A New Method of Acquiring Territory.
373
A NEW METHOD OF ACQUIRING TERRITORY. By James W. Stillman. AMONG recent events in the history of the United States, perhaps there is none of greater importance than the passage by Congress of the joint resolution annexing the Hawaiian Islands as a part of the territory of this nation, which joint resolution was ap proved by the President on July 7, 1898. For several weeks previous to this action on the part of Congress, the expediency thereof was made the subject of a long debate in both Houses and was quite freely discussed in the daily press and on public platforms throughout the country; and many important considerations were urged on both sides of the question. Concerning the wis dom of this measure the writer will express no opinion, as that is purely a political ques tion the discussion of which would be for eign to the general scope and purpose of this magazine; but he proposes to confine his observations strictly to the question whether or not, the recent action of Con gress in annexing these islands to the United States by a joint resolution was in accordance with the Federal Constitution. The only provisions therein contained re lating to this question are the following: — The Congress shall have power to declare war, grant letters of marque, and reprisal and make rules concerning captures on land and water. (Clause 11, Section 8, of Article I.) He (the President), shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators pres ent concur. (Clause 2, Section 2, of Article II.) New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned as well as of the Congress. (Clause 1, Section 3, of Article IV.)
It will be perceived that according to the first provision of the Constitution above quoted, Congress possesses the sole power to declare war, although the purposes for which that may be done are not specified, being left entirely to the discretion of that body. Therefore, it may declare war against any nation or people in the world for any purpose which in its judgment may be necessary. Accordingly, it may do this for the sole object of conquest and for the acquisition of territory thereby. Hut the right to acquire territory by this method is not involved in the present discussion, as our Government has never declared or waged war against the Republic of Hawaii; and consequently this is not territory acquired by conquest. According to the second provision of the Constitution above quoted, the President has the power to make treaties with other na tions by and with the advice and consent of the Senate, provided two-thirds of the Senators present concur with him therein. A treaty is an agreement or a compact be tween two or more sovereign States, negoti ated by authorized agents thereof, and duly ratified by the sovereign power of each of the respective parties thereto. The subject matter of treaties has been and is almost unlimited; and no species thereof is more common than that by which foreign territory is acquired; and in considering the extent of this power we have a right to assume that it is possessed by our Government as fully and as completely as it is by any other; and unless it be restricted in a manner which the language of the Constitution does not require, thus rendering the United States inferior to all other nations in this respect, it must be admitted that this is a proper method of acquiring territory. But as no
