Cession | Images of Old Hawaiʻi

February 25, 2017 by Peter T Young Leave a Comment

Hawai‘i Cession to Britain

“Tamaahmaah was exceedingly well pleased, and thankful for our exertions; (Vancouver was building him a ship) and it was extremely gratifying to my feelings to reflect, that such valuable opportunities should have offered for bestowing this gratification upon the king, and many essential benefits upon his people …”

“… all of whom were now well convinced, that these superior advantages were only to be obtained by the constant exercise of the same honesty and civility by which these had been secured to them on the present occasion.”

“Very little doubt can be entertained of the exalted pleasure Tamaahmaah would enjoy in the attainment, by honorable means, of so desirable an object as his new schooner…”

“On the evening of Sunday the 23d, agreeably to my promise, I accompanied Tamaahmaah to the morai, and submitted to all the forms, regulations, and restriction of the taboo. … “

“I was not on this, as on the former occasion, purely an idle spectator; but was in some degree one of the actors. Whilst in the morning the principal ceremonies and prayers were performing, I was called upon to give my opinion on several matters that were agitated at one time by the king, and at others by the principal priests.”

“Amongst these was the propriety of their remaining at peace, or making war against the other islands? The session of the island; and if, by that voluntary measure, they would be considered as the of Great Britain?”

“Under this impression, in what manner ought they to conduct themselves towards all strangers, as well those who might visit them from civilized nations, as the inhabitants of the neighbouring islands?”

“With these, and some, other questions of less importance, I was very seriously interrogated; and I made such answers to each as was consistent with my own situation, and, as I considered, were most likely to tend in future to their happiness and tranquillity. …”

“In the forenoon of Tuesday the 25th, the king and queen accompanied by Terry-my-tee, the king’s brother; Crymamahow, half brother to the king, and chief of the district of Amakooa; Kahowmoto, chief of the district of Poona, Tamaahmotoo, chief of the district of Koarra, Trywhookee, half brother of the king, and the most faithful protector and purveyor at the encampment …”

“… all assembled on board the Discovery , for the purpose of formally ceding and surrendering the island of Owhyhee to me for his Britannic Majesty, his heirs and successors; there were present on this occasion besides myself, Mr Puget, and all the officers of the Discovery.”

“Tamaahmaahl opened the business in a speech, which he delivered with great moderation and equal firmness. He explained the reasons that had induced him to offer the island to the protection of Great Britain; and recounted the numerous advantages that himself, the chiefs, and the people, were likely to derive by the surrender they were about to make.”

“He enumerated the several nations that since Captain Cook’s discovery of these islands had occasionally resorted hither, each of which was too powerful for them to resist; and as these visitors had come more frequently to their shores, and their numbers seemed to increase …”

“… he considered that the inhabitants would be liable to more ill treatment, and still greater impositions than they had yet endured, unless they could be protected against such wrongs by some one of the civilized powers with whose people they had become acquainted …”

“… that at present they were completely independent, under no sort of engagement whatever, and were free to make choice of that state which in their opinion was most likely by its attention to their security and interests , to answer the purpose for which the proposed surrender was intended.”

“For his own part he did not hesitate to declare his preference he entertained for the king of Great Britain, to whom he was ready to acknowledge his submission; and demanded to know who had any objection to follow his example. This produced an harangue from each of the five3 chiefs, all of whom had some ideas to offer on this important subject.”

“The warlike spirit and ambitious views of Kahowmotoo had long taught him to indulge the flattering hope, that on fame future day he should be enabled to acquire the sovereignty of Mowee.”

“This prompted him to state in a spirited and manly speech, that on their becoming connected and attached to so powerful a nation, they ought no longer to suffer the indignities which had been offered to their island, Owhyhee, by the people of Mowee …”

“…he also candidly enumerated the offences that Mowee had justly to complain of in return; but as there bore no proportion to her aggressions, he contended that she ought to be chastised, and that when a force for their protection should be obtained from England, the first object of its employment ought to be the conquest of Mowee …”

“… after which the care of its government should be intrusted to some respectable chief, whose interest and inclination could be depended upon a being friendly towards Owhyhee.”

