Peter T Young

October 9, 2016 by Peter T Young Leave a Comment

Illinois Brigade

American Fur Company, founded by John Jacob Astor in 1808, would become one of the largest businesses in the country at the start of the 19th century.

Astor planned the post to grow into a permanent settlement, with plans to develop a large trade ring that included New York, the Pacific Coast, Russian Alaska, Hawaiʻi and China. The furs collected in the northwest and Alaska, would be shipped to China and exchanged for porcelain, silk and other cloth, and spices that would be brought back, via Hawaii to New York.

Initially, Astor’s operation in the Columbia River Valley of Oregon was under a subsidiary called the Pacific Fur Company and his Great Lakes efforts were under another subsidiary – the South West Company.

Astor began this ambitious venture to compete with the two great fur-trading companies in Canada – the Hudson’s Bay Company and the North West Company.

As early as 1811, Hudson’s Bay Company had already hired twelve Hawaiians on three year contracts to work for them in the Pacific Northwest. That year John Jacob Astor built Fort Astoria, it was later sold to the North West Company.

However, the War of 1812 destroyed both companies. Five years later, in 1817, Congress passed an act which excluded foreign traders from US territory, making the American Fur Company the biggest in the Great Lakes region.

The Illinois Brigade was one of several trading expeditions sent out annually, between about 1816 and 1827, by the American Fur Company from its headquarters at Mackinac, at the confluence of Lakes Michigan and Huron, in Michigan Territory.

The brigade, usually numbering ten or twelve native canoes, as well as shallow-draft, flat-bottomed boats (bateau,) loaded with trade goods, made its way down Lake Michigan and through the Chicago portage and Des Plaines River to the Illinois River.

There it divided into small parties that spent the winter bartering with the Indians for furs. In the spring the brigade reassembled and returned by water to Mackinac. In 1828 the American Fur Company sold its Illinois interests to Gurdon S Hubbard, the brigade’s commander. (Gale Group)

Wait … this is about another Illinois Brigade – they’re from this area (around Chicago,) but rather than canoes familiar to that region, this Illinois Brigade paddles Hawaiian outrigger canoes.

Among the more than 260 canoe clubs that have participated in the Molokai Hoe are crews from the Hawaiian islands of Oʻahu, Hawaiʻi, Maui, Molokai, Lānaʻi and Kauai; and, from several parts of California, from the states of Oregon, Arkansas, Illinois, Pennsylvania, New York and Virginia, and from several areas across Canada.

In the Pacific, clubs from several coasts of Australia have participated; and from New Zealand, New Caledonia, Japan, Hong Kong, the Kingdom of Tonga, Johnston Island; many from Tahiti and other islands of French Polynesia; and from Europe, crews from England, Germany, Slovakia, and Hungary have raced across the Molokai Channel. (Molokai Canoe Race)

Folks from the Chicago area got their start when Don Alberta, then a 51-year old pilot for American Airlines, and avid canoeist, was vacationing in Hawaii when he met Herman Clark (whose father Herman was a guard for the Bears in the 1950s.)

Clark invited him to paddle with him and afterwards challenged Alberta to get up a team and race. That he did, finishing 14th in 1981 and 10th in 1984, all the while using an old practice boat. (Chicago Tribune)

Then, in 1985 at Bankoh Molokai Hoe 34, on Sunday, October 13, 1985, 48 canoes, 13-koa, 35 fiberglass started the race, all finished.

The Illinois Brigade was the first team from a landlocked part of the world to win the Molokai Hoe, which began in 1952 and covers just over 40 miles from Molokai to Oʻahu. (Chicago Tribune)

First, in the fiberglass division was the Illinois Brigade-1 (Chicago) (Serge Corbin, Joe Johnson, Jay Mittman, Bruce Barton, Al Rudquist, Kurt Doberstein, Ed Crozier, Tim Triebold, Mike Fries) in the time of 5:33:04. (Molokai Canoe Race)

“That blew their minds,” says Alberta, explaining that teams far more accustomed to the water conditions couldn‘t keep pace. “They mystified the Hawaiians,” said restaurateur Nick Nickolas. (Chicago Tribune)

The Molokai Hoe has become one of the longest-running annual team sporting events in Hawai‘i (second only to football.) The first-ever contest, held on October 12, 1952, happened with just three competing koa wood outrigger canoes of six men each.

