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Show JUDGE COOLEY ON HAWAII, The Learned Jurist Argues Strongly Against Annexation. Ilia Ylewaen the Loellalan. rlotliU nd AIefcaJiriulallloli-11eitirsiel Ran nilmto lir llnltnllT ir Hawaii Why not Healer gptftal Csrreiyoneftnrt. Ann Auboh, Mich., May Id, 1601. Ono of the most remtrkablo men lu Nlcblgan today It Juiljo Thomei M. Gooley. Hli remarkablenete la not occtilonod by the intra (act of lilt heTlnsjthe simple word Judge prefixed to bla name, but It li on account of Ilia inferiority of Mi Intellect, and depth of hie mind and tbe profundity of Mi reuon. Ilalng remarkable In thoie respects baa inado him rematkablo ai a Jurlet, an author, and a profwaor; until un-til today lili famo li not clrcumtcrlbtd ' by tho boundarln of America; for It haa crouod octant, Invaded foreign landi and expressed Iti Influence In "templet" where "Juitlce" la administered admin-istered according ts the commandi of klnga and potentates. It waa about esventytummera ago, in a little Tillage In tho Empire atatr, that be waa born. In height he li about flvu feet eight aud a half Incur, and It li doubtful If In hli prime be would hare balanced the iralea at one hundred and fifty pounda. In personal appearance (and cepccUlly at the pre-ent pre-ent time) he la far from prtpoticulng, for time and Indefttlgahlo labor have madelnroada upon hli eonttltuliotiand today be bowl bentatb tbe weight of yeera, bla walk la feeble, hli vclco la weak and the Iron gra) In bla hair la rapidly changing to ellvcr. in bla tarly career lie ( met with the worses and bardiblpa lonunon to nil young attorney; but "failure waa a word not found In hit Yooabulary, he Old net dream of nucha thing, much Itaa exerlence It, whllo be poi-tened poi-tened energy In abundance; tnln, combined with perseverance, toll and time brought him tu the eminence at wbloh we bebold him today. Dyoneof bla Intimate frlende I wae Informed, that for thirty yeare be performed the work of three men which doca not aeem altoijitbor lni probable .when we consider what ho accompllahed. January lit, ISO), he waa elected aaaaaoclate Juttlce of the Uupreme Court of Micliljan which oaltlon he ncoupled until January lat, 1S70, when be waa made ohlef lusllce of tbe atate where be remained until October lit, 1S3J, when he rnlgned. During all then, yeart and up until 16b he delivered lectures on cunstltu. tlonal law, real properly and Democratic Demo-cratic relation!, to the law olaaita In the unlTeralty of Michigan. Notalone, aa I hare already lullmated, to tbeiu positions were bis labors oonOned, for at the aame time be waa writing treatlaea and publlahlng worka on law. Hla book on 'L'onatltutlunal Limitations" Limita-tions" la authority In England aa well aa merles, and while tbla la un. doubtedly hla greateit production, hla fame aa a lawyer would have been Inaured by but worka oa torta and tax. atlon. Aflermlgnlng tale Judgeship he accepted ac-cepted a poeltlon on the luteritate oommerce commlaalon, wblcb he bold until compelled through III health to resign lultitU. Overayearagobowaa to feeble that It waa InipoeslLIo for him to algn hla name, aud hla friends thought hla end wae near, but bla un. conquerable aplrlt and determined will rawer brought him through bla crlili. He baa not, however, tlully regained hla atrenctb, atlll be la alio at timet to ptrform little work and delights when able to punue hli chosen calling. A few daya ago he appeared before tho tupreme court of Michigan In n niund-auiut niund-auiut proceeding attorney for tho ilate homo of representatives. Ho waa not able to ataud while dellTtrlng bla argument, tut for three hours ho read to the court ono of tho moat forcible, logical and cutting cut-ting argument! ever delivered upon tbe bench. Coogratulallona were ahowered on tho old veteran, whloh he quite enjoyed, and when Ihu iltclelou waa rendered lu bla lavor be wat aatladed for It waa bla old themr, "Uonatltutlonal limitations." All thla have I recorded for tbe pur-pate pur-pate of thowing bow eagerly hia opln-lonaareaougbt opln-lonaareaougbt by the legal fraternity on all constitutional prujiotltlona, and that you might be able to Imagine how hearty a welbome he would get from UOu uoliy law aludenta whenever lie would honor them with "a talk." A few