“Kavaheeroo, a chief of very different disposition, content with the station he filled, and the comforts he enjoyed with pleasure to the consequences that were likely to result from the adoption of the measure proposed …”

“… having no doubt of its tending to their future safety and protection, which had now become highly expedient in some way to effect, and of its being the means of producing a general pacification with their relations and friends, as he termed them, on the islands.”

“Tianna, after agreeing with Kahowmotoo, that Mowee ought to be chastised; and with Kavaheeroo, in the necessity of Owhyhee being protected; proposed that some persons, duly authorized for that purpose, should reside on shore by way of guards, and stated that a vessel or two would be requisite to defend them by sea.”

“He very judiciously observed further, that so great a similarity existed between the people of the four nations with whom they were already acquainted, but more particularly so between English and the Americans …”

“… that in the event of their present surrender being accepted, and of a vessel being sent out for their protection, they should be doubtful as to the reality of such persons coming from England …”

“… unless some of the officers then present, or some of those board the vessels with whom they were acquainted, and who they were convinced did belong to King George, should return to Owhyhee with the succours required.”

“This appeared to him a measure of [so much consequence that it could not be dispensed with, for otherwise, any of the distant nations, knowing they had ceded the island to the English government, might send to them ships and men whom they had never before seen …”

“… and who, by asserting they had come from England and belonged to King George, would deceive them into the obedience of a people against whom they should afterwards most probably revolt.”

“These were the prominent features in the several speeches made on the occasion: in every one of which their religion, government, and domestic economy was noticed …”

“… and it was clearly understood, that no interference was to take place in either; that Tamaahmaah, the chiefs and priests, were to continue as usual to officiate with the same authority as before in their respective stations, and that no alteration in those particulars was in any degree thought of or intended.”

“These preliminaries being fully discussed, and thoroughly understood on both sides, the king repeated his former proposition, which was now unanimously approved of, and the whole party declared their consent by saying …”

“… that they were no longer Tanata no Owhyhee, (i.e.) the people of Owhyhee; but Tanata no Britannee, (i.e.) the people of Britain. This was instantly made known to the surrounding crowd in their numerous canoes about the vessels, and the same expressions were cheerfully repeated throughout the attending multitude.”

“Mr. Puget, accompanied by some of the officers, immediately went on shore; there displayed the British colours, and took possession of the island in his Majesty’s name, in conformity to the inclination and desire of Tamaahmaah and his subjects.”

“On this ceremony being finished, a salute was fired from the vessels, after which the following inscription on copper was deposited in a very conspicuous place at the royal residence.”

“‘On the 25th of February, 1794, Tamaahmaah king of Owhyhee, in council with the principal chiefs of the island, assembled on board his Britannie Majesty’s sIoop Discovery in Karakakooa bay, and in the presence of George Vancouver, commander of the said sloop …’”

“‘… Lieutenant Peter Puget, commander of his said Majesty’s armed tender the Chatham; and the other officers of the Discovery; after due consideration, unanimously ceded the said island of Owhyhee to his Britannic Majesty, and acknowledged themselves to the subjects of Great Britain.’” (Vancouver Journal)

According to Kekūanāo’a, Boki stated that Kamehameha stated to Vancouver, “go back and tell King George to watch over me and my whole kingdom.”

“I acknowledge him as my landlord and myself as tenant, (or him as superior and I as inferior.) Should the foreigners of any other nation come to take possession of my lands, then let him help me.” (Kekūanāo‘a in Report of the Foreign Minister, 1855)

While Kamehameha and his chiefs became willing to acknowledge King George as their suzerain, in expectation of his defending them against foreign and outside foes, they expressly reserved to themselves the autonomous government of their island in their own way and according to such laws as they themselves might impose.”

