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The legal status of Hawaii is an evolving legal matter as it pertains to United States law. The US Federal law was amended in 1993 with the
Apology Resolution United States Public Law 103-150, informally known as the Apology Resolution, is a Joint Resolution of the U.S. Congress adopted in 1993 that "acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of age ...
which "acknowledges that the
overthrow of the Kingdom of Hawaii The overthrow of the Hawaiian Kingdom was a ''coup d'état'' against Queen Liliʻuokalani, which took place on January 17, 1893, on the island of Oahu and led by the Committee of Safety, composed of seven foreign residents and six non-abori ...
occurred with the active participation of agents and citizens of the United States and further acknowledges that the
Native Hawaiian people Native Hawaiians (also known as Indigenous Hawaiians, Kānaka Maoli, Aboriginal Hawaiians, First Hawaiians, or simply Hawaiians) ( haw, kānaka, , , and ), are the indigenous ethnic group of Polynesian people of the Hawaiian Islands. Hawai ...
never directly relinquished to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
their claims to their inherent sovereignty as a people over their national lands". Recent legal action includes the dismissal of Hawaiian Kingdom v. Biden, et al on December 14, 2022. . Hawaii is internationally recognized as a
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
of the
United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
. Sovereignty advocates argue that Hawaii is an independent nation under
military occupation Military occupation, also known as belligerent occupation or simply occupation, is the effective military control by a ruling power over a territory that is outside of that power's sovereign territory.Eyāl Benveniśtî. The international law ...
due to the fact that there is no treaty of annexation between the Hawaiian Kingdom and the United States. The legality of control of Hawaii by the United States has also been raised in the losing side in cases in the U.S. Supreme Court, and in U.S. District Court.


Background

The islands that people know of today as Hawaii were settled by Polynesian explorers some time around 1150-1250 AD. The inhabitants are referred to as kānaka maoli. After 1778, and the arrival of James Cook, populations levels changed drastically and eventually the islands would be unified in 1795 under the leadership of
Kamehameha I Kamehameha I (; Kalani Paiea Wohi o Kaleikini Kealiikui Kamehameha o Iolani i Kaiwikapu kaui Ka Liholiho Kūnuiākea;  – May 8 or 14, 1819), also known as Kamehameha the Great, was the conqueror and first ruler of the Kingdom of Hawaii. Th ...
. Within one hundred years of the founding of the
kingdom Kingdom commonly refers to: * A monarchy ruled by a king or queen * Kingdom (biology), a category in biological taxonomy Kingdom may also refer to: Arts and media Television * ''Kingdom'' (British TV series), a 2007 British television drama s ...
, American political and religious influence would erode the powers of the Polynesian monarchs and eventually overthrow the kingdom on January 17, 1893.


1893 U.S. presidential (Blount) investigation

A
provisional government A provisional government, also called an interim government, an emergency government, or a transitional government, is an emergency governmental authority set up to manage a political transition generally in the cases of a newly formed state or ...
was established which favored annexation. U.S. President
Grover Cleveland Stephen Grover Cleveland (March 18, 1837June 24, 1908) was an American lawyer and politician who served as the 22nd and 24th president of the United States from 1885 to 1889 and from 1893 to 1897. Cleveland is the only president in American ...
rejected the provisional government for the illegal overthrow of a sovereign nation and demanded the restoration of Queen Liliʻuokalani to her rightful place as ruler of the Kingdom of Hawaii. The new government refused and the Republic of Hawaii was declared instead. Cleveland sent
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
Congressman James Henderson Blount to investigate the matter. Following his investigation, Blount issued a 1342-page report on July 17, 1893, which called the coup an "act of war" against a friendly and independent nation, and recommended that appropriate measures be taken by the U.S. to restore the Hawaiian Kingdom. The Cleveland Administration, and particularly Secretary of State Gresham, recommended the fair yet forcible removal of the usurpers from power. They were advised, however, that this would require a Declaration of War. It was doubtful that Congress would pass such a measure against its own citizens.


