Nationalization treaties

Article 3   Regarding the interests of the natives who live in the respective territories that are being exchanged, which are noted in Article 5 of the treaty concluded this day, in Tokyo the government of Japan with the representative envoy of Russia are to decide the articles that should be attached to this [treaty]. [This supplementary note] [is a thing that] shall invest in the Russian envoy the full powers needed for [doing] this.

Article III  Pour compléter et développer l'article V du Ttaité signé ce même jour quant aux droits et á la position des sujets respectifs restant sur les territoires réciproquement cédés, ainsi que relativement aux aborigénes de ces territoires, un article supplémentaire sera négocié et conclu entre le Gouvernement du Japon et le Ministre Résident de Russie á Tokio (Yeddo) qui sera muni á cet effet de pleins-pouvoirs.

各政府臣民ノ權利及其身分且兩地方土人ノΓニツキ
The rights of the subjects of the respective governments and their status,
and matters of natives of both territories

Article 6   The various matters of the provisions that are in the right five articles of the attachment of this treaty, [are things that] shall have the same effect as the treaty already signed in St. Petersburg on the 7th day of the 5th month of the year of Meiji.

The inhabitants of the territories ceded to Japan who wish to take up their residence outside the ceded districts shall be at liberty to sell their real property and retire. For this purpose a period of two years from the date of the exchange of ratifications of the present Act shall be granted. At the expiration of that period those of the inhabitants who shall not have left such territories shall, at the option of Japan, be deemed to be Japanese subjects.

第一　本日調印セシ媾和條約ニ附スル所ノ英譯文ハ該條約ノ日本文本文及漢文本文ト同一ノ意義ヲ有スルモノタルコトヲ約ス

第二　若該條約ノ日本文本文ト漢文本文トノ間ニ解釋ヲ異ニシタルトキハ前記英譯文ニ依テ決裁スヘキコトヲ約ス

1. [The parties] agree that the English translation which is attached to the peace treaty that was signed this day shall have the same meaning as the Japanese text and the Chinese text of the said treaty.

2. [The parties] agree that, at which time [they] differ in [their] interpretation between the Japanese text and the Chinese text of the said treaty, they shall decide [its meaning] in accordance with the aforementioned English translation.

Note   Although ratifications were scheduled to be formally exchanged at Chefoo on 8 May 1895, the Japanese version of the treaty and related agreements were not formally sealed by emperor Mutsuhito, and countersigned by prime minister Ito and foreign minister Mutsu, until 10 May, and were not promulgated by publication in the Official Gazette until 13 May 1895.

Note   The Chinese version uses 大清帝国 and 大日本帝国 and the Japanese version uses 大清國 and 大日本國 for the entities called "China" and "Japan" in the English version. The Chinese version, but not the Japanese version, prefixes 大 to its otherwise identical term (皇帝陛下) for "His Majesty the Emperor".

大清帝国大皇帝陛下及大日本帝国大皇帝陛下为订立和约，俾两国及其臣民重修和平，共享幸福，且杜绝将来纷纭之端，大清帝国大皇帝陛下特简大清帝国钦差头等全权大臣太子太傅文华殿大学士北洋通商大臣直隶总督一等肃毅伯爵李鸿章、大清帝国钦差全权大臣二品顶戴前出使大臣李经方、大日本帝国大皇帝陛下特简大日本帝国全权办理大臣内阁总理大臣从二位勳一等伯爵伊藤博文、大日本帝国全权办理大臣外务大臣从二位勳一等子爵陆奥宗光为全权大臣，彼此校阅所奉谕旨，认明均属妥实无阙。会同议定各条款，开列于左：

大日本國皇帝陛下及大清國皇帝陛下ハ兩國及其ノ臣民ニ平和ノ幸福ヲ回復シ且將來紛議ノ端ヲ除クコトヲ欲シ媾和條約ヲ訂結スル爲メニ大日本國皇帝陛下ハ内閣總理大臣從二位勲一等伯爵伊藤博文外務大臣從二位勲一等子爵陸奧宗光ヲ大清國皇帝陛下ハ太子太傅文華殿大學士北洋大臣直隷總督一等肅毅伯李鴻章二品頂戴前出使大臣李經方ヲ各其ノ全權大臣ニ任命セリ因テ各全權大臣ハ互ニ其ノ委任状ヲ示シ其ノ良好妥當ナルヲ認メ以テ左ノ諸條款ヲ協議決定セリ

His Majesty the Emperor of Japan and His Majesty the Emperor of China, desiring to restore the blessings of peace to their countries and subjects and to remove all cause for future complications, have named as their Plenipotentiaries for the purpose of concluding a Treaty of Peace, that is to say:

His Majesty the Emperor of Japan, Count ITO Hirobumi, Junii, Grand Cross of the Imperial Order of Paullownia, Minister President of State; and Viscount MUTSU Munemitsu, Junii, First Class of the Imperial Order of the Sacred Treasure, Minister of State for Foreign Affairs.

