188 BELLIGERENT RIGHTS TO CUBA. exampled wrongs to humanity in process of perpetration by Spain against her former subjects, and now more fully realized in the extermination of noncombatants by tens of thousands, and their starvation, by military orders, in groups of hundreds of thousands, who, lingering, still live. The Senate has nothing to regret or to modify as to the action that was taken in the adoption of the resolution now again presented for its action, and still hopefully invites the concurrence of the House of Representatives. In all parliamentary usage, and in accord with the spirit of our institutions, the Houses, in their action upon all questions presented to them, are entirely free and independent in their deliberations and votes. It is needless to say that any attempt to coerce one of the Houses of Congress by the action of the other is derogatory to the welfare of the country; and it is a high duty of each House to avoid giving to the other any reasonable ground of complaint or apprehension of such purpose. It is, on the contrary, an imperative duty that such a suspicion should be made fairly impossible. The Government must be supported, and the necessary appropriations for the consular and diplomatic service are of vital importance. Under existing conditions it is not an unreasonable supposition that it will be in the nature of compulsion or coercion of the House of Representatives if the Senate should place upon that bill an amendment in the same terms with the joint resolution heretofore adopted by the Senate, which is still pending in the House of Representatives. It is more clearly a reasonable inference that such would be the purpose of the Senate, because the same effort was made in the House of Representatives, on the passage of the consular and diplomatic appropriation bill, to place this proposed amendment upon that bill, and the motion was lost through the action of that body. The desire of the committee that the joint resolution adopted by the Senate should be adopted by the House of Representatives is earnest and unanimous, but they do not recommend that any action should be taken in the Senate that will or can in any way be considered by that honorable body as an interference with their perfect freedom and independence in their deliberations upon any measure. The committee recommends that the proposed amendment be laid upon the table. [See pp. 307, 1016, and pp. 11, 15, 33, 78, 199, 363, Vol. VI.] March 16, 1898 [Senate Report No. 681.] Mr. Davis, from the Committee on Foreign Relations, submitted the following report: The joint resolution for the annexation of Hawaii to the United States, herewith reported to the Senate by the Committee on Foreign Relations as a substitute for Senate joint resolution No. 100 and Senate bill No. 2263, which were referred to that committee, brings that subject within reach of the legislative power of Congress under the precedent that was established in the annexation of Texas. A treaty of annexation was negotiated between Texas, as an independent State, and the United States, which was signed by the agents of the high contracting powers on the 12th day of April, 1844, and was submitted to the Senate of the United States by President Tyler, with a recommendation that it be ratified. After mature consideration that treaty was rejected by the Senate on the 8th day of June, 1844, by a vote of 16 Senators for ratification and 35 Senators against ratification. A copy of that treaty is appended to this report, marked Appendix 1. The people of Texas were so indignant at the rejection of this treaty that a powerful party at once sprang into existence in favor of a treaty of alliance with Great Britain, and Mexico was known to be ready to acknowledge and guarantee the independence of Texas if she would agree never to form a union with any other country. The people of the United States became greatly aroused at the prospect of losing Texas, in consequence of the indignation of her people over the rejection of the treaty, and they demanded immediate annexation by a law that would speak the will of the majority in Congress. Afterwards, and without any further action by the Republic of Texas. to signify its consent to annexation to the United States, the following joint resolution, containing two alternate sections, passed both Houses of Congress and was approved by the President on the 7th day of March, 1845. The vote in the Senate on the passage of this joint resolution was, ayes, 23; nays, 19. In the House of Representatives the vote was, ayes, 120; nays, 98. The following is a copy of that joint resolution: No. 8. JOINT RESOLUTION for annexing Texas to the United States. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress doth consent that the territory properly included within, and rightfully belonging to the Republic of Texas, may be erected into a new State, to be called the State of Texas, with a republican form of government, to be adopted by the people of said republic, by deputies in convention assembled, with the consent of the existing government, in order that the same may be admitted as one of the States of this Union. 2. