Recognition

January 25, 2018 by Peter T Young Leave a Comment

Insult Put Upon Ha‘alilio

“In the month of April 1842, (Haʻalilio) was appointed a joint Commissioner with Mr. (William) Richards (and Sir George Simpson) to the Courts of the USA, England and France.” (He and Richards sailed from Lāhainā, July 18, 1842, and arrived in Washington on the fifth of December.) (Polynesian, March 29, 1845)

While on the continent, a newspaper noted a note Haʻalilio passed to a friend: “We are happy that our Christian friends have so much reason to congratulate us on our success in the prosecution of our official business at Washington.”

“May the cause of righteousness and of liberty, and the cause of Christ every where be prospered. (Signed) T. Haalilio, William Richards.” Boston Harbor, Feb. 2. (The Middlebury People’s Press, Vermont, February 15, 1843)

“The Sandwich Island chief, Ha‘alilio, now on a visit to this part of our country, in company with Rev. Mr Richards, has been treated with attention by many of our citizens, and has made a very favorable impression by his general appearance and address.”

“He speaks English tolerably well, is a great of men and things, and observer evidently possesses a cultivated mind. On Tuesday he will proceed to New York with Mr. Richards, and will return to this city on the following week, with the intention of proceeding to Liverpool in the steam packet of the 4th of February.”

“He has taken up his residence, for the present, with James Hunnewell of Charlestown. From Europe he will return to this country previous to taking his departure for the Sandwich Islands. (New York Herald, January 25, 1843)
But all was not smooth during Ha‘alilo and Richard’s US visit …

“The Hampshire Gazette gives the following account of an insult put upon Ha‘alilio, the Ambassador from the King of the Sandwich Islands:”

“Last Wednesday morning Rev. Mr Richards and the chief look passage in the steamer Globe, at New York, for New Haven.” (New York Herald, January 26, 1843)

“‘Before they sat down to breakfast Mr. Richards went to the office window to procure two tickets for breakfast.’” (Pauahi; Kanahele)

“On applying for breakfast tickets, the clerk offered Mr. Richards one for himself, and a half one [admitting to the second table] for his servant.” (New York Herald, January 26, 1843)

“(Richards) returned the half ticket and requested two. The man told to give the half to Ha‘alilio (his servant).” (Pauahi; Kanahele)

“Mr. R. informed him that the so called servant was a Island chief, and an ambassador to the United States, and had been so accredited at Washington.”

“The clerk replied that this made no difference; if the man breakfasted at all, he must do so with the servants.”

“In a mild way Mr. R. appealed to Capt Stone, and he fully justified the decision of the clerk. The result was, that Mr. Richards was either obliged to separate from his friend, or to share with him the degradation.”

“(Richards) chose the latter course, and both of them took breakfast with the blacks and other servants of the boat.” (New York Herald, January 26, 1843)

“Some newspapers are trouncing the Captain and Clerk of the steamboat Globe for refusing a seat at their breakfast table to Ha‘alilio, Embassador from the King of the Hawaaian or Sandwich Islands to this Government – the said Envoy laboring under the original sin of being copper-colored.”

“Of course, the steamboat men were wrong – but was it indeed their fault, or that of a diseased public opinion – a ridiculous and disgraceful popular prejudice?”

“Suppose this Ha‘alilio had been a mulatto native of the United States – a free voter and ‘sovereign’ of this Country – the son, for instance, of our late Vice President …”

“… these same papers would probably have abused the Captain if he had given him a seat at the common table, and even stigmatized the passengers for consenting to eat with him!”

“And why is not a cleanly and well-bred American freeman as good as a Sandwich Island dignitary? – There is no Country on earth where Social Aristocracy is more exclusive and absurd than here …”

“… and the less manhood a person has the more he plumes himself on his external and factitious advantages over some one whom he tries hard to look down upon.” (New York Daily Tribune, January 28, 1843)

On February 18, 1843, they arrived in London and within six weeks “after accomplishing the object of his embassy to England, he proceeded to France, where he was received in the same manner as in England, and … “

“… succeeded in obtaining from the French Government, not only a recognition of independence, but also a mutual guarantee from England and France that that independence should be respected. (Similar responses were made from Belgium.)” (Polynesian, March 29, 1845)

After fifteen months in Europe, they returned to the US and prepared to return to the Islands.

