As a concerned US citizen, GetFactsnotHype writes on social and political issues effecting economics.
Hawaii not a Legal State
Technically Hawaii is not legally a state, a commonwealth or even a territory of the USA. History books won't tell you that the U.S. stole royal ceded lands known as crown lands of Hawaii without a treaty, declared war, or any financial consideration, which is required for a deed of purchase. The history of US politics on the taking of Hawaii is discussed backed up with proof, so this is NOT just an opinion piece.
Hawaii Illegally Acquired
The history of U.S. politics on the taking of Hawaii involved the plundering of the Kingdom of Hawaii by locking up their queen, taking the assets without due process, taking the resources or commodities and eventually the land. Of course this was started way before you or I were born during the days of Queen Lili'uokalani who ruled the then Kingdom of Hawai'i and the Kanaka Maoli people.
Previously when the United States had acquired lands it had been done by treaty, such as the Louisiana Purchase of 1803 which encompassed an area which we now know today as 15 different states and 2 Canadian provinces. The Treaty of Guadalupe Hidalgo of 1848 ended the Mexican American War and gave the USA the Rio Grande boundary for Texas as well as the state of California and 4 other states and parts of 2 more states. The Alaska Purchase or the Russian Treaty of 1867 known to some jokingly as "Russia With Love" or as opposers called it Seward's Folly, gave the U.S. control of Alaska. All of these were purchases. Let me say that again; they were purchases. The United States never purchased Hawaii, they just took it. Even other smaller unincorporated territories of the USA like Guam and American Samoa that never became states and have no voting privileges still have treaties, but Hawaii has none.
Some properties are acquired by war but that didn't occur either. The Hawaiian Islands were not conquered, because the United States wasn't even at war with Hawai'i then or ever. The illegal purchase and false claims by the U.S. government's legislative body along with their military presence arriving one day could however be considered by the Hawaiian people as an "act of war", but this was not a declared war by the U.S. This was not announced to the American people as a war we had entered into nor were we rescuing prisoners of war or supplying rebels with contraband or fighting to free slaves. This was not a case of boots on the ground and all stick with strategic planning by some four star general on advancing a beachhead in the name of national security. No, this was the military showing up and saying, hey we're taking over and they plundered.
Hawaii's Forced Annexation
The picture above shows the petition against annexation, yet the USA's "Organic Act" trampled that. The Organic Act of April 30th 1900 was in response to the deficient Newlands Resolution of 1898, and this new act was to carry out the forced annexation of Hawaii by setting up how they would be governed. However, known treasonists posing as the Republic of Hawaii entered into a contract with the United States, and because this de facto government did not have jurisdiction over the land, the deal was fraudulent and the contract is voidable and actually should be voided.
As if the fake contract wasn't enough, the U.S. government purposely and willfully mislead the citizens of the Kingdom of Hawaii. They were told as well as us Americans back home that the United States had acquired Hawaii with joint resolution from Congress. Well, truth is, it was not a legal joint resolution and the land was not acquired. But everyone bought it, hook, line, and sinker. In fact three separate instances the annex treaty failed to pass Congress, so they annexed it by passing a resolution, one in which Congress did not have the right to do. Above you will see signatures of Hawaiian natives against the annexation, which troubled Congress so they lied and took it.
To add insult to injury, the United States government lumped together those of Hawaiian blood descent and mixed blood heritage. By including a definition in the Organic Act that provided a loophole of sorts as an advantage point to the US, those people were no longer considered Hawaiian nationals or private citizens. To lend support for the reason of the US conquest, race (or ethnicity) was introduced as a way to separate them from their nationality, so they were considered to be an isolated ethnic indigenous group not having the where-with-all, the funds, the education, or the know-how to form a government. In essence, they were not acknowledged as part of a recognized independent country, and yet the truth was Hawaii was an independent country already and needed no help from the U.S in establishing themselves.
Hawaii Previously a Country
Prior to forced annexation by the USA, Hawaii was already a sovereign country with their own treasury to issue their own banknotes (seen in picture above).
The real truth is that America took the land, resources, and gold of the queen as well as the rights and privledges of the people along with violating 5 treaty accords. The lands were Royal Patent lands and in 1855 King Kamehameha in his probated will declared the land to be in perpetuity so that it could not be sold, taxed, liened, or mortgaged. Nonetheless, Hawai'i lost its country January 17th 1893 and the U.S. occupied it permanently from August 12th 1898 to present day. There was no treaty of cession or purchase or even an acquisition by war. There was no notary, no conveyance, no warrant, deed or title and yet America possesses it or claims they do.
Moreover, the United States government claimed then that Hawaii was not an independent nation as if these were 3rd world savages needing guidance and governance yet at that time they were already an advanced sovereign nation with their own currency based on the gold standard, their own "Declaration of Rights" since 1839, and their own Constitution since 1840. At the time of the US conquest, Hawaii had already undergone 2 different constitution revisions in 1852 and again in 1864. They also had their own Legislative Assembly. Here is a link to the laws from their 1884 Assembly session.
The Kingdom of Hawaii already possessed 46 international neutral treaties, 56 diplomatic consuls living abroad, 90 embassies and was a founding member of the Universal Postal Union. In fact, the 'Iolani Palace built in 1882 had electricity before President Benjamin Harrison saw it brought to the US White House in 1891. Does that sound like a group of uneducated tribal people to you?