And His Majesty the Emperor of China, LI Hung-chang, Senior Tutor to the Heir Apparent, Senior Grand Secretary of State, Minister Superintendent of Trade for the Northern Ports of China, Viceroy of the province of Chili, and Earl of the First Rank; and LI Ching-fong, Ex-Minister of the Diplomatic Service, of the Second Official Rank:

Who, after having exchanged their full powers, which were found to be in good and proper form, have agreed to the following Articles:--

Note   The Chinese version uses 中國 (WJ Chung-kuo, PY Zhong-guo) and 韓國 (WG Han-kuo, PY Han-guo) and the Japanese version uses 清國 (Shin-koku) and 朝鮮國 (Chōsen-koku) for the entities called "China" and "Korea" in the English version.

Note   Articles 2 (a) and 3 were voided a month later when Japan retroceded Liaotung.

Note   Other notes exchanged the same day provisioned the occupation of Weihaiwei

Note   The Chinese version uses 大清帝国 and 大日本帝国 and the Japanese version uses 大清國 and 大日本國 for the entities called "China" and "Japan" in the English version. The Chinese version, but not the Japanese version, prefixes 大 to its otherwise identical term (皇帝陛下) for "His Majesty the Emperor".

A treaty of annexation,
concluded between the United States of America and the Republic of Texas,
at Washington the 12th day of April, 1844

The people of Texas having, at the time of adopting their constitution, expressed by an almost unanimous vote, their desire to be incorporated into the Union of the United States . . .

[ . . . ]

ARTICLE I

The Republic of Texas, acting in conformity with the wishes of the people and every department of its government, cedes to the United States all its territories, to be held by them in full property and sovereignty, and to be annexed to the said United States as one of their Territories . . . .

ARTICLE II

The citizens of Texas shall be incorporated into the Union of the United States . . . .

[ . . . ]

ARTICLE IX

. . . In witness whereof, we, the undersigned plenipotentiaries of the United States of America and of the Republic of Texas, have signed, by virtue of our powers the present treaty of Annexation, and have hereunto affixed our seals respectively . . . .

Treaty of Cession
15 Stat. 539

Treaty concerning the Cession of the Russian Possessions in North America by his Majesty the Emperor of all the Russias to the United States of America; Concluded March 30, 1867; Ratified by the United States May 28, 1867; Exchanged June 20, 1867; Proclaimed by the United States June 20, 1867.

ARTICLE III

The inhabitants of the ceded territory, according to their choice, reserving their natural allegiance, may return to Russia within three years; but if they should prefer to remain in the ceded territory, 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 uncivilized tribes will be subject to such laws and regulations as the United States may, from time to time, adopt in regard to aboriginal tribes of that country.

28 December 1944

SECRET

JAPAN: TERRITORIAL PROBLEMS
THE KURILE ISLANDS

I. The Problem
II. Basic Factors
A. Description

[ . . . ]

The Kuriles are important strategically to both Japan and the Soviet Union because they are a connecting chain between the two countries and provide bases for both defense and attack. They are also important to the Soviet Union because they form a military screen to the ocean approach to the Okhotsk Sea and the Maritime provinces. They are important to the United States because they are near the Aleutians, form part of the land-bridge between Japan and Alaska, and are situated on the great-circle route between the United States and Japan. Japan has established a number of fortified air and naval bases on the islands.

[ . . . ]

THE HAWAIIAN ISLANDS

Mr. President, Ladies and Gentlemen:

A few months ago it was my privilege to make a visit to the Hawaiian Islands, and the paper which I am to read to-night is, in the main, the result of my observation and study during that visit. The topic to be considered has intimate connection with a fact of vast moment to the future interests of the United States.

GROWING IMPORTANCE OF THE PACIFIC.

I refer to the changed relation of the Pacific Ocean to the world's affairs, which in great measure has occurred during the present generation, and of which we have been the witnesses. Within our recollection the great Empire of China was practically closed to foreign intercourse; Japan was hermetically sealed from intrusion by the outside world; the continent of Australia had hardly emerged from the condition of a convict colony; Polynesia was yet in barbarism, and the whole coast of Northwest America contained but a few thousand inhabitants.

