Yale University Library 39002032330285 Cb4m 397c YALEUNIVERSiW LIBRARY BRIEF DIGEST AND INDEX OF The Various Annexations of Foreign Territory made by the United States of America. PREPARED BY WILLIAM R. CASTLE OF THE HAWAIIAN BAR, WHILE HAWAIIAN MINISTER IN WASHINGTON, IN THE YEAR [895. Published by the Annexation Club of Honolulu, Hawaii. WASHINGTON, D. C. : Gibson Bros., Printers and Bookbinders. 1897. YALE INDEX A. Alaska, annexation of 15 Adams, J. Q., views on constitutionality of annexation 4 Admission to Onion, Florida 7 Louisiana 1 Texas 11 Constitutionality discussed 2-5, 11 " by treaty " 4,5 Annexation of Alaska 15 Florida 7 Louisiana 1 Texas 11 by joint resolution, Texas, etc 12 treaty or purchase 1,11 effect of on rights of people 1, 8, 15 treaty stipulations regarding Union 1, 8 authority of TJ. S. Government for 1-5, 7 of entire country or colony 11 B. Benton, views on Texas case 12 Breckenridge. Annexation constitutional 4 C. Canter, Am. Ins. Co., v., decided constitutionality 11 Citizens of annexed territory, rights of 1, 3, 8, 11, 15 Consent of inhabitants not necessary 12 Constitutionality of annexation of foreign territory 2-5, 11 by resolution, discussion on 12, 13, 14 treaty, " 2,4,11,13 settled— refers to 1787 11 F. Federalists, strict construction by 2 Florida, Annexation 7-11 Secret act and resolution to seize 8 Treaty of cession of 1819 8 Bights of inhabitants under 8 Act authorizing President to provide government, . Page, 9 How. 614 ; Scott v. Sanford, 19 How. 393 ; Mormon Church v. TJ. S., 136 TJ. S. 42. " See Am. Ins. Co. v. Cauter, 1 Pet. 542 ; Cross v. Harrison, 16 How. 164 ; Nat. Bank v. Yankton, 101 IJ. S. 129 ; Mormon Church v. TJ. S. 136 U. S. 42 ; Jones v. .TJ. S., 137 TJ. S. 202; Railway v. McGlinn, 114 U. S. 546. 12 TEXAS. had not admitted the independence of Texas as an autonomous govern ment when this war broke out. Indeed, it was caused largely by the con duct of the United States authorities and the Texans regarding annexa tion to the United States. (IV Schouler's U. S. Hist. 247, 250-554 ; VJJI H. H. Bancroft, Chap. 7, Debates of Congress, 1836. See also TV Schouler, U. S. Hist. 444-50.) In the discussions in Congress which arose over the question of annex ation, it is noteworthy that the Whigs argued that it was unconstitu tional for Congress to aunex a foreign republic, but after the precedents of Louisiana and Florida it was held that such a scruple had no weight, and the constitutional right to annex foreign territory was conceded as a thoroughly established precedent of the country. The real objection, which was not named, was the unavoidable extension of the slave power by such annexation. (IV Schouler, U S. Hist. 482.) Seward voiced that sentiment and predicted the nullification and disunion which must inevit ably follow. (Seward's Life, p. 727.) A treaty of annexation was entered into between the two governments, but it failed of ratification in the U. S. Senate, not getting the requisite two-thirds majority. But it is a matter of history that its defeat arose, not upon any question of authority or of unconstitutionality, but on account of the slave question. In his annual message to Congress in December, 1844, President Tyler argued that Texas should be annexed to the American Union at once. He referred to the fact that a proposed treaty of annexation had been negatived, and therefore suggested that a resolution should be passed by Congress for the purpose of accomplishing that which had not been ob tained by treaty. It appears by reference to the Congressional Globe of December, 1843, p. 652, that the vote stood 16 for ratification with 35 against. The treaty is not published nor the proceedings in executive session, but on June 10, 1844, Mr. Benton, in his motion for leave to introduce a bill for the annexation of Texas, spoke of the treaty now being'out of the way ; that he should ask leave to introduce a bill for that purpose, claim ing that only Congress had a right to annex territory and not the Presi dent. He claimed that, by the Constitution, Congress alone could admit States. His speech is interesting as setting forth the course of proceed ings had with regard to Florida. The proposed bill, which did not finally pass, proposed (1) to authorize the President to open negotiations with Mexico and Texas, with the former because that it had not recognized the independence of Texas, although the war with Texas was practically over; (2) to get the consent of the people of Texas by a vote to be taken for that purpose. The 6th section of the bill provided for obtaining the assent