John L Stevens | Images of Old Hawaiʻi

July 19, 2017 by Peter T Young Leave a Comment

Gilbert Conwall Wiltse

“In view of the existing critical circumstances in Honolulu, including an inadequate legal force, I request you to land marines and sailors from the ship under your command for the protection of the United States legation and United States consulate, and to secure the safety of American life and property.” (Stevens to Wiltse, January 16, 1893)

“You will take command of the battalion, and land in Honolulu for the purpose of protecting our legation and the lives and property of American citizens, and to assist in the preservation of public order.”

“Great prudence must be exercised by both officers and men, and no action taken that is not fully warranted by the condition of affairs and by the conduct of those who may be inimical to the treaty right of American citizens. You will inform me at the earliest practicable moment of any change in the situation.” (Wiltse to Lt-Commander Swinburne, January 16, 1893)

“Promptly the men from the Boston were landed. Detachments were placed around the legation and the consulate, the principal members having marched to a central hall for shelter and headquarters …”

“… the night being at hand, the public anxiety being especially strong as to what might be done by irresponsible persons in the night, the landing of the men of the Boston so promptly gave immediate relief to the public anxiety.”

“The committee of public safety forthwith took possession of the Government buildings, archives, and treasury, and installed the Provisional Government at the heads of the respective departments. This being an accomplished fact, I promptly recognized the Provisional Government as the de facto Government of the Hawaiian Islands.”

“The English minister, the Portuguese charge d’affaires, the French and the Japanese commissioners promptly did the same; these, with myself, being the only members of the diplomatic corps residing here.”

“It is proper that I should add, that the presence of the Boston here has been of the highest importance, and the behavior of officers and men has been admirable.”

“Capt. Wiltse has exercised prudence and great firmness, while he and the undersigned have recognized only accomplished facts and have not allowed the use of the United States force for any but the most conservative reasons, I am, sir, John L. Stevens.” (Blount Report)

Let’s look back …

Gilbert Conwall Wiltse was appointed to the Naval Academy from New York, and graduated on September 20, 1855. He became a midshipman on June 9, 1859, and was ordered to the frigate, Congress, the flagship of Admiral JS Sands, cruising on the Brazilian Station from 1859 to 1861. He was made Lieutenant on Aug. 31, 1861.

The Congress was recalled from the station upon the breaking out of the civil war, and Wiltse was detached from that vessel and ordered to the St. Lawrence of the home squadron, in which ship he was present at the engagement of the Confederate ram, Merimac, with the Congress and the Cumberland, in Hampton Roads, on March 8 and 9, 1862.

He was also in the engagement with the Sewel Point batteries in May, 1862. He served on the steam sloop, Dacotah, of the West India squadron in 1862-63, and in the Atlantic blockading squadron in 1863-64.

He had a taste of hot work in the engagement of monitors with Forts Sumter and Moultrie in Nov. 1863. He was commissioned Lieutenant Commander on March 3rd, 1865. He served with distinction all through the civil war.

He served successfully on the steamer Agawam, Atlantic squadron, 1866-67; apprentice ship. Saline, 1867-68; navy yard, New York, 1868-69; on monitor, Saugus, North Atlantic fleet, 1869-70; navy yard, Pensacola, 1870-72.

On November, 8, 1873, he was made commander and put in charge of the Sawmut, North Atlantic squadron, 1875-76. He was on shore duty at the New York Navy yard, 1878-81, and assigned to the command of the Swatara, North Atlantic squadron, 1884-85.

When in command of the Swartara, he was the conveyor of several millions of dollars in silver coin from New Orleans to New York, and it was when in command of that vessel in the harbor of Aspinwall that he protected the three political refugees.

He was promoted to Captain on Jan. 20, 1887, and placed in command of the receiving ship, Franklin; and then the U. S. steamship, Minnesota. He was assigned to the command of the Boston in 1891. The Boston was under his command with the Baltimore and the Yorktown, in the harbor of’ Valparaiso, when the men of the Baltimore were attacked in the streets of that city.

His last service with the Boston. Captain Wiltse of the US Navy was in command of the USS Boston when the Hawaiian revolution occurred; and, at the request of United States Minister Stevens, landed a detachment of marines.

