Territory of Hawaii | Images of Old Hawaiʻi

March 14, 2017 by Peter T Young Leave a Comment

Timeline Tuesday … 1900s

Today’s ‘Timeline Tuesday’ takes us through the 1900s – Young Brothers formed, Moana Hotel opens, Dole organizes Hawaiian Pineapple Company and UH starts. We look at what was happening in Hawai‘i during this time period and what else was happening around the rest of the world.

A Comparative Timeline illustrates the events with images and short phrases. This helps us to get a better context on what was happening in Hawai‘i versus the rest of the world. I prepared these a few years ago for a planning project. (Ultimately, they never got used for the project, but I thought they might be on interest to others.)

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August 21, 2016 by Peter T Young Leave a Comment

Statehood

“Hawai‘i is America in a microcosm – a melting pot of many racial and national origins, from which has been produced a common nationality, a common patriotism, a common faith in freedom and in the institutions of America.” (Senator Herbert
Lehman; GPO)

On June 27, 1959, Hawaiʻi registered voters voted on three propositions related to Statehood:

Shall the following propositions, 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?
Yes – 132,773 (94.3%)
No – 7,971 (5.7%)

2. The boundaries of the State of Hawaii shall be as prescribed in the Act of Congress approved March 18, 1959, and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States.
Yes – 132,194 (94.5%)
No – 7,654 (5.5%)

3. All provisions of the Act of Congress approved March 18, 1959, reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented by said State and its people.
Yes – 132,281 (94.6%)
No – 7,582 (5.4%)

(There was a 93.6% voter turnout for the General election – as compared to generally less than 50% in recent times – total turnout for the 2016 primary election was only 34.8% (a new low.))

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.

Contrary to comments by some, the Crown and Government lands were not ‘stolen’ from the people with Territorial status, Statehood or any other change in governance. Those lands have been consistently recognized as part of the public domain or government property, as decided by the Hawai‘i Supreme Court.

That court noted, “In 1840 (Kamehameha III) granted the first Constitution by which he declared and established the equality before the law of all his subjects, chiefs, and people alike.”

“By that Constitution, he voluntarily divested himself of some of his powers and attributes as an absolute Ruler, and conferred certain political rights upon his subjects, admitting them to a share with himself in legislation and government. This was the beginning of a government as contradistinguished from the person of the King …”

“… who was thenceforth to be regarded rather as the executive chief and political head of the nation than its absolute governor. Certain kinds of public property began to be recognized as Government property, and not as the King’s.”

The Court noted, “These lands are to be in the perpetual keeping of the Legislative Council (Nobles and Representatives) or in that of the superintendents of said lands, appointed by them from time to time …”

“… and shall be regulated, leased, or sold, in accordance with the will of said Nobles and Representatives, for the good of the Hawaiian Government, and to promote the dignity of the Hawaiian Crown.”

The Court found, “while it was clearly the intention of Kamehameha III to protect the lands which he reserved to himself out of the domain which had been acquired by his family through the prowess and skill of his father, the conqueror, from the danger of being treated as public domain or Government property …”

“… it was also his intention to provide that those lands should descend to his heirs and successors, the future wearers of the crown which the conquerer had won; and we understand the act of 7th June, 1848, as having secured both those objects.” (Supreme Court Decision in the Matter of the Estate of Kamehameha IV, 1864)

Following the overthrow, these lands remained for public benefit when they were transferred through changing governments and governance to the Provisional Government, Republic, Territory and State.

This was affirmed by the US Court of Claims noting, “The constitution of the Republic of Hawai‘i, as respects the crown lands, provided as follows: ‘That portion of the public domain heretofore known as crown land is hereby declared to have been heretofore, and now to be, the property of the Hawaiian Government …” (Lili‘uokalani v The United States, 1910)

Beneficiaries of these lands have also not changed – those lands remain part of the public trust for the benefit of Hawai‘i citizens. The government and governance of the Kingdom through Statehood has not been, nor are they now, based on race. People of many races have been and continue to be citizens.

Under the Admission Act, about 1.2-million acres are to “be held by (the) State as a public trust” to promote one or more of five purposes:
1. support of the public schools and other public educational institutions
2. betterment of the conditions of native Hawaiians (per the Hawaiian Homes Act, 1920)
3. development of farm and home ownership on as widespread a basis as possible
4. making of public improvements
5. provision of lands for public use

So, as Statehood is celebrated in the Islands, the lands that were in the public domain over the changing levels and entities of government and governance continue to be held in public trust, for all citizens (just as in the times of the constitutional monarchy.)

“Today, one of the deepest needs of mankind is the need to feel a sense of kinship one with another. Truly all mankind belongs together; from the beginning all mankind has been called into being, nourished, watched over by the love of God.”

“So that the real Golden Rule is Aloha. This is the way of life we shall affirm.”

“Let us affirm ever what we really are – for Aloha is the spirit of God at work in you and in me and in the world, uniting what is separated, overcoming darkness and death, bringing new light and life to all who sit in the darkness of fear, guiding the feet of mankind into the way of peace.”

“Thus may our becoming a State mean to our nation and the world, and may it reaffirm that which was planted in us one hundred and thirty-nine years ago: ‘Fear not, for behold I bring you good tidings of great joy, which shall be to all people.’” (Reverend Abraham K Akaka; Given on: Friday, March 13, 1959)

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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.

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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