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because the sea is the world's great medium of circulation. From this necessarily follows the principle that, as subsidiary to such control, it is imperative to take possession, when it can righteously be done, of such maritime positions as contribute to secure command. If this principle be adopted there will be no hesitation about taking the positions—and they are many—upon the approaches to the Isthmus, whose interests incline them to seek us. It has its application also to the present case of Hawaii.
There is, however, one caution to be given from that military point of view beyond the need of which the world has not yet passed. Military positions, fortified posts, by land or by sea, however strong or admirably situated, do not by themselves confer control. People often say that such an island or harbor will give control of such a body of water. It is an utter, deplorable, ruinous mistake. The phrase may indeed by some be used only loosly, without forgetting other implied conditions of adequate protection and adequate navies; but the confidence of our nation in its native strength, and its indifference to the defense of its ports and the sufficiency of its fleet, give reason to fear that the full consequences of a forward step may not be soberly weighed. Napoleon, who knew better, once talked this way. "The islands of San Pietro, Corfu, and Malta," he wrote, "will make us masters of the whole Mediterranean." Vain boast! Within one year Corfu, in two years Malta, were rent away from the state that could not support them by its ships. Nay, more; had Bonaparte not taken the latter stronghold out of the hands of its degenerate but innocuous government, that citadal of the Mediterranean would perhaps—would probably—never have passed into those of his chief enemy. There is here also a lesson for us.
It is by no means logical to leap, from this recognition of the necessity of adequate naval force to secure outlying dependencies, to the conclusion that the United States would for that object need a navy equal to the largest now existing. A nation as far removed as is our own from the bases of foreign naval strength may reasonably reckon upon the qualification that distance—not to speak of the complex European interests close at hand—impresses upon the exertion of naval strength. The mistake is when our remoteness, unsupported by carefully calculated force, is regarded as an armor of proof, under cover of which any amount of swagger may be safely indulged. Any estimate of what is an adequate naval force for our country may properly take large account of the happy interval that separates both our present territory and our future aspirations from the centers of interest really vital to European states. If to these safeguards be added, on our part, a sober recognition of what our reasonable sphere of influence is and a candid justice in dealing with foreign interests within that sphere, there will be little disposition to question our preponderance therein.
Among all foreign states it is especially to be hoped that each passing year may render more cordial the relations between ourselves and the great nation from whose loins we sprang. The radical identity of spirit which underlies our superficial differences of polity will surely so draw us closer together, if we do not willfully set our faces against a tendency which would give our race the predominance over the seas of the world. To force such a consummation is impossible, and, if possible, would not be wise; but surely it would be a lofty aim, fraught with immeasurable benefits, to desire it, and to raise no needless impediments by advocating perfectly proper acts, demanded by our evident interests in offensive or arrogant terms.—(A. T. MAHAN.)
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XII. Also the following extract from the report of hon. john quincy adams, chairman of the committee on foreign affairs of the house of representatives, on the message of president tyler, december 30, 1842.
"It is a subject of cheering contemplation to the friends of human improvement and virtue that, by the mild and gentle influence of Christian charity, dispensed by humble missionaries of the gospel, unarmed with secular power, within the last quarter of a century, the people of this group of islands have been converted from the lowest debasement of idolatry to the blessings of the Christian gospel; united under one balanced government; rallied to the fold of civilization by a written language and constitution, providing security for the rights of persons, property and mind, and invested with all the elements of right and power which can entitle them to be acknowledged by their brethren of the human race as a separate and independent community. To the consummation of their acknowledgment the people of the North American Union are urged by an interest of their own, deeper than that of any other portion of the inhabitants of the earth—by a virtual right of conquest, not over the freedom of their brother man by the brutal arm of physical power, but over the mind and heart by the celestial panoply of the gospel of peace and love."