“It is not evident that Vancouver did or could hold out to the Hawaii chiefs anything more than the probability of such protection, the cession, from even his point of view, requiring the acceptance and ratification of the English Government, which it never received. “

“That Kamehameha and his chiefs did not understand the full meaning of the word cession is plain from the reservations which they made.”

“As it was, the so-called cession of the island of Hawaii was no doubt entered into by Vancouver with the very best intentions for the protection and advancement of the Hawaiians …”

“… and by Kamehameha and his chiefs with undisguised expectations of receiving material aid in their wars with Kahehili and Kaeo, and of certain commercial advantages not very well defined.”

“The cession, however, was never accepted or ratified by the English Government, and no steps were taken by emigration or colonisation to make good use of the friendly disposition of the chiefs, and to secure by stronger ties the suzerainty thus loosely acquired.” (Fornander)

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Hawaii-Kalama-Hawaii_Island-1838

July 7, 2016 by Peter T Young Leave a Comment

Annexation Into US – Is A Treaty Required?

“There is no provision in the Constitution by which the national government is specifically authorized to acquire territory; and only by a great effort of the imagination can the substantive power to do so be found in the terms of any or all of the enumerated powers.”

“The United States has acquired territory through cession, purchase, conquest, annexation, treaty, and discovery and occupation. These methods are permissible under international law and have been approved by the Supreme Court.”

“The executive and the legislature have performed different roles in the acquisition of territory by each of these means. Unfortunately, the historical practice does not supply a precise explanation of where the Constitution places the power to acquire territory for the United States.” (Legal Issues Raised by Proposed Presidential Proclamation To Extend the Territorial Sea, October 4, 1988)

“In the Legal Tender Cases, Mr. Justice Strong, speaking for the majority of the court, said that the adoption of the first ten amendments indicated that in the judgment of those who adopted the Constitution there were powers created by it not specified nor deducible from, or ancillary to, any one specified power ‘but which grew out of the aggregate of powers conferred upon the government, or out of the sovereignty instituted.’”

“Mr. Justice Bradley in a concurring opinion characterized the United States as ‘a national government and the only government in this country having the character of nationality,’ and added:”

“Such being the character of the General government, it seems to be a self-evident proposition that it is invested with all those inherent and implied powers which, at the time of adopting the Constitution, were generally considered to belong to every government as such, and as being essential to the exercise of its functions.” (George Sutherland, Constitutional Power and World Affairs (1919))

“The power of congress to acquire new territory, either by conquest, purchase, or annexation, was much debated at the time of the acquisition of Louisiana from France, in 1803, and in a less degree in connection with the purchase of Florida and of Alaska.”

“It has now come to be recognized and established, rather by precedent and the general acquiescence of the people, than by any strict constitutional justification. In fact, the power cannot be derived from any narrow or technical interpretation of the constitution.”

“But it is necessary to recognize the fact that there is in this country a national sovereignty. That being conceded, it easily follows that the right to acquire territory is incidental to this sovereignty. It is, in effect, a resulting power, growing necessarily out of the aggregate of powers delegated to the national government by the constitution.” (Handbook of American Constitutional Law)

“Territory is acquired by discovery and occupation where no other recognized nation asserts sovereignty over such territory. In contrast, when territory is acquired by treaty, purchase, cession, or conquest, it is acquired from another nation.” (Footnote, Legal Issues Raised by Proposed Presidential Proclamation To Extend the Territorial Sea, October 4, 1988)

“We have acquired much territory under treaty provisions and by conquest, and in such case the acquisition may be regarded as incidental to the powers mentioned …”

“… but we have also acquired territory by original discovery and appropriation alone. Such is the fact with reference to a large portion of Oregon; and such is peculiarly the fact with reference to certain small islands of the sea— the so-called Guano Islands.” (George Sutherland, Constitutional Power and World Affairs (1919))

“An act of congress passed in 1856, declared that guano islands taken into possession and occupation by American citizens, might be declared by the President to be ‘appertaining to the United States.’” (Handbook of American Constitutional Law)