Following that, Captain Wiltse returned to New York City and died at his home, No. 42 East Fifty-third St., New York City, on April 26, 1893. “He was taken ill on Thursday night of last week with congestion of the brain. His condition was not considered serious until Monday night when he became unconscious. He remained so until his death. He was 54 years old.” (Wiltse)

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Gilbert_C._Wiltse-WC

Capt._G._C._Wiltse-WC

USS_Boston_landing_force,_Arlington_Hotel-1893_(PP-36-3-002)

Dole,_Capt._Wiltse,_and_others_watching_a_parade_near_Iolani_Palace_following_overthrow_(PP-36-3-006)-WC

Arlington_Hotel-(formerly_Haleakala)-Officers of the USS Boston at Camp Boston-1893

USS Boston – 1891

Capt._G._C._Wiltse-gravestone

February 8, 2017 by Peter T Young Leave a Comment

John Leavitt Stevens

“That I yield to the superior force of the United States of America, whose minister plenipotentiary, His Excellency John L Stevens, has caused United States troops to be landed at Honolulu, and declared that he would support the said provisional government.” (Lili‘uokalani, January 17, 1893)

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.” (US Supreme Court; Hawaii v OHA, 2008)

John Leavitt Stevens, journalist, author and diplomat, was born in Mount Vernon, Maine, August 1, 1820. By his own efforts he was educated at the Maine Wesleyan Seminary and the Waterville Liberal Institute for the Universalist ministry.

After ten years in the service of this denomination, he was attracted by the intensely interesting condition of national affairs, of which he was always a keen observer, into newspaper work, entering into partnership in 1855 with the late James G. Blaine in conducting The Kennebec Journal.

There he remained for nearly fourteen years, and it was during this period that he obtained that influence in the political world that was afterward recognized by his foreign appointments from the Government. He was repeatedly sent to the State Legislature and Senate, and was one of the chief movers in the formation of the Republican Party in Maine.

In 1870, Stevens accepted the position of United States Minister to Uruguay and Paraguay under President Grant. He resigned after remaining in Montevideo about three years.

He took a very active part in the Presidential campaign of 1876, acting as Chairman of the Republican State Committee of his native State,

He was rewarded with an appointment as Minister to Sweden and Norway in 1877, which position he held until 1883. In June, 1889, Stevens was appointed Minister to the Hawaiian Islands, his title soon after being changed to Minister Plenipotentiary and Envoy Extraordinary. (NY Times, February 9, 1895)

“Although Stevens exaggerated the threatening situation in Hawai‘i, there was indeed some cause for American uneasiness. After the constitutional reforms of 1887, the split between foreigners and native nationalists had widened”

“British capitalists, stimulated by the completion of the Canadian Pacific Railway, sought new investments; a rumor circulated that Britain would welcome a protectorate.” (Pletcher)

“When the long-expected revolution finally began in January 1893, it was brought about by two interacting and partly indistinguishable groups, one wanting an independent Hawaiian republic and another seeking annexation to the US.”

“The immediate cause lay in two actions by Queen Liliuokalani. First she replaced a pro-American cabinet with a group of ill-qualified timeservers on whom she could rely.”

“Then, and more important, she revealed her determination to proclaim a new constitution, increasing the royal power and requiring all voters to be naturalized and take an oath of loyalty to her.”

“The course of the revolution was considerably simpler than its causes; it lasted two days and was almost entirely bloodless. (With) the queen’s announcement that the new constitution would be introduced …”

“… the Annexation Club carried out plans already discussed with Stevens and Captain GC Wiltse of the American Cruiser Boston, then in port. Wiltse landed 154 marines to restore order”. (Pletcher)

Stevens supported annexation by the US and in December 1893, he wrote ‘A Plea for Annexation’ in The North American Review where he concluded, “To say that we do not need the Hawaiian Islands as a security to our immense future interests is but the babble of children or of incompetent men.”

“It is blindly and recklessly to ignore the logic of irresistible circumstances, and to scoff at the plainest teachings of history. No! America cannot get rid of her future responsibilities if she would, and all attempts to do so will be at the cost of her future generations.”

“In the light of these inexorable truths, in the name of what is most sacred in Christian civilization, in behalf of a noble American colony, holding the advanced post of America’s progress …”

“… I cherish the faith that the American people, the American statesmen, and the American government, thoughtful of America’s great future, will settle the Hawaiian question wisely and well will see to it that the flag of the United States floats unmolested over the Hawaiian Islands.” (Stevens, The North American Review, December 1893)

“President Cleveland, directly after his inauguration, sent a message to the Senate withdrawing the question of annexation from further consideration; and a Commissioner, Mr. Blount, was sent to report on the situation. He ordered the protectorate withdrawn as unnecessary.”