Canoes launch from the Hale o Lono Harbor off the west side of Molokai and travel approximately 41 miles across the Kaiwi Channel to finish at Dukes Beach at Fort DeRussy and Hilton Hawaiian Village. (This year’s race is today, October 9, 2016.)

The channel is said to be among one of the most treacherous spans of ocean in the world, with the current record time for the passage being under 5 hours. The Oahu Hawaiian Canoe Racing Association organizes the annual event.

The Molokai Hoe perpetuates one of Hawai‘i’s and Polynesia’s most important and historic cultural traditions, while honoring outrigger canoe paddlers around the world. (Molokai Hoe)

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October 7, 2016 by Peter T Young 2 Comments

Villa Franca

By the nineteenth century Italy had been divided into a number of competing states for over a thousand years. The French, Austrians and Spanish had all dominated at different periods.

At the start of the French Revolutionary Wars the Austrians controlled Lombardy and Tuscany, while branches of the Bourbon family ruled in Parma, Modena and Naples. Much of central Italy was ruled by the Pope, forming the Papal States.

After the final defeat of Napoleon the pre-war status quo was almost restored. The Bourbons returned to Naples, the House of Savoy to Piedmont-Sardinia and the Habsburgs to Lombardy. The Papal States were restored.

Italy didn’t settle down under the restored status-quo. A series of revolutions broke out across the country. Some of the fighting was between the French and Austrians (Second Italian War of Independence, also called the Franco-Austrian War.)

“The war which had broken out in Northern Italy (was) brought to a close by the peace of Villa Franca”. (Pacific Commercial Advertiser, November 17, 1859)

Wait, this is not about Villa Franca in Italy … let’s look at Hawai‘i.

The archipelago of the Azores is composed of nine islands, situated in the Atlantic Ocean; the Azores are divided into three districts, subdivided into nineteen “conulhos” (municipalities) with 120 “freguezias” (parishes) – Villa Franca do Lamqo (is one, with 4,000 inhabitants.) (Daily Press, December 25, 1885)

“The last official census of this Kingdom acknowledged here 9,377 Portuguese; but, as the Luso Hawaiiano justly remarked some time ago, that number is far short of the actual truth…”

“… the above figures do not include the last arrival of immigrants 370 In the Dacca nor does It enumerate the number of Portuguese children born in this country, which go into the ‘foreigners, Hawaiian-born,’ nor the children of Portuguese married to Hawaiian or half-white women, which go under the heading of ‘half-castes.’”

“It is therefore no exaggeration to say that the Portuguese colony in these Islands numbers now over 10,500 souls, which makes one-eighth of the total population.”

“Thus they have become quite an important element amongst us, and as very few of them, if any, come from Portugal itself, the majority of them having come from the Azores …” (Daily Press, December 25, 1885)

As the population grew, one developer looked to market a Hilo subdivision to provide a place for them to live.

“Villa Franca is the name of the Waiākea addition to Hilo, thrown open for settlement by CS Desky of Honolulu. It will without doubt become purely a Portuguese villa and Mr Desky anticipating this has named the streets now being constructed, Lisbon, Lusitana and Funchal.” (Evening Bulletin, May 12, 1897)

“(H)e bought some land most unprepossessing in an out-of-the-way part of Hilo and cut it up into 96 lots of about 1/8 of an acre per lot and sold every lot for $100 per lot. That was a selling price of $800 per acre (at) Villa Franca …” (The Friend, October 1916)

It seems his marketing worked, early owners in Villa Franca includes Antonio, Carvalho, da Camara, da Costa, Francisco, de Gouvea, Medina, Rocha, da Silva, Souza, Soares, Santos, Serrao, Liborio, Medeiros …

It appears Desky didn’t name the streets as initially planned; the area is now just mauka of the County and State municipal buildings in Hilo, with Panaʻewa, Mauna Loa and Mauna Kea as some of its streets (bounded by Hualālai, Kinoʻole, Kilauea and Wailoa River.)

One historian called Desky ‘Hawaii’s first subdivider;’ he developed a variety of residential and commercial properties all over the Islands. Villa Franca was described as “a working class neighborhood”.

