United States | Page 2 | Images of Old Hawaiʻi

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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August 19, 2017 by Peter T Young Leave a Comment

Glen Rock NJ and Hawaii as 49th State

Glen Rock, N.J., July 6, 1948 (By Wireless) – Hawaii as the coming 49th state was the theme Monday of Glen Rock’s lively and colorful Independence Day pageant and celebration.

This pleasant New Jersey town turned out thousands of residents to see the ceremony and enjoy a big family carnival.

Thousands more motored from nearby towns and villages. Two featured speakers talked about the mid-Pacific territory and statehood.

They were Robert L. Ripley, famed Believe It or Not cartoonist and a recent Honolulu visitor; and Riley H. Allen, editor of the Honolulu Star-Bulletin.

They were present as guests of Glen Rock’s active and energetic Independence Day association. This was the 10th annual pageant staged by the association, and its largest to date.

Hawaiian Music

Charles E. King, noted Hawaii song writer, now a resident of New York, brought down a troupe of Hawaiians from the big city, decorated a truck and he and his troupe stole the show so far as attention in the parade was concerned.

Queen of the visiting troupe was comely Lokelani Putnam. Another Hawaiian was Johnny Kaonohi Pineapple, star of the Johnny Pineapple radio show and a World War II veteran who came back from Germany with medals and honors. He, too, lives in New York.

It was through the efforts of Charles King with the local committee that authentic Hawaiian pageantry was added to the moving tableaus that included Revolutionary War scenes and pantomimes.

All this Hawaiian atmosphere for Glen Rock’s annual patriotic pageant started when John Brogan, foreign manager for King Features Sydnicate, was in Hawaii a few months ago. He liked the islands, and became an enthusiastic supporter of statehood.

He boosted Hawaii

Returning to New York, he talked Hawaii and statehood emphatically. He lives near Glen Rock and talked about Hawaii to Charles F. (Chuck) Buhlman, president of the Independence Day association.

He wrote to Editor Allen about the celebration and the editor wrote to his longtime friend, Charlie King, in New York. And then Mr. King began his preparations to put Hawaii on the pageant map of New Jersey.

While the Honolulu editor was attending a party given for him in New York by Mr. Ripley, the invitation came from Glen Rock for both to take part in the Glen Rock celebration.

So Mr. Ripley drove Mr. Allen over from New York early Monday, both wearing leis, and they were in the speakers’ stand with Chairman Buhlman, Mayor Frederick A. Demarest and the other officials and guests.

The parade, in several well organized sections, passed on three sides of the spacious grounds of Glen Rock’s Central school, and the carnival was staged on the grounds.

8,000 attend

An estimated 8,000 persons attended. There was a “Hawaiian Hut” and many other attractions.

The annual pageant and carnival is self-supporting. It’s a big family affair. The women and girls of the borough contribute much of the materials and most of the labor is volunteer.
Borough Mayor Demarest is vice president of the Biddle Purchasing Co., 280 Broadway, New York. He told Mr. Allen that his firm does a lot of business with Lewers & Cooke and Davies & Co.

Several young men of Glen Rock who served in Hawaii during World War II introduced themselves. They said they’d like to go back to the islands.

Bob Ripley was a big attraction during their brief stay at Glen Rock. Hundreds recognized him. Youngsters swarmed around him or autographs, which he gave with unvarying patience and courtesy.

Incidentally ‘Rip’ likes Hawaii so much he hopes to go out for a longer stay than his one-day stops when, aboard the President Cleveland, he went to the Orient and returned, earlier this year. (All here from Honolulu Star-Bulletin July 6, 1948.)

Glen Rock was settled around a large glacial boulder in a small valley (glen), from which it gets its name. (A plaque was added in 1921 honoring Glen Rock’s WWI veterans and casualties.)

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November 3, 2016 by Peter T Young Leave a Comment

Early Recognition of Importance of Hawai‘i to US Trade

“The importance of the Sandwich Islands to the commerce of the United States, which visits these seas, is, perhaps, more than has been estimated by individuals, or our government been made acquainted with.”

“To our whale fishery on the coast of Japan they are indispensably necessary: hither those employed in this business repair in the months of April and May, to recruit their crews, refresh and adjust their ships; they then proceed to Japan, and return in the months of October and November.”