of the Republic of Mexico, but upon the 13th of June of that year the bill was tabled by a vote of 25 to 20. (See Congressional Globe, p. 674.) The debates upon this bill, taken with the provisions of the pro posed measure, are interesting and of some value as showing that even at that date Congress did not regard it as necessary to take a vote of the people of the country proposed to be annexed, and the joint resolution which was finally adopted in 1845 made no provision for any such refer endum. Without entering into the various conventions and communications be tween the United States and Texan authorities, the act which finally brought about the annexation of Texas was the passage by the United States Congress, after considerable discussion and some amendment, of a joint resolution upon the 25th of February, 1845, which was signed by TEXAS. 13 President Tyler upon the 1st day of March that year — it being practically his last act before retiring. Its main points are as follows : " Resolved by the Senate and Souse 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 the Union. "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 trans- " mitted to the President of the United States, to be laid before Congress- " for its final action on or before the 1st day of January, 1846. " Second. Said State when admitted into the Union after ceding to the " United States the public edifices * * * ports. and harbors * * * " and all other property * * * 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 to be disposed " of as said State may direct. But in no event are said debts and liabil- " ities 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 the said State of Texas, and having sufficient population, " may hereafter, by the consent of said State, be formed out of the terri- " tory thereof, which shall be entitled to admission under the provisions " of the Federal Conititution * * * (Referring to the slavery ques- " tion.) * * * "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 upon the part of the United States for admission, " to negotiate with that republic ; then, "Re it Resolved, That a State, to be formed out of the present Re- " public of Texas, with suitable extent and boundaries, and with two " representatives in Congress, until the next apportionment of representa- " tion, shall be admitted into the Union, by virtue of this act, on an " equal footing with existing States, as soon as the terms and conditions " of such admission and the cession of the remaining Texan territory to " the United States shall be agreed upon by the governments of Texas and " the United States * * * (appropriation for expenses) * * * to " agree upon the terms of said admission and cession, either by treaty, to " be submitted to the Senate, or by articles to be submitted to the two " houses of Congress, as the President may direct." (V U. S. Stat, at L. 797.) In the discussion which arose upon the resolution, it. was contended that there was but one course by which annexation could be procured — that of a treaty ; but it was admitted that a joint resolution authorizing the admission of Texas as a State was within the powers of Congress, 14 TEXAS. and that whatever may have been the doubt prior to that time, the right of Congress to do so was clearly established. It is very probable that the form of a joint resolution was taken to authorize the annexation of Texas, as its passage through either house of Congress required only a majority, and not two-thirds. In the Senate the vote stood 27 to 25, while in the House it stood 120 to 98, 112 of the majority being Democrats ; and a like proportion of the majority is true in regard to the Senate vote (4 Schuyler, 483-4, and 67 Miles' Debates of Congress, 350). (An interesting account of events that led up to the annexation of Texas and the Mexican war may be found in the 1st chapter of the His tory of the Mexican War by General C. M. Wilcox.) In Texas the legislature met upon the 16th of June, and considered the matter of annexation. Two offers confronted the republic — from Mexico a treaty of peace on terms of separate independence, it being insisted upon that there should be no annexation to the United States; from the United States the proposition of annexation under and in accordance with the terms of the joint resolution. The Mexican offer was unanimously rejected, while that of the United States was unanimously accepted. Three months later a constitution to accord with the requirements of the joint resolution of the United States was submitted to the people, and was adopted by a very