XIII. Also the following, a translation of the constitution of the hawaiian government of 1840.
"In the Hawaiian bill of rights, the chiefs endeavored to incorporate in few words the general basis of personal rights, both of the chiefs and common people, and to guard against perversion; and this they have accomplished with, perhaps, as much precision and consistency as the Americans, who affirm 'that all men are born free and equal, possessing certain inalienable rights, life, liberty, and the pursuit of happiness.' " With distinguished and commendable care do the Hawaiians of 1840 acknowledge the paramount authority of God, in which Kaahumanu had set them a noble example, and the importance of an unwavering purpose in legislation not to controvene his word,"
The following translation I have made with care from the original, published at the islands as the constitution of 1840:
"God has made of one blood all the nations of men, that they might alike dwell upon the earth in peace and prosperity. And he has given certain equal rights to all people and chiefs of all countries. These are the rights or gifts which he has granted to every man and chief of correct deportment, life, the members of the body, freedom in dwelling and acting, and the rightful products of his hands and mind; but not those things which are inhibited by the laws."
From God also are the office of rulers and the reign of chief magistrates for protection; but in enacting the laws of the land it is not right to make a law protecting the magistrate only and not subjects; neither is it proper to establish laws for enriching chiefs only without benefiting the people, and hereafter no law shall be established in opposition to the above declarations; neither shall taxes, servitude, nor labor be exacted without law of any man in a manner at variance with those principles.
"PROTECTION FOR ALL.
"Therefore let this declaration be published in order to the equal protection of all the people and all the chiefs of these islands while
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maintaining a correct deportment, that no chief may oppress any subject, and that chiefs and people may enjoy equal security under the same system of law; the persons, the lands, the dwelling enclosures, and all the property of all the people are protected while they conform to the laws of the Kingdom, neither shall any of these be taken except by the provisions of law. Any chief who shall perseveringly act in opposition to this constitution shall cease to hold his office as a chief of these Hawaiian Islands; and the same shall apply to governors, officers of Government, and land agents. But if one condemned should turn again and conform himself to the laws it shall be in the power ot the chiefs to reinstate him in the standing he occupied before his trespass.
"FOUNDATION OF LAWS.
"According to the principles above declared, we purpose to regulate this Kingdom, and to seek the good of all the chiefs and all the people of these Hawaiian Islands. We are aware that we can not succeed by ourselves alone, but through God we can; for He is King over all kingdoms; by whom protection and prosperity may be secured; therefore do we first beseech him to point out to us the right course, and aid our work.
"Wherefore, resolved,
"I . No law shall be enacted at variance with the word of the Lord Jehovah, or opposed to the grand design of that word. All the laws of this country shall accord with the general design of God's law.
"II . All men of every form of worship shall be protected in their worshipping Jehovah, and in their serving Him; nor shall any one be punished for merely neglecting to serve God, provided he injures no man and brings no evil on the Kingdom.
"III. The law shall support every unblamable man who is injured by another all shall be protected in every good work, and every man shall be punishable who brings evil on the Kingdom or individuals. Nor shall any unequal law be established to give favor to one through evil to another.
"IV. No man shall be punished unless his crime be first made to appear, nor shall he be punished without being examined in the presence of his accuser. When the accused and the accuser have met face to face, and the trial proceeds according to law, and guilt is established before them both, then punishment shall follow.
"V. It shall not be proper for any man or chief to sit as judge or juror to try his own benefactor, or one directly connected with him. Therefore, if one is condemned or acquitted, and it shall soon be known that some of the triers acted with partiality to favor whom he loved, or perhaps to enrich himself, then there may be a new trial before the impartial."
"EXPLANATION OF THE POSITION OF THE RULERS.
"The nature of the position of the chief magistrates and of the policy of the country is this: Kamehameha I was the head of this Kingdom or dynasty. To him pertained all the lands from Hawaii to Niihau, but they were not his own personal property; they belonged to the people and the chiefs, and Kamehameha was their head and the dictator of the country. Therefore no one had before, and no one has now, the right to convey away the smallest portion of these islands without the consent of the dictator of the Kingdom.
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"These are the dictators or the persons who have had the direction of it from that time down, Kamehameha II and Kaahumanu I, and at the present time Kamehameha III. To these persons only has belonged the direction or dictatorship of the realm down to the present time, and the documents written by them only are the documents of the Kingdom.
