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ANNEXATION TREATY WITH THE HAWAIIAN ISLANDS.

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ical form of government, the creation of a provisional government thereof in the name of the Hawaiian people, the recognition of the same by the representatives there of the United States and of all other powers, the dispatch of a commission to this capital to negotiate for a union of the Government of the Hawaiian Islands with the Government of the United States, and the outcome of those negotiations in the treaty herewith submitted.

The change of government in the Hawaiian Islands, thus chronicled, was entirely unexpected so far as this Government was concerned. It is true that for some monthis past the Hawaiian press and the advices received from the diplomatic and consular representatives at Honolulu indicated political uncertainty, party intrigues, and legislative opposition, but not more so than at many times in the past history of the islands, and certainly not suggestive of an overthrow of the monarchy through popular resistance to the unconstitutional acts of the late sovereign. At no time had Mr. Stevens been instructed with regard to his course in the event of a revolutionary uprising. The well-established policy of this Government, maintained ou many occasions from its earliest establishment, to hold relations with any de facto government in possession of the effective power of the State and having the acquiescence of the governed, being ample to meet unforeseen contingencies, no instructions in this specific sense were indeed necessary; and the minister, without explicit instructions, was expected and con strained to use his best judgment, in accordance with fundamental precedent, as the emergency should arise.

The change was in fact abrupt and unlooked-for by the United States minister or the naval commander. Atamoment of apparent tranquillity, when the political excitement and controversy of the immediately preceding three months had been to all appearances definitely allayed, and when, as appears from dispatches from the minister and from the commanding officer of the Boston, a settlement of differences seemed to have been reached, Minister Stevens quitted the capital for a brief excursion of ten days to a neighboring island, on the Boston, the only naval vessel of the United States at the islands. On returning to Honolulu on January 14 the crisis was found to be in full vigor and to have already reached proportions which made inevitable either the success of Queen Liliuokalani's attempt to subvert the constitution by force or the downfall of the monarchy.

On Saturday, the 14th of January, the capital was wholly controlled by the royal troops, including a large additional force of over 500 armed men not authorized by Kawaiian law. On the same day the first call to arms in opposition to the Queen was issued, and the citi. zens' committee of safety was developed. During the 14th, 15th, and most of the 16th, the two parties confronted each other in angry hostility, with every indication of an armed conflict at any moment. It was not until late in the afternoon of Monday, the 16th, after request for protection had been made by many citizens of the United States residing in Honolulu, that a force of marines was landed from the Boston, by direction of the minister, and in conformity with the standing instructions which for many years have authorized the naval forces of the United States to coöperate with the minister for the protection of the lives and property of American citizens in case of imminent disorder. The marines, when landed, took no part whatever toward influencing the course of events. Their presence was wholly precautionary, and only such disposition was made of them as was calculated to subserve the particular end in view. They were distributed that night between

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the legation and the consulate, where they occupied inner courts and a private hall rented for their accommodation. Beyond a sentry at the door of each post, and the occasional appearance of an officer passing from one post to another, no demonstration whatever was made by the landed forces, nor was the uniform of the United States visible upon the streets. They thus remained, isolated and inconspicuous, until after the success of the Provisional Government and the organization of an adequate protective force thereunder.

At the time the Provisional Government took possession of the Government buildings, no troops or officers of the United States were present or took any part whatever in the proceedings. No public recognition was accorded to the Provisional Government by the United States minister until after the Queen's abdication and when they were in effective possession of the Government buildings, the archives, the treasury, the barracks, the police station, and all the potential machinery of the Government.

Then, and not until then, when the Provisional Government had obtained full de facto control, was the new order of things recognized by the United States minister, whose formal letter of recognition was promptly followed by like action on the part of the representatives of all foreign governments resident on the Hawaiian Islands. There is not the slightest indication at any time prior to such formal recognition in full accord with the long-established rule and invariable precedents of this Government, did the United States minister take any part in promoting the change, either by intimidating the Queen or by giving assurance of support to the organizers of the Provisional Government.