The U.S. knew this too, because they had already visited the lands and struck up The Reciprocity Treaty of 1875 (under President Ulysses S. Grant) which was a free trade agreement that allowed the Kingdom of Hawaii free access to American markets for the exporting of sugar (sugarcane) and other Hawaiian grown products. America in exchange would be allowed a military naval base at Pearl Harbor. So Americans were very aware of their capabilities and yet the US government passed them off to Americans back home as some kind of quasi-loincloth people too ignorant to help themselves.
In fact, the United States had previously acknowledged the Kingdom of Hawai'i as an independent state (nation). In 1842 US President Tyler acknowledged Hawaii's independence although the U.S. did not formally recognize it until 1846. In 1843, British and French governments signed the declaration of Hawaiian independence called the Anglo-Franco Proclamation in the London Court, and many other countries recognized the independent country soon thereafter.
US Violated World Laws
The USA's illegal acquisition of Hawaii not only violated U.S. Constitutional Law, but also International Law under the "Law of Nations", the "World Court", and "United Nations."
In fact President Grover Cleveland (US 22nd and 24th President) said it was a regrettable violation that needed immediate remedy and yet no remedy to this day has been made.
There are still executive documents on the Affairs of Hawaii from a report by the US House of Representatives for the 3rd session of the 53rd Congress at the Washington Government Printing Office since 1895 in Volume I and II. This Blount Report, part of the 1893 US House of Representatives Foreign Relations Committee Report regarding the overthrow of the Kingdom of Hawaii was later discredited by the US Congress Morgan Report. The latter one is what they went with and seemed to stick.
That idea was revisited by the U.S. Senate Wednesday, October 27, 1993 and the House of Representatives November 15, 1993 and made part of the Congressional record for both. This wrongful takeover was acknowledged with formal apology and made part of US Public Law 103-50 seen at the House Gov website and signed by 42nd President, Bill Clinton. That doesn't change anything, because America has not given Hawaii back to the Hawaiian people since that Apology Resolution and are constantly trying to destroy the natural resources there with their "progress" and commercialization.
In addition to the US government acknowledging the wrongful takeover, there are other forms of proof such as Hawaii's State Constitution Article XII, section 7, protecting the traditional and customary rights of Ahupua'a tenants as well as the Kuleana Act, now codified as HRS Â§ 7-1.
Moreover, advocate and solicitor Kilihina Kekumano is a direct descendant of the monarchy that once ruled the Kingdom of Hawaii and is related to Queen Lili'uokalani through DNA. I guess the government thought all these people were gone, but they aren't. Her testimony at a public hearing was that Hawaiian Law HRS 1-1 from year 1892 recognizes Hawaiian usage as an important exception to the "common law" and that the law is still in effect, which technically is true.
Additionally, there have been many books written on the subject, one even titled Hawaii -The Fake State. Yes it is sad but true that the USA illegally acquired royal patent lands without any title, deed, or warrant to Hawaii, which previously was a sovereign country on its own. Annexation was forced and international laws broken. The crown lands stolen from the monarchy that once ruled the Kingdom of Hawaii (once spelled Hawai'i) perpetrated malfeasance on the land and its people. Technically speaking The Constitution of 1887 also known as the Bayonet Constitution is illegal, and the Constitution of the Hawaiian Kingdom of 1864 is still legal although not enforced.
Article is original, Copyright retained
RELATED READING and REFERENCES CITED:
- Hawaii's Last Queen aired in 1997 on public broadcasting television (PBS).
- Hawaii Monarchy Overthrown with US Support reports the History Channel
- Hawaiian Monarchy Overthrown by American-Backed Businessmen reports NYT Blog
- Annexation of Hawaii - evidence at The University of Hawaii Manoa Library
© 2013 GetFactsnotHype
Hawaii Not a State Comments
KonaGirl from New York on December 22, 2013:
You are so right about this and for me it really touches home even more. I am a hapa-haole, born and raised in Hawaii when we were still considered a territory. My cousin, thrice removed on the haole side was President McKinley, who told our Queen Liliuo'kalani that if she did not surrender her island kingdom to the United States of America, he would surround the islands with his battleships and blow her off the face of the map.
You can imagine how shamed I felt growing up knowing how I was related to the man that did this horrible thing. The thing that is really bad is that it was the greedy haole missionaries (yeah real Christ like) that were partially at fault because of the lies they told the American Congress and legislature. Our queen was imprisoned in her own jail at her Royal residency, Iolani Palace. Other parties involved were Charles R. Bishop (founder of 1st Hawaiian Bank), Steven Dole (Dole Pineapple) and Lorrin Thurston ( a member of the legislature of the Hawaiian Kingdom).
As old as I am, I am still just as angry over it as I was when I was a little girl. Thank you so much for educating people. I hope you will do more.
KimGiancaterino on December 20, 2013:
I recently spoke with a man in his 60s who grew up in Hawaii. He said that most of his family moved to California because there are no jobs like there were when he was growing up. In his family they worked the farms while going to college. The import of cheap labor has made those jobs disappear. I read James Michener's book "Hawaii" when I was a teenager, and it ends with the transition to statehood.
sybil watson on December 15, 2013:
It certainly was educational - I knew the government was forcefully overthrown by greedy American businessmen and that Queen Liliuokalani was imprisoned in her own palace, but I didn't know the full extent of the US involvement.