“It is necessary that these ships, after their cruise on Japan, should return to the nearest port; in consequence, a large majority resort to these islands, certain here to obtain any thing of which they may be in want.”

“A small proportion, however, of these vessels have proceeded for supplies and refreshments, in the fall, to the ports on the coast of California …”

“… but as the government of Mexico have now imposed a duty of two dollars and one eighth, per ton, on every ship that shall anchor within their waters, whether in distress or otherwise, this will, of course, prevent our whale ships from visiting that coast; and the Sandwich Islands will then remain as the only resort for them, after their cruise on the coast of Japan.”

Of the ships that visited the islands, all but a small fraction were American. “The commerce of the United States, which resorts to the Sandwich islands, may be classed under five heads, viz.:”

“First, Those vessels which trade direct from the United States to these islands, for sandal-wood, and from hence to China and Manilla, and return to America.” (Annually, the number may be estimated at six.)

“Second, Those vessels which are bound to the north-west coast, on trading voyages for furs, and touch here on their outward-bound passage, generally winter at these islands, and always stop on their return to the United States, by the way of China.” (The number may be estimated at five.)

“Third, Those vessels which, on their passage from Chili, Peru, Mexico, or California, to China, Manilla, or the East Indies, stop at these islands for refreshments or repairs, to obtain freight, or dispose of what small cargoes they may have left.” (The number may be estimated at eight.)

“Fourth, Those vessels which are owned by Americans resident at these islands, and employed by them in trading to the northwest coast, to California and Mexico, to Canton and Manilla.” (The number may be estimated at six.)

“Fifth, Those vessels which are employed in the whale-fishery on the coast of Japan, which visit semi-annually.” (The number may be estimated at one hundred.).” (John Coffin Jones Jr, US Consulate, Sandwich Islands, October 30th, 1829)

“When we reflect that, only a few years since, the Sandwich Islands were not known to exist, when but lately they were visited only by a few ships bound to the north-west coast of America …”

“… and these merely stopping to purchase a few yams or potatoes, and that now there annually come to this remote corner of the globe forty thousand tons of American shipping, with the sure prospect that in no long protracted period this number will double …”

“… we are led to conclude, that the Sandwich Islands will yet be immensely more important, to the commerce of the United States which visits these seas, than they have been.”

“The annual, if not semi-annual, visit of one of our ships of war to these islands, is conceived to be necessary; and would, no doubt, be attended with the best advantages, affording to our commerce, in these seas, protection, assistance, and security.”

“For this station, a sloop of war would be sufficient for every purpose required; and, if so arranged as to visit these islands in the months of March, April, and May, and again in October and November …”

“… every desired object would then be effected, and the result be, that our merchantmen, and whalers would come to the islands with perfect security; their tarry here made safe, and many abuses and inconveniences with which they are now shackled, would be done away.”

“The very knowledge that a ship of war would semi-annually be at the Sandwich Islands, would be of infinite service to our commerce in general, which enters the waters of the North Pacific ocean.”

“Since my residence on these islands, as an officer of government, I have repeatedly, in the discharge of my official duties, felt the want of protection and aid from the power of my government.”

“I have been compelled to see the guilty escape with impunity; the innocent suffer without a cause; the interests of my countrymen abused; vessels compelled to abandon the object of their voyage, in consequence of desertion and mutiny …”

“… and men, who might be made useful to society, suffered to prowl amongst the different islands, a disgrace to themselves and their country, and an injury to others, whom they are corrupting, and encouraging to do wrong.”

“I would suggest … the propriety of recommending to our government that a ship of war be detached for the protection of American commerce in these waters, that she be required annually to visit the Society and Marquesas Islands, and, semi-annually, the Sandwich Islands …’

“… that in the intermediate periods when she might not be employed at such islands, it shall be required that she visit the ports of California and Mexico, to afford protection to our commerce and citizens in that quarter, where they have for a long time been suffering under the abuses of an ill-regulated government.” (John Coffin Jones Jr, US Consulate, Sandwich Islands, October 30th, 1829)

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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.”

“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)

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.”

