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Hawaii
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s
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Ceded Lands
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: The Ongoing Quest for Justice in Hawai
’
i
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Professor Williamson B.C. Chang,William S. Richardson School of Law, University of Hawaii at Manoa, Faculty Lecture Series, October1, 2014, Hamilton Library Room 301 Page 19
As a result, the United States Secretary of State and President Clevelandconcluded that the landing of United States military forces and the actions of Minister
Stevens violated the sovereignty of the Kingdom of Hawai’i under international law,
violated treaties between the Kingdom and the United States and constituted an unlawfulact of aggression. On December 18, 1893 the President, by message to the people of theUnited States and the world, admitted such wrongs violated international law and promised to restore the government of the Kingdom of Hawaii.President Cleveland failed to restore the government of the Kingdom of Hawaii.Thus, it is clear that the Treaty of 1893 failed.William McKinley, who favored annexation of Hawaii, was elected President in
1896. In 1897 a delegation of four annexationists from Hawai’i met with United States
Secretary of State John Sherman and drafted a treaty of annexation---the Treaty of 1897.The Treaty was presented to the United States Senate. It was discussed in secret session,which was traditional as to treaties. It was clear that it did not have the necessary supportto acquire the two thirds super majority. Thus, a vote was never taken. Nonetheless,President McKinley did not withdraw it from the Senate. The Treaty of 1897 would alsofail to gain the constitutionally required support of a two-thirds majority of the Senators presentIt is clear that the primary obstacle to the Treaty was the objection of theHawaiian people including non-Native Hawaiians who were citizens of the Kingdom ofHawaii. More than 21,000 persons signed carefully prepared petitions in opposition tothe Treaty. These 21,000 persons constituted a majority of the Hawaiians and Hawaiian Nationals. Opposition was spirited and vigorous. Senator Pettigrew of South Dakota
made a trip to Hawai’i in the fall of 1897 to investigate on his
own. He recorded his
observations in a book “Course of Empire.”
He wrote vehemently against annexation. Inhis book he described a visit to a Hilo church which particularly moved him. When heasked of the congregation who was opposed to the Treaty the whole of the Church stood.
The Ku’e petitions were the primary reason for the failure of the Treaty of 1897.
The Ku
’
e petitions succeeded: the Treaty failed. The United States failed to acquire theHawaiian Islands. Nonetheless, all of us, Hawaiians and non-Hawaiians have been led to believe that the Joint Resolution, a mere act of Congress, passed a year later acquired andannexed the Hawaiian Islands.As I read the statements the Congressional Record, Senator after Senator would proclaim that the Joint resolution was not a treaty. The key point, however, is that it wasthe United States that never ratified the Treaty of 1897. In an ironic fashion, though we
believe today that Hawai’i was annexed
by treaty
“by the United States,” it was the
United States itself that rejected the treaty. Hawaii, it is claimed, was annexed by theJoint Resolution.
“
Hawaii
’
s
‘
Ceded Lands
’
: The Ongoing Quest for Justice in Hawai
’
i
”
Professor Williamson B.C. Chang,William S. Richardson School of Law, University of Hawaii at Manoa, Faculty Lecture Series, October1, 2014, Hamilton Library Room 301 Page 20
Nonetheless, we have been led to believe that the Joint resolution of 1898 had theeffect of a treaty. Yet, we have seen, from the statements made by the senators opposedto the Joint resolution, that the joint resolution is not a treaty, it is merely an act ofCongress. It can have no actual force on the dominion and territory of another sovereignnation.
”
[From Handout 4, LWPA 582E-
001 “To Grow A Nation,” “Legal History” a Course at
the William S. Richardson School of Law, University of Hawaii at Manoa, Fall 2014,Professor Williamson B. Chang]
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