other
means; and the constitution having
specifically placed the treaty making
power, which embraces the authority
to territory, in the president. to
be %concurred in or not by two-thirds OF
the senators present when submitted to
the senate, it excludes any other meth
cd of acquiring additional territory.
And, Mr.. President, If we will turn to
the precedents, we will find this asser-
ton well sustained by the history of
our country.
Alaska came to US by treaty from
Russia March 30, 1867.
Arizona was included in the territory
Of New Mexico coded to the United
States by Mexico by treaty of Febru-
airy 2, 1SAS. It's boundary was extend
ed south by the Gadsden treaty of De-
cember 8, 1853-June 80. 1854.
California came to us from Mexico.
primarily by conquest in 1846-47, fol-
lowed by the treaty Of February 2, 1S4s.
Florida came to the United States
by treaty from Spain February %, 1919.
treaty April 80, 1903.
New Mexico came to the United
States by treaty of February 2, 1913.
Santo Domingo va proposed to be
annexed by treaty in 1S69-7O, but it
failed. That treaty contained a clause
Tor the assent or a vote of the people,
which was taken in March, 1870, and
they voted ZOOS for to 9 against.
In 1867 the United States negotiated
q treaty with Denmark for St. Thomas
and St. Johns, and the assent Of the
people of those islands was made a
condition precedent, and they voted
AYE" about January 10, 1858, but the
treaty failed.
Mr.. President, notwithstanding these
~precedents, it is proposed to annex the
Hawaiian islands without consulting
the people of that country.
l hold, without further discussion,
that under the rules 1 haYe stated the
treaty making power, which includes
the power of acquiring additional ter
ritory, rests exclusively in the president
and the senate, that it is an executive
power which in it's very nature can not
be exercised by the house of represents
atives, and that the only method of ex-
ercising 1t is by treaty and not by joint
resolution or act of congress-; and the
case OF Texas, when rightly understood.
Forms no exception to this rule; there
fore an attempt to annex or acquire
territory by act or joint resolution of
congress is in violation of the letter,
spirit and policy of the constitution.
Mr.. President, my time will not per-
NIT me to elaborate or expand on this
proposition, nor is it necessary that l
should do SO, for to the lawyer and
the conscientious student Of constitu-
tional history and constitutional con-
struction they are as elementary and
indispensable in applying the provisions
of the constitution a is the alphabet
in the use of the English language.
When I was a boy but Is years of
age, I registered a solemn oath to sup
port and obey the constitution of the
United States, and to defend it's against
its enemies; and although as a public
sworn to support that instrument, l
have for a moment in the thirty
six years since that important event
in my life supposed myself absolved
from it's binding force. It las been In
ever-present duty with me, and, I may
d as well, an ever present pleasure,
to observe it, for in its observation by
the citizens of the United States lies
the sole safety Of the republic. To
invite anarchy and h decay OF the
republic and finally the enforcement
of monarchy, and thus the government
of the United States would be trans
formed from a republic or democracy
into hat form of government from
which we rescued it after u ancestors
had waged seven years of bloody and
devastating war.
1 assert, the constitution having plac-
ed in the president the power to ini-
tiate all treaties and in the senate the
power to concur in or reject the pro-
posed treaties, that annexation by trea-
ty excludes all other methods and that
the acquisition of territory in any other
form, except as a mere tentative wal
measure and as an incident to the con-
duct of WE would be in violation OF
the letter and spirit of the constitution.
I do not for one moment doubt that
if the chief executive should officially
declare that the occupancy of the Ha-
waiian islands was a necessary war
easur in the successful prosecution
of the war with Spain, he would have
the constitutional power to occupy
them, but this has reference to the
war power of the constitution n not
to the treaty making power. If tits
determined that we shall acquire this
territory, let the president assume full
responsibility under a we'll known and
we'll defined constitutional power.
Under u form of government, the
power to declare war, grant letters OF
marQue and reprisal, and make rules
concerning captures on land n water
is vested in congress-; and when war
has been declared, it is provided that:
1.-The president shall be commander
in-chief OF the army and navy of the
| United States, and Of the militia of the
several states, when called into the
actual service of the United States"
BY virtue Of his Office of commander
in-chief of the army n navy, IT the
president deems the seizure and hold
ing of specific territory during a state
of war to be necessary, he may so
seize and hold it regardless of the leg
islative and judicial branches of the
government; but in such case he must