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No. 186. Annexation of the Hawaiian

Islands

July 7, 1898

IN January, 1893, Queen Liliuokalani of the Hawaiian Islands was forced to abdicate, and a provisional government was proclaimed, followed in July, 1894, by the establishment of a republic. The constitution of the republic expressly authorized a treaty of "political or commercial union" with the United States. A treaty of annexation, concluded in 1893, was withdrawn by President Cleveland. A second treaty was signed June 16, 1897, and ratified by the Senate of Hawaii. On the outbreak of the war with Spain the United States assumed to use the islands as a naval base. May 4, 1898, while the treaty of annexation was pending, Francis G. Newlands of Nevada introduced a joint resolution for annexation, the resolution being one of several similar propositions which had been submitted to Congress. The terms proposed by the resolution were substantially the same as those embodied in the pending treaty. The resolution was reported without amendment May 17, but was not taken up until June 11. On the 15th a substitute declaring against the acquisition of the islands by any foreign power, and guaranteeing their independence, was rejected by a vote of 96 to 204, and the resolution passed, the final vote being 209 to 91. The resolution was reported in the Senate June 17 without amendment, taken up on the 20th, and debated until July 6, when, by a vote of 42 to 21, it was agreed to. The formal transfer of the islands took place August 12. An act of April 30, 1900, provided a territorial form of government.

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REFERENCES. Text in U. S. Statutes at Large, XXX., 750, 751. For the proceedings see the House and Senate Journals, 55th Cong., 2d Sess., and the Cong. Record. See also Senate Report 681 and House Report 1355. The report of the Hawaiian commission is Senate Doc. 16, 55th Cong., 3d Sess. On the earlier relations with Hawaii see Senate Report 227 and House Exec. Doc. 47, 53d Cong., 2d Sess.

Joint Resolution To provide for annexing the Hawaiian Islands to the United States.

WHEREAS the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede absolutely 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 also to cede and transfer to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public

property of every kind and description belonging to the Govern ment of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore,

Resolved. . ., That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America.

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.

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 fulfillment of the treaties so extinguished, and not inconsistent with this joint resolution 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.

The public debt of the Republic of Hawaii, lawfully existing at the date of the passage of this joint resolution, 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 four million dollars. 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.

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.

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 Hawaiian Islands as they shall deem

necessary or proper.

SEC. 2. That the commissioners herein before provided for shall be appointed by the President, by and with the advice and consent of the Senate.

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No. 187. Treaty of Paris

December 10, 1898

OVERTURES for peace between the United States and Spain were begun July 26, 1898, through Jules Cambon, the French ambassador, resulting, August 12, in the signing of a protocol and the suspension of hostilities. Commissioners on the part of the United States were named August 26, Senator George Gray of Delaware being appointed, September 9, in place of Justice Edward D. White, who declined to serve. The commissioners of the two countries met at Paris October 1, and December 10 concluded a treaty of peace. The Senate ratified the treaty February 6, 1899, and April 11 the treaty was proclaimed. The appropriation of $20,000,000 called for by Article III was made March 2.

REFERENCES. - Text in U. S. Statutes at Large, XXX., 1754-1762. For the protocols and other documents see Senate Doc. 62, 55th Cong., 3d Sess.

ARTICLE I.

Spain relinquishes all claim of sovereignty over and title to Cuba.

And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.

ARTICLE II.

Spain cedes to the United States the island of Porto Rico and other islands now under Spanish sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones.

ARTICLE III.

Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:

A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4° 45') north latitude, thence along the parallel of four degrees and forty five minutes (4° 45′) north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119° 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119° 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7° 40′) north, thence along the parallel of latitude seven degrees and forty minutes (7° 40′) north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th)

degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.

ARTICLE IV.

The United States will, for the term of ten years from the date of the exchange of the ratifications of the present treaty, admit Spanish ships and merchandise to the ports of the Philippine Islands on the same terms as ships and merchandise of the United States.

ARTICLE V.

The United States will, upon the signature of the present treaty, send back to Spain, at its own cost, the Spanish soldiers taken as prisoners of war on the capture of Manila by the American forces. The arms of the soldiers in question shall be restored to them.

Spain will, upon the exchange of the ratifications of the present treaty, proceed to evacuate the Philippines, as well as the island of Guam, on terms similar to those agreed upon by the Commissioners appointed to arrange for the evacuation of Porto Rico and other islands in the West Indies, under the Protocol of August 12, 1898, which is to continue in force till its provisions are completely executed.

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Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offences, in connection with the insurrections in Cuba and the Philippines and the war with the United States.

Reciprocally, the United States will release all persons made prisoners of war by the American forces, and will undertake to obtain the release of all Spanish prisoners in the hands of the insurgents in Cuba and the Philippines.

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