Jennifer Wada at 02:02, 26 April 2006

2006-04-26T02:02:17Z

Jennifer Wada at 03:32, 10 March 2006

2006-03-10T03:32:59Z

New page

not be derived from that agreement
so much as from the act of the
United States in taking
possession. 223/
Senator Bate remarked on June 30,
1898, "that it is an innovation upon
all precedents known in the history of
this country and its legislation that
we should have a resolution from the
House of Representatives before the
Senate involving the precise question
that is still pending in the nature of
a treaty." 224/ To this nay be added
the statement concerning McKinley's
sentiments that, "He had thought of
Hawaii for a year while the treaty
languished in the Senate, and finally
adopted the medium of a joint
resolution for speed's sake though he
still disliked its quality of
evasion." 225/
President McKinley had evidently
considered using a joint resolution to
annex Hawaii as early as March 15,
1897. In a conference with former
Secretary of State Foster and
President Pro Tern of the Senate,
William Pierce Frye, the President
decided that because his party lacked
a two-thirds majority in the Senate:
"a joint resolution was best, since it
required simple majorities in each
house." 226/ However, after sudden
negotiations for the Annexation Treaty
of June 16, 1897, the treaty was
introduced in the Senate instead. The
President at this time "had now
abandoned the joint resolution scheme
because it smacked of weakness, and he
wished to gauge opinion while the
Treaty was debated." 227/
The joint resolution that was
finally used to annex Hawaii was not
introduced until world events made
plain to the President and Congress
that annexation was essential. All
concerned viewed it as an expedient.
The possibility that passage by a
majority of the more representative
House, as well as by the Senate, may
have indicated greater public support
than treaty ratification apparently
was not discussed by those considering
these issues.
A Comparison to Annexation of Other
Territories
Inhabited territories, other than
those lands ceded to the Federal
Government by individual states, and
except for Texas, were annexed by
treaty until 1898. 228/ President
Jefferson, in considering the
territorial annexation of Louisiana in
1803, deliberated carefully whether he
had the constitutional authority to
annex. The Constitution prohibited
the Federal Government from exercising
all powers not expressly delegated to
it, and was silent on the subject of
territorial expansion. Amendment of
the Constitution was possible, but
Jefferson thought the time required to
amend could have lost the purchase of
Louisiana. He therefore entered into
a treaty with France to purchase and
annex the Louisiana Territory on
April 30, 1803. At the same time he
proposed "to procure a subsequent
ratification of the act in a
constitutional amendment that should
make specific provisions for future
acquisitions." 229/ Since the strict
constructionists were in the minority,
however, without amendment "the
troublesome question was deemed to be
settled in favor of the constitutionality
of territorial acquisition
for all time." 230/
The precedent set in the case of
Louisiana was subsequently followed in
other cases of annexation by treaty:
Florida was acquired from Spain on
February 22, 1819; California
basically was acquired by conquest in
1846-47, followed by a treaty with
Mexico on February 2, 1848; New Mexico
and Arizona were included in the
California treaty; additional
304

@@ Line 1: / Line 1: @@
-not be derived from that agreement
+:not be derived from that agreement so much as from the act of the United States in taking possession. <u>223</u>/
 so much as from the act of the
 Senator Bate remarked on June 30,
 , "that it is an innovation upon
@@ Line 11: / Line 9: @@
 Senate involving the precise question
 that is still pending in the nature of
-a treaty." 224/ To this nay be added
+a treaty." <u>224</u>/ To this nay be added
 the statement concerning McKinley's
 sentiments that, "He had thought of
@@ Line 19: / Line 17: @@
 resolution for speed's sake though he
 still disliked its quality of
-evasion." 225/
+evasion." <u>225</u>/
 President McKinley had evidently
 considered using a joint resolution to
@@ Line 31: / Line 30: @@
 "a joint resolution was best, since it
 required simple majorities in each
-house." 226/ However, after sudden
+house." <u>226</u>/ However, after sudden
 negotiations for the Annexation Treaty
 of June 16, 1897, the treaty was
@@ Line 39: / Line 38: @@
 because it smacked of weakness, and he
 wished to gauge opinion while the
-Treaty was debated." 227/
+Treaty was debated." <u>227</u>/
 The joint resolution that was
 finally used to annex Hawaii was not
@@ Line 53: / Line 53: @@
 was not discussed by those considering
 these issues.
 A Comparison to Annexation of Other
-Territories
+===<u>A Comparison to Annexation of Other Territories</u>===
 Inhabited territories, other than
 those lands ceded to the Federal
 Government by individual states, and
 except for Texas, were annexed by
-treaty until 1898. 228/ President
+treaty until 1898. <u>228</u>/ President
 Jefferson, in considering the
 territorial annexation of Louisiana in
@@ Line 80: / Line 81: @@
 constitutional amendment that should
 make specific provisions for future
-acquisitions." 229/ Since the strict
+acquisitions." <u>229</u>/ Since the strict
 constructionists were in the minority,
 however, without amendment "the
@@ Line 86: / Line 87: @@
 settled in favor of the constitutionality
 of territorial acquisition
-for all time." 230/
+for all time." <u>230</u>/
 The precedent set in the case of
 Louisiana was subsequently followed in
@@ Line 97: / Line 99: @@
 and Arizona were included in the
 California treaty; additional
+{{p|304}}

Template:Nhsc-v1-304 - Revision history

Jennifer Wada at 02:02, 26 April 2006

Jennifer Wada at 03:32, 10 March 2006