Cleveland's attempts at restoration

Cleveland nonetheless advocated for intervention. Meanwhile, the new Minister to Hawaii, Alfred Willis, asked the Queen if she would pardon the usurpers if restored. The Queen stated that she was legally bound to follow the 1887 Constitution (ironically, forced on her brother
Kalākaua Kalākaua (David Laʻamea Kamananakapu Mahinulani Naloiaehuokalani Lumialani Kalākaua; November 16, 1836 – January 20, 1891), sometimes called The Merrie Monarch, was the last king and penultimate monarch of the Kingdom of Hawaiʻi, ...
by many of the same usurpers in question), which required either banishment or death as a punishment for treason. Willis reported to president Cleveland that she had told him that the conspirators should be "beheaded". The press quickly inflamed the situation, reporting that the Queen intended to decapitate every non-native person in Hawaii. The reaction among citizens in both Honolulu and Washington was riotous, and Cleveland was forced to abandon his course of action, handing the matter over to Congress, who, tiring of the conflict and lacking the means to restore the Queen without risking a fiasco, recognized the Republic. Cleveland ended his support for the Queen. His own political position was increasingly shaky. His strong stances for the
gold standard A gold standard is a monetary system in which the standard economic unit of account is based on a fixed quantity of gold. The gold standard was the basis for the international monetary system from the 1870s to the early 1920s, and from the l ...
, for the upholding of treaties with Native Americans (which, in one case, returned four million acres to the Winnebago and Crow Creek peoples, angering tens of thousands of American settlers who had gathered in readiness to occupy them) and against imperialism and involvement in
Nicaragua Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the countr ...
, along with a multitude of personal controversies and finally, his disastrous attempt at intervention in the
Pullman Strike The Pullman Strike was two interrelated strikes in 1894 that shaped national labor policy in the United States during a period of deep economic depression. First came a strike by the American Railway Union (ARU) against the Pullman factory in Chi ...
left him totally unable to engage in contentious action, particularly once the situation became volatile.


1894 Senate (Morgan) investigation

Dissatisfied with Blount's findings, pro-annexation elements in the U.S. Senate sought another viewpoint. In 1894, the U.S. Senate Foreign Relations Committee sent Senator
John Tyler Morgan John Tyler Morgan (June 20, 1824 – June 11, 1907) was an American politician was served as a brigadier general in the Confederate States Army during the American Civil War and later was elected for six terms as the U.S. Senator (1877–1907) ...
to make a second investigation. Morgan, a staunch segregationist and former Grand Dragon of the Ku Klux Klan who had speculated on the use of Hawaii (along with the Philippines, Congo, and Cuba) as an alternative site for relocation of Blacks, was sent to challenge Blount's findings. Interviewing primarily white settlers, befriending coup organizer
Lorrin Thurston Lorrin Andrews Thurston (July 31, 1858 – May 11, 1931) was an American lawyer, politician, and businessman born and raised in the Kingdom of Hawaii. Thurston played a prominent role in the Overthrow of the Hawaiian Kingdom that replaced Q ...
and emphasizing the strategic value of Hawaii, Morgan's report exonerated the U.S. military of direct responsibility, however the United States has since admitted to the wrong-doing of their military in the
Apology Resolution United States Public Law 103-150, informally known as the Apology Resolution, is a Joint Resolution of the U.S. Congress adopted in 1993 that "acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of age ...
. Though the report was never accepted by the Senate, it was used in subsequent years to justify the U.S.' actions. Meanwhile, Minister Stevens had already been reprimanded and forced into retirement by the Cleveland administration for his unauthorized role in the coup. Stevens did not oppose this action, having lost a child to drowning in Maine just three days after the Overthrow, which had plunged him into deep depression. He was exonerated by Morgan's report shortly before his own death in 1895. Stevens also received a silver tea service made of melted Hawaiian Kingdom coins in thanks from the new Provisional Government, which is still in curation by his descendants.