Our day has wrought a great change throughout the broad expanse of the Pacific and its shores.

WESTWARD TENDENCY OF ANGLO-SAXONS.

The Anglo-Saxon race has leaped the barrier of the Rocky Mountains; a network of transcontinental railways has followed in its train; a teeming population and flourishing cities, the seats of a great ocean commerce, have arisen like magic in its spacious harbors; great States, both American and British, have there come into existence; and our country has added to its possessions thousands of miles of seacoast stretching to the North Pole. Australia has become a great State, with such an enormous volume of products as to disturb the economic conditions of the world.

EUROPE IN THE PACIFIC.

Polynesia has been made the theatre of colonial competition between the three great maritime nations of Europe. The fleets and armies of England and France have opened all the ports and forced an entrance to the capital of China. Commodore Perry, with our own Navy, by more peaceful methods broke down the barriers in Japan, and the development of that people has been not only the marvel of this generation, but has made it an important factor in the world's affairs. Since the war with China and the rapid increase of the Japanese Navy and mercantile marine, new and disturbing elements are recognized in these waters.

GENERAL GRANT'S FORECAST.

General Grant, writing from Peking in 1879, spoke of the wonderful shrewdness, industry, and commercial spirit of the Chinese, foresaw the influences which would eventually overcome their conservatism, and made the prediction that "in less than half a century Europe will be complaining of the too rapid advance of China."

RUSSIA IN THE PACIFIC.

The remaining factor to be noticed in the changed conditions of the Pacific is the notable development of the Russian possessions on the North Asiatic coast. With an open-water port and fortified naval station on Chinese territory, and a transasiatic railway reaching back to a military population of one hundred millions, we must reckon with another important element in the political and commercial concerns of the Pacific.

MR. SEWARD'S PROPHECY.

In view of these events so briefly noted, we may well admire the foresight of Mr. Seward, who a half century ago uttered these prophetic words: "The Pacific Ocean, its shores, its islands, and the vast regions beyond, will become the chief theatre of events in the world's great hereafter." If the prophecy of this great statesman is to be fully realized there may be those in my hearing who will live to see the present predominating interests of our Atlantic seaboard sink into insignificance before the great and far-reaching commerce of our Pacific Coast.

[ . . . ]

NATIVE HAWAIIANS.

[ . . . ]

THE DECLINE OF THE HAWAIIAN RACE.

[ . . . ]

ANNEXATION ITS AIM.

But the Government of President Dole does not regard itself as permanent, for by its constitution it declares its purpose to go out of existence as soon as the United States shall see fit to annex the islands.

In the changed relations existing in the Pacific Ocean, it is plain to the observant statesman that Hawaii cannot much longer maintain itself as an independent nation. Aside from the temptation which it offers to the nations contending for supremacy in the Pacific, it possesses within itself the elements which threaten the loss of its independence. The amiable and peaceable Hawaiian and the thrifty Portuguese, whose fatherland is so far away, cause no fear to the present rulers.

DANGER OF ASIATIC ASCENDENCY.

But the Asiatics, whose countries are so near, are a source of great anxiety. The Chinese and Japanese now number about 40 per cent. [sic] of the population, and are already more than half of the male inhabitants, and the Japanese have doubled their number in the last six years, and they continue to come in increasing numbers. The supporters of the present Government would put a stop to this immigration but for the powerful influence of the sugar planters, and they look to annexation to the United States as the only way to accomplish this end. These Asiatic elements are already beginning to assert themselves. Minister Willis, in 1894, transmitted to the Secretary of State a report of a meeting in Honolulu of 3,000 Chinese to protest against some pending legislation, and in the resolutions they declared: "We shall be satisfied with nothing that accords to a race a lesser degree of consideration and justice than residents of other nationalities enjoy." If during the pendency of the Geary bill in Congress a meeting of 20,000 Chinese had been held in San Francisco demanding the treatment of the most favored nation, it would not have been half so significant.

ADMIRAL WALKER'S REPORT ON THE JAPANESE.

Admiral Walker, who was in command of our Navy in those waters in 1894, in official reports, after referring to the large and rapidly increasing number of Japanese in the islands, says: "They are inclined to be turbulent -- they stand together as a solid body, and their leaders are said to have political ambitions, and propose to claim for their free men the right to vote under the conditions with which that right is granted to other foreigners. They are a brave people, with military instincts, and would fight if aroused to violence;" and he significantly adds that the United States naval force there is exceeded by the Japanese.

