IMPORTANT! Found It!! U.S. President Cleveland's Orders to Willis: RESTORE THE QUEEN, January 5, 1894 and Premeditation Documented
researched by Amelia Gora (2018)
U.S. President Cleveland Gave Hawaii back to Queen Liliuokalani - More Evidence:
"When Mr. Willis started he (U.S. President Cleveland) gave him two letters. One was addressed to Dole, President of the Provisional Government, in which he addressed Dole as "Great and good friend," and at the close, being a devout Christian, he asked "God to take care of Dole." This was the first letter. The letter of one President to another; of one friend to another. The second letter was addressed to Mr. Willis, in which Mr. Willis was told to upset Dole at the first opportunity and put the deposed Queen back on her throne. This may be diplomacy, but it is no kin to honesty."
Reference:
Williamson Chang · Princeton University
Williamson Chang · Princeton University
researched by Amelia Gora (2018)
Restore the Queen!
Additional Information about Giving Hawaii Back to Queen Liliuokalani by U.S. President Grover Cleveland:
1894
U.S. President Cleveland Gave Hawaii back to Queen Liliuokalani - More Evidence:
"When Mr. Willis started he (U.S. President Cleveland) gave him two letters. One was addressed to Dole, President of the Provisional Government, in which he addressed Dole as "Great and good friend," and at the close, being a devout Christian, he asked "God to take care of Dole." This was the first letter. The letter of one President to another; of one friend to another. The second letter was addressed to Mr. Willis, in which Mr. Willis was told to upset Dole at the first opportunity and put the deposed Queen back on her throne. This may be diplomacy, but it is no kin to honesty."
Reference:
Researched by Amelia Gora (2017)
—The Inter-Ocean, Chicago, February 2, 1894. Author: Orator, Lawyer Robert Ingersoll
http://maoliworld.com/forum/topics/exposing-false-flag-operations-in-hawaii-or-additional-facts
2015
On Annexation of Hawaii, Scalia Fails Constitutionality Test
A joint resolution of Congress doesn't empower the United States to acquire another country. Only a treaty can do that.
MARCH 7, 2015·By WILLIAMSON CHANG
In Civil Beat recently, Justice Antonin Scalia, associate justice of the U.S. Supreme Court, made two critical points on the annexation of Hawaii: First, he stated that a joint resolution of the United States could acquire the territory of Hawaii — a foreign, sovereign and independent nation state. Second, he stated that the Constitution permitted the use of a joint resolution instead of a treaty.
He was wrong on both points.
First, a joint resolution is merely a law, an act of Congress. It has no power to acquire the territory of a foreign, sovereign state. If such a thing were possible, Hawaii itself could have, by an act of its Legislature, acquired the United States. Second, the only mode by which the United States could acquire Hawaii, an independent and sovereign nation like the United States, would be by treaty.
Collection of the Supreme Court of the United States
In answering a student’s question regarding the United States’ annexation of Hawaii, Supreme Court Justice Scalia overlooked important constitutional provisions.
Second, the acquisition of Hawaii by a joint resolution of Congress would undermine the Constitution. The use of a joint resolution in place of a treaty would be an “end run” around an enumerated power — the power over foreign affairs that is delegated solely to the president and the Senate. The House has no power as to foreign affairs and does not vote on or ratify treaties.
Moreover, the use of joint resolution to accomplish a treaty with a foreign sovereign undermines the super-majority required of the Senate as to the ratification of treaties. The Senate must ratify such measures by a two-thirds majority of those Senators present.
This is made clear in the U.S. Constitution, Article II, Clause 2: “[The President] shall have the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur …”
The inability of President William McKinley to garner the necessary two-thirds vote in the Senate to ratify the Treaty of Annexation of 1897 led the administration to seek annexation by a mere act of Congress — a joint resolution. The administration could pass a joint resolution but not a treaty. This is precisely why McKinley attempted to annex by joint resolution.
https://www.civilbeat.com/wp-content/uploads/2015/03/image5.jpg" alt="McKinley"/>
President William McKinley, whose administration sought the annexation of Hawaii.
Many are ignorant of or deceived about the joint resolution and the acquisition of Hawaii. Many do not know the specifics of the U.S. Constitution or the history of Hawaii. Yet, we expect more from Justice Scalia, for he has great power over the future of Native Hawaiians. His exchange with Jacob Bryan Aki, as published in Civil Beat, showed a surprising lack of constitutional knowledge. Aki, a Hawaiian student at George Washington University, asked Justice Scalia the following question during a class visit to the Supreme Court on Feb. 11:
“Does the Constitution provide Congress the power to annex a foreign nation through a joint resolution rather than a treaty?”