1895 trial and abdication

In 1895, a small group of royalists led by Robert William Kalanihiapo Wilcox clashed with Republic forces on the slopes of Diamond Head, and in Mōʻiliʻili. Casualties were minimal. The Republic, by this time, was extremely well-armed: not only had Sanford B. Dole spent the Kingdom's money on armaments, he had borrowed additional money to arm and pay a formidable militia. Wilcox and the others, including two haole of prominent families, were arrested. Liliʻuokalani was accused of "conspiring" with and "aiding" them, and although evidence was scanty, she was found guilty and imprisoned in a room in ʻIolani Palace for several months. Wilcox and five others were tried for treason, and sentenced to be hanged. The imprisoned Queen was given an ultimatum: if she formally abdicated, Wilcox and the others would be pardoned. Whether or not she supported their actions, the Queen did not want these men to die. She signed an abdication statement, pre-written by her lawyers and friends, praising that government and relinquishing her personal right to the throne. She was directed to sign as "Liliʻuokalani Dominis", which was her legal name, after marrying a Caucasian man.


Annexation and anti-annexation campaigns

From 1893 to 1896, the Republic of Hawaii actively sought annexation to the United States. However, despite intensive debate on the matter in the legislature, annexation was strongly opposed by the U.S. Presidency, the people of Hawaii, and much of Congress; the Turpie Resolution in 1894 took annexation off the table entirely. In 1896, expansionist president
William McKinley William McKinley (January 29, 1843September 14, 1901) was the 25th president of the United States, serving from 1897 until his assassination in 1901. As a politician he led a realignment that made his Republican Party largely dominant in ...
was elected. In 1897, McKinley negotiated a treaty with the Republic of Hawaii, which he attempted unsuccessfully to pass through Congress; however, only 46 of the 60 requisite votes were procured, and so the treaty failed. The majority of the population in Hawaii was indeed vociferously opposed to U.S. annexation. In a single weeklong petition drive, 21,000 signatures—representing well over half of the adult population of Hawaii at the time—were procured by horseback, boat and foot travel. These petitions were hand-carried to Washington and delivered to the United States Senate.


Spanish–American War and Newlands Resolution

In 1898, Cuba and the Philippines declared independence from Spain. The U.S. declared war on Spain as well, as it openly wanted control of these countries. With the Spanish–American War as its rationale, the
US Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...
passed a joint resolution, referred to as the Newlands Resolution, by a simple majority of both houses. The United States asserted that it had legally annexed Hawaii. Critics argued this was not a legally permissible way to acquire territory under the U.S. Constitution. As well as this, there were continued protests in Hawaii and Washington by supporters of the Kingdom. The flag of the United States was raised over Hawaii on August 12, 1898, protected by the United States Navy. As a result of the unilateral assertion by the United States that it annexed Hawaii, coupled with the continued presence of United States military forces in the territory of what had been known as a neutral Hawaiian Kingdom up until the landing of armed US Marines on January 17, 1893, ''The War Report: Armed Conflict in 2014'' of 2015 reported (p. 24), "Other belligerent occupations that have been alleged include the occupation by the United Kingdom of the Falkland Islands/Malvinas (Argentina claims this as sovereign territory), of Tibet by China, and of the State of Hawaii by the United States. The War Report makes no determination as to whether belligerent occupation is occurring in these cases." The definition of a belligerent
occupation Occupation commonly refers to: *Occupation (human activity), or job, one's role in society, often a regular activity performed for payment *Occupation (protest), political demonstration by holding public or symbolic spaces *Military occupation, th ...
is explained in the Hague Convention of 1907, "Laws and Customs of War on Land" (Hague IV); October 18, 1907: "Section III Military Authority over the territory of the hostile State": ''Art. 42.'' ''Territory is considered occupied when it is actually placed under the authority of the hostile army.'' ''The occupation extends only to the territory where such authority has been established and can be exercised.'' ''Art. 43.'' ''The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.'' In 1949, the laws relative to belligerent occupation were amended further in the Fourth Geneva Convention, Section III: Occupied Territories, Article 6: "The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2. In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations. In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143."


Territory of Hawaii

The
Territory of Hawaii The Territory of Hawaii or Hawaii Territory ( Hawaiian: ''Panalāʻau o Hawaiʻi'') was an organized incorporated territory of the United States that existed from April 30, 1900, until August 21, 1959, when most of its territory, excluding ...
officially lasted from April 30, 1900, when President McKinley signed the Hawaii
Organic Act In United States law, an organic act is an act of the United States Congress that establishes a territory of the United States and specifies how it is to be governed, or an agency to manage certain federal lands. In the absence of an organ ...
, until 1959. U.S. military expansion was enormous during this period, and commerce grew intensively. At the same time, use of the Hawaiian language was punished in schools, and native cultural practitioners were repressed.