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, and with the following guarantees, to wit: First, Said State to be formed, subject to the adjustment by this Government of all questions of boundary that may arise with other governments; and the constitution thereof, with the proper evidence of its adoption by the people of said Republic of Texas, shall be transmitted to the President of the United States, to be laid before Congress for its final action, on or before the first day of January, one thousand eight hundred and forty-six. Second. Said State, when admitted into the Union, after ceding to the United States, all public edifices, fortifications, barracks, ports and harbors, navy and navyyards, docks, magazines, arms, armaments, and all other property and means pertaining to the public defence belonging to said Republic of Texas, shall retain all the public funds, debts, taxes, and dues of every kind, which may belong to or be due and owing said republic; and shall also retain all the vacant and unappropriated lands lying within its limits, to be applied to the payment of the debts and liabilities of said Republic of Texas, and the residue of said lands, after discharging said debts and liabilities, to be disposed of as said State may direct; but in no event are said debts and liabilities to become a charge upon the Government of the United States. Third. New States, of convenient size, not exceeding four in number, in addition to said State of Texas, and having sufficient population, may hereafter, by the consent of said State, be formed out of the territory thereof, which shall be entitled to admission under the provisions of the Federal Constitution. And such States as may be formed out of that portion of said territory lying south of thirty-six degrees thirty minutes north latitude, commonly known as the Missouri compromise line, shall be admitted into the Union with or without slavery, as the people of each State asking admission may desire. And in such State or States as shall be formed out of said territory north of said Missouri compromise line, slavery, or involuntary servitude (except for crime) shall be prohibited. 3. And be it further resolved, That if the President of the United States shall in his judgment and discretion deem it most advisable, instead of proceeding to submit the foregoing resolution to the Republic of Texas, as an overture on the part of the United States for admission, to negotiate with that Republic; then, Be it resolved, That a State, to be formed out of the present Republic of Texas, with suitable extent and boundaries, and with two representatives in Congress, until the next apportionment of representation, shall be admitted into the Union, by virtue of this act. on an equal footing with the existing States, as soon as the terms and conditions of such admission, and the cession of the remaining Texian territory to the United States shall be agreed upon by the Governments of Texas and the United States: And that the sum of one hundred thousand dollars be, and the same is hereby, appropriated to defray the expenses of missions and negotiations, to agree upon the terms of said admission and cession, either by treaty to be submitted to the Senate, or by article to be submitted to the two Houses of Congress, as the President may direct. Approved March 1, 1845. In this act it was left to the discretion of the President to accept annexation by treaty or by articles of agreement with the Government of Texas, which were to be valid if made with the President of Texas under legislative authority, or by the act of a convention chosen by the people of Texas, under like authority. The Government of Texas preferred the convention plan, and a convention was called. The governor submitted to the people the question of annexation and it was voted, but the act of the legislature calling the convention made no such provision. Acting on the consent of Texas to come into the Union as a State under the provistons of section 1 of the act of March 7, 1845, Congress, on the 29th of December, 1845, declared, by joint resolution, that Texas was one of the States of the American Union. This joint resolution clearly establishes the precedent that Congress has the power to annex a foreign State to the territory of the United States, either by assenting to a treaty of annexation or by agreeing to articles of annexation or by act of Congress based upon the consent of such foreign Government obtained in any authentic way. No exercise of power could be more supreme than that under which Texas was annexed to the United States, either as to its scope or the manner of the annexation or the choice of conditions upon which Congress would merge the sovereignty of an independent republic into the supremacy of the United States. This act also establishes the fact that a treaty with a foreign State which declares the consent of such State to be annexed to the United States, although it is rejected by the Senate of the United States, is a sufficient expression and authentication of the consent of such foreign State to authorize Congress to enact a law providing for annexation, which, when complied with, is effectual without further legislation to merge the sovereignty of such independent State into a new and different relation to the United States and toward its own people. It further establishes the fact that Congress, in legislating upon the question of the annexation of a foreign State, rightfully acts upon the consent of such State as the sovereign representative of its people, and that the power of Congress to complete the annexation of such foreign State depends alone upon the sovereign will and consent of such State, given and expressed through its organized tribunals. It further establishes the fact that Congress can not acquire the right or jurisdiction to annex a foreign and independent state through a vote of a majority of its people, in opposition to the will of its constituted authorities. It is the constitutional power of Congress that operates to annex foreign territory. Such a proceeding on the part of