large majority, showing clearly the sentiment in Texas. (4 Schuyler, U S. Hist. 520.) Shortly after, this constitution, having been submitted to the Congress of the United States, which began its session early in December, 1845, was approved by the said Congress, and on the 29th of December a joint resolution for the admission of the State of Texas into the Union was adopted. The preamble of the resolution declares that " Whereas the " Congress of the United States, by a joint resolution approved March 1, ¦' 1845, did consent that the territory properly included within and right- " fully belonging to the Republic of Texas might be erected into a new " State, to be called the State of Texas," etc. (recites the adoption of the constitution, its transmission to the President, and approval) ; there fore it was resolved. Sec. 1. " That the State of Texas shall be one, and is hereby declared " to be one, of the United States of America, and admitted into the Union " on an equal footing with the original States in all respects whatever." Sec. 2. Admits two representatives for the State in Congress. (IX U. S. Stat, at L. 108.) Upon the same day the President approved " An act to extend the " laws of the United States over the State of Texas, and for other pur- •' poses." Sec. 1 declared : " That all the laws of the United States are hereby " declared to extend to and over, and to have full force and effect within, '• the State of Texas, admitted at the present session of Congress into ¦• the Confederacy and Union of the United States." Sec. 2 constitutes Texas a judicial district, and provides for terms of court, jurisdiction, etc. (Id. 1.) Another act, approved 31st of December, '45, erects the State of Texas into a collection district, names a port of entry, provides for a collector, surveyors, etc. (Id. 2.) Appropriate legislation thereafter from time to time applied the various laws of the United States to Texas for the purpose of making it in all respects an integral part of the Union, and subject to all the laws and regulations of the country. It is not necessary to quote at length the TEXAS. 15; subsequent proceedings between the United States and Texas, which are ¦ noted in various acts of Congress, except to say that whereas it was pro-!,f' vided in the first instance that Texas should pay its own debt, it was', afterwards practically paid by the United States Government by the issue of $10,000,000 in bonds of the United States to Texas, upon the settle^. ment of the claims of said State to territory now covered by New Mexico .-, and Arizona. (IX U. S. Stat, at L. 446.) The act making such provisionA also establishes the Territory of New Mexico. See also proclamation of the President respecting boundaries. (IX id. 1005.) ':fafa*i The action of the United States and Texas with regard to annexation" naturally provoked the Mexican people and brought about the war;- although the immediate cause thereof was the occupation by the United States troops of the territory south and west of the Neuces river, which' Mexico claimed to be the proper boundary of Texas, while the Texans^; "'. supported by the United States Government, claimed the Rio Grande^K The war was ended by the treaty concluded May 30, 1848, which,,' waaV duly proclaimed the 4th of July following. • r^tt|l§lL In Article 6 of the treaty a division line is provided for between Mexico^.,' and the United States ; and in Article 12 the United States " agrees"£oA " pay to Mexico the sum Of $15,000,000 for the extension of the botmcb£|!' " riesof the United States;" also agreed to pay certain claims of American5''; - citizens against Mexico. (IX U. S. Stat, at L. 922.) ¦>. ' y]$$0 This treaty, which was duly ratified, as required by the Constitutionjpf the United States, is1 still another admission of the right of the United: States to acquire foreign territory, for by it a very large J addition was made to the limits of the country, covering many hundred thousands of square miles, extending on the Pacific coast from the confines of Lower California to the 42d parallel of north latitude, thence to the source of the Arkansas river in the Rocky Mountains. ;' AAA' iv. zfaiifajd Alaska. AAA< After the close of the civil war secret negotiations were entered into between Russia and the United States for the purchase and cession ofthe territory called Russian America or Alaska, and upon the 30th of March,' 1867, a treaty of purchase and cession was concluded, which was ratified and proclaimed at Washington upon the 20th of June following. -(This treaty will be found on p. 939 in tne volume