Statehood plebiscite and Admissions Act

From the time of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
' formation in 1946 until 1959, Hawaii was on the
United Nations list of non-self-governing territories Chapter XI of the United Nations Charter defines a non-self-governing territory (NSGT) as a territory "whose people have not yet attained a full measure of self-government". In practice, an NSGT is a territory deemed by the United Nations Gene ...
eligible for
decolonization Decolonization or decolonisation is the undoing of colonialism, the latter being the process whereby imperial nations establish and dominate foreign territories, often overseas. Some scholars of decolonization focus especially on separatism, in ...
. The United States proposed a vote between two options: 1) become a State by passing the Admissions Act, or 2) remain a United States Territory. 93% of voters supported statehood in the statehood vote.


Permanent Court of Arbitration, the Hague, Netherlands

The
Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides services of arbitral tribunal to resolve disputes that aris ...
decided in 2002 to drop a case brought by a private citizen against an entity calling itself the Kingdom of Hawaii.
The Tribunal concluded that it could not determine whether the Respondent has failed to discharge its obligations towards the Claimant without ruling on the legality of the acts of the United States of America – something the Tribunal was precluded from doing as the United States was not party to the case.


Contemporary legal actions


''Hawaii v. Office of Hawaiian Affairs'', (2009)

According to the decision of the U.S. Supreme Court of March 31, 2009, the "whereas" clauses of the 1993 Congressional
Apology Resolution United States Public Law 103-150, informally known as the Apology Resolution, is a Joint Resolution of the U.S. Congress adopted in 1993 that "acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of age ...
have no binding effect, and the resolution does not change or modify the "absolute" title to the public lands of the State of Hawaii. The decision also affirmed that federal legislation cannot retroactively cloud title given as a part of statehood in general and that the State of Hawaii has not established title to all land transferred to it from the federal government in 1959. The case was remanded to the State Supreme court to allow an injunction from the alienation of the Crown or ''Ceded'' lands, allowing for a finding consistent with federal law. Justice Alito in his opinion held that the court did not have jurisdiction over ''Hawaiian Law'' and suggested the question of who held "Perfect title" would have to be settled by further litigation.


Historical legal actions


International recognition of the Republic of Hawaii

Documents dating to 1898 from the Hawaii State Archives have revealed official letters of international recognition of the Republic of Hawaii as the legitimate successor to the Kingdom of Hawaii from every nation which ever had diplomatic relations with the Kingdom. Images of these documents are now available online.


''De Lima v. Bidwell''

Annexation via a joint resolution of Congress is legal according to American law. The United States Supreme Court wrote, "A treaty made by that power is said to be the supreme law of the land, – as efficacious as an act of Congress; and, if subsequent and inconsistent with an act of Congress, repeals it. This must be granted, and also that one of the ordinary incidents of a treaty is the cession of territory, and that the territory thus acquired is acquired as absolutely as if the annexation were made, as in the case of Texas and Hawaii, by an act of Congress."


''Hawaii v. Mankichi''

In a 1903 criminal case, ''Territory of Hawaii v. Mankichi'', 190 U.S. 197 (1903) the U.S. Supreme Court noted that "the status of the islands and the powers of their provisional government were measured by the Newlands resolution That point was made even more forcefully in a separate opinion in the case filed by Justice Harlan. Justice Harlan disagreed with the court on a different issue which concerned Hawaiian law as to jury trials, but on the issue of the validity of the Newlands resolution, he agreed fully with the majority, stating, "By the resolution, the annexation of the Hawaiian Islands became complete, and the object of the proposed treaty, that 'those islands should be incorporated into the United States as an integral part thereof, and under its sovereignty' was accomplished."