“An act of Congress provides for the acquisition by Executive proclamation of any islands valuable for their deposits of guano, discovered by citizens of the United States and not, at the time of discovery, occupied or possessed by any other government or its citizens.” (George Sutherland, Constitutional Power and World Affairs (1919))

“In regard to this statute, the supreme court has recently declared that ‘by the law of nations, recognized by all civilized states, dominion of new territory may be acquired by discovery and occupation, as well as by cession or conquest …”

“‘… and when citizens or subjects of one nation, in its name, and by its authority or assent, take and hold actual, continuous, and useful possession (although only for the purpose of carrying on a particular business, such as catching and curing fish, or working mines) of territory unoccupied by any other government or its citizens …’”

“‘… the nation to which they belong may exercise such jurisdiction and for such period as it sees fit over territory so acquired. This principle affords ample warrant for the legislation of congress concerning guano islands.’” (Handbook of American Constitutional Law)

In 1811, another annexation of foreign territory (West Florida) resulted from a Presidential Proclamation followed by an act of Congress (House and Senate participation.)

The Supreme Court, in speaking of the power of Congress to establish the Territorial Government in Florida until it should become a state, declared, “In the mean time, Florida continues to be a territory of the United States …”

“… governed by virtue of that clause in the Constitution, which empowers Congress ‘to make all needful rules and regulations, respecting the territory, or other property belonging to the United States.’”

“Perhaps the power of governing a territory belonging to the United States, which has not, by becoming a state acquired the means of self-government, may result necessarily from the facts, that it is not within the jurisdiction of any particular state, and is within the power and jurisdiction of the United States.”

“The right to govern, may be the inevitable consequence of the right to acquire territory. Whichever may be the source whence the power is derived, the possession of it is unquestioned.” (Canter Decision – Decision also cited in Dred Scott Decision)

Then, in Hawai‘i, “In 1893, ‘[a] so-called Committee of Safety, a group of professionals and businessmen, with the active assistance of John Stevens, the United States Minister to Hawai‘i, acting with the United States Armed Forces, replaced the [Hawaiian] monarchy with a provisional government.’ ‘That government sought annexation by the United States’ (Newlands Resolution).” (US Supreme Court)

“Then the provisional government grew into the constitutional Republic of Hawai‘i, and we have fully recognized that as the rightful and permanent government of Hawai‘i, and have kept our minister and consul-general at Honolulu and our war ships in that bay to protect them and the Republic….”

“No nation in the world has refused recognition of the Republic of Hawai‘i as the rightful Government, and none of them question its soverign [sic] right to deal with any question that concerns the people of Hawai‘i.” (Fifty-Fifth Congress, Second Session, Committee on Foreign Relations, March 16, 1898)

“This act also establishes the fact that a treaty with a foreign State which declares the consent of such State to be annexed to the United States, although it is rejected by the Senate of the United States, is a sufficient expression and authentication of the consent of such foreign State to authorize Congress to enact a law providing for annexation …”

“… which, when complied with, is effectual without further legislation to merge the sovereignty of such independent State into a new and different relation to the United States and toward its own people.” (Fifty-Fifth Congress, Second Session, Committee on Foreign Relations, March 16, 1898)

On May 5, 1898, Representative Francis Newlands, of Nevada, offered a joint resolution addressing the annexation of Hawai‘i. Though considerable opposition to annexation was still manifested in the House, the Newlands resolutions were finally passed.

The resolutions were immediately reported to the Senate, which had been discussing the treaty for nearly a year. That body referred them to its Committee on Foreign Relations, which in turn at once favorably reported them.

On June 15, 1898, the Newlands resolution passed the House by a vote of 209 to 91; the vote on the Newlands Resolution in the Senate was 42 to 21 (2/3 of the votes by Senators were in favor of the resolution, a significantly greater margin was cast by Representatives in the House.) (Cyclopedic Review of Current History, 4th Quarter 1898)

The US Constitution, Article II, Section 2 states: “(The President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur …” The following day, July 7, 1898, President McKinley signed the Newlands Resolution it into law.

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Annexation-Here to Stay-PCA-July 14, 1898