Scalia answered by first turning the question back at Aki. “Why would a treaty be needed,” he asked. “There is nothing in the Constitution that prohibits Congress from annexing a foreign state through the means of a joint resolution. If the joint resolution is passed through both the U.S. House and Senate, then signed by the president, it went through a ‘process.’ ”
Allen et al. vs. Scalia
Let us pretend that Scalia was on the floor of the U.S. Senate in the summer of 1898. Sen. William V. Allen of Nebraska and others would have reminded him that a joint resolution is only an act of Congress. It has no power to reach out and acquire foreign territory or a foreign country.
“A joint resolution if passed becomes a statute law. It has no other or greater force. It is the same as if it were entitled ‘an act.’ That is its legal classification,” said Allen. “It is therefore impossible for the government of the United States to reach across its boundaries into the dominion of another government and annex that government or the persons or property therein.
“But the United States may do so under the treaty making power, which I shall hereafter consider.”
In addition, Allen said, “Mr. President, how can a joint resolution such as this be operative? What is the legislative jurisdiction of Congress? Does it extend over Hawaii? May we in this anticipatory manner reach out beyond the sea and assert our authority under a resolution of Congress within the confines of that independent nation? Where is our right, our grant of power, to do this? Where do we find it?
“The joint resolution itself, it is admitted, amounts to nothing so far as carrying any effective force is concerned. It does not bring that country within our boundaries. It does not consummate itself.”
Moreover, Sen. Thomas Turley of Tennessee stated:
“It is admitted that if the Joint Resolution is adopted, the Republic of Hawaii can determine whether or not it will accept the provisions contained in the joint resolution. In other words, the adoption of the resolution does not consummate the transaction.
“The Republic of Hawaii does not become a part or the territory of the United States by the adoption of the joint resolution …”
Sen. John Coit Spooner of Wisconsin added his view: “Of course, our power would not be extraterritorial.”
United States Library of Congress
Sen. A.O. Bacon, who questioned the constitutionality of the United States’ proposed annexation of Hawaii.
Sen. A.O. Bacon of Georgia made the same point: “Under the law of the equal sovereignty of states, one independent and sovereign nation such as the United States cannot take another nation, such as Hawaii, by means or its own legislative act.”
Bacon noted that if the United States could take Hawaii by joint resolution, it could so take Jamaica. If that were true, any nation could acquire any other. Hawaii could annex the United States. “If the President of the United States can do it in the case of Hawaii, he can with equal propriety and legality do it in the case of Jamaica …”
Sen. Stephen White of California noted annexation by joint resolution was unprecedented: in American history: “… there is no instance where by a joint resolution it has been attempted not only to annex a foreign land far remote from our shores, but also to annihilate a nation, to withdraw it from the sovereign societies of the world as a government.”
On the issue of the constitutionality of the use of a joint resolution, Bacon made it clear: Hawaii could only be acquired by a Treaty. “If Hawaii is to be annexed, it ought certainly to be annexed by a constitutional method; and if by a constitutional method, it cannot be annexed, no Senator ought to desire its annexation.”
Finally, Bacon — one of the most senior members of the Senate — predicted that the annexation of Hawaii by joint resolution would do great damage to the Constitution and the Union.
“If we pass the joint resolution, we enter upon a revolution which shall convert this country from a peaceful country into a warlike country. If we pass the resolution, we transform this country from one engaged in its own concerns into one which shall immediately proceed to intermeddle with the concerns of all the world.
“If we pass the joint resolution, we inaugurate a revolution which shall convert this country from one designed for the advancement and the prosperity and the happiness of our citizens into one which shall seek its gratification in dominion and domination and foreign acquisition.”
Native Hawaiians have forgotten that many Americans stood with them in 1898. After all, the Treaty of 1897, the only legal means for taking Hawaii, failed not because the Senate of the Republic of Hawaii failed to ratify the Treaty. It was the United States Senate that did not ratify the Treaty.
In conclusion, the joint resolution could not acquire Hawaii. Moreover, it was unconstitutional. Justice Scalia’s comments are evidence of the pervasive and widespread falsehoods as to annexation that have spread to the highest political and judicial offices in the United States. The myth of annexation is a deliberate deception that has oppressed the people of Hawaii for 122 years.