“A few years ago even the most progressive citizens of the Paradise of the Pacific would state that there was ‘nothing in real estate’ in Honolulu, and every man with money was chasing after sugar stock or doubling his coin in the business which justly, if not politely, must be described as usury.”

“New blood and fresh ideas were wanted to shake up the community from the lethargy in which every body apparently had fallen.” (The Independent, April 25, 1898)

“One day CS Desky arrived on the scene, and it didn’t take him very long before he had realized the wonderful opportunities which the islands offered …. Desky treated the public to surprise after surprise. …” (The Independent, April 25, 1898)

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October 6, 2016 by Peter T Young 1 Comment

Charles A Cottrill

“A hard fight had been made against him. He was opposed, on nothing but the fact that he was a negro. His opponents, many of them sincere, urged that his color would prevent success in office here, that he would be ostracized, that his assistants would not work with him.”

“Obstacles were thrown in his way from the start, until Cottrill himself arrived on the scene and went about his duties.” (Star Bulletin, January 22, 1913)

In his support the Toledo Chamber of Commerce noted, “Mr Cottrill is a man of excellent educational qualifications well fitted by experience and training to perform the duties of this new office, faithful to the work he has in hand, of unquestioned integrity and having the strength of character that will make him a forceful number of your community.”

“I feel very positive that he will within a short time be held in the same high esteem by the business men of Honolulu in which he is now held by the business men of Toledo.”

“The Toledo Chamber of Commerce does not frequently write letters of this character but in this particular instance our officers feel that this tribute to Mr Cottrill is so thoroughly well deserved as to warrant our putting aside old precedents.” (Louis Paine, Secretary Toledo Chamber of Commerce; Hawaiian Gazette, December 9, 1910)

“Charles A Cottrill was born in Findlay, Ohio, December 3, 1863, and moved with his parents to Toledo in 1867. He entered the public schools of this city and was graduated therefrom in June 1881, having been president of his class during his entire senior year in the high school.”

“He entered the United States Internal Revenue Service at Toledo August 1, 1881 as clerk to the collector and by a series of promotions rose to the position of general bookkeeper for the tenth collection district of Ohio. During this time he read law relating to that branch of the public service.”

“He was employed from June 1, 1887 to January 1, 1888 by the treasurer of Lucas County, Ohio and on the latter date entered the office of the secretary of state at Columbus as chief of the Division of Incorporation, and continued in that office until January 1, 1893. During that time he specialized in corporation law.”

“In January 1893 he was appointed deputy recorder of Lucas County, Ohio and filled the duties of that office so satisfactorily that on November 1, 1897 he was promoted to chief deputy which position he held to the entire satisfaction of the tax-payers and of his chief until September 1, 1910.

“During these years Mr. Cottrill gave a great deal of time and attention to laws relating to real estate. Mr. Cottrill has always been prominently and efficiently identified with the Republican party not only In this city, county and state, but also nationally. (Hawaiian Star, December 9, 1910)

Prior to arriving, he noted, “‘I regard the Negro Officeholder as a man loaded down with responsibilities of the most serious kind,’ said the Hon Charles A Cottrill, the new collector of internal revenue for the district of Hawaii, as a reception tendered him by Hon WH Clifford in Washington recently.”

“In the course of his speech Mr Cottrill called upon those present to be true to race interests. ‘Manhood and race interests,’ he said, ‘demand that we acquit ourselves with credit in the positions we are called to fill. This we must do in order that the other members of the race who come after us may have an easier time.’” (Afro-American Ledger, February 18, 1911)

A distinguished African American was supported by President William Taft to be tax collector for the Hawai’ian Territory in 1911.

“‘The first and the principal thing for an office holder to do, is to render best service to the public. The question of who should be appointed in office, is a secondary matter.’”

“He emphasized the fact, however, that any office holder should render his best service to the public, which he considers, as the principal thing to do, and says he has no present intention of making changes.”

“He will be officially installed in office next Saturday morning, succeeding W. F. Drake, who has been Collector since Roy H. Chamberlain resigned in 1907.”