ADMIRAL AMMEN, GENERAL SCHOFIELD, AND ADMIRAL PORTER.

Admiral Ammen, who is thoroughly familiar with the political conditions of the Pacific, in a letter to a Congressional committee in 1896 wrote: "It does not require a prophet to foresee that those islands in the near future will be either American or Japanese." General Schofield, who was sent by the President some years ago to make a careful study of the islands, reported in 1875 that "they have not, and never can have, the power to maintain their own neutrality, and now their necessities force them to seek alliance to some nation which can relieve their embarrassment." Admiral Porter, who was intimately acquainted with the situation, expressed to Congress, in 1876, the following opinion: "In fifteen years from this time there will be such a preponderance of the foreign element (referring to the labor immigration) that the islands will naturally fall into the hands of some other Power, unless we put a clause in the reciprocity treaty to prevent it."

RECIPROCITY AND PEARL HARBOR.

Upon this weighty advice the reciprocity treaty was approved by Congress, and a provision was inserted granting to the United States the use of Pearl Harbor as a naval and coaling station, and stipulating that no similar privilege or franchise should be granted to any other Power; but this privilege and stipulation are only co-existent with the treaty, which may be terminated upon twelve months' notice.

DANGER OF JAPANESE ASCENDENCY.

The treaty with its attendant prosperity is bringing about the very condition of things which was feared. The necessity for increased labor has brought and continues to bring the Japanese in such numbers that they are destined in a short time to constitute a majority of the population, and supported as they will be by their Government in their claim to equal consideration, they would then become the dominant political element in the islands.

ANNEXATION ONLY REMEDY.

This consummation can most surely, if not only, be prevented by annexation to the United States, which would apply the prohibitive clauses of our immigration and naturalization laws to the islands. It will thus be seen that the question of annexation is forcing itself upon the Government and the people of the United States, and that it cannot with safety be postponed.

[ . . . ]

FOREIGN AGGRESSION.

Four times in its past history a foreign flag other than that of the United States has floated over the islands -- first the Russian, then the French, afterward the British, and again the French. Any one of these Powers would gladly assume sovereignty again, and to them is to be added as a menace the rising power of Japan.

NO DIFFICULTY IN ANNEXING.

To my mind annexation presents no political or administrative difficulties. During the discussion four years ago it was suggested by certain writers of standing in the legal profession that there was no authority given in the Constitution of the United States to annex territory not contiguous. When the purchase of Louisiana was first suggested, Mr. Jefferson, a strict constructionist, thought it could not be accomplished except by an amendment to the Constitution, but when the opportune moment arrived he heartily approved the treaty, and nothing further was heard of the Constitutional amendment. The objection now advanced does not seem to have had any weight with the Executive or with Congress when Alaska was acquired, nor will it with enlightened statesmen to-day.

FORM OF GOVERNMENT.

The islands should be admitted, not as a State, but as a part of the territory of the United States, to be organized in such manner as Congress in its wisdom may determine. We have already three forms of territorial government under authority of Congress -- in the District of Columbia, in the organized Territories, and in Alaska. One of these may be applied to Hawaii or a new one instituted. Under whatever form of government, doubtless, the native Hawaiians and those of American and European origin would be granted the right of suffrage under proper conditions; and to the Asiatics would be applied the existing prohibitive laws of the United States as to naturalization and immigration, which would lead them gradually to return to their own countries.

PROTECTORATE IMPRACTICABLE.

I do not regard the suggestion of a protectorate as practicable. We cannot assume it without becoming responsible for the government of the islands, and we should not become responsible for the government unless we can exercise a control in its creation and management. Such a system would bring no end of complications with foreign Powers and in domestic affairs. We must either annex the islands or leave them free to make such other alliance as they may choose or as destiny may determine.

As a rule, I do not believe in the extension of our territory beyond our present ocean limits. I think we should develop within our own domain a great English-speaking nation, controlled by the principles marked out for us by the fathers of the Republic. But it is precisely because I want to see a great and powerful nation -- much greater and more powerful than the one we now have -- developed on this continent that I hail the opportunity now offered of securing this outpost of our Pacific frontier, and thus protecting for all time our future mighty commerce and rapidly growing interest on that coast from the encroachments of the great Powers striving for ascendency in that quarter of the globe.

1898 Hawaii Annexation Resolution
(As approved by President McKinley)

RESOLUTION

Of the Senate of Hawaii
Ratifying the Treaty of Annexation.