Historic quotes above are from Volume 31 of the Congressional Record pages 6142 to 6712, the verbatim record of the Senate debate in 1898.
About the Author
CONTRIBUTOR
Williamson Chang
Williamson Chang is a professor of Law and member of the faculty senate at the University of Hawaii at Manoa. Professor Chang has been teaching at the University of Hawaii School of Law for 37 years. He specializes in water rights, Native Hawaiian rights, the legal history of Hawaii and conflict of laws.
Williamson Chang · Princeton University
Dear Dr. Conklin:
The Joint Resolution was not capable of ratifying the Treaty of 1897. The Treaty of 1897, drafted by representatives of both the Republic of Hawaii and the United States specified the manner in which the Treaty was to be ratified by both countries: Article VII of the Treaty states:
ARTICLE VII.
This treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part; and by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the constitution of said Republic, on the other; and the ratifications hereof shall be exchanged at Washington as soon as possible.
In witness whereof the respective plenipotentiaries have signed the above articles and have hereunto affixed their seals.
Done in duplicate at the city of Washington, this sixteenth day of June, one thousand eight hundred and ninety-seven.
Article VII is an agreement between the United States and the Republic of Hawaii that ratification shall take only a certain form: The United States shall ratified by “the President of the United States, and with the advice and consent of the Senate,”... This phrase clearly refers to Article II of the United States Constitution which provides as follows:
Article II, Section 2 [1] He [The President of the United States] shall have the power, by and with the Advice and Consent of the Senate, to make Treaties , provided two thirds of the Senators present concur,...”.
When a treaty, as agreed to by two nations, specifies the means of ratification, the parties must ratify in the manner so specified. A treaty is not deemed ratified unless done so by the terms both nations agreed. The Joint Resolution is an act of Congress, a law and mere legislation. The Joint Resolution required a majority vote of the House to pass. It went on to the Senate where it only required a majority vote to pass. Whether or not it received a two thirds vote is irrelevant. Article II, Section 2, [1] makes clear that the House does not participate in the ratification of a treaty with a foreign power—except in the case of a treaty by which Congress directly admits a foreign state as State in the Union. This was the case as to Texas.
Most important, the Republic of Hawaii did not consider the Joint Resolution to be ratification of the Treaty of 1897. The Republic of Hawaii considered the terms of the Joint Resolution to vary significantly, by the interpretation of the Republic of Hawaii, from the terms of the Treaty of Hawaii. These two instruments, the Treaty of 1897 and the Joint Resolution were different documents, with different meanings. A treaty is formed only when both nations have a perfect meeting of the minds—usually when both agree to the same document.
The Republic of Hawaii made its objection to the use of the Joint Resolution as ratification, which the United States claimed very clear. The letters from A.S. Hartwell, Special Envoy of the Republic of Hawaii that Hartwell sent to President McKinley in October of 1899 make clear that the Republic did not consider the Joint Resolution of Annexation to constitute ratification of the Treaty of 1897. In this first quote, Hartwell points out, as of October 25, 1899, that ratification by the United States did not ratify the Treaty. This statement was made long after the Joint Resolution became effective, July 7, 1898. Thus, the Republic did not consider the Joint Resolution be a ratification of the Treat.
Under the authority given to the President of Hawaii by the Hawaiian constitution, to negotiate a treaty of political union with the United States, subject to ratification by the Hawaiian Senate, such a treaty was negotiated and signed by the authorized plenipotentiaries of each country, and was ratified by the Hawaiian Senate but not by the United States Senate. Consequently, that instrument failed to accomplish or to become evidence of a cession of Hawaii to the United States.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
General Hartwell specifically noted in his letter to President McKinley that the Joint Resolution was not a ratification:
Upon the enactment of the Newlands resolution in the place of a ratified treaty, and its full equivalent, I respectfully submit that something was required in the nature of a ratification whereby official notice could be given to Hawaii that the United States had agreed upon annexation.
The inchoate treaty provided in its seventh article for an exchange of ratifications “at Washington as soon as possible,” Until such exchange, or something equivalent to it, there could be no cession accomplished by mutual agreement.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
The Treaty of 1897 was laid before the United States Senate during the fall of 1897. It was not withdrawn by the President. It still lay before the United States Senate in July of 1898 when the Senate debated the Joint Resolution. So long as the Treaty lay before the Senate, as ratified by the Senate of the Republic of Hawaii on September 9, 1897,—ratification according to Article VII of the Treaty was the only means by which the United States could conclude that treaty with the Republic of Hawaii.
