guarantee were passed in review. In all of these the independence of the subordinated state is the distinguishing feature, and with it the assumption by the paramount state of responsibility without domain. The disparity of the rela

tive interests and the distance separating the two countries could not fail to render any form of protective association either unduly burdensome or illusory in its benefits, so far as the protecting state is concerned, while any attempt to counteract this by tributary dependence or a measure of suzerain control would be a retrograde movement toward a feudal or colonial establishment alike inexpedient and incompatible with our national policy.

There remained, therefore, the annexation of the Islands and their complete absorption into the political system of the United States as the only solution. satisfying all the given conditions and promising permanency and mutual benefit. The present treaty has been framed on that basis, thus substantially reverting to the original proposal of 1893, and necessarily adopting many of the features of that arrangement. As to most of these, the negotiators have been constrained and limited by the constitutional powers of the Government of the United States. As in previous instances when the United States has acquired territory by treaty, it has been necessary to 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 titular sovereign, as in the cession of Louisiana by France, of Florida by Spain, or of Alaska by Russia, it is the more requisite when the act is not cession, but union, involving the complete incorporation of an alien sovereignty into the body politic of the United States. For this the only precedent of our political history is found in the uncompleted treaty concluded during President Grant's Administration, November 29, 1869, for the annexation of the Dominican Republic to the United States. Following that example, the treaty now signed by the plenipotentiaries of the United States and the Republic of Hawaii reserves to the Congress of the United States the determination of all questions affecting the form of government of the annexed territory, the citizenship and elective franchise of its inhabitants, and the manner in which the laws of the United States are to be extended to the Islands.

In order that this independence of the Congress shall be complete and unquestionable, and pursuant to the recognized doctrine of public law that treaties expire with the independent life of the contracting State, there has been introduced, out of abundant caution, an express proviso for the determination of all treaties heretofore concluded by Hawaii with foreign nations and 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 government for newly incorporated territory, it was necessary to stipulate, as in the Dominican precedent, for continuing the existing machinery of government and laws in the Hawaiian Islands until provision shall be made by law for the government, as a Territory of the United States, of the domain thus incorporated into the Union; but, having in view the peculiar status created in Hawaii by laws enacted in execution of treaties heretofore concluded between Hawaii and other countries, only such Hawaiian laws are thus provisionally continued as shall not be incompatible with the Constitution or the laws of the United States or with the provisions of this treaty. It will be noticed that express stipulation is made prohibiting the coming of Chinese laborers from the Hawaiian Islands to any other part of our national 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 alter or amend existing law in this most important regard. Respectfully submitted.

DEPARTMENT OF STATE,

Washington, June 15, 1896.

TEXT OF THE TREATY.

JOHN SHERMAN.

The United States of America and the Republic of Hawaii, in view of the natural dependence of the Hawaiian Islands upon the United States, of their geographical proximity thereto, of the preponderant share acquired by the United States and its citizens in the industries and trade of said Islands, and of the expressed desire of the Government of the Republic of Hawaii that those Islands should be incorporated into the United States as an integral part thereof and under its sovereignty, have determined to accomplish by treaty an object so important to their mutual and permanent welfare.

To this end, the High Contracting Parties have conferred full powers and authority upon their respectively appointed Plenipotentiaries, to wit:

The President of the United States: John Sherman, Secretary of State of the United States.

The President of the Republic of Hawaii: Francis March Hatch, Lorrin A. Thurston, and William A. Kinney.

ARTICLE I.

The Republic of Hawaii hereby cedes åbsolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies; and it is agreed that all the

territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii.

ARTICLE II.

The Republic of Hawaii also cedes and hereby transfers to the United States the absolute fee and ownership of all public, government, or crown lands, public buildings or edifices, ports, harbors, military equipments, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining.

The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.

ARTICLE III.

Until Congress shall provide for the government of such Islands all the civil, judicial and military powers exercised by the officers of the existing government in said Islands, shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.

The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist, or as may be hereafter concluded between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfilment of the treaties so extinguished, and not inconsistent with this treaty nor contrary to the Constitution of the United States, nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.

Until legislation shall be enacted extending the United States customs laws. and regulations to the Hawaiian Islands, the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.

ARTICLE IV.

The public debt of the Republic of Hawaii, lawfully existing at the date of the exchange of the ratifications of this Treaty, including the amounts due to

depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the Government of the United States; but the liability of the United States in this regard shall in no case exceed $4,000,000. So long, however, as the existing Government and the present commercial relations of the Hawaiian Islands are continued, as hereinbefore provided, said Government shall continue to pay the interest on said debt.

ARTICLE V.

There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States, and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.

ARTICLE VI.

The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the Territory of Hawaii as they shall deem necessary or proper.

ARTICLE VII.

This treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part; and by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the Constitution of the said Republic, on the other; and the ratifications hereof shall be exchanged at Washington as soon as possible.

In witness whereof the respective Plenipotentiaries have signed the above articles and have hereunto affixed their seals.

Done in duplicate at the City of Washington, this sixteenth day of June, one thousand eight hundred and ninety-seven.

Protest was made by the Government of Japan against the

conclusion of the treaty on the ground that it affected Japanese interests and treaty rights in Hawaii.

III.

Area and Population.

For practical purposes, there are eight Islands in the Hawaiian group. The others are mere rocks, of no value at present. These eight Islands, beginning from the northwest, are named Niihau, Kauai, Oahu, Molokai, Lanai, Kahoolawe, Maui, and Hawaii. The areas of the Islands are:

As compared with States of the Union, the total area of the group approximates most nearly to that of the State of New Jersey-7,185 square miles. It is more than three times that of Delaware-2,050 square miles.

The Islands that interest an intending immigrant are Hawaii, Maui, Oahu, and Kauai. It is on these Islands that coffee, fruits, potatoes, corn, and vegetables can be raised by the small investor, and land can be obtained on reasonable terms.

The Island of Hawaii is the largest in the group, and presents great varieties of soil and climate. The windward side, which includes the districts of North Kohala, Hamakua, Hilo, and Puna, is copiously watered by rains, and in the Hilo district, the