BE IT RESOLVED, by the Senate of the Republic of Hawaii:

That the Senate hereby ratifies and advises and consents to the ratification by the President of the treaty between the Republic of Hawaii and the United States of America on the subject of the annexation of the Hawaiian Islands to the United States of America concluded at Washington on the 16th day of June, A. D. 1897, which treaty is word for word as follows:

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 Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining; Therefore

Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, 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.

The Republic of Hawaii and the United States of America, in view of the natural dependence of the Hawaiian Islands upon the United States of their geographical proximity thereto, of the preponderant share acquired by the United States and its citizens in the industries and trade of said Islands, and of the expressed desire of the government of the Republic of Hawaii that those Islands should be incorporated into the United States as an integral part thereof, and under its sovereignty, have determined to accomplish by treaty an object so important to their mutual and permanent welfare.

To this end the high contracting parties have conferred full powers and authority upon their respectively appointed plenipotentiaries, to wit:

The President of the Republic of Hawaii, FRANCIS MARCH HATCH, LORRIN A. THURSTON, and WILLIAM A. KINNEY.

The President of the United States: JOHN SHERMAN, Secretary of Sate of the United States.

ARTICLE I

The Republic of Hawaii hereby cedes 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 it is agreed that all the territory of and appertaining to the agreed that all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii.

ARTICLE II

The Republic of Hawaii also cedes and hereby transfers 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 government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining.

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 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.

ARTICLE III

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 person, 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 fulfill fulfillment of the treaty so extinguished, and not inconsistent with this treaty, not 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.

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 the 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.

ARTICLE IV

The public debt of the Republic of Hawaii, lawfully existing at the date of the exchange of the ratification of this Treaty, 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 the regard shall in not case exceed $4,000.000. So long, however, as the existing government and the present commercial relations of the Hawaiian Islands are continued, as herein before provided, said Government shall continue to pay the interest on said debt.

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.

ARTICLE V

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.

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; no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.

ARTICLE VI

The President shall appoint Once Commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practical recommend to Congress such legislation concerning the Territory of Hawaii as they shall deem necessary or proper.

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.

ARTICLE VII

This treaty shall be ratified by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the Constitution of the said Republic, on the one part: and by the President of the United States, by and with the advice and consent of the Senate, on the other: and the ratifications hereof shall be exchanged at Washington as soon as possible.

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

    SEC. 3. That the sum of one hundred thousand dollars, or so much thereof as may be necessary; is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect.

     SEREXO E. PAYNE,
     Speaker of the House of Representatives Pro Tempore.

     GARRETT A. HOBART,
     Vice-President of the United States and President of the Senate.

Approved July 7th, 1898.

     WILLIAM McKINLEY.

In witness whereof, the respective plenipotentiaries have signed the above article, and have hereunto affixed their seals.

Done in duplicate at the City of Washington, this sixteenth day of June, one thousand eight hundred and ninety-seven.

     FRANCIS MARCH HATCH. [SEAL.]
     LORRIN A. THURSTON. [SEAL.]
     WILLIAM A KINNEY. [SEAL.]
     JOHN SHERMAN. [SEAL.]

I hereby certify that the foregoing Resolution was unanimously adopted at the Special Session of the Senate of the Republic of Hawaii on the 9th day of September, A. D. 1897.

     WILLIAM C. WILDER,
     President

Attest:

     J. F. CLAY,
     Clerk of Senate

UNITED STATES PUBLIC LAW 103-150

103d Congress Joint Resolution 19

Nov. 23, 1993

To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.

Whereas, prior to the arrival of the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion;

Whereas, a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii;

Whereas, from 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full and complete diplomatic recognition to the Hawaiian Government, and entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887;

Whereas, the Congregational Church (now known as the United Church of Christ), through its American Board of Commissioners for Foreign Missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawaii between 1820 and 1850;

Whereas, on January 14, 1893, John L. Stevens (hereafter referred to in this Resolution as the "United States Minister"), the United States Minister assigned to the sovereign and independent Kingdom of Hawaii conspired with a small group of non-Hawaiian residents of the Kingdom of Hawaii, including citizens of the United States, to overthrow the indigenous and lawful Government of Hawaii;

Whereas, in pursuance of the conspiracy to overthrow the Government of Hawaii, the United States Minister and the naval representatives of the United States caused armed naval forces of the United States to invade the sovereign Hawaiian nation on January 16, 1893, and to position themselves near the Hawaiian Government buildings and the Iolani Palace to intimidate Queen Liliuokalani and her Government;

Whereas, on the afternoon of January 17,1893, a Committee of Safety that represented the American and European sugar planters, descendants of missionaries, and financiers deposed the Hawaiian monarchy and proclaimed the establishment of a Provisional Government;