''Liliuokalani v. The United States''

Liliuokalani's claims of personal ownership of the crown lands was denied by the U.S. Court of Claims, based primarily on Hawaiian Kingdom law. Wikisource:Liliuokalani v. The United States


U.S. investigations


The Blount Report

On July 17, 1893, James H. Blount was sent by Grover Cleveland under secret orders shortly after his inauguration, Blount's investigation led him to believe that the U.S. was directly responsible for the overthrow of Queen Liliuokalani. He reported back to President Cleveland, who took steps to reinstate the queen based on Blount's information. As the president of the Provisional Government of Hawaii flatly refused to reinstate the Queen, Cleveland referred the matter to Congress on December 18, 1893, with a blistering letter condemning what he believed at the time to be the U.S. role in the overthrow.


The Morgan Report

On February 26, 1894, after Cleveland's referral of the matter to Congress, a second investigation committee was formed under the leadership of Senator
John Tyler Morgan John Tyler Morgan (June 20, 1824 – June 11, 1907) was an American politician was served as a brigadier general in the Confederate States Army during the American Civil War and later was elected for six terms as the U.S. Senator (1877–1907) ...
, an expansionist and segregationist. Over the course of several months, with extensive testimony under cross examination, they came to the exact opposite conclusion that Blount reached. In their conclusions, the U.S. military was completely exonerated, and blame for the Hawaiian Revolution was placed squarely on the shoulders of Queen Liliuokalani.


United States Commission on Civil Rights report

Considering the
Akaka Bill The Native Hawaiian Government Reorganization Act of 2009 S1011/HR2314 was a bill before the 111th Congress. It is commonly known as the Akaka Bill after Senator Daniel Akaka of Hawaii, who proposed various forms of this bill after 2000. The bill ...
on May 4, 2006, the USCCR found that the Hawaiian Kingdom "included Native Hawaiians, but also included residents of other races and ethnicities." They recommended strongly against the
Akaka Bill The Native Hawaiian Government Reorganization Act of 2009 S1011/HR2314 was a bill before the 111th Congress. It is commonly known as the Akaka Bill after Senator Daniel Akaka of Hawaii, who proposed various forms of this bill after 2000. The bill ...
as "legislation that would discriminate on the basis of race or national origin and further subdivide the American people".


U.S. legislation

*Turpie Resolution, May 31, 1894 *
Newlands Resolution The Newlands Resolution was a joint resolution passed on July 7, 1898, by the United States Congress to annex the independent Republic of Hawaii. In 1900, Congress created the Territory of Hawaii. The resolution was drafted by Representative Fr ...
, July 4, 1898 *
Organic Act In United States law, an organic act is an act of the United States Congress that establishes a territory of the United States and specifies how it is to be governed, or an agency to manage certain federal lands. In the absence of an organ ...
, April 30, 1900 *
Apology Resolution United States Public Law 103-150, informally known as the Apology Resolution, is a Joint Resolution of the U.S. Congress adopted in 1993 that "acknowledges that the overthrow of the Kingdom of Hawaii occurred with the active participation of age ...
, November 23, 1993


See also

* Hawaiian sovereignty movement * Legal status of Alaska * Legal status of Texas * Tribal sovereignty *
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, ...
* Declaration on the Rights of Indigenous Peoples *
State formation State formation is the process of the development of a centralized government structure in a situation where one did not exist prior to its development. State formation has been a study of many disciplines of the social sciences for a number of ...
*
Right to exist The right to exist is said to be an attribute of nations. According to an essay by the 19th-century French philosopher Ernest Renan, a state has the right to exist when individuals are willing to sacrifice their own interests for the communit ...
* Self-determination *
Declaration on the Granting of Independence to Colonial Countries and Peoples The Declaration on the Granting of Independence to Colonial Countries and Peoples, also known as the United Nations General Assembly Resolution 1514, was a resolution of the United Nations General Assembly during its fifteenth session, that affi ...


Notes


External links


International Association of Democratic Lawyers
Resolution on the US Occupation of the Hawaiian Kingdom.
UN Independent expert memorandum
on the occupation of the Hawaiian Kingdom. * {{DEFAULTSORT:Legal Status Of Hawaii Hawaii law Politics of Hawaii