“On his arrival in the western part of Massachusetts, (Ha‘alilio) was attacked by a severe cold, brought on by inclemencies of the weather, followed by a change in the thermometer of about sixty degrees in twenty-four hours. Here was probably laid the foundation of that disease by which his short but eventful life has been so afflictingly closed.” (Polynesian, March 29, 1845)

“On Sabbath evening, just before his death, he said; ‘This is the happiest day of my life. My work is done. I am ready to go.’ Then he prayed; ‘O, my Father, thou hast not granted my desire to see once more the land of my birth, and my friends that dwell there; but I entreat Thee refuse not my petition to see thy kingdom, and my friends who are dwelling with Thee.’” (Anderson)

Timothy Haʻalilio died at sea December 3, 1844 from tuberculosis. He was 36 years old.

“Great hopes had been entertained both among Hawaiians and foreigners, of the good results that would ensue to the kingdom from the addition of its councils of one of so intelligent a mind, stores as it was with the fruits of observant travel, and the advantages derived from long and familiar intercourse in the best circles of Europe and the United States. … (Upon news of his death) every attention affection or sympathy could suggest was afforded the deceased.” (Polynesian, March 29, 1845)

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December 14, 2017 by Peter T Young 2 Comments

Seeking Recognition

In 1842, the delegation of Ha‘alilio, William Richards and Sir George Simpson traveled to the US, France and Britain seeking recognition and diplomatic ties for Hawai‘i.

On December 14, 1842, Ha‘alilio and Richards delivered a letter to Daniel Webster, US Secretary of State, explaining the changes Hawai‘i had undergone and reasons for recognition of the Islands. The following is the content of that letter.

“Sir: The undersigned having been duly commissioned by His Majesty Kamehameha III, King of all the Hawaiian Islands, to represent his Government and promote its interests in the United States, wish to call the attention of your Government to the existing relations between the two countries.”

“In the year 1826 articles of agreement, in the form of a treaty, were entered into between His Majesty’s Government and Thomas ap Catesby Jones, commanding the United States sloop of war Peacock.”

“His Majesty has never received any notice of that treaty’s being ratified, nor intimation that it was approved by the Government of the United States. His Majesty has, nevertheless, during the last sixteen years, governed himself by the regulations of that treaty in all his intercourse with citizens of the United States.”

“Subsequently to the above similar forms of agreement have been entered into between His Majesty and officers commanding vessels of war of different nations of Europe; but, so far as is known to the undersigned, those agreements have never received the sanction of their several Governments.”

“These facts, viewed in connection with their attendant circumstances, have led His Majesty to feel considerable embarrassment in managing his foreign relations, and have awakened the very strong desire that his Kingdom shall be formally acknowledged by the civilized nations of the world as a sovereign and independent State.”

“His Majesty considers that this acknowledgment has already been tacitly but virtually made, both in the United States and Europe, by the appointment of consuls and commercial agents to reside in his dominions and by the formal manner in which the commanders of national vessels have transacted business with him, many of whom have professedly acted under the express instructions of their several Governments.”

“But he is nevertheless of opinion that the time has now arrived when both the interests and the honor of his Kingdom demand a more formal acknowledgment than has hitherto been made by any foreign government.”

“It is His Majesty’s request that the Government of the United States will take into consideration the nature, extent, and the rapidity of those changes which have taken place in his dominions during the last few years – changes which he has the happiness to believe are honorable both to his Government and to the people over whom it rules.”

“Twenty-three years ago the nation had no written language, and no character in which to write it. The language had never been systematized nor reduced to any kind of form. The people had no acquaintance with Christianity, nor with the valuable institutions or usages of civilized life.”

“The nation had no fixed form or regulations of Government, except as they were dictated by those who were in authority, or might by any means acquire power. The right of property was not acknowledged, and was therefore but partially enjoyed.

“There were no courts of justice, and the will of the chieftains was absolute. The property of foreigners had no protection, except in the kind disposition of individuals.”

“But, under the fostering influence, patronage, and care of his Majesty, and that of his predecessors, the language has been reduced to visible and systematized form, and is now written by a large and respectable proportion of the people.”

“Schools have been established throughout his dominions, and are supported principally by the Government; and there are but few, among the younger people who are unable to read.”

“They have now in their own language a library, embracing a considerable variety of books, on a variety of subjects, including the Holy Scriptures, works on natural history, civil history, church history, geography, political economy, mathematics, and statute law; besides a number of elementary books.”

“A regular monarchical Government has been organized, of a limited and representative character, a translation of the constitution of which we herewith transmit. A code of laws, both civil and criminal, has been enacted and published.”

“The legislature holds an annual meeting, for the purpose of adding to and amending this code. Courts of justice have been established and regular trials by jury required in all important cases.”

“Foreigners of different nations have testified their confidence in these courts by bringing suits in cases where many thousands of dollars’ worth of property was involved, and that, too, in cases when, with but very short delay, they could have been carried before the courts of other countries.”