Any other means, such as the use of a Joint Resolution is ruled out by the language the United States, itself, agreed to. Moreover, the use of the Joint Resolution violates the enumerated powers allocated over foreign affairs to the President and the United States Senate. Lastly, the last requirement of Article VII was never completed. There never was an exchange of ratifications in Washington as required by Article VII.
A.S. Hartwell, on behalf of the Republic of Hawaii pointed out to President McKinley that the terms of the Treaty of 1897 and the Joint Resolution of 1898 differed a to a critical term. As such, the two instruments have different terms. The Treaty of 1897 and the Joint Resolution cannot be combined to form a single Treaty. Hartwell pointed out that the treaty proposed June 16, 1897 and the Joint Resolution differed as to material terms:
The Treaty in its first article declares that “all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii;” thus securing to Hawaii a distinct political status which is not secured by the wording in the Newlands resolution.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
In conclusion, the Joint Resolution of 1898 30 Stat 750, did not ratify the Treaty of Annexation 1897 [June 16, 1897].
Very truly yours,
Williamson Chang,
Professor of Law, University of Hawaii at Manoa.
William S. Richardson School of Law.
The Joint Resolution was not capable of ratifying the Treaty of 1897. The Treaty of 1897, drafted by representatives of both the Republic of Hawaii and the United States specified the manner in which the Treaty was to be ratified by both countries: Article VII of the Treaty states:
ARTICLE VII.
This treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part; and by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the constitution of said Republic, on the other; and the ratifications hereof shall be exchanged at Washington as soon as possible.
In witness whereof the respective plenipotentiaries have signed the above articles and have hereunto affixed their seals.
Done in duplicate at the city of Washington, this sixteenth day of June, one thousand eight hundred and ninety-seven.
Article VII is an agreement between the United States and the Republic of Hawaii that ratification shall take only a certain form: The United States shall ratified by “the President of the United States, and with the advice and consent of the Senate,”... This phrase clearly refers to Article II of the United States Constitution which provides as follows:
Article II, Section 2 [1] He [The President of the United States] shall have the power, by and with the Advice and Consent of the Senate, to make Treaties , provided two thirds of the Senators present concur,...”.
When a treaty, as agreed to by two nations, specifies the means of ratification, the parties must ratify in the manner so specified. A treaty is not deemed ratified unless done so by the terms both nations agreed. The Joint Resolution is an act of Congress, a law and mere legislation. The Joint Resolution required a majority vote of the House to pass. It went on to the Senate where it only required a majority vote to pass. Whether or not it received a two thirds vote is irrelevant. Article II, Section 2, [1] makes clear that the House does not participate in the ratification of a treaty with a foreign power—except in the case of a treaty by which Congress directly admits a foreign state as State in the Union. This was the case as to Texas.
Most important, the Republic of Hawaii did not consider the Joint Resolution to be ratification of the Treaty of 1897. The Republic of Hawaii considered the terms of the Joint Resolution to vary significantly, by the interpretation of the Republic of Hawaii, from the terms of the Treaty of Hawaii. These two instruments, the Treaty of 1897 and the Joint Resolution were different documents, with different meanings. A treaty is formed only when both nations have a perfect meeting of the minds—usually when both agree to the same document.
The Republic of Hawaii made its objection to the use of the Joint Resolution as ratification, which the United States claimed very clear. The letters from A.S. Hartwell, Special Envoy of the Republic of Hawaii that Hartwell sent to President McKinley in October of 1899 make clear that the Republic did not consider the Joint Resolution of Annexation to constitute ratification of the Treaty of 1897. In this first quote, Hartwell points out, as of October 25, 1899, that ratification by the United States did not ratify the Treaty. This statement was made long after the Joint Resolution became effective, July 7, 1898. Thus, the Republic did not consider the Joint Resolution be a ratification of the Treat.
Under the authority given to the President of Hawaii by the Hawaiian constitution, to negotiate a treaty of political union with the United States, subject to ratification by the Hawaiian Senate, such a treaty was negotiated and signed by the authorized plenipotentiaries of each country, and was ratified by the Hawaiian Senate but not by the United States Senate. Consequently, that instrument failed to accomplish or to become evidence of a cession of Hawaii to the United States.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
General Hartwell specifically noted in his letter to President McKinley that the Joint Resolution was not a ratification:
Upon the enactment of the Newlands resolution in the place of a ratified treaty, and its full equivalent, I respectfully submit that something was required in the nature of a ratification whereby official notice could be given to Hawaii that the United States had agreed upon annexation.
