Provisional Government | Page 2 | Images of Old Hawaiʻi

January 18, 2017 by Peter T Young Leave a Comment

Military Strength

In 1866, King Kamehameha V looked to have a separate barracks building for the Royal Guard (prior to that time, they were quartered in Fort Kekūanāoʻa (Fort Honolulu, which used to be at the bottom of ‘Fort” Street.))

Prior to becoming a US territory, Hawaiʻi’s modern army consisted of a royal household guard and militia units. By the 1860s, the Hawaiian military had been reduced to the Royal Guard, a unit assigned to guard the sovereign.

They were also known as the Household Guard, Household Troops, Queen’s Guard, King’s Own and Queen’s Own – they guarded the king and queen and the treasury and participated in state occasions.

On March 4, 1866, Heuck submitted a drawing and verbal description of the proposed Barracks to Governor Dominis – a ‘romantic betowered building’ of coral rock in the Victorian military style. (HHF, Peterson)

In 1870, Heuck was contracted to design and build the barracks for the Royal Guard. Halekoa was designed to berth between 86 to 125 soldiers depending on whether double or triple-tier bunks were used. In practice, the size of the Royal Guard did not exceed 80 men at any time in the 1870s, 80s or 90s. (HHF)

“During the reign of Lunalilo a mutiny occurred among the Household Guard …. The men mutinied over the kind of poi being issued to them as rations and defied the authority of the king to make them obey orders until new poi was given them.” (The Independent, March 13, 1902)

“Two companies of volunteers, the Honolulu Rifles and the Hawaiian Calvary, some forty men in all, were called out but were given nothing to do beyond serving as a rather ineffectual guard for parts of two days.” (Kuykendall)

After further negotiation, the mutineers obeyed the king’s order. Lunalilo then issued a decree disbanding the Household Troops and the kingdom was thus left without any regular organized military force.Public Safcommittee

On February 12, 1874, nine days after the death of King Lunalilo, an election was held between the repeat candidate David Kalākaua and Queen Emma, widow of King Kamehameha IV.

The election was held by the members of the legislature, not the public. The election was held in a special session of the Legislature at the old Courthouse on Queen Street (it was almost the last official action to take place in the courthouse.) When the vote was tallied, Kalākaua won by a count of 39 – 6.

Emma’s supporters (referred to as the “Queenites,” “Emmaites” or the “Queen Emma party”) were unhappy with the decision – an angry mob of about 100 of the Queen’s followers gathered.

No outbreak occurred … until the Committee of five representatives, which had been appointed to notify the King of his election, attempted to leave the building and enter a carriage waiting to convey them to the Palace. A riot ensued and many of the legislators were attacked (1 died.)

During the election riot of 1874, “No dependence could be placed on the police nor on the Hawaiian Guards; these had proved unfaithful to their duties to preserve order, and had in some cases joined the partisans of Queen Emma in their riotous actions.” (Lili‘uokalani)

“The only alternative, in this emergency, was to seek aid from the war vessels in port. About half-past 4 pm, a written request was sent by Charles R Bishop (the Minister of Foreign Affairs,) on behalf of the Government, to the American Minister Resident, for a detachment to be landed from the US ships Tuscarora and Portsmouth, lying in the harbor. And a similar request was transmitted to the British Consul General.” (Hawaiian Gazette – March 4, 1874)

The request stated, “Sir: A riotous mob having unexpectedly made a violent attack upon the Court House and the Members of the Legislature which we have not the force at hand to resist, I have to request that you will cause to be furnished at the earliest moment possible aid from the US ships “Tuscarora” and “Portsmouth” to the Police, in quelling the riot and temporarily protecting life and property. Your obedient servant, Chas. R. Bishop” (Hawaiian Gazette – March 4, 1874)

A force of 150 American marines and sailors under Lieutenant Commander Theodore F. Jewell were put ashore along with another seventy to eighty Britons under a Captain Bay from the sloop HMS Tenedos.