"The Kingdom is to be perpetuated to Kamehameha III and to his heirs, and his heir shall be one whom he and the chiefs shall appoint during his lifetime; but if he shall not nominate, then the appointment shall devolve solely on the nobles and representatives.
"PREROGATIVES OF THE KING.
"This is the King's position: He is the sovereign of all the people and all the chiefs. At his direction are the soldiers, the guns, the forts, and all the implements of war of the Kingdom. At his direction is the public property, the revenue from the poll tax, the land tax, and the three days monthly labor tax, to accord, however, with the provisions of law. He shall possess his own private lands, and such as shall be forfeited for the annual tax.
"He is the chief judge of the supreme court, and to him belongs the execution of the laws of the land, the decrees, and the treaties with other countries, in accordance with the provisions of the laws of this country.
"It is for him to make treaties with the rulers of all other kingdoms, and to hold intercourse with ministers sent hither from other countries, and to consummate agreements.
"It is for him to declare war should a period of distress arrive, and the chiefs could not well be assembled; and he shall be commander in chief of the army. All important business of the Kingdom not committed by law to others, belongs to him to transact.
"OF THE PREMIER OF THE KINGDOM.
"It shall be the duty of the King to appoint a chief of ability and high rank to be his prime minister, who shall be entitled premier of the Kingdom, whose office and business shall be like that of Kaahumanu I and Kaahumanu II. For in the life time of Kamehameha, the questions of life and death, right and wrong, were for Kaahumanu to decide, and at the time of his death he gave charge, 'Let the Kingdom be Liholiho's, and Kaahumanu the prime minister.' That policy of Kamehameha, wherein he sought to secure a premier, is to be perpetuated in this Hawaaiian country, but in accordance with the provisions of law.
"This is the business of the premier: Whatever appropriate business of the Kingdom the King intends to do the premier may do in the name of the King. The words and acts of the Kingdom by the premier are the words and acts of the King. The premier shall receive and acknowledge the revenue of the Kingdom and deliver it to the King. The premier shall be the King's special counsellor in all the important business of the Kingdom. The King shall not transact public business without the concurrence of the premier; nor shall the premier transact public business without the concurrence of the King. If the King shall veto what the premier counsels or attempts that is a negative. Whatever important public business the King chooses to transact in person he may do, but only with the approbation or consent of the premier.
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"OF GOVERNORS.
"There shall be four governors in this Hawaiian country; one of Hawaii, one of Maui and the adjacent isles, one of Oahu, and one of Kauai and the adjacent isles. All the governors from Hawaii to Kauai shall hold their office under the King.
"This is the character and duty of the office of governor: He is the director of all the tax officers in his island, and shall sustain their orders which he shall deem right, confirming according to the provisions of law, and not his own arbitrary will. He shall preside over all the judges of his island and execute their decisions as above stated. He shall choose the judges of his district and give them their commissions.
"The governor is the high chief (viceroy) over his island or islands, and shall have the direction of the forts, the soldiers, guns, and all the implements of war. Under the King and premier shall be all the governors from Hawaii to Kauai. Each shall have charge of the revenue of his island, and shall deliver it to the premier.
"In case of distress he may act as dictator, if neither King nor premier can be consulted. He shall have charge of all the King's business on the island, the taxation, improvements, and means of increasing wealth, and all officers there shall be under him. To him belong all questions and business pertaining to the government of the island, not assigned by law to others.
"On the decease of a governor, the chiefs shall assemble at such a place as the King shall appoint, and together seek out a successor of the departed governor, and the person whom they shall choose and the King approve by writing shall be the new governor.
"OF CHIEFS OR NOBLES UNDER THE KING.
"In the public councils of the chiefs these are the counsellors for the current period: Kamehamelia III, Kekauluohi, Hoapiliwahine, Kaukini, Kekauonohi, Kahekili, Paki, Konia, Keohokalole, Leleiohoku, Kehuanaoa, Keliiahonui, Kanaina, Li Keoniana, a me Haalilio, and if a new member is to enter the law shall specify it. These persons shall take part in the councils of the Kingdom. But if the council choose to admit others merely for consultation it shall be allowable, the specified counsellors only being allowed to vote. No law shall be enacted for the country without their consent.