daya ago he communicated to thu dean or the law faoulty that lie had a few Ideal on the "Annexation of I In. wall" that he would be ltaied to give the law clatiea If they United them. The mettlng waa arranged, hla reception recep-tion waa royal. Here lire tomeol bit reatont why theitlanda thoulduotbu annexed. "Tho treaty-making power of tbo United Htattt la conveyed by the Con-etltutlon Con-etltutlon lu fow and entirely general worda, ilmply tpeclfylng who thill exerclte thli lower, aud that 'Ireutlta made in pursuance' of thu L'oualllu-tlon L'oualllu-tlon 'ihnll be' part 'of tho auprotue law of tho land.' No limitations are placed on the treaty-making pan er, lu fact It la lmMBilble thty mould It, became thla power la ono cxerolied lu all arlotita of clrcumitanoia and It haa to be experienced fcimetliues where die-tluctiona die-tluctiona will not work. Although there are no limltatloua In thu Comil-tutlon Comil-tutlon on tho Iroaty-uiaklug power I take it that theru ore tome limitation In thenatuioof thlngathat thoie who exercliethla ioweriuuit conform to. Any eierclae of the power must be lu lontormlly and harmony with the Constitution and the central slructuru of the government, No eraoni oxor-clilng oxor-clilng thli pawor would have auy right to alloctur change thu atructuru tf eur government. T he whole power uf making treallea la In the union, us complete oa In any other sovereignty," After announcing these few geneial prli clplea thu learned Judge uimldetid the tteaty uiadu by Mr. Jcllrriou In the purcbaie of Loulsaua; elating tlint that genlltmau thought perbapt he bad exceeded that power mid would euttrlnlouo dliouuloti on tho quit-tlon. quit-tlon. Thlt action, however wat up. proved by Judge Uooley. He contended that the acqulatllou of the territory waa ueided iuy Ihu United Htatea for the Jeiftctlngof thefcunda. thine of the goveiumeut and that It Broperly belonged to the Uulted tatea, iloili of thli territory wat I unoccupied and being contlguoui to the UMtM Htatit, when tettltei woui I 'SjrfjasesesL. naturally come Int) tho Union aa atatta. The tame reaaona a ly In tho cateof Florida. Hut the auntxallon of Texat prttcnled a raio altogether dlOereut. Hern thu negotiation wero between gavernmentt claiming to be Independent, tree to exerclte all Ibe rowers of sovereignty. In regard to Texat there are two Important fe-turee, fe-turee, lint, what wai dono waa proposed pro-posed to be dono In tbe Interest of a ceitaln data of peoplo and a certain In atllutlon; second, this country claiming to be an Independent government, wat claiming territory that II bad never yet occupied but wished lube annexed to the United Btatra to obtain aitlitanre In maintaining control of thla territory. terri-tory. Mr. Tylor entered Into a treaty with Texat but tho Benato refuted to ratify it. At hit rieiutit Congress tool: up the matter, the JlOuie pitted a Joint resolution at once, and while thu matter mat-ter wat pending before tho Benato nil agreement Wat made to otter upon negotiation anew. Mr. Tyler acting on the Joint nsolutlon ,cn the third day before hli term expired lent forward for-ward privately a meitcnger and completed com-pleted tho negotiations whereby tbe matltr wat taken out ct the treaty-making treaty-making powcra ami dlixied of by tho legislature! ot tlietwotlatet. In n caie ot thla kind," eald the Judge, "wtara It la proposed tu unite two Independent countrlea with each other I think It la propir tor Iho leglilatutis of the counttlea to meet together and efleot the union. Hit nt proicr ne If the treaty-making power would do It Olid the legislative action la aa complete com-plete and positive as It could bo by the tnaty-muklng lowers. There was In thla ctan no precedent for uniting two Independent countrlea by treaties. Thla oountry, at were Louisiana and Florida, waa contlguoui to our own and If we could nave acqulrol It honestly whloh wot not done It would have Lien entirely proper," Hero thu speaker made brief reltr enco to the acquisition of Alaska ttatlug that thla "territory "terri-tory waa not strictly contiguous to any ot our town, although It might be called to with a little atretic of Imagination; why It was done I du not know, pomioly It waa thought that ahortly Canada would be In a mood to be annexed, although nothing of that