“Mr. Stevens immediately resigned and returned home. He then devoted himself, in the public prints and on the platform, to a denunciation of the Administration’s Hawaiian policy.” Stevens died February 8, 1895 at his home in Augusta Maine. (NY Times, February 9, 1895)

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John Leavitt Stevens

January 14, 2017 by Peter T Young 1 Comment

Timing

Scorning the opinions and advice of all the best men of the Islands, both of her own race and the whites, she finally united her political fortunes with the opium ring and those who were leagued to carry through the Legislature a sweeping lottery charter of the Louisiana type …”

“This was Saturday, January 14, 1893. From that hour the Hawaiian monarchy was dead, and no restoration is possible, except by the exercise of some outside and foreign force. At the date of her downfall Lili‘uokalani was without the sympathy and aid of the best of the native Hawaiians and of nearly all the respectable and responsible white residents of the Islands.”

“Amid the exciting events in Honolulu following the revolutionary attempts of Lili‘uokalani to proclaim a despotic constitution, by which she flung away her crown …”

“… a small force of marines and sailors was landed from the United States ship Boston, as a precautionary step for the protection of American life and property, and as a safeguard against night incendiarism stimulated by the hope of plunder, greatly feared by many of the best citizens.” (Stevens, The North American Review, December 1893)

“The cabinet was voted out on January 12 (by a vote of 25 to 16;) another was appointed on January 14, on which date the Queen prorogued the legislature and attempted to proclaim new constitution. At 2 pm on January 16 the citizens met and organized a committee of safety.”

“On Monday, January 16, there was a large and enthusiastic mass meeting, composed of the representative men of Honolulu, held in the largest hall in the city, at 2 pm. On the same day I received from the United States minister a request to land the sailors and marines of the Boston to protect the United States legation, consulate, and the lives and property of American citizens. … At 4:30 pm landed force in accordance with the request of the United States minister plenipotentiary.” (Wiltse, January 18, 1893, Blount Report)

“At the time the Provisional Government took possession of the Government buildings, no troops or officers of the United States were present or took any part whatever in the proceedings.”

“No public recognition was accorded to the Provisional Government by the United States minister until after the Queen’s abdication and when they were in effective possession of the Government buildings, the archives, the treasury, the barracks, the police station, and all the potential machinery of the Government.”

“Then, and not until then, when the Provisional Government had obtained full de facto control, was the new order of things recognized by the United States minister, whose formal letter of recognition was promptly followed by like action on the part of the representatives of all foreign governments resident on the Hawaiian Islands.” (John Foster, State Department, February 15, 1893, Blount Report)

“As soon as the Provisional Government was in possession, it sent notifications of the situation to all the representatives of the foreign powers. Recognitions began to pour in as soon as it became clear that the Government was a genuine de facto one, until all the powers had accepted the situation.”

“The list includes Sweden, Germany, the United States, Austro-Hungary, Belgium, Russia, Peru, Italy, the Netherlands, France, England, Japan, China, Portugal, Chile, Denmark, Spain, and Mexico.” (Wiltse, February 1, 1893, Blount Report)

“(T)he cabinet came to the conclusion that it was absurd to think of resisting the United States, and waited only until Mr. Stevens formally notified them of his recognition of the Provisional Government, which he sent us in answer to a letter from us. This letter in answer to ours reached us before 4 o’clock and less than an hour after the issuing of the proclamation by the Provisional Government.” (AP Peterson, July 13, 1893, Blount Report)

US recognition of the Provisional Government was made in a statement on United States Legation stationary dated January 17, 1893; it states, “A Provisional Government having been duly constituted in the place of the recent Government of Queen Liliuokalani …”

“… and said Provisional Government being in full possession of the Government Buildings, the Archives, and the Treasury and in control of the capital of the Hawaiian Islands, I hereby recognize said Provisional Government as the de facto Government of the Hawaiian Islands.” (Stevens, January 17 1893)

“As to the precise time when the letter of recognition was received from American Minister Stevens I can not be positive. My recollection is that it was about the time that Messrs. Damon and Bolte returned from the police station with the four ex-ministers …”

“… but the records of our proceedings at the time, kept by the secretary, place it after the return of Mr. Damon and the ex-ministers from their visit to the Queen. In any event it was very late in the day, and long after Messrs. Wodehouse and Walker had called. (James H Blount, July 15, 1893, Blount Report)

However, a recent revelation (part of the Provisional Government Papers at the Hawaiian Mission Houses Archives and Historic Site) notes a January 17, 1893 ‘Private’ correspondence between Stevens and Dole that suggests that the US de facto recognition of the Provisional Government had been prepared prior to the takeover of the Government Buildings.