“Cottrill, who is a lawyer by profession, comes from Toledo, Ohio. He is a negro. He arrived this morning accompanied by Mrs. Cottrill and JC Cottrill the son.” (Evening Bulletin, March 16, 1911)

Later, on a visit by Legislators and others to Waialeʻe Industrial School, “the boys were assembled in the schoolroom to be addressed by Charles A Cottrill, collector of internal revenue.”

“Tears sprang into the eyes of the youngsters, who had been found guilty of some offense and sent to the institution, and ashamed faces were concealed, as Mr. Cottrill pointed out the better ways before them.”

“He did not tell them they had done wrong. Perhaps if he had his words would not have affected them. When his address was ended, Speaker Holstein and Representative Watkins were heard to say that nothing could have been a greater benefit to the youths, and Superintendent Tucker agreed with them.” (Star Bulletin, April 21, 1913)

“Collector Cottrill is a strong race man. Yet, with all his loyalty to his race, he has steadily grown in favor among all classes in Hawaii. His services as an orator are always in demand, and indeed, he has given many people here a new idea of the negro and the negro’s ability.”

“These are some of the reasons why Collector Cottrill deserves to be kept in office. Such a course on the part of the Democrats who command national patronage will set an example far more valuable than any of partisan politics.” (Star Bulletin, January 22, 1913)

Cottrill was a socialite who enjoyed the privileges provided by prestigious country clubs and socialized with top business executives associated with Hawai’i’s top five corporations. His son attended Punahou School.

“Mr. Cottrill is a gentleman of pleasing personality and affable manners, making friends easily and retaining them by reason of his innumerable likeable qualities of heart and mind.” (Hawaiian Star, December 9, 1910)

He left the Hawaiian Islands in 1915, when President Wilson sent him to Ohio, where he continued his political career. (Kelley)

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October 5, 2016 by Peter T Young Leave a Comment

Molokans

“Two hundred years ago in central Russia a group of farmers defied the Russian Orthodox Church by drinking milk whenever they pleased, even on holy days. Despised and persecuted, they were called Molokans – milk drinkers.” (Southeast Missourian, November 11, 1964)

“The Molokans have been compared to Protestants for rejecting the parent church’s orthodoxy, and also have been likened to Presbyterians for having lay ministers and a loose council of dominant elders.”

“In about 1905, thousands of Molokans left Russia to escape religious intolerance and the threat of the military draft, which violates their religious principles. Church prophets instructed the Molokans to migrate to ‘the promised land.’”

“But the prophecy was not clear on an exact location, so some members ended up settling in Baja California where they established a small community known as Valle de Guadalupe. Others migrated to Northern and Central California. The majority, however, settled in East Los Angeles.” (LA Times)

“Their only occupation is agriculture and horse, stock and sheep-raising in connection with it. They live in communities of different sizes, the villages comprising from forty to 500 families. The land is owned in common, and redivided at certain intervals according to changes of working forces in families.” (Pacific Commercial Advertiser, November 26, 1905)

James Bicknell Castle became interested in members of the Molokans, “and immediately began efforts to induce some of them to come to Hawaii, and to that end invited Captain Demens (formerly a Russian nobleman and liberal leader, who has been a resident and citizen of the United States for the past thirty years) to come and examine conditions here to see if he could recommend them to his fellow countrymen.” (Pacific Commercial Advertiser, November 26, 1905)

“Captain Demens came, was pleased with soil, climate and conditions and agreed to recommend his people to come to Hawaii, upon the condition however, that they could secure land at reasonable prices on which they could locate and make a living.”

“Negotiations were immediately opened with the government for land under the homestead settlement law, and with the Makee Sugar Company which holds a lease with eighteen months yet to expire, on the government land of Kapa‘a …”

“… with a view to secure a cancellation of the lease, the homesteading of the same by the proposed settlers and favorable terms for grinding cane raised by them.”

“The day when 600 god-fearing, moral, industrious, educated people, of western civilization, become established on their own land, and doing their own work, will be a red-letter day for Hawaii.” (Pacific Commercial Advertiser, November 26, 1905)

“The first detachment Molokan settlers for these Islands arrived yesterday afternoon the China from San Francisco. Exactly 110-men, women and children composed the party, representing about 30 families. They came in charge George Thellen representing James B Castle.” (Hawaiian Star, February 20, 1906)

“It will be remembered that agents for them visited Honolulu some months ago, to spy out the land. They were looking, they said, for some kind of ‘Land of Promise,’ which their religion taught them would be given them …”

“… where they would be free from governmental tyranny, where the soil and climate would be good, and where they could live their own lives in their own way, at peace with their neighbors and infringing no man’s rights. The agents of the Molokans expressed themselves, at that time, as highly pleased with the Territory.”