“Commander Belknap and Commander Skerrett of the United States forces took possession of the square on which the court-house is built; and on seeing this, the mob melted silently and entirely away. The armed marines subsequently, at the request of the Hawaiian authorities, guarded the treasury, arsenal, jail, and station-house.”

“The British marines were marched to the residence of Queen Emma, and, after dispersing the rioters assembled there, they occupied the barracks and guarded the palace itself.” (Liliʻuokalani)

Then, the newly-elected king, Kalākaua, restored the army, and named it the Household Guard. (It was reported Kalākaua sympathized and sided with the mutineers and advised and instigated them.)

In 1893, the Kingdom’s force strength was 496 (224 at the Police station and 272 at the barracks.) “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 (3-by birth and 3 naturalized (1-former American, 1-former German & 1-former Tasmanian;)) 5-Americans, 1-Scotsman and 1-German.

Most were not American, and, BTW, none were missionaries and only 3 had missionary family ties – the Missionary Period ended in 1863, a generation before the overthrow.

“During our meetings from the 14th to the 17th we had been looking up men, arms, and ammunition, and in every meeting had reports. We had figured up about 200 of the old Honolulu Rifles besides from 400 to 600 citizens that would shoulder a gun if it became necessary. We had to make estimates, as we could not expect to succeed without backing. We counted on those men as ready in squads around town to be at the building at 3 o’clock.” (McChesney, Morgan Report)

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.” (Pacific Commercial Advertiser, January 17, 1893)

“(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)

“About 5 o’clock in the afternoon (January 16, 1893,) the USS Boston landed (162) 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)

“If the Queen, or the people, or both acting in conjunction, had opposed the landing of the troops from the Boston with armed resistance, their invasion would have been an act of war. But when their landing was not opposed by any objection, protest, or resistance the state of war did not supervene, and there was no irregularity or want of authority to place the troops on shore.” (Morgan Report)

The Honolulu Rifles, a volunteer group of men who supported the Committee of Safety, assembled in opposition to the loyalist guard stationed across King Street at the Palace. With horse blankets and boxes of hard tack, the Honolulu Rifles camped in the halls of Ali‘iolani Hale. (Judiciary History Center)

Following the reading of the Proclamation establishing the Provisional Government, “dozens and scores of armed men poured in till the buildings and premises were filled to overflowing. I believe that before 5 pm, 1,000 to 1,500 men were there, not all armed by any means, but asking for arms to support the Provisional Government. Several hundred were armed and all were determined to hold the (armory) at any cost.” (Tenney, Morgan 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.” (John Foster, State Department, February 15, 1893, Blount Report)

Kuykendall put the Hawaiian army at 272; this is consistent with the Blount report that noted an affidavit by Nowlein, commander of the palace troops that put its strength at 272 (with an additional local police force of 224.)

“A part of the Queen’s forces, numbering 224, were located at the station house, about one-third of a mile from the Government building. The Queen, with a body of 50 troops, was located at the palace, north of the Government building about 400 yards. A little northeast of the palace and 200 yards from it, at the barracks, was another body of 272 troops. These forces had 14 pieces of artillery, 386 rifles, and 16 revolvers.” (Blount Report)

The present military force of the Provisional Government is “between 1,200 and 1,500,” well armed and equipped with modern arms and ammunition. (Oleson, Morgan Report)

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Royal Guards c.1880s

Royal_Guards-Washington_Place,_circa_1890

Royal_Guards_of_Hawaii

Hale_Aliʻi_with_Royal_Guards

Royal_Guards_in_front_of_Iolani_Barracks

Disbandment of the Queen’s Guard, Honolulu-(HHS-6056)-1893

Purported Landing of US Marines & Sailors from the USS Boston-PP-36-3-003-Jan 17, 1893

Honolulu Rifles, a volunteer group of men who supported the Committee of Safety

Troops_of_the_Republic_of_Hawaii_in_1895-WC

Provisional_Government_Troops-(hawaii-edu)

Provisional Government soldiers-Revolution of 1895-PP-53-6-020-1895

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

August 16, 2016 by Peter T Young Leave a Comment

Mary Hannah Krout

“Learning that a revolution was imminent in the Hawaiian Islands, she induced her editor to send her to Honolulu. She would have been the only special correspondent upon the ground at the time of the Queen’s disposition; but two days before she was to set out, she made a misstep and broke her foot.”