That note from Stevens to Dole states: “I would advise not to make known of my recognition of the de facto Provisional Government until said Government is in possession of the Police Station.” (Stevens, January 17, 1893)

Later reports note, “Then, on the 17th day of January, according to the recognition of the United States, from which there has been no dissent or departure, the interregnum ceased, and the executive head of the Government of Hawaii was established.” (Morgan Report)

“The recognition of the Provisional Government was lawful and authoritative, and has continued without interruption or modification up to the present time. It may be justly claimed for this act of recognition that it has contributed greatly to the maintenance of peace and order in Hawai‘i and to the promotion of the establishment of free, permanent, constitutional government in Hawaii, based upon the consent of the people.” (Morgan Report)

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Provisional Government – Letter from United States Minister, John L. Stevens to Sanford B. Dole – January 17, 1893-1

Provisional Government – Letter of recognition from United States Minister, John L. Stevens – January 17, 1893

April 23, 2016 by Peter T Young 3 Comments

If the Newlands Resolutions is Not Valid – What does Hawaii Revert to?

“Queen Lili‘uokalani attempted on Saturday, Jan. 14 (1893,) to promulgate a new Constitution, depriving foreigners of the right of franchise and abrogating the existing House of Nobles, at the same time giving her the power of appointing a new House.”

“This was resisted by the foreign element of the community, which at once appointed a committee of safety of thirteen members, which called a mass meeting of their classes, at which 1,200 or 1,500 were present.”

“That meeting unanimously adopted resolutions condemning the action of the Queen and authorizing the committee to take into consideration whatever was necessary for the public safety.” (New York Times, January 28, 1893)

The Committee of Safety, formally the Citizen’s Committee of Public Safety, was a 13-member group also known as the Annexation Club; they started in 1887 as the Hawaiian League. The Committee of Safety was made up of 6-Hawaiian citizens (naturalized or by birth (American parentage;)) 5-Americans, 1-Englishman and 1-German (none were missionaries and only 3 had missionary family ties.)

On January 16, 1893, the Committee of Safety wrote a letter to John L Stevens, American Minister, that stated: “We, the undersigned citizens and residents of Honolulu, respectfully represent that, in view of recent public events in this Kingdom, culminating in the revolutionary acts of Queen Liliʻuokalani on Saturday last, the public safety is menaced and lives and property are in peril, and we appeal to you and the United States forces at your command for assistance.”

“About 5 o’clock in the afternoon (January 16, 1893,) the USS Boston landed about three hundred men. Each man had two belts of cartridges around his waist and was armed with a rifle. The men marched up to the office of the Consul-General of the United States where a halt was made.”

“The Marines were detached and sent to the American Legation on Nuʻuanu Avenue, while the sailors marched out along Merchant Street with two gatling guns and made a halt at Mr JA Hopper’s residence. About sundown they moved to the grounds of Mr JB Atherton’s and after a stay of several hours returned to the Arion Hall, where they camped overnight.” (Pacific Commercial Advertiser, January 17, 1893)

“HE Cooper read a proclamation abrogating the Monarchy and creating a Provisional Government. The proclamation dismissed the present Ministry and the Marshal. The following Cabinet was then read: …”

“… Hon. SB Dole, Minister of Foreign Affairs; PC Jones, Minister of Finance; Captain JA King, Minister of Interior; WO Smith, Attorney-General. (They made up the Executive Council of the Provisional Government.) They will call on the protection of the American Government.”

“At 3:15 o’clock a wagon load of men and ammunition arrived at the Government building.” (Daily Bulletin, January 17, 1893) “Armed volunteers arrived from the Beretania Street Armory to reinforce the force already at the Government building, and were posted over the yard.” (Daily Bulletin, January 18, 1893)

To avoid bloodshed, the Queen yielded her throne on January 17, 1893 and temporarily relinquished her throne to “the superior military forces of the United States”. The Committee immediately proclaimed itself to be the Provisional Government.

Almost immediately following the overthrow, Consulate offices in Honolulu recognized the Provisional Government as the “de facto government of the Hawaiian Islands.” John L Stevens, for the US Legation, acknowledged the Provisional Government on January 17, 1893.

The ‘recognition’ of a state under international law is a declaration of intent by one state to acknowledge another power as a ‘state’ within the meaning of international law. Recognition constitutes a unilateral declaration of intent. It is entirely at the discretion of any state to decide to recognize another as a subject of international law.