“The (Los Angeles) Times said that there would be sixteen thousand of these people to follow the first movement to Los Angeles, and commented very favorably upon the gain that their coming would be to the State.” (Pacific Commercial Advertiser, January 25, 1906)

“Hawaii has cut in ahead of Los Angeles and if the Molokan experiment here is a success, there is little doubt that these sixteen thousand people will find their future home in the Territory.”

Eventually the project failed … “The Kapaa section, once flourishing with green sugar cane, is now a barren looking place. It is government land and is being set apart for homesteaders and until it is fully settled it will be bleak and barren.”

“It is said that the Molokans were disagreeably surprised when first they entered the canefields to cut the juicy stalks. They failed to fasten the bottoms of their trousers legs, as advised, and soon they were hopping about with centipedes clinging to their calves, the Japanese laughing at the predicament of their field rivals.” (Hawaiian Gazette, September 10, 1909)

George H Fairchild, the Makee plantation manager, “gave up on the Russians, declaring them too individualistic to accept supervision and too unreliable as laborers.” (Alcantara)

The ‘Molokan Experiment’ ended about as fast as it started … “(it) seems now pretty well at an end, although twelve families still remain on Kauai.”

“Thirty-four of the colonists, of which such high hopes were entertained when they were brought here, arrived in Honolulu this morning definitely announcing their purpose to leave the islands. Perhaps the trouble was that too generous terms were offered them.” (Hawaiian Star, June 9, 1906)

Castle met the expense of shipping the Molokans back to California, but the cane lands that he caused to be planted by this colony afterward became the nucleus of the plantation operated by the Makee Sugar Co. (Nellist)

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October 4, 2016 by Peter T Young Leave a Comment

DOJ Opinion of October 4, 1988

“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.” (George Sutherland, Constitutional Power and World Affairs (1919))

“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)

“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)

Some suggest that Hawai‘i was never annexed to the United States and, as proof, refer to the October 4, 1988 Office of Legal Counsel of the Department of Justice Opinion and a subsequent (March 12, 2000) Op-Ed by Steven Newcomb in the Advertiser to support their conclusion.

Some even go as far as adding a quote – “US never legally annexed Hawai‘i” – inferring that the Office of Legal Counsel Opinion notes same. (That was the heading on Newcomb’s Op-Ed and apparently his opinion, not the Department of Justice’s.)

In fact, the Office of Legal Counsel Opinion makes the definitive statement, “The United States also annexed Hawai‘i by joint resolution in 1898. Joint Res. 55, 30 Stat. 750 (1898). Again, the Senate had already rejected an annexation treaty, this one negotiated by President McKinley with Hawaii.”

“And again, Congress then considered a measure to annex the land by joint resolution. Indeed, Congress acted in explicit reliance on the procedure followed for the acquisition of Texas.”

Before we get far ahead of ourselves, we should first look at the noted Office of Legal Counsel Opinion and its purpose. While some would have you believe it was an opinion addressing Hawai‘i annexation, in fact, that Opinion was prepared to address “Legal Issues Raised by Proposed Presidential Proclamation To Extend the Territorial Sea”.

The Opinion clearly notes on its first page, under Introduction and Summary, that “This responds to the requests, made by your Office (State Department) and an inter-agency working group, for analysis of the constitutional and statutory questions raised by a proposed presidential proclamation to extend the territorial sea of the United States from its present breadth of three miles to twelve miles.”

The Opinion was not about Hawai‘i, nor its annexation – in fact, of the 26-pages of the Opinion (not counting appendices,) only 2-pages referenced the process of annexation of Hawai‘i. And Hawai‘i and its annexation to the US are not even mentioned in the Opinion’s Conclusion.

It does note, however, “(t)he constitutionality of the annexation of Hawai‘i, by a simple legislative act, was strenuously contested at the time both in Congress and by the press. The right to annex by treaty was not denied, but it was denied that this might be done by a simple legislative act.”