“It has, moreover, been the uniform practice of consuls and commercial agents, resident in His Majesty’s dominions, and also of all commanders of national vessels visiting those dominions, to demand all that protection, both of persons and property, which is demanded of sovereign and independent States, and this His Majesty believes has been duly and efficiently extended.”

“While, therefore, all is demanded of his Government, and all is rendered by it which is demanded of or rendered by the governments of sovereign and independent states, he feels that he has a right to expect his state to be acknowledged as such and thus be formally received into the general compact of sovereign nations.”

“In the request which His Majesty hereby makes to the Government of the United States, he has of course for his direct object the promotion of the interest of his own Kingdom, but he is also very fully convinced that the important interests of all the great commercial nations will also be materially subserved by his dominions remaining, as they have hitherto been, independent.”

“Their position is such that they constitute the great center of the whale fishery for most of the world. They are on the principal line of communication between the western continent of America and the eastern continent of Asia; and such are the prevailing winds on that ocean that all vessels requiring repairs or supplies …”

“… either of provisions or of water, naturally touch at those islands, whether the vessels sail from Columbia River on the north, or from the far distant ports of Mexico, Central America, or Peru, upon the south …”

“… and it should be further added, that there is no other place in all that part of the Pacific Ocean where repairs of vessels can be made to so good an advantage, or supplies be obtained in such abundance, and on so favorable terms.”

“His Majesty wishes also to remind the Government of the United States that the amount of property belonging to their citizens, which is either landed at or enters the various harbors or roadsteads of his dominions, and is consequently more or less dependent on the protection of his Government, can not be less than from five to seven millions of dollars annually.”

“This property lies in some 90 or 100 whaling ships and their cargoes, and in some 12 or 15 merchant vessels, besides also a considerable amount of other property belonging to American citizens on shore.”

“At some seasons there have been not less than three or four millions of dollars worth of American property, and some 1,400 American citizens at the same time, at the various ports of the islands, requiring constantly, in some degree, the protection of His Majesty …”

“… and he has the happiness of believing that efficient and satisfactory aid has always been extended to those who have required it.”

“In evidence corroborative of many of the facts herein stated, the undersigned do not hesitate to refer to documentary evidence, which they believe must be among the papers in your Department of State, recently furnished by masters of national vessels, but more especially by the United States commercial agent at Honolulu.”

“His Majesty is also desirous that there should be a definite arrangement for the settlement of any future difficulties which may unhappily arise and which, between sovereign and independent nations, would ordinarily be the subject of diplomatic correspondence.”

“To carry into effect these desirable objects the undersigned are authorized by His Majesty Kamehameha III to enter into negotiation with the authorities of the United States, by convention, treaty, or otherwise …”

“… whenever the latter shall acknowledge the sovereignty of the former; and as evidence that the undersigned are thus authorized, they are prepared to present official papers from His Majesty whenever the way is open for them to be received.”

“The undersigned will further state that they are directed to proceed from the United States to Europe for the purpose of obtaining from some of the principal governments there the same acknowledgments which it is the object of this letter to obtain from the Government of the United States.”

“Accept, sir, the assurances of the high consideration with which the undersigned have the honor to be your obedient servants,
Timoteo Haalilio, William Richards”

Webster replied December 19, 1842, stating, in part, “Gentlemen: I have received the letter which you did me the honor to address to me, under date of the 14th instant, stating that you had been commissioned to represent in the United States the Government of the Hawaiian Islands …”

“… inviting the attention of this Government to the relations between the two countries, and intimating a desire for a recognition of the Hawaiian Government by that of the United States. Your communication has been laid before the President, and by him considered.”

“The United States have regarded the existing authorities in the Sandwich Islands as a Government suited to the condition of the people, and resting on their own choice; and the President is of opinion that the interests of all the commercial nations require that that Government should not be interfered with by foreign powers.”

“The United States, therefore, are more interested in the fate of the islands, and of their Government, than any other nation can be; and this consideration induces the President to be quite willing to declare, as the sense of the Government of the United States …”

“… that the Government of the Sandwich Islands ought to be respected; that no power ought either to take possession of the islands as a conquest, or for the purpose of colonization, and that no power ought to seek for any undue control over the existing Government, or any exclusive privileges or preferences in matters of commerce.”

“Entertaining these sentiments, the President does not see any present necessity for the negotiation of a formal treaty, or the appointment or reception of diplomatic characters. A consul or agent from this Government will continue to reside in the islands.” (Webster to Ha‘alilo and Richards, December 19, 1842) (More on all this, later.)

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June 27, 2016 by Peter T Young 1 Comment

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.

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 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. 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 …”

“… 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 Hawai‘i approaches the United States as an equal”. (US Secretary of State Sherman, June 15, 1897)

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.

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)

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.

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