Congress as the submission of the question to vote of the people of such a state would only create disorder and revolution in a foreign state applying through its constituted authorities for admission into the United States. This important, clear, and far-reaching precedent established in the annexation of the Republic of Texas is a sufficient guide for the action of Congress in the passage of the joint resolution herewith reported. If, in the judgment of Congress, such a measure is supported by a safe and wise policy, or is based upon a national duty that we owe to the people of Hawaii, or is necessary for our national development and security, that is enough to justify annexation, with the consent of the recognized government of the country to be annexed. THE POLICY OF ANNEXATION, as it applies to Hawaii, has been exceptional and clear since our earliest diplomatic relations with that Government. From the beginning down to this date the idea and expectation has been constantly entertained by the people and Governments of both countries that whenever the conditions should be such as to make annexation of mutual advantage it should be consummated. On the part of Hawaii this purpose has been sustained by two facts: First. That no ruler of Hawaii since the time of Kamehameha I has believed that these islands, that are so tempting to the cupidity of commercial powers, could maintain an autonomous government without the interested support of some great maritime nation. Second. That the rulers of Hawaii, on each occasion when the islands have been threatened with foreign interference or domestic violence, have at once appealed to some foreign power for help. It was with the help of guns captured, by surprise, from the ship Fair American that were manned and worked by John Young, an American sailor, who was captured on shore from the crew of the Eleanor in 1789 and fourteen other captured sailors, that Kamehameha I was enabled to extend his dominion from the Island of Hawaii to the other islands of the group and to establish his empire and dynasty. The King was so deeply impressed with the necessity for the aid of foreigners in maintaining his rule, and of their superiority in war, that he voluntarily ceded the supreme sovereignty of his Kingdom to Great Britain, and Hawaii became a dependency, over which he was to rule as a petty king, in consideration that Vancouver would bring him missionaries to teach him the gospel and a ship of war to fight his enemies. In every reign since that cession, which Great Britain seems neither to have accepted or refused, when any serious trouble has arisen in the Hawaiian Islands, cession, or annexation to some foreign power, has been tendered by the Crown; and on three occasions the ownership of the islands has been eagerly offered to the United States. This was done when Lord George Pawlett, in 1843, forced a surrender of the islands to Great Britain, as it had been done in 1839, when the French frigate Artémise, in command of Captain La Place, invaded Honolulu and captured the fort. Then, in 1853, followed the treaty of annexation to the United States, conducted under the direction of Mr. Marcy, as Secretary of State, which was solicited by Hawaii and signed by the negotiators, but was not ratified by the King because of his sudden death. In February, 1874, when Kalakaua was elected king, the followers of Queen Emma, his defeated opponent, who was the granddaughter of John Young, raised an insurrection against the king, which was quelled by the marines of the United States ship Tuscarora, who were landed in Honolulu at the request of Kalakaua, he having no forces to defend him except a body of unarmed citizens, nearly all of them Americans. There was just cause for the constant reliance of all these kings upon the protection of the United States and upon the Americans in the islands, for the reason that none of them could have been safe at any time in relying for protection or for the enforcement of the laws upon their native subjects. For like reasons, and because no American called into his counsels ever wronged or deceived a Hawaiian king, they were sought out and were urgently invited to accept leading positions in their cabinets. Among these advisers were men like Mr. Richards, Dr. Judd, Mr. Wylie, Mr. Armstrong, and Mr. Ricord, who, for high character and great abilities, were seldom excelled in the cabinets of the most enlightened governments. It was the influence of such men, with the powerful aid of the missionaries, that has created in Hawaii a civilization and a government that has no equal in the rapidity and steadiness of its progress from absolute barbarism to a very high plane of social order and enlightened liberty. That the thoughtful people of Hawaii, who have been thus lifted up to an honorable position among the family of Christian nations, should have a firm faith in the American people and a warm attachment for them, is only an evidence of their gratitude toward their deliverers. and of their intelligent appreciation of the great blessings they enjoy through the devoted labors of these Americans. The Government of the United States, with a clear forecast as to the relations that in the future would naturally exist toward the people of Hawaii, and as to the importance of these islands to the United States, assumed toward them an attitude that from the beginning has been entirely exceptional. We have dealt with no other country in the manner that we have dealt with Hawaii. In the first diplomatic note that defined the relations of the United States toward Hawaii, Mr. Webster, in the instructions to Commissioner |