Whereas, the United States Minister thereupon extended diplomatic recognition to the Provisional Government that was formed by the conspirators without the consent of the Native Hawaiian people or the lawful Government of Hawaii and in violation of treaties between the two nations and of international law;

Whereas, soon thereafter, when informed of the risk of bloodshed with resistance, Queen Liliuokalani issued the following statement yielding her authority to the United States Government rather than to the Provisional Government:

Whereas, without the active support and intervention by the United States diplomatic and military representatives, the insurrection against the Government of Queen Liliuokalani would have failed for lack of popular support and insufficient arms;

Whereas, on February 1, 1893, the United States Minister raised the American flag and proclaimed Hawaii to be a protectorate of the United States;

Whereas, the report of a Presidentially established investigation conducted by former Congressman James Blount into the events surrounding the insurrection and overthrow of January 17, 1893, concluded that the United States diplomatic and military representatives had abused their authority and were responsible for the change in government;

Whereas, as a result of this investigation, the United States Minister to Hawaii was recalled from his diplomatic post and the military commander of the United States armed forces stationed in Hawaii was disciplined and forced to resign his commission;

Whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported fully and accurately on the illegal acts of the conspirators, described such acts as an "act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress", and acknowledged that by such acts the government of a peaceful and friendly people was overthrown;

Whereas, President Cleveland further concluded that a "substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair" and called for the restoration of the Hawaiian monarchy;

Whereas, the Provisional Government protested President Cleveland's call for the restoration of the monarchy and continued to hold state power and pursue annexation to the United States;

Whereas, the Provisional Government successfully lobbied the Committee on Foreign Relations of the Senate (hereafter referred to in this Resolution as the "Committee") to conduct a new investigation into the events surrounding the overthrow of the monarchy;

Whereas, the Committee and its chairman, Senator John Morgan, conducted hearings in Washington, D.C., from December 27,1893, through February 26, 1894, in which members of the Provisional Government justified and condoned the actions of the United States Minister and recommended annexation of Hawaii;

Whereas, although the Provisional Government was able to obscure the role of the United States in the illegal overthrow of the Hawaiian monarchy, it was unable to rally the support from two-thirds of the Senate needed to ratify a treaty of annexation;

Whereas, on July 4, 1894, the Provisional Government declared itself to be the Republic of Hawaii;

Whereas, on January 24, 1895, while imprisoned in Iolani Palace, Queen Liliuokalani was forced by representatives of the Republic of Hawaii to officially abdicate her throne;

Whereas, in the 1896 United States Presidential election, William McKinley replaced Grover Cleveland;

Whereas, on July 7, 1898, as a consequence of the Spanish-American War, President McKinley signed the Newlands Joint Resolution that provided for the annexation of Hawaii;

Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States;

Whereas, the Republic of Hawaii also ceded 1,800,000 acres of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government;

Whereas, the Congress, through the Newlands Resolution, ratified the cession, annexed Hawaii as part of the United States, and vested title to the lands in Hawaii in the United States;

Whereas, the Newlands Resolution also specified that treaties existing between Hawaii and foreign nations were to immediately cease and be replaced by United States treaties with such nations;

Whereas, the Newlands Resolution effected the transaction between the Republic of Hawaii and the United States Government;

Whereas, the indigenous Hawaiian people never directly relinquished their claims to their inherent to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum;

Whereas, on April 30, 1900, President McKinley signed the Organic Act that provided a government for the territory of Hawaii and defined the political structure and powers of the newly established Territorial Government and its relationship to the United States;

Whereas, on August 21,1959, Hawaii became the 50th State of the United States;

Whereas, the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land;

Whereas, the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people;

Whereas, the Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions;

Whereas, in order to promote racial harmony and cultural understanding, the Legislature of the State of Hawaii has determined that the year 1993, should serve Hawaii as a year of special reflection on the rights and dignities of the Native Hawaiians in the Hawaiian and the American societies;

Whereas, the Eighteenth General Synod of the United Church of Christ in recognition of the denomination's historical complicity in the illegal overthrow of the Kingdom of Hawaii in 1893 directed the Office of the President of the United Church of Christ to offer a public apology to the Native Hawaiian people and to initiate the process of reconciliation between the United Church of Christ and the Native Hawaiians; and

Whereas, it is proper and timely for the Congress on the occasion of the impending one hundredth anniversary of the event, to acknowledge the historic significance of the illegal overthrow of the Kingdom of Hawaii, to express its deep regret to the Native Hawaiian people, and to support the reconciliation efforts of the State of Hawaii and the United Church of Christ with Native Hawaiians;

Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ACKNOWLEDGMENT AND APOLOGY.