A distinction is also drawn between de jure and de facto recognition. If a state is accorded de jure recognition that means all the preconditions under international law for final and complete recognition have been fulfilled. De facto recognition has a comparatively less binding effect, because the legal relationship – though effectively in existence – is only provisional. (Blazek, Swiss Government Portal)

On January 18, 1893, the Imperial German Consulate, Austro-Hungarian Consulate, Consul for Italy, Russian acting consul, Vice-Consul for Spain, Consulate of The Netherlands, Royal Danish Consulate, Consulate of Belgium, Consul for Mexico, Consulate of Chile, Office of the Peruvian Consulate, Consul-General and Charge d’Affaires of Portugal, Consulate and Commissariat of France and Chinese Commercial Agency wrote letters acknowledging (de facto) the Provisional Government.

On January 19, 1893, the British Legation and His Imperial Japanese Majesty’s Consulate-General acknowledged the Hawaiian monarchy has been abrogated and a Provisional Government established.

US President Benjamin Harrison signed a treaty of annexation with the new government, but before the US Senate could ratify it, Grover Cleveland replaced Harrison as President and subsequently withdrew the treaty. (archives-gov)

“On December 18 of the same year, President Cleveland, unimpressed and indeed offended by the actions of the American Minister, denounced the role of the American forces and called for restoration of the Hawaiian monarchy.” (US Supreme Court, Rice v Cayetano)

Act 69 of the Provisional Government called for “a convention to frame a Constitution,” as well as the election of delegates to the convention. (March 15, 1894)

Qualifications of electors to decide who the delegates would be included “Every male resident of the Hawaiian Islands, of Hawaiian, American or European birth or descent, who shall have taken the oath by this Act provided …”

“… who shall have paid his taxes for the year 1893, unless exempted by law from paying taxes; who shall have attained the age of twenty years; who shall have been domiciled in the Hawaiian Islands for one year, and shall have caused his name, to be entered on the list of voters of the precinct in which he reside, and …”

“… who is not insane or an idiot, or who shall not have been convicted of a felony, unless pardoned, shall be entitled to a vote for the delegates to be elected from the island on which such voter resides.” (Act 69, Section 4, Laws of the Provisional Government)

These limitations to voting eligibility are generally typical for this time frame. US Women’s right to vote (19th Amendment to the US Constitution) was ratified on August 18, 1920.

The ‘oath’ electors and delegates swore noted that he does “solemnly swear in the presence of Almighty God that I will support and bear true allegiance to the Provisional Government of the Hawaiian Islands, and will oppose any attempt to reestablish monarchical government in any form in the Hawaiian Islands.” (Act 69, Section 18, Laws of the Provisional Government)

Oaths like these were typical. Following the Civil War, Confederate soldiers who surrendered were required to sign oaths before they could return to their homes (1860s.) It noted, in part, “…I will bear true faith, allegiance, and loyalty to the Government of the United States; that I will support and defend its constitution, laws, and supremacy against all enemies whether domestic or foreign …”

“Further, that I will not in any wise give aid or comfort to, or hold communication with any enemy of the Government, or any person who sustains or supports the so-called Confederate States; but will abstain from all business, dealing, or communication with such persons.” (Schraf)

Today, naturalized citizens “declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen; that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic …” (US Citizenship and Immigration Services)

Today, in Hawaiʻi (and elsewhere,) “All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation: ‘I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii …”

“As used in this section, ‘eligible public officers’ means the governor, the lieutenant governor, the members of both houses of the legislature, the members of the board of education, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate.” (Article XVI, Section 4, Hawaiʻi Constitution)

The Provisional Government convened a constitutional convention, approved a new constitution and the Republic of Hawaiʻi was established on July 4, 1894. Shortly after (from August 1894 through January 1895,) a number of letters of formal diplomatic recognition (de jure) of the Republic of Hawai‘i were conveyed to the Republic of Hawai‘i President Sanford Dole.

These included formal letters from Austria/Hungary, Belgium, Brazil, Britain, Chile, China, France, Germany/Prussia, Guatemala, Italy, Japan, Mexico, Netherlands, Norway and Sweden, Peru, Portugal, Russia, Spain , Switzerland and the United States. (These were countries that had prior agreements and treaties with the Hawaiian Monarchy.)