“Notwithstanding these constitutional objections, Congress approved the joint resolution and President McKinley signed the measure in 1898. Nevertheless, whether this action demonstrates the constitutional power of Congress to acquire territory is certainly questionable.”

“The stated justification for the joint resolution – the previous acquisition of Texas – simply ignores the reliance the 1845 Congress placed on its power to admit new states. It is therefore unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution.”

“Accordingly, it is doubtful that the acquisition of Hawai‘i can serve as an appropriate precedent for a congressional assertion of sovereignty over an extended territorial sea.” (Legal Issues Raised by Proposed Presidential Proclamation To Extend the Territorial Sea, October 4, 1988)

Annexation of Hawai‘i to the US was not a hostile takeover, it was something the Republic of Hawai‘i sought. “There was no ‘conquest’ by force in the annexation of the Hawaiian Islands nor ‘holding as conquered territory;’ they (Republic of Hawai‘i) came to the United States in the same way that Florida did, to wit, by voluntary cession”. (Territorial Supreme Court; Albany Law Journal)

“Whether the Republic is a government de facto or dejure it is entitled to American sympathy, and when it has been recognized, successively, by the United States and all other powers, first, as a government de facto and then as a rightful government, republican in form, and is in a successful career of constitutional authority, our national obligations and all our better sentiments compel us to admit its full power and authority to dispose of any question that concerns its sovereign will and the welfare of its people.”

“If it is true, as some rashly venture to assert, that the United States minister at Hawai‘i and the commander of the warship Boston, in violation of our international duty, assisted a band of revolutionists to depose the queen and to usurp the government of the islands …”

“… it is also true that President Harrison recognized that de facto and provisional government as having the rightful sovereignty in Hawaii, in so far that it could conclude a treaty of annexation with the United States, and such a treaty was duly signed and sent to the Senate.”

“Then President Cleveland, when he came into power, sent Mr Blount as his special commissioner and accredited him to President Dole as the representative of the sovereignty of Hawaii. If he, or those in the Senate who still suffer from the pangs and compunctions of conscience which he is supposed to have felt when he recognized President Dole had then renounced the actions of Minister Stevens and Captain Wiltse …”

“… and if Mr Cleveland had sent a minister to Lili‘uokalani as the rightful sovereign, they would have fully established the sincerity of their objections and would have shown ‘the courage of their convictions.’”

“But, instead of observing that logical course, they sent Mr Willis as minister to Hawai‘i and accredited him to President Dole as the chief executive of Hawai‘i.”

“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….” (Fifty-Fifth Congress, Second Session, Committee on Foreign Relations, March 16, 1898)

“Now, after the lapse of five years, it is urged that the Republic is a usurping government; that it is a fraud contrived for the personal advantage of its promoters, and that Lili‘uokalani is still the rightful queen of Hawai‘i….”

“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)

“Recognized by the powers of the earth, sending and receiving envoys, enforcing respect for the law, and maintaining peace within its island borders, Hawaii sends to the United States, not a commission representing a successful revolution, but the accredited plenipotentiary of a constituted and firmly established sovereign State.”

“… the Republic of Hawai‘i approaches the United States as an equal, and points for its authority to that provision of article 32 of the constitution promulgated July 24, 1894, whereby …”

“The President (of the Republic of Hawai‘i,) with the approval of the cabinet, is hereby expressly authorized and empowered to make a treaty of political or commercial union between the Republic of Hawai‘i and the United States of America, subject to the ratification of the Senate.” (The Hawaiian resolution for ratification of the annexation treaty was unanimously adopted by the Senate of the Republic of Hawai‘i on September 9, 1897.) (US Secretary of State Sherman, June 15, 1897)

And, as noted in the purported document that is inferred to suggest “US never legally annexed Hawai‘i” – inferring that the Opinion notes same – it does not; that document states, “The United States also annexed Hawai‘i by joint resolution in 1898.” (Legal Issues Raised by Proposed Presidential Proclamation To Extend the Territorial Sea, October 4, 1988)

Click Here to read the DOJ Opinion for yourself.

Click Here to read Newcomb’s Op-Ed.

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