The immediate cause of the change is clearly seen to have been the unconstitutional and intemperate acts of the Queen herself, in attempting to coerce hér responsible ministers and to annul the existing constitution and replace it arbitrarily by another of her own choice.

The Provisional Government of the Hawaiian Islands is, by all usual and proper tests, in the sole and supreme possession of power and in control of all the resources of the Hawaiian nation, not only through the Queen's formal submission, but through its possession of all the armed forces, arms and ammunitions, public offices, and administration of law, unopposed by any adherents of the late Government.

On the first instant, subsequently to the departure of the Hawaiian special commissioners, the United States minister at Honolulu, at the request of the Provisional Government, placed the Hawaiian Government under the protection of the United States to insure the security of life and property during the pending negotiations at Washington and without interfering with the administration of public affairs by the said Government. An instruction has been sent to the minister, commending his action in so far as it lay within the purview of standing instructions to the legation and to the naval commanders of the United States in Hawaiian waters, and tended to coöperate with the administration of affairs by the Provisional Government, but disavowing any steps in excess of such instructions whereby the authority and power of the United States might appear to have been asserted to the impairment of the independent sovereignty of the Hawaiian Government by the assumption of a formal protectorate.

In this condition of things, the five commissioners named by the Provisional Government of the Hawaiian Islands reached Washington on the 3d instant, bearing authentic letters from the Hawaiian Government accrediting them to the President, and conferring upon them full

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ANNEXATION TREATY WITH THE HAWAIIAN ISLANDS.

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powers to negotiate for the union of the Hawaiian Islands to the United States.

On the 4th instant the commissioners were accorded an interview with the undersigned, at the request of the regularly accredited Hawaiian minister, Mr. J. Mott Smith, and submitted their credentials, accompanied by a statement of events leading up to and connected with the overthrow of the inonarchy and the establishment of the Provisional Government. At a second conference on the same day the commissioners submitted to the undersigned the proposition of the Provisional Government, containing the terms upon which that Gov. ernment desired the annexation of the Hawaiian Islands to the United States. A copy of this proposition is inclosed. Frequent conferences have since been held at the Department of State, and all questions connected with the subject have been carefully examined and discussed, until a concurrence of views on the part of the negotiating parties was reached on the 14th instant.

In drafting and agreeing upon the treaty now transmitted, the undersigned has sought, under your direction, to effect thereby the annexation of the Hawaiian Islands to the United States with as few conditions as possible and with a full reservation to Congress of its legislative prerogatives. An examination of the provisions of this treaty will show that to Congress is reserved the determination of all questions affecting the form of government of the annexed territory, the citizenship and elective franchise of its inhabitants, the manner and terms under which the revenue and navigation laws of the United States are to be extended thereto, and all other questions relating to the economic and political status of the islands. As there is no provision in the existing legislation of Congress whereby the Executive power can provide an organized form of government for new territory annexed to the Union, or extend over it the laws of the United States and cause the same to be executed, it was deemed necessary to continue the existing government and laws of the Hawaiian Islands until Congress should have an opportunity to legislate on the subject; but a provision has been inserted in the treaty for the exercise by the Executive of the United States of a veto power upon the acts of that government during the interregnum. The temporary maintenance of the existing political institutions of the islands seems the more appropriate in view of the fact that the Hawaiian constitution, of which a copy is inclosed herewith, and the Hawaiian laws are based upon principles similar to those contained in our own organic law and the principles of the common law.

It is to be noted that, according to a recognized principle of international law, the obligations of treaties, even when some of their stipulations are in terms perpetual, expire in case either of the contracting parties loses its existence as an independent state. The foreign treaties of the Hawaiian Islands therefore terininate, upon annexation, with the competence of the government thereof to hold diplomatic relations. An examination of these treaties shows, however, that they contain no: stipulations which would embarrass either the Hawaiian Islands or the United States by their termination.

Accompanying the treaty are tables giving full details as to the area of the territory annexed, the public debt, the public lands, the annual allowances to and revenue of the late royal household, and statistics as to the population, revenues, commerce, and other economic matters relating to the islands.