The Congress --

    (1) on the occasion of the 100th anniversary of the illegal overthrow of the Kingdom of Hawaii on January 17, 1893, acknowledges the historical significance of this event which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people;

    (2) recognizes and commends efforts of reconciliation initiated by the State of Hawaii and the United Church of Christ with Native Hawaiians;

    (3) apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination;

    (4) expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people; and

    (5) urges the President of the United States to also acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to support reconciliation efforts between the United States and the Native Hawaiian people.

SEC. 2. DEFINITIONS.

As used in this Joint Resolution, the term "Native Hawaiians" means any individual who is a descendent of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.

SEC. 3. DISCLAIMER.

Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States.

Approved November 23, 1993

LEGISLATIVE HISTORY -- S.J. Res. 19:

SENATE REPORTS: No. 103-125 (Select Comm. on Indian Affairs)
CONGRESSIONAL RECORD, Vol. 139 (1993):
         Oct. 27, considered and passed Senate.
         Nov. 15, considered and passed House.

Treaty of Peace
Between the United States and Spain
December 10, 1898

The United States of America and Her Majesty the Queen Regent of Spain, in the name of her august son Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as plenipotentiaries:

[ . . . ]

Who, having assembled in Paris, and having exchanged their full powers, which were found to be in due and proper form, have, after discussion of the matters before them, agreed upon the following articles:

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:

[ . . . ]

Article IX

Spanish subjects, natives of the Peninsula, residing in the territory over which Spain by the present treaty relinquishes or cedes her sovereignty, may remain in such territory or may remove therefrom, retaining in either event all their rights of property, including the right to sell or dispose of such property or of its proceeds; and they shall also have the right to carry on their industry, commerce and professions, being subject in respect thereof to such laws as are applicable to other foreigners. In case they remain in the territory they may preserve their allegiance to the Crown of Spain by making, before a court of record, within a year from the date of the exchange of ratifications of this treaty, a declaration of their decision to preserve such allegiance; in default of which declaration they shall be held to have renounced it and to have adopted the nationality of the territory in which they may reside.

The civil rights and political status of the native inhabitants of the territories hereby ceded to the United States shall be determined by the Congress.

Article X

The inhabitants of the territories over which Spain relinquishes or cedes her sovereignty shall be secured in the free exercise of their religion.

[ . . . ]

Article XVI

It is understood that any obligations assumed in this treaty by the United States with respect to Cuba are limited to the time of its occupancy thereof; but it will upon termination of such occupancy, advise any Government established in the island to assume the same obligations.

Article XVII

[ . . . ]

In faith whereof, we, the respective Plenipotentiaries, have signed this treaty and have hereunto affixed our seals.

Done in duplicate at Paris, the tenth day of December, in the year of Our Lord one thousand eight hundred and ninety-eight.

[ . . . ]

THE PHILIPPINE INDEPENDENCE ACT
(TYDINGS-MCDUFFIE ACT)

AN ACT TO PROVIDE FOR THE COMPLETE INDEPENDENCE OF THE PHILIPPINE ISLANDS, TO PROVIDE FOR THE ADOPTION OF A CONSTITUTION AND A FORM OF GOVERNMENT FOR THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES.

[ . . . ]

Character of Constitutions -- Mandatory Provisions

Sec. 2. (a) The constitution formulated and drafted shall be republican in form, shall contain a bill of rights, and shall, either as a part thereof or in an ordinance appended thereto, contain provisions to the effect that, pending the final and complete withdrawal of the sovereignty of the United States over the Philippine Islands --

     (1) All citizens of the Philippine Islands shall owe allegiance to the United States.

[ . . . ]

Relations with the United States Pending Complete Independence

[ . . . ]

Sec. 8. (a) Effective upon the acceptance of this Act by concurrent resolution of the Philippine Legislature or by a convention called for that purpose, as provided in section 17 --

     (1) For the purposes of the Immigration Act of 1917, the Immigration Act of 1924 [except section 13 (c)], this section, and all other laws of the United States relating to the immigration, exclusion, or expulsion of aliens, citizens of the Philippine Islands who are not citizens of the United States shall be considered as if they were aliens. For such purposes the Philippine Islands shall be considered as a separate country and shall have for each fiscal year a quota of fifty. This paragraph shall not apply to a person coming or seeking to come to the Territory of Hawaii who does not apply for and secure an immigration or passport visa, but such immigration shall be determined by the Department of the Interior on the basis of the needs of industries in the Territory of Hawaii.