“This postponed her departure until the revolution was an accomplished fact. But eventually, with the foot in a silicate cast and on crutches, she made the journey, reached Honolulu safely, and remained until the American flag was hauled down from the government building – a ceremonial of which she was an eyewitness …”

“(S)he was at once placed in personal communication with the heads of the government, even Queen Liliʻuokalani giving her an audience.” (Hawaiian Gazette, December 24, 1901)

“When I visited the Islands first, in 1893, I went prejudiced in favour of the natives, deeply sympathising with them because they had been dispossessed of their lawful possessions.”

“A careful and conscientious study of the situation on the spot led me to change my views absolutely, and I perceived that whatever had been done had been done of necessity and with wisdom and forbearance.” (Krout)

Mary Hannah Krout was born on November 3, 1851 in Crawfordsville, Indiana, daughter of Robert Kennedy Krout and Caroline VanCleve Brown Krout. She was the oldest of eight children, and after their mother died early in Mary’s life, they were raised by their strict father.

Mary Hannah Krout traveled the world at a time when women stayed home and tended the hearth, but she always returned to her family on West College Street in Crawfordsville. (Turchin)

Mary became one of the leading feminists in Indiana, perhaps in reaction against the strict social structure that she and her other sisters were forced to follow by her father.

She was educated in Crawfordsville, first in subscription schools, then in Crawfordsville public schools. Like many women of her time, Mary Hannah chose teaching as a career and taught in the Crawfordsville schools for about a dozen years.

But her passion was for journalism, a field almost completely closed to women in the 1800s, except for occasional articles on homemaking and other feminine pursuits. First writing for area newspapers while she was still teaching, in 1879 she got a job on the Crawfordsville Journal and contributed to Indianapolis and Cincinnati papers.

On the Journal, besides reporting, she wrote a gossip column under the pseudonym “Heinrich Karl,” a lively, perhaps libelous account of Crawfordsville people and their activities, which was also sold to other papers.

In 1881 she became associate editor, and in 1882 was hired as editor by the Terre Haute Express. Long hours eventually forced a partial retirement during which she kept writing, but was unable to work at a job.

Krout’s career took a great leap forward in 1886 when she began a ten-year affiliation with the Chicago Inter-Ocean, presumably as a result of her position as a writer for the Chicago Interior.

The Inter-Ocean was a weekly paper delivered by mail via the transcontinental railroad across the country. For about forty years beginning in 1872, the paper was a definitive source of business news to subscribers throughout the American west. (Turchi)

That paper sent her to Hawaiʻi to cover the installation of the new provincial government. This led to her first book, Hawai‘i and a Revolution, in 1898, and later, two biographies of prominent Hawaiian women. In 1900, Alice’s Visit to the Hawaiian Islands (an ‘imaginary journey’ through the Islands) was published.

After an extended trip to New Zealand, Tasmania and Australia, “In 1895, Miss Krout was sent to London, where she remained nearly three years as staff correspondent of the Inter-Ocean … she saw London as few American women have ever seen it.”

“She was received not only be exclusive English nobility, but by artists, writers, musicians, men and women identified with the universities and worldwide philanthropic work.”

“In 1899, this noted correspondent went to China for a syndicate of newspapers, collecting data mainly relating to the commercial relations of that empire with the United States. “

“From Peking she made a journey into the interior with the wife of the Rev Mr Gamwell, one of the heroes of the siege of the British consulate. On this journey the two women, accompanied only by their native servants, penetrated the very fastnesses of the Boxer country, which was then even in a state of ferment.”