"In this manner shall they proceed: They shall meet annually to devise means for benefiting the country and enact laws for the Kingdom. In the month of April shall they assemble at such time and place as the King shall appoint. It shall be proper for the King to take counsel with them on all the important concerns of the Kingdom in order to secure harmony and prosperity, or the general good, and they shall attend to all the business which the King shall commit to them. They shall retain their own personal estates, larger or smaller divisions of the country, and may conduct their affairs on their own lands according to their pleasure, but not in opposition to the laws of the Kingdom.
"OF REPRESENTATIVES ELECTED
"Several men shall be annually chosen to act in council with the King and chiefs, and to devise with them laws for the country. Some from Hawaii, some from Maui, some from Oahu, and some from Kauai, shall the plebeians choose according to their own pleasure. The law
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will determine the method of choosing and the number to be chosen. These chosen representatives shall have a voice in the Government, and no law can be established without the consent of the majority of them.
"OF THE MEETINGS OF THE LEGISLATURE OR PARLIAMENT.
"There shall be an annual meeting as aforesaid, but if the chiefs choose another meeting at another time they may meet at their discretion.
"In the assembling of Parliament, let the hereditary nobles meet by themselves and the elected rulers meet by themselves. But if they choose to take counsel together occasionally at their discretion, so be it.
"In this manner shall they proceed: The hereditary chiefs shall choose a secretary for their body, and on the day of their assembling he shall record all their transactions; and that book shall be preserved that what they devise for the Kingdom may not be lost.
"In the same manner shall the elected representatives proceed; they shall choose a secretary for themselves, and on the day they assemble, to seek the good of the Kingdom and agree on any measure, he shall record it in a book, which shall be carefully preserved, in order that the good desired for the country may not be lost. And no new law shall be established without the consent of a majority of the nobles and of the elected representatives.
"When any act or measure shall have been agreed on by them it shall be carried on paper to the King, and if he approves and signs his name, and also the premier, then it shall become a law of the Kingdom, and it shall not be repealed except by the body which enacted it.
"OF THE TAX OFFICERS.
"The King and premier shall choose tax officers and give them a commission in writing. They shall be distinct for the separate islands. There shall be three, or more or less, for each island, at the discretion of the King and premier.
"A tax officer, having received a commission, shall not be removed without a trial. If convicted of crime he may be removed; but the number of years the office shall continue may be previously limited by law.
"This is clearly the business of the tax officers: They shall apprise the people of the amount of assessment, that they may hear beforehand at the proper time; they shall proceed according to the orders of the governors and the provisions of law; and when the time for paying taxes shall arrive, they shall collect the amount and deliver it to the governor, and the governor to the premier, and the premier to the King. The tax officers shall also direct the public labor for the King, but may commit its details to the laud agents, presiding themselves over them in this work. They shall also have charge of any new business which the King may design to extend through the Kingdom, but in their doings they shall be subordinate to the governors. They shall be arbiters of the tax laws, and in all cases where land agents or landlords oppress the peasantry, and in every difficulty between land agents and tenants, and everything specified in the tax law established June 7th, 1839.
"In this manner shall they proceed: Each shall exercise his office
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in his own district. If a difficulty arise between a land agent and a tenant the tax officer shall investigate it, and if the tenant is in fault the tax officer and land agent shall execute the law upon him; but if the land agent is in fault in the judgment of the tax officer the latter shall call the other tax officers of the island, and, if they agree with him, judgment against the land agent is confirmed, and the governor shall execute the law on him; but if any believe the tax officer to have erred the governor may be apprised and try the case over again, and if he is believed to have erred the case may be made known to the supreme judges, and they shall try the case anew.
"OF THE JUDGES.
"The governor of each island shall choose judges for the island according to his own mind, two or more, at his own discretion, and give them a written commission. When they receive this they shall not be removed without trial, but the law may limit their term of office.