     (2) Citizens of the Philippine Islands who are not citizens of the United States shall not be admitted to the continental United States from the Territory of Hawaii (whether entering such territory before or after the effective date of this section) unless they belong to a class declared to be non-immigrants by section 3 of the Immigration Act of 1924 or to a class declared to be nonquota immigrants under the provisions of section 4 of such Act other than subdivision (c) thereof, or unless they were admitted to such territory under an immigration visa. The Secretary of Labor shall by regulations provide a method for such exclusion and for the admission of such excepted classes.

     (3) Any Foreign Service officer may be assigned to duty in the Philippine Islands, under a commission as aconsular officer, for such period as may be necessary and under such regulations as the Secretary of State may prescribe, during which assignment such officer shall be considered as stationed in a foreign country; but his powers and duties shall be confined to the performance of such of the official acts and notarial and other services, which such officer might properly perform in respect to the administration of the immigration laws if assigned to a foreign country as a consular officer, as may be authorized by the Secretary of State.

     (4) For the purposed of sections 18 and 20 of the Immigration Act of 1917, as amended, the Philippine Islands shall be considered a foreign country.

(b) The provisions of this section are in addition to the provisions of the immigration laws now in force, and shall be enforced as part of such laws, and all the penal or other provisions of such laws not applicable, shall apply to and be enforced in connection with the provisions of this section. An alien, although admissible under the provisions of this section, shall not be admitted to the United States if he is excluded by any provision of the immigration laws other than this section, and an alien, although admissible under the provisions of the immigration laws other than this section, shall not be admitted to the United States if he is excluded by any provision of this section.

(c) Terms defined in the Immigration Act of 1924 shall, when used in this section, have the meaning assigned to such terms in the Act.

[ . . . ]

Immigration After Independence

Sec. 14. Upon the final and complete withdrawal of American sovereignty over the Philippine Islands the immigration laws of the United States (including all the provisions thereof relating to persons ineligible to citizenship) shall apply to persons who were born in the Philippine Islands to the same extent as in the case of other foreign countries.

[ . . . ]

Approved: March 24, 1934.

CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

The United States of America and Her Majesty the Queen Regent of Spain, in the name of her august son Don Alfonso XIII, desiring to end the state of war now existing between the two countries, have for that purpose appointed as plenipotentiaries:

[ . . . ]

Preamble

The Filipino people, imploring the aid of Divine Providence, in order to establish a government that shall embody their ideals, conserve and develop the patrimony of the nation, promote the general welfare, and secure to themselves and their posterity the blessings of independence under a regime of justice, liberty, and democracy, do ordain and promulgate this Constitution.

ARTICLE I
The National Territory

Section 1. The Philippines comprises all the territory ceded to the United States by the Treaty of Paris concluded between the United States and Spain on the tenth day of December, eighteen hundred and ninety-eight, the limits which are set forth in Article III of said treaty, together with all the islands embraced in the treaty concluded at Washington between the United States and Spain on the seventh day of November, nineteen hundred, and the treaty concluded between the United States and Great Britain on the second day of January, nineteen hundred and thirty, and all territory over which the present Government of the Philippine Islands exercises jurisdiction.

ARTICLE II
Declaration of Principles

Section 1. The Philippines is a republican state. Sovereignty resides in the people and all government authority emanates from them.

Section 2. The defense of the State is a prime duty of government, and in the fulfillment of this duty all citizens may be required by law to render personal military or civil service.

Section 3. The Philippines renounces war as an instrument of national policy, and adopts the generally accepted principles of international law as part of the law of the Nation.

Section 4. The natural right and duty of parents in the rearing of the youth for civic efficiency should receive the aid and support of the government.

Section 5. The promotion of social justice to insure the well-being and economic security of all the people should be the concern of the State.

ARTICLE III
Bill of Rights

ARTICLE IV
Citizenship

Section 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippine Islands at the time of the adoption of this Constitution.

(2) Those born in the Philippine Islands of foreign parents who, before the adoption of this Constitution, had been elected to public office in the Philippine Islands.

(3) Those whose fathers are citizens of the Philippines.

(4) Those whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.

(5) Those who are naturalized in accordance with law.

Section 2. Philippine citizenship may be lost or reacquired in the manner provided by law.

ARTICLE V
Suffrage

Section 1. Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein they propose to vote for at least six months preceding the election. The National Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the adoption of this Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question.