Page:The Green Bag (1889–1914), Volume 11.pdf/49

 32

conquest against other nations, it never yet has exercised that power, the policy of our Government having been opposed to extend ing either our territory or our dominion by that method. It is difficult to perceive how the conquest of other countries can be made by us consistently with the doctrine enunciated in the Declaration of American Independence from which a quotation will presently be made; for although that famous State paper is not a part of the Constitu tion, the latter is in perfect harmony with the former; and the Constitution ought al ways to be construed in the light of the Declaration, particularly when human rights are considered. The language of the Dec laration bearing upon this question is as follows: — "We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the gov erned." If all men are created equal, and if they are endowed by their Creator with eertain unalienable rights, among which are life, liberty, and the pursuit of happiness, as the Declaration affirms, the inhabitants of Hawaii are included therein; and therefore, Congress has no more right to deprive them of life, liberty, or the pursuit of hap piness, than it has to do so to any other people upon the face of the earth. Also, if all governments derive their just powers from the consent of the governed, any gov ernment which Congress may establish for the Hawaiians without their' consent and against their wishes must necessarily be an unjust government. Therefore, before at tempting to establish a government for these islands, Congress should first provide for taking a vote of the inhabitants thereof on the question whether or not they desire

to be governed by the United States. If that question shall be decided affirmatively, Congress may then proceed consistently with the doctrine of the Declaration above quoted to establish a government; and be fore it is put into full force and operation, it ought also to be submitted to the people for their approval; and if it be so submit ted, and if it be so approved, there can be no constitutional objection to the govern ment thus inaugurated. If, on the contrary, the people of these islands should vote against either of the above-mentioned propositions, the United States Government ought imme diately to withdraw its officers from that country, and to leave it to form its own government, and to remain one of the in dependent nations of the earth. In this manner only, can the policy of the Fed eral Government be rendered consistent with the Declaration of Independence. If, however, Congress persist in imposing upon the inhabitants of the Hawaiian is lands without their consent and against their wishes, a territorial government, what must and will be the necessary result of that pro ceeding? Before answering this question it should be remembered that, according to Article XIV., of the Amendments of the Constitution, " All persons born or natural ized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." If, therefore, these people are subject to the jurisdiction of this Gov ernment, they are our fellow-citizens; and if so, they are justly entitled to the same rights, privileges, and immunities which are enjoyed by all the other citizens. This being true, they ought to be admitted into a full participation in the rights of citizen ship, and ought also to be represented in both Houses of Congress; and to com pel them to pay taxes for the support of a government in which they have no voice would be one of the worst forms of tyran ny. In other words that country ought to be admitted into the Union as a State on