of the United States Treaties and Conventions. The proclamation thereof by the President of the United States appears upon p. 539, Vol. 15, U. S. Stat, at Large. V '•' Article I contains an agreement on the part of Russia to cede^to the United States all Russian territory upon the continent of America and adjacent islands ; thereupon setting forth the geographic limits. .,/"¦: Article LI makes an express conveyance of public lands, fortifications, etc., and agrees that all documents and archives relative thereto shall be delivered to the United States authorities. Article HI provides that such inhabitants of the ced&d territory as desire might return to Russia within three years, reserving their Russian allegiance, but that " if they should prefer to remain in the ceded terri- " tory, they, with the exception of uncivilized native tribes, shall be " admitted to the enjoyment of all the rights, advantages, and immunities " of citizens of the United States, and shall be maintained and protected " in the free enjoyment of their liberty, property, and religion. The unciv- " ilized tribes shall be subject to such laws and regulations as the United 16 ALASKA. " States may from time to time adopt in regard to aboriginal tribes of " that country." Article IV provides for the appointment of agents on the part of each Government to proceed to Alaska for the purpose of transferring the pos session, etc. Article VI provides for the payment by the United States to Russia of $7,200,000, as the price of the ceded territory. There were only two votes against ratification, 37 voting in the affirma tive. For the proceedings upon the ratification of the treaty annexing Alaska, see 15 Executive Journal (1867). p. 675-6. Note. The decision of Congress in 1803 on the acquisition of Louisiana, which forever settled the constitutional authority of the United States as a Gov ernment to acquire foreign territory, only followed in the footsteps of the statesmen of 1787, who accepted the cession of the Northwesi Territory, for the Articles of Confederation were silent upon the subject, as wa* the subsequently adopted Constitution. The principle was established, and must forever remain a part of the American system, that, although not in terms delegated, the power of such acquisition impliedly belonged to the sovereign. This implied power covers the authority to deal with the general ter ritory of the United States ; not only to acquire, but to cede. By treaties in 1842 Great Britain received a portion of Maine, and in 1846 a vast ter ritory in the Northwest and on the shores of the Pacific. (See Miller on the Constitution, pp. 128-131.) The authority of the United States to acquire foreign territory was again affirmed by the Supreme Court in the recent case of Mormon Church v. U. S, 136 U. S. 1. At page 42 the court says : "The power to acquire territory * * * is derived from the treaty- " making power and the power to carry on war. The incidents of these " powers are those of national sovereignty, and belong to all independent " governments. The power to make acquisitions of territory by conquest. " by treaty, and by cession is an incident of national sovereignty. * * * " The acquired territory becomes subject to such conditions as the Gov- " ernment in its different negotiations had seen fit to accept in relation '¦ to the rights of the people then inhabiting those territories." The opinion then goes on relative to powers of the United States in governing the territory, and in the dissenting opinion in those cases de livered by Chief Justice Fuller it is said: ¦• Doubtless territory may be acquired by the direct action of Congress, " as in the annexation of Texas; by treaty, as in the annexation of Lou- " isiana, or, as in the case of California, by conquest, and afterwards by " treaty : but the power to legislate over territories is granted in so many •' words by the Constitution." Sections 5570-'S, U. S. Rev. Statutes, give authority to the President of the United States to declare that guano islands and similar property, wherever the same may be, shall under certain circumstances appertain to the United States. Jones >:. United States, 137 U. S. 202, holds this statute to be constitu tional, and that the action of the President fixes the status of such islands, although detached from the continent. This was decided by the case, although the particular point at issue appears ' to have been the constitutionality of the statute extending the criminal jurisdiction of the United States to such detached possessions. YALE UNIVERSITY LIBRARY 3 9002 03233 0285