An August 7, 1894 ‘office copy’ letter notes US President Grover Cleveland wrote to Republic of Hawai‘i President Sanford B Dole, saying “… I cordially reciprocate the sentiments you express for the continuance of the friendly relations which have existed between the United States and the Hawaiian islands”. (This came a year after Cleveland had expressed concern about the actions of the US consulate in the overthrow.)

In his annual ‘Message to Congress’ (1895,) President Cleveland noted, “Since communicating the voluminous correspondence in regard to Hawai‘i and the action taken by the Senate and House of Representatives on certain questions submitted to the judgment and wider discretion of Congress the organization of a government in place of the provisional arrangement which followed the deposition of the Queen has been announced, with evidence of its effective operation. The recognition usual in such cases has been accorded the new Government.”

It’s interesting to note that fifty years prior, on November 28, 1843, the British and French Governments united in a joint declaration and entered into a formal agreement recognizing Hawaiian monarchy independence (Lord Aberdeen signed on behalf of Britain, French ambassador Louis Saint-Aulaire signed on behalf of France.)

The Declaration states: “Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the French, taking into consideration the existence in the Sandwich Islands of a government capable of providing for the regularity of its relations with foreign nations have thought it right to engage reciprocally to consider the Sandwich Islands as an independent State and never to take possession, either directly or under the title of protectorate, or under any other form, of any part of the territory of which they are composed.”

“The undersigned, Her Britannic Majesty’s principal secretary of state for foreign affairs, and the ambassador extraordinary of His Majesty the King of the French, at the court of London, being furnished with the necessary powers, hereby declare in consequence that their said majesties take reciprocally that engagement.” (Hawaiian Journal of Law & Politics)

However fifty years later, both Britain and France acknowledged the Republic of Hawai‘i through de jure recognition as an independent state. Queen Victoria noted in a September 19, 1894 letter to President Sanford Dole, “We thank you for this communication, and we request you to accept our congratulations on this distinguished mark of the confidence of your fellow citizens …”

“… and we offer you our best wishes for your health and welfare, and for the prosperity of the Republic over which you preside.” Casimir Perier, President of the Republic of France, sent similar sentiments and congratulations to President Sanford Dole.

Hawai‘i was later annexed to the US through the Newlands Resolution. “The Newlands Resolution further provided that all ‘property and rights’ in the ceded lands ‘are vested in the United States of America.’” “Two years later, Congress established a government for the Territory of Hawai‘i. … The Organic Act reiterated the Newlands Resolution and made clear that the new Territory consisted of the land that the United States acquired in ‘absolute fee’ under that resolution.”

“In 1959, Congress admitted Hawai‘i to the Union (hereinafter Admission Act). Under the Admission Act, with exceptions not relevant here, ‘the United States grant[ed] to the State of Hawai‘i, effective upon its admission into the Union, the United States’ title to all the public lands and other public property within the boundaries of the State of Hawai‘i, title to which is held by the United States immediately prior to its admission into the Union.’”

“In 1993, Congress enacted a joint resolution ‘to acknowledge the historic significance of the illegal overthrow of the Kingdom of Hawai‘i, to express its deep regret to the Native Hawaiian people, and to support the reconciliation efforts of the State of Hawai‘i and the United Church of Christ with Native Hawaiians.’ Joint Resolution to Acknowledge the 100th Anniversary of the January 17, 1893 Overthrow of the Kingdom of Hawai‘i, … (hereinafter Apology Resolution).”

“The Apology Resolution did not strip Hawai‘i of its sovereign authority to alienate the lands the United States held in absolute fee and granted to the State upon its admission to the Union.” (US Supreme Court)

A later Hawaiʻi Supreme Court case noted (in 2014,) “The US Supreme Court reversed this court, holding that the Apology Resolution did not confer substantive rights or have a substantive legal effect. Thus, the Apology Bill cannot serve to support a fundamental right to nation-building”. (SCWC-29794)

It’s interesting to note the Supreme Court’s repeated references to the Republic of Hawai‘i, Annexation, Territory, Newlands Resolution, Admission Act, State, etc.

Even with repeated judicial acknowledgement of Newlands Resolution, some have suggested the Newlands Resolution was not done properly. As such, they suggest the monarchy remains.

However, there were two internationally recognized entities that followed the Hawaiian Monarchy – the Provisional Government (with international de facto recognition) and the Republic of Hawai‘i (with international de jure recognition.)

The last being the Republic of Hawai‘i, that negotiated and agreed to the terms of the Newlands Resolution … that led to annexation, territorial status and Hawai‘i becoming the 50th state.

So, a point to ponder, if the Newlands resolution is not valid – what does Hawai‘i revert to?

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