The Pacific commercial advertiser., 1900-10-19

buildings or edice ports harbors military equipment and all
oher public property of every kind and description belonging
the Government of the Hawaiian Islands together with every
night and appurtenance thereuno therefore,
Resolved by the Senate and the House Representatives
the United States of America Congress assembled, said
con accepted ratified and confirmed and that the said
Hawaiian Islands and their dependencies be- and they hereby
annexed part of the territory of the United States
subject to the sovereign dominion thereof ard ngu
lar the property and rights hereinbefoe mentioned vested in
the United States of America" ~ ~ \ "The exist
ing treaties of the Hawaiian Islands with foreign nations
shall forthwith and determines being replaced by such
treaties exist be hereafter concluded between
the United States and such foreign nation The municipal leg
aon of the Hawaiian Islands, enacted for fulflment
OF the treaties exngushed and nconsistent with this
Joint Resolution contrary to Constitution of e United
states nor existing treaty Of the United States shall
man In force until the Congress of the United States shall other
wise determine" 30 U. s. Statutes at Large p 75O
On the 18th day of August A. d., $685. four days prior
the conviction of the petitioner the attending the
formal transfer of the sovereignty and public property of the
Republic of Hawaii occured the Hawaiian flag lowered
from the Capitol Building and the American flag raised into
place The public property delivered and accepted by the
representative of the United States
Prior to the signing of the resolution of the Re
public of Hawaii had been independent sovereignty She
bad long occupied picturesque position among the govern
ments of the world Although annexation brought
by the mutual efforts and in compliance with the desire of both
when annexation became accomplished fact the
Republic Of Hawaii passed into history there union
marriage has been claimed there absorption
ton In the language of the resolution the Hawaiian Islands
and their dependencies part the territory
of the United Sta and became Subject
eregn dominion thereof"
The Joint Resolution further provided Congress shall
provide for the government such islands all civil judicial
and military powers officers existing gov
in said islands shall be vested in such person persons
and shall be exercised in such the President of the
United States shall Direct and the President shall have power
said officers and fill the vacancies occasioned'
Chief Justice Taney says the subject of newly acquired
territory: Thee is certainly given by the constu
bordering the United States distance be ruled and
governed at its pleasure"
The power expand the territory of the United States by
the admission of states plainly given, and
trucon of this power by all the departments government
has been held to authorize the acquisition terroy
for admission at the time, but to be
lation and situation would enitle be admitted.
1t acquired to become sate and held colony
and governed by Congress with absolute authority.
power therefore in the general government obtain and
hold colonies and dependent territories which they might
legae without restrcton would be with its
existence in present form. 1T cannot create for
itself character separate from the cti,ens Of the Und
States and the duties it them under the constitution THE
territory being part of the United States the goUernen and
The citizens both enter 1T under the constitution with their
pecive rights defined and marked and the federal
power his person property beyond
What that instruments confer dUfnty deny right
,ohich has reserred 1t could confer po,eer
aRy government established its authority relate the
provisions of the constitution Scott Sdndford 10 How o.
S. 450123.
admitted that the King of Spain ad Justice
Danel) could by treaty otherwise mpart the United
States of his royal prerogatves and much less it be adj
mtted that they have capacity receive exercise
them
Ery nation acquiring territory by treaty oherarise
must hold subject to the constitution and acs of its
een and according those of the government cedng
it." Pallods Lessees o. Hagdn, How. 225.
the license cases. How 613, Mr. Justice Daniel again
said laws of the United States in order be binding, must
be within the legislative powers vested by the constitution
Treaties be valid be within the scope the pow
for there be Authority of the United States
what derived mediatey immediately and regularly and
legrnately from the constitution"
Chief Justice Marshall speaking for the Supreme Court of
the United States relative the territory of Florida acquired
by United by treaty from the King of Span said
the subject of territory ceded by treaty: The
tuon confe absolutely the of the Union the
powers of making Of making treaties Consequently
that possesses the power of acquiring territory either
v conquest or treaty usage Of the world if nation be