It is gratifying to be able to state that pending the negotiations lead. ing up to the treaty herewith submitted the undersigned has received

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ANNEXATION TREATY WITH THE HAWAIIAN ISLANDS. .

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such assurances from the representatives of the leading powers of the world and from our own ministers abroad as leads to the conviction that the incorporation of the Hawaiian Islands into our Union will be regarded by these powers with satisfaction or ready acquiescence. Respectfully submitted.

JOHN W. FOSTER. DEPARTMENT OF STATE,

Washington, February 15, 1893.

1 The United States of America and the Provisional Government 2 of the Hawaiian Islands, in view of the natural dependence of 3 those Islands upon the United States, of their geographical prox4 imity thereto, of the intimate part taken by citizens of the United 5 States in there implanting the seeds of Christian civilization, of the 6 long continuance of their exclusive reciprocal commercial relations 7 whereby their mutual interests have been developed, and the pre8 ponderant and paramount share thus acquired by the United 9 States and their citizens in the productions, industries and trade 10 of the said Islands, and especially in view of the desire expressed 11 by the said Government of the Hawaiian Islands that those Islands 12 shall be incorporated into the United States as an integral part 13 thereof and under their sovereignty, in order to provide for and

assure the security and prosperity of the said Islands, the High 15 Contracting Parties have determined to accomplish by treaty an 16 object so important to their mutual and permanent welfare. 17 To this end, the High Contracting Parties have conferred full 18 power and authority upon their respectively appointed Plenipoten19 tiaries, to wit: 20 The President of the United States of America, John W. Foster, 21 Secretary of State of the United States; and 22 The President of the Executive and Advisory Councils of the 23 Provisional Government of the Hawaiian Islands, Lorrin A. Thurs24 ton, Willian R. Castle, William C. Wilder, Charles L. Carter, and 25 Joseph Marsden; 26 And the said Plenipotentiaries, after having communicated to 27 each other their respective full powers, found in good and due form, 28 have agreed upon and concluded the following articles:

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2 The Government of the Hawaiian Islands hereby cedes, from the X3 date of the exchange of the ratifications of this Treaty, absolutely

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ANNEXATION TREATY WITH THE HAWAIIAN ISLANDS.

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4 and without reserve to the United States forever all rights of sov5 ereignty of whatsover kind in and over the Hawaiian Islands and 6 their dependencies, renouncing in favor of the United States every 7 sovereign right of which as an independent nation it is now pos. 8 sessed; and henceforth said Hawaiian Islands and every island 9 and key thereunto appertaining and each and every portion thereof 10 shall become and be an integral part of the territory of the United 11 States.

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The Government of the Hawaiian Islands also cedes and transfers

3 to the United States the absolute fee and ownership of all public, 4 government or crown lands, public buildings or edifices, ports, 5 harbors, fortifications, military or naval equipments and all other 6 public property of every kind and description belonging to the 7 Government of the Hawaiian Islands, together with every right 8 and appurtenance thereunto appertaining. The existing laws of 9 the United States relative to public lands shall not apply to such 10 lands in the Hawaiian Islands, but the Congress of the United 11 States shall enact special laws for their management and disposi. 12 tion: Provided, that all revenue from or proceeds of the same, ex-, 13 cept as regards such part thereof as may be used or occupied for 14 the civil, military or naval purposes of the United States or may 15 be assigned to the use of the local Government, shall be used solely 16 for the benefit of the inhabitants of the Hawaiian Islands for 17 educational and other public purposes.

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2 Until Congress shall otherwise provide, the existing Govern-
3 ment and laws of the Hawaiian Islands are hereby continued, sub-
4 ject to the paramount authority of the United States. The Presi.
5 dent, by and with the advice and consent of the Senate, shall ap-
6 point a Commissioner to reside in said Islands who shall have the
7 power to veto any act of said Government, and an act disapproved
8 by him shall thereupon be void and of no effect unless approved
9 by the President.
10 Congress shall, within one year from the exchange of the rati-
11 fications of this Treaty, enact the necessary legislation to extend
12 to the Hawaiian Islands the laws of the United States respecting
13 duties upon imports, the internal revenue, commerce and naviga;

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