The inchoate treaty provided in its seventh article for an exchange of ratifications “at Washington as soon as possible,” Until such exchange, or something equivalent to it, there could be no cession accomplished by mutual agreement.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
The Treaty of 1897 was laid before the United States Senate during the fall of 1897. It was not withdrawn by the President. It still lay before the United States Senate in July of 1898 when the Senate debated the Joint Resolution. So long as the Treaty lay before the Senate, as ratified by the Senate of the Republic of Hawaii on September 9, 1897,—ratification according to Article VII of the Treaty was the only means by which the United States could conclude that treaty with the Republic of Hawaii.
Any other means, such as the use of a Joint Resolution is ruled out by the language the United States, itself, agreed to. Moreover, the use of the Joint Resolution violates the enumerated powers allocated over foreign affairs to the President and the United States Senate. Lastly, the last requirement of Article VII was never completed. There never was an exchange of ratifications in Washington as required by Article VII.
A.S. Hartwell, on behalf of the Republic of Hawaii pointed out to President McKinley that the terms of the Treaty of 1897 and the Joint Resolution of 1898 differed a to a critical term. As such, the two instruments have different terms. The Treaty of 1897 and the Joint Resolution cannot be combined to form a single Treaty. Hartwell pointed out that the treaty proposed June 16, 1897 and the Joint Resolution differed as to material terms:
The Treaty in its first article declares that “all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii;” thus securing to Hawaii a distinct political status which is not secured by the wording in the Newlands resolution.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
In conclusion, the Joint Resolution of 1898 30 Stat 750, did not ratify the Treaty of Annexation 1897 [June 16, 1897].
Very truly yours,
Williamson Chang,
Professor of Law, University of Hawaii at Manoa.
William S. Richardson School of Law.
Reply · Unlike · 1 · Follow Post · March 10 at 2:22pm
Williamson Chang · Princeton University
Dear Dr. Conklin:
The Joint Resolution was not capable of ratifying the Treaty of 1897. The Treaty of 1897, drafted by representatives of both the Republic of Hawaii and the United States specified the manner in which the Treaty was to be ratified by both countries: Article VII of the Treaty states:
ARTICLE VII.
This treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part; and by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the constitution of said Republic, on the other; and the ratifications hereof shall be exchanged at Washington as soon as possible.
In witness whereof the respective plenipotentiaries have signed the above articles and have hereunto affixed their seals.
Done in duplicate at the city of Washington, this sixteenth day of June, one thousand eight hundred and ninety-seven.
Article VII is an agreement between the United States and the Republic of Hawaii that ratification shall take only a certain form: The United States shall ratified by “the President of the United States, and with the advice and consent of the Senate,”... This phrase clearly refers to Article II of the United States Constitution which provides as follows:
Article II, Section 2 [1] He [The President of the United States] shall have the power, by and with the Advice and Consent of the Senate, to make Treaties , provided two thirds of the Senators present concur,...”.
When a treaty, as agreed to by two nations, specifies the means of ratification, the parties must ratify in the manner so specified. A treaty is not deemed ratified unless done so by the terms both nations agreed. The Joint Resolution is an act of Congress, a law and mere legislation. The Joint Resolution required a majority vote of the House to pass. It went on to the Senate where it only required a majority vote to pass. Whether or not it received a two thirds vote is irrelevant. Article II, Section 2, [1] makes clear that the House does not participate in the ratification of a treaty with a foreign power—except in the case of a treaty by which Congress directly admits a foreign state as State in the Union. This was the case as to Texas.
Most important, the Republic of Hawaii did not consider the Joint Resolution to be ratification of the Treaty of 1897. The Republic of Hawaii considered the terms of the Joint Resolution to vary significantly, by the interpretation of the Republic of Hawaii, from the terms of the Treaty of Hawaii. These two instruments, the Treaty of 1897 and the Joint Resolution were different documents, with different meanings. A treaty is formed only when both nations have a perfect meeting of the minds—usually when both agree to the same document.
The Republic of Hawaii made its objection to the use of the Joint Resolution as ratification, which the United States claimed very clear. The letters from A.S. Hartwell, Special Envoy of the Republic of Hawaii that Hartwell sent to President McKinley in October of 1899 make clear that the Republic did not consider the Joint Resolution of Annexation to constitute ratification of the Treaty of 1897. In this first quote, Hartwell points out, as of October 25, 1899, that ratification by the United States did not ratify the Treaty. This statement was made long after the Joint Resolution became effective, July 7, 1898. Thus, the Republic did not consider the Joint Resolution be a ratification of the Treat.