“When asked ‘if the demands of her profession had not overtaxed her strength,’ she replied: ‘On the contrary, I left the position of teacher a nervous wreck.”

“Engaged in a profession to which I felt myself adapted, and even the drudgery of which I loved, my physical condition steadily improved, until I am now in robust health, and good, I hope, for active duty for many years to come.’”

“Asked what she considered to be the chief essentials of good newspaper work, she said: ‘Energy in the doing, a knowledge of what is wanted, and accuracy – accuracy before all else, for, no matter how cleverly a statement may be put, one error invalidates the whole, and it is labor lost.’” (Hawaiian Gazette, December 24, 1901)

“She has an affection for Hawaii strengthened by several visits, and a great many residents here who know her personally are very anxious to make her present stay a permanent one.” (Hoosier State Chronicles, April 2, 1900)

“In my account of the political changes that have occurred, I have had occasion to criticise Mr. Cleveland and his personal representative, Mr. Blount, with some severity, and in defence of my statements I will merely say that much that I have written I saw; the rest is a matter of public knowledge”. (Krout, January 9, 1898)

It had been said, and truthfully, that the greatest influence of the 20th century would be the influence of educated women an influence which civilization had never yet felt.”

“The pupils of the Kamehameha Schools had been preparing themselves for the new duties which changed conditions ordained. The times had changed, and, in the highest and best sense, they were changing with them.” (Krout; Advertiser, October 20, 1907)

“The Hawaiian race had produced great women, who, in their natural qualifications, were equal to the greatest women rulers of Europe – Kapiʻolani, Kaʻahumanu, Kīnaʻu and Bernice Pauahi Bishop (Krout wrote a book, Memoirs of Hon. Bernice Pauahi Bishop.) There would be yet others, whose work and influence would be a blessing to the land and to the people.” (Krout; Advertiser, October 20, 1907)

She never married, but had no lack of suitors and never exhibited the appearance of the daring woman traveler she was. At the same time, she lectured whenever possible on women’s suffrage, in America, in England, in New Zealand, China and Hawai‘i. (Carnegie Museum)

Between 1898 and 1910, seven of her books were published. Krout died on May 27, 1927 at Crawfordsville, Indiana. (Lots of information here is from Carnegie Museum and Turchi.)

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Mary Hannah Krout

August 12, 2016 by Peter T Young 3 Comments

Annexation

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;) 5-Americans, 1-Englishman and 1-German (of the 13, none were missionaries and only 3 had missionary family ties.)

“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.”

“… 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.”

Then, “[a] so-called Committee of Safety, a group of professionals and businessmen, with the active assistance of John Stevens, the United States Minister to Hawaii, acting with the United States Armed Forces, replaced the [Hawaiian] monarchy with a provisional government.” (US Supreme Court; Hawaii v OHA, 2008)

On January 18, 1893, letters acknowledging (de facto) the Provisional Government were prepared by 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.

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.

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”.

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.”

Republic of Hawai‘i President Sanford Dole sent a delegation to Washington in 1894, seeking annexation to the US. John Sherman, US Secretary of State, prepared a report reviewing the negotiation between representatives of the Republic of Hawai‘i and the US, and provisions of the Treaty of Annexation. That report (June 15, 1897) noted, in part:

“The undersigned, Secretary of State, has the honor to lay before the President, for submission to the Senate, should it be deemed for the public interest so to do, a treaty, signed in the city of Washington on the 16th instant by the undersigned and by the fully empowered representative of the Republic of Hawaii …”

“… whereby the islands constituting the said Republic, and all their dependencies, are fully and absolutely ceded to the United States of America forever.”

“As time passed and the plan of union with the United States became an uncertain contingency, the organization of the Hawaiian Commonwealth underwent necessary changes; the temporary character of its first Government gave place to a permanent scheme under a constitution framed by the representatives of the electors of the islands …”

“… administration by an executive council not chosen by suffrage, but self-appointed, was succeeded by an elective and parliamentary regime, and the ability of the new Government to hold – as the Republic of Hawaii – an independent place in the family of sovereign States, preserving order at home and fulfilling international obligations abroad, has been put to the proof.”