aort haa aa yet appeared. Bull I cannot can-not help thinking that thoio wbu were moit actlvo In bringing about thlt treaty were peoplo who looked to the possession by the Uulted Btatea by aud by of tbe whole of America. "When (Jon. (Irani waa at tho height of bla populailty, Ban Dora-logo Dora-logo roquetted annixatlou. Iho rntldeut favored the idia, thinking It woulJ add wealth to the United Htatet, but although be wat then the must popular and powerful man In America It wat Impoonlble for him to secure the ratification of the treaty bythe.lentle. The propoalllon Wat never rtoelved favorably by Ihu country at line, be cause that country waa not connected with our own. We did not want the teveral stales It might have made, altualed way out lu the Atlanlln ocean. Homo people have the Idea that by bringing lu greater aud richer territory terri-tory the people ae whole are benefited. bene-fited. They forget that thla properly belonge to aorue one the. It detenus entirely upon the particular acquit)-tlon acquit)-tlon that la made. If we bring In a country that It worth one hundred mllllout and eighty millions of that It owned by eighty millions who will hold on to It, wu miy eouoludo alter h while that It would have been better to have let that country aud Its imoplu lone." "We have before us," continued the speaker, "at tbe (resent time a treaty that present! tome questloui that aru altogether new; questions that have never beioro arisen In thlt country. Haro are tho Hawaiian Islands four or flvo tlmea ai far away at Ban Domingo. Do-mingo. The population It compoted of teveral chuutt, It la not so homogeneous homo-geneous nor would It harmonltaaa well with our own at that of Han Do. mloKo. Tbeso Islands that erenow ottering themselves to us are Independent: Independ-ent: they have been recognlied ai belonging be-longing to the fdinlly of nations. The lint thing that Is particularly ttudyable In tbli tender It that It It made by a provisional government. Now whit la a provisional govsrumonlT It it on ad Interim and let up to ktep tho peace and obtervo order Inltioun territory and to keep the eaco letwien notions lor tho time being, until the renular government can bo established. Here la a provisional government coming to us aud offering their country to ui. Thlsla wmethlnguew, Itliqultostart-ling. Itliqultostart-ling. There hat teen nothing like It In tbe history of our countr) nor that ot anyotherosuntrj. Wu can understand the poeltlon of countrlea that have been conquered In war, or that lu caao of war, wished to be absorbed by another nation for tho sake of protection. We can conceive that there may be negotiations nego-tiations between countrlea looking to that end. Under tuch clrcunutiucea what would li done by tho people Ihimselvei? There Is uothlngof that tort here. What la Intended to bo done la done by a provisional government govern-ment that haa overthrown thu poi uln r JovorninonU The revolutionist in Uwsllmiy hnve had tbo good will of the American minister aud possibly un American shin, mid inimedlatily ufier being irooguizid by the American Ameri-can mlnUtir they cttue at once to thu Untied Btatet to leader their Govern ment. Whom did they git their au tuorllj? They turely did not grtlt from the public. !'ow tbe very llrtt thing necessary to form any permanent perman-ent government for country li to ascertain as-certain what li the uLllo opinion of trie people who are to bo governed. There was nothing done to this end lu thli can; no ono waa consulted except the revolutionists thitmolvet. We know that a large part of the populatlou Is competed ot those who arn liattd by n largo ma Jorllyof the peoplo of this country. Wu would thus bring Into this country n large body that would buantaou-Istloto buantaou-Istloto thuleelln.s ol eur people. If that body of man belonging to a older-ent older-ent racu ate brought Into this country by trtuty, the treaty would bu cut of harmony with the Institutions that we have endeavored to eatabllih, Thlt Is uotwllhlu the trtaty mailing power of thli oountry. All those Chinese who aro citizen, thou aru to be brought Into thlt country and we must do something with them or by force drive them from our country. For thlt risaon thlt It something (hat Is not author In I ly the treaty making power and