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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July 7, 2016 by Peter T Young Leave a Comment

Annexation Into US – Is A Treaty Required?

“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.”

“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)

“In the Legal Tender Cases, Mr. Justice Strong, speaking for the majority of the court, said that the adoption of the first ten amendments indicated that in the judgment of those who adopted the Constitution there were powers created by it not specified nor deducible from, or ancillary to, any one specified power ‘but which grew out of the aggregate of powers conferred upon the government, or out of the sovereignty instituted.’”

“Mr. Justice Bradley in a concurring opinion characterized the United States as ‘a national government and the only government in this country having the character of nationality,’ and added:”

“Such being the character of the General government, it seems to be a self-evident proposition that it is invested with all those inherent and implied powers which, at the time of adopting the Constitution, were generally considered to belong to every government as such, and as being essential to the exercise of its functions.” (George Sutherland, Constitutional Power and World Affairs (1919))

“The power of congress to acquire new territory, either by conquest, purchase, or annexation, was much debated at the time of the acquisition of Louisiana from France, in 1803, and in a less degree in connection with the purchase of Florida and of Alaska.”

“It has now come to be recognized and established, rather by precedent and the general acquiescence of the people, than by any strict constitutional justification. In fact, the power cannot be derived from any narrow or technical interpretation of the constitution.”

“But it is necessary to recognize the fact that there is in this country a national sovereignty. That being conceded, it easily follows that the right to acquire territory is incidental to this sovereignty. It is, in effect, a resulting power, growing necessarily out of the aggregate of powers delegated to the national government by the constitution.” (Handbook of American Constitutional Law)

“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)

“We have acquired much territory under treaty provisions and by conquest, and in such case the acquisition may be regarded as incidental to the powers mentioned …”

“… but we have also acquired territory by original discovery and appropriation alone. Such is the fact with reference to a large portion of Oregon; and such is peculiarly the fact with reference to certain small islands of the sea— the so-called Guano Islands.” (George Sutherland, Constitutional Power and World Affairs (1919))

“An act of congress passed in 1856, declared that guano islands taken into possession and occupation by American citizens, might be declared by the President to be ‘appertaining to the United States.’” (Handbook of American Constitutional Law)

“An act of Congress provides for the acquisition by Executive proclamation of any islands valuable for their deposits of guano, discovered by citizens of the United States and not, at the time of discovery, occupied or possessed by any other government or its citizens.” (George Sutherland, Constitutional Power and World Affairs (1919))

“In regard to this statute, the supreme court has recently declared that ‘by the law of nations, recognized by all civilized states, dominion of new territory may be acquired by discovery and occupation, as well as by cession or conquest …”

“‘… and when citizens or subjects of one nation, in its name, and by its authority or assent, take and hold actual, continuous, and useful possession (although only for the purpose of carrying on a particular business, such as catching and curing fish, or working mines) of territory unoccupied by any other government or its citizens …’”

“‘… the nation to which they belong may exercise such jurisdiction and for such period as it sees fit over territory so acquired. This principle affords ample warrant for the legislation of congress concerning guano islands.’” (Handbook of American Constitutional Law)

In 1811, another annexation of foreign territory (West Florida) resulted from a Presidential Proclamation followed by an act of Congress (House and Senate participation.)

The Supreme Court, in speaking of the power of Congress to establish the Territorial Government in Florida until it should become a state, declared, “In the mean time, Florida continues to be a territory of the United States …”

“… governed by virtue of that clause in the Constitution, which empowers Congress ‘to make all needful rules and regulations, respecting the territory, or other property belonging to the United States.’”

“Perhaps the power of governing a territory belonging to the United States, which has not, by becoming a state acquired the means of self-government, may result necessarily from the facts, that it is not within the jurisdiction of any particular state, and is within the power and jurisdiction of the United States.”

“The right to govern, may be the inevitable consequence of the right to acquire territory. Whichever may be the source whence the power is derived, the possession of it is unquestioned.” (Canter Decision – Decision also cited in Dred Scott Decision)

Then, in Hawai‘i, “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.’ ‘That government sought annexation by the United States’ (Newlands Resolution).” (US Supreme Court)

“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….”

“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)

On May 5, 1898, 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.

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