"In this manner shall they proceed: The court days shall be declared beforehand, and when the appointed day arrives they shall proceed with trials according to law. To them shall be given jurisdiction in respect to all the laws except those connected with taxation, and to the difficulties between land agents, landlords, and tenants. The governor shall sustain them and execute their judgment. But if their judgment is thought to be unjust he who thinks so may complain or appeal to the supreme judges.
"OF THE SUPREME JUDGES.
"The elected representatives shall choose four judges to assist the King and premier, and these six shall be the supreme judges of the Kingdom. This shall be their business: Cases of difficulty not well adjusted by the tax officers or island judges they shall try again according to law; the court days shall be declared beforehand, that those who are in difficulty may apply, and the decision of this court shall stand. There is thereafter no appeal. Life and death, to bind and release, to fine and not to fine, are at their disposal, and with them the end of controversy.
"OF CHANGES IN THE CONSTITUTION.
"This constitution shall not be considered as fully established until the people generally shall have heard it, and certain persons as herein mentioned shall be chosen and shall assent to it, then firmly established is this constitution.
"And thereafter, if it be designed to alter it, the people shall be first apprised of the nature of the amendment intended to be introduced, and the next year, at the meeting of the nobles and representatives, if they agree to insert a passage or to annul a passage, they may do it lawfully.
"This constitution, above stated, has been agreed to by the nobles, and our names are set to it this eighth day of October, in the year of our Lord 1840, at Honolulu, Oahu.
(Signed),
"Kamehameha III,
"Kekauluohi."
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"The house of nobles, or hereditary lords and ladies, consisted of the King himself, a female premier, four governors of islands, four women of rank, and five chiefs of the third rank. The people were allowed to choose by districts annually seven men to be members of the national Legislature for a year: two from Hawaii, two from Maui and adjacent islands, two from Oahu, and one from Kauai, the Government bearing their expenses. The proposition was also distinctly made to increase the number after a time. The right of suffrage, so far as to vote for one or two men to act in making laws and appointing supreme assistant judges, was extended to all, but guarded with peculiar care."
XIV. Also the following from the remarks of mr. draper, of massachusetts, made in the house of representatives, and published in the congressional record of february 4, 1894.
I believe that the true policy of this Government is to negotiate a suitable treaty with the de facto Government in Hawaii, and annex the islands.
After this (or before if necessary), if Liliuokalani is supposed to have any rights, purchase them (since she is willing to sell), but on no account ought we to neglect this opportunity of securing this naval and coaling station, so important to us, both from the point of view of commerce and of coast defense.
I will first point out briefly its advantages to us from a commercial point of view. Situated at the intersection of the trade route between North America and Australasia, with the rich commercial stream which will flow between the China Seas and the Atlantic as soon as the Isthmus canal (whether it be through Nicaragua or Panama) is opened, the position of Hawaii is ideal for controlling both lines of commerce; and, for a nation which expects to maintain trade routes in the Paciiic, its possession is a necessity.
All the great commercial powers recognize the fact that our trade must be guarded; that convenient stations, as near as possible to the well-defined trade routes, must be established; and that supplies and facilities for refitting may be available at distances not too widely separated.
Until 1886 Hawaii was nearer to the territory of the United States than to that of any other power, the distance to San Francisco being but 2,100 miles, while the British fortified port of Victoria, with its neighboring dockyard of Esquimault, and coal mines of Nanaimo, was 2,300 miles distant. The next nearest British port was Leonka, in the Fiji group, 2,700 miles distant in an opposite direction.
French territory was 2,380 miles distant at Tahiti; Germany held the Admiralty Islands, distant 3,400 miles; and Spain the Caroline Islands, 2,000 miles distant, and the Ladrones, about 2,900 miles distant.
Since that time Germany has moved up to a distance of 2,098 miles, by annexing the Marshall Islands and placing herself in a flanking position on both the South Pacific and transpacific trade routes. France, by the acquisition of the Low Archipelago and the Marquesas Islands, is 2,050 miles distant from Hawaii, on the South Pacific route. Great Britain has advanced from Fiji toward the intersecting point on clearly defined lines, annexing group after group and detached islands when they were on the line of approach, even though uninhabited or without harbors and of no commercial value, until in 1891 her flag was
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