ahuull not be exuruliod by It, riila treaty l tomslhlng that, unllku all those pravioua auqulottlona of territory terri-tory by the United Btutit, Is bringing people to us that we do not prcpjfe tu govern, "Thli commtiilon docs not come to ua with a propotul that there li tu bo any liuoiiupleO territory that may bieowu Btutos of the Union, If there It to tu such territory, Itli to be to larnuty from ut that It would be alinoet Inipos. tlblu that thu ordinary dutlis ptrtalu. Ingtocltltenililp will bu ublu to bu exercised by thoio clllzenr. It may be pro oicd that Iho rovernment shall Lo ilnetbatof the District ifColumbliJ n system of colonlitllon; which Is eui of harmony with American laitltu. Ilonsaud nelthir Is It lu harmony with tbe views of the American people. Kdoiti art, being male lu buildup public opinion In the UnltidBtatiiln favor ol annexation, Just at was dono in Iho case of tbe annexation of Texas. Tex-as. Hnglnnd Is cited now lust as It was In tbe other catena liable to lake hold ot Hawaii In cise wo refused. The Ahl maxim It brought out that 'In time of pitta irctaro for war.' The msxlinnow to bo considered li'ln.tlmo cf peace pre; are to kiep the peace.' It It the first inixlm and the attem to follow It out that aro dragging tho Kuroptan nations to theground. "Ihu uqulsllloii uf Hawaii would put U on us en obligation to comiite with tho Durorton nations lu bullulug up such a navy as they now potsesi, aud lu incurring an enormous uxjiense such as It planing theiii lo tho groULd. There it another question. That it, If thu Hawaiian Islands tan lis annexed by the Ireuty.mnklnp; power of tho ciuntry, there Is nothing that tall be UKgeiled in the llueuf foreign annexation annex-ation that cannot be dunr, Thus, less than ono hundred min can annex any country, ilthtr sscntly or without consulting thu publlo oilulon; In the very defiance cf publlo opinion, mid yet the treaty, being tho su reiuu law of the land, will Llud us. Buppotu Bpiln should wish to be nuuoxcd; aluioit the llrtt thing lo bo considered by the cumiiMoiielt would br, how much ihiuld each country ylsld? Something must bo yielded oa both aldtf, aud theyltldlng mutt be In regard re-gard to government, l'erhtpt we might have lo acopt their nobility. Thlt mailer mai-ler of annexing Independent nations Is and mutt be n matter uf comprornlie. 'lheso men Uo nre indiavorlug to annex Hawaii are American born, Ihereiore they may nut domand ai much as they would If Ihu country Weru Hi tin, but Bpalu might be annexed Just as well as Hawaii, and there would betouio considerations aud concessions that would nit be unforco-able unforco-able In our country; It woulJ be in.-iosslblo in.-iosslblo to du othirwlse. "If tills power It used In Ihectte of Hawaii, It can bo ixerclied at any time and under any circumstances. If this It done It li entirely picclble and quite probable that our lonttltutton may bn changoJ, overthrown or made dlllerent from what ll tuw It, Now thla Is beyond the lower cf any men In this couulrj; Just ns It la beyond Iho power of the people to amend Iho constitution con-stitution so as to change the form if government without n revolution. It Is bejoud Ihu rawer of treaty. A tart of this peoplo being beyond our feel-lugs feel-lugs and considerations, n pioplu we du not rccogn'xe, and thlt population of it comet Into our nation la delivered over lo ui liy men who do not rot risen! ri-sen! li. "If I were" contluued tho speaker, "to consider Iho question, who shall exerclio Iho authority to annex lude-lendent lude-lendent uatlJiu? I should say that the prorer loner la tho legislative power, (ho power In harmony and svrapathy with lbs pqoplo, the power that acts abuvtboard and the iwwer that cannot act In any other way; not the power that acts toorelly and from the view? of the lubllc, so that when treaties oomo to light we will find something to which wo will not care to oljiit." These ore, In brief, tho reaaona given by tho greatest constitutional lawyer lu the United Btatea why the annexation annexa-tion propoalllon should be rejected. Whether Ibey will be overcome hy the preterit odmlnlilratlon aud the report of Commissioner mount remains to be teen, but If the publlo opinion In thu Halt wtreconiulted, Judgo Cooley's oilulon would undoubtedly prevail. Bam, A. Ki.nu. |