“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 Hawaii 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 Hawaii 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.)

“Turning, then, to the various practical forms of political union, the several phases of a protectorate, an offensive and defensive alliance, and a national guarantee, were passed in review. In all of these the independence of the subordinate state is the distinguishing feature, and with it the assumption by the paramount state of responsibility without domain.”

“There remained, therefore, the annexation of the islands and their complete absorption into the political system of the United States as the only solution satisfying all the given conditions and promising permanency and mutual benefit. The present treaty has been framed on that basis”.

“As to most of these, the negotiators have been constrained and limited by the constitutional powers of the Government of the United States. As in previous instances when the United States has acquired territory by treaty, it has been necessary to reserve all the organic provisions for the action of Congress.”

“If this was requisite in the case of the transfer to the United States of a part of the domain of a titular sovereign, as in the cession of Louisiana by France, of Florida by Spain, or of Alaska by Russia, it is the more requisite when the act is not cession, but union, involving the complete incorporation of an alien sovereignty into the body politic of the United States.”

“For this the only precedent of our political history is found in the uncompleted treaty concluded during President Grant’s Administration, November 29, 1869, for the annexation of the Dominican Republic to the United States.”

“Following that example, the treaty now signed by the plenipotentiaries of the United States and the Republic of Hawaii reserves to the Congress of the United States the determination of all questions affecting the form of government of the annexed territory, the citizenship and elective franchise of its inhabitants, and the manner in which the laws of the United States are to be extended to the islands.”

“In order that this independence of the Congress shall be complete and unquestionable, and pursuant to the recognized doctrine of public law that treaties expire with the independent life of the contracting State, there has been introduced, out of abundant caution, an express proviso for the determination of all treaties heretofore concluded by Hawaii with foreign nations and the extension to the islands of the treaties of the United States.”

“This leaves Congress free to deal with such especial regulation of the contract labor system of the islands as circumstances may require. There being no general provision of existing statutes to prescribe the form of government for newly incorporated territory, it was necessary to stipulate, as in the Dominican precedent …”

“… for continuing the existing machinery of government and laws in the Hawaiian Islands until provision shall be made by law for the government, as a Territory of the United States, of the domain thus incorporated into the Union …”

“… but, having in view the peculiar status created in Hawaii by laws enacted in execution of treaties heretofore concluded between Hawaii and other countries, only such Hawaiian laws are thus provisionally continued as shall not be incompatible with the Constitution or the laws of the United States or with the provisions of this treaty.” (US Secretary of State Sherman, June 15, 1897)

Meanwhile, the breaking of diplomatic relations with Spain as a result of her treatment of Cuba so completely absorbed public attention that the matter of Hawaiian annexation seemed to have been forgotten.

The war drama moved swiftly. The destruction of the battleship Maine in Havana harbor precipitated matters, and on April 25, 1898, President McKinley signed the resolutions declaring that a state of war existed between the United States and Spain.

On May 5, 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.

“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”.

On August 12, 1898, there were ceremonial functions held in Honolulu at which the Hawaiian government was formally notified by the United States minister plenipotentiary and envoy extraordinary of the adoption and approval of the joint resolution aforesaid, and at which the Hawaiian government made, an unequivocal transfer and cession of its sovereignty and property. (Territorial Supreme Court; Albany Law Journal)

On June 27, 1959, when the matter of Statehood was put to a popular vote, Hawaiʻi registered voters voted on the question of Statehood (there was a 93.6% voter turnout for the General election – as compared to less than 50% today.)

Shall the following proposition, as set forth in Public Law 86-3 entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’ be adopted? 1. Shall Hawaii immediately be admitted into the Union as a State? – 94.3% voted in support.

