Nhsc-v1-304

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nhsc-v1-304

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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

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