While Hawaiʻi was the 50th State to be admitted into the union on August 21, 1959, Statehood is celebrated annually on the third Friday in August to commemorate the anniversary of the 1959 admission of Hawaiʻi into the Union.

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

June 27, 2016 by Peter T Young 1 Comment

Recognition

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) The Provisional Government was soon recognized by foreign states.

“The term ‘recognition,’ when used in the context of recognition of States and governments in international law, may have several different meanings. It may indicate the recognizing State’s willingness to enter into official relations with a new State or government, or manifest its opinion on the legal status of a new entity or authority, or both.”

“The subject has been complicated by the introduction of several variants of the term. Distinctions between ‘de facto recognition,’ ‘diplomatic recognition’ and ‘de jure recognition’ may be traced back to the secession of the Spanish provinces in South America in early 19th century.”

“Like ‘recognition,’ these terms can be given meaning only by establishing the intention of the authority using them within the factual and legal context of each case. Recognition is a unilateral act performed by the recognizing State’s government. It may be express or implicit.” (Talmon)

“In his Allgemeine Staatslehre (General Theory of the State), published in 1900, Georg Jellinek developed the doctrine of the three elements of statehood, according to which a State exists if a population, on a certain territory, is organized under an effective public authority.”

“Although some authors have criticized this definition as treating the State as a purely factual phenomenon, it is still the definition most commonly found in State practice.”

“There are usually two requirements regarding the element of ‘public authority:’ internally, it must exercise the highest authority, that is, it must possess the power to determine the constitution of the State (internal sovereignty) …”

“… externally, it must be independent of other States (external sovereignty). Independence of other States refers to legal, not factual, independence; that is, the State must only be subject to international law, not to the laws of any other State.”

“When a State recognizes a new ‘government,’ it usually acknowledges a person or group of persons as competent to act as the organ of the State and to represent it in its international relations. The only criterion in international law for the recognition of an authority as the government of a State is its exercise of effective control over the State’s territory.” (Talmon)

The Hawaiian Kingdom became recognized through statements and treaties with Austria-Hungary (June 18, 1875), now Austria and Hungary; Belgium (October 4, 1862); Bremen (March 27, 1854) now Germany; Denmark (Oct. 19, 1846); France (September 8, 1858); French Tahiti (November 24, 1853); Germany (March 25, 1879); Great Britain (March 26, 1846); Great Britain’s New South Wales (March 10, 1874), now Australia …

… Hamburg (January 8, 1848), now Germany; Italy (July 22, 1863); Japan (Aug. 19, 1871, January 28, 1886); Netherlands (October 16, 1862); Portugal (May 5, 1882); Russia (June 19, 1869); Samoa (March 20, 1887); Spain (October 9, 1863); Sweden and Norway (April 5, 1855), now separate States; Switzerland (July 20, 1864); and the United States of America (December 20, 1849.) (Sai)

Then came the overthrow of the constitutional monarchy in 1893. 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.

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.

With respect to transformation of the State status in Hawai‘i, the Provisional Government of Hawai‘i then established voter eligibility, 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.

An August 7, 1894 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”.

Republic of Hawai‘i President Sanford Dole sent a delegation to Washington in 1894, seeking annexation to the US. Regarding the annexation discussions, US Secretary of State John Sherman noted …

“(T)he plan of union with the United States became an uncertain contingency, the organization of the Hawaiian Commonwealth underwent necessary changes; the temporary character of its first (Provisional) Government gave place to a permanent scheme (Republic) under a constitution framed by the representatives of the electors of the islands …”

“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”. (US Secretary of State Sherman, June 15, 1897)

On August 12, 1898, there were ceremonial functions held in Honolulu at which the Hawaiian government was formally notified by the US minister plenipotentiary and envoy extraordinary of the adoption and approval of the joint resolution aforesaid, and at which the Hawaiian government made, an unequivocal transfer and cession of its sovereignty and property. (Territorial Supreme Court; Albany Law Journal)

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