Under the authority given to the President of Hawaii by the Hawaiian constitution, to negotiate a treaty of political union with the United States, subject to ratification by the Hawaiian Senate, such a treaty was negotiated and signed by the authorized plenipotentiaries of each country, and was ratified by the Hawaiian Senate but not by the United States Senate. Consequently, that instrument failed to accomplish or to become evidence of a cession of Hawaii to the United States.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
General Hartwell specifically noted in his letter to President McKinley that the Joint Resolution was not a ratification:
Upon the enactment of the Newlands resolution in the place of a ratified treaty, and its full equivalent, I respectfully submit that something was required in the nature of a ratification whereby official notice could be given to Hawaii that the United States had agreed upon annexation.
The inchoate treaty provided in its seventh article for an exchange of ratifications “at Washington as soon as possible,” Until such exchange, or something equivalent to it, there could be no cession accomplished by mutual agreement.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
The Treaty of 1897 was laid before the United States Senate during the fall of 1897. It was not withdrawn by the President. It still lay before the United States Senate in July of 1898 when the Senate debated the Joint Resolution. So long as the Treaty lay before the Senate, as ratified by the Senate of the Republic of Hawaii on September 9, 1897,—ratification according to Article VII of the Treaty was the only means by which the United States could conclude that treaty with the Republic of Hawaii.
Any other means, such as the use of a Joint Resolution is ruled out by the language the United States, itself, agreed to. Moreover, the use of the Joint Resolution violates the enumerated powers allocated over foreign affairs to the President and the United States Senate. Lastly, the last requirement of Article VII was never completed. There never was an exchange of ratifications in Washington as required by Article VII.
A.S. Hartwell, on behalf of the Republic of Hawaii pointed out to President McKinley that the terms of the Treaty of 1897 and the Joint Resolution of 1898 differed a to a critical term. As such, the two instruments have different terms. The Treaty of 1897 and the Joint Resolution cannot be combined to form a single Treaty. Hartwell pointed out that the treaty proposed June 16, 1897 and the Joint Resolution differed as to material terms:
The Treaty in its first article declares that “all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii;” thus securing to Hawaii a distinct political status which is not secured by the wording in the Newlands resolution.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
In conclusion, the Joint Resolution of 1898 30 Stat 750, did not ratify the Treaty of Annexation 1897 [June 16, 1897].
Very truly yours,
Williamson Chang,
Professor of Law, University of Hawaii at Manoa.
William S. Richardson School of Law.
The Joint Resolution was not capable of ratifying the Treaty of 1897. The Treaty of 1897, drafted by representatives of both the Republic of Hawaii and the United States specified the manner in which the Treaty was to be ratified by both countries: Article VII of the Treaty states:
ARTICLE VII.
This treaty shall be ratified by the President of the United States, by and with the advice and consent of the Senate, on the one part; and by the President of the Republic of Hawaii, by and with the advice and consent of the Senate, in accordance with the constitution of said Republic, on the other; and the ratifications hereof shall be exchanged at Washington as soon as possible.
In witness whereof the respective plenipotentiaries have signed the above articles and have hereunto affixed their seals.
Done in duplicate at the city of Washington, this sixteenth day of June, one thousand eight hundred and ninety-seven.
Article VII is an agreement between the United States and the Republic of Hawaii that ratification shall take only a certain form: The United States shall ratified by “the President of the United States, and with the advice and consent of the Senate,”... This phrase clearly refers to Article II of the United States Constitution which provides as follows:
Article II, Section 2 [1] He [The President of the United States] shall have the power, by and with the Advice and Consent of the Senate, to make Treaties , provided two thirds of the Senators present concur,...”.
When a treaty, as agreed to by two nations, specifies the means of ratification, the parties must ratify in the manner so specified. A treaty is not deemed ratified unless done so by the terms both nations agreed. The Joint Resolution is an act of Congress, a law and mere legislation. The Joint Resolution required a majority vote of the House to pass. It went on to the Senate where it only required a majority vote to pass. Whether or not it received a two thirds vote is irrelevant. Article II, Section 2, [1] makes clear that the House does not participate in the ratification of a treaty with a foreign power—except in the case of a treaty by which Congress directly admits a foreign state as State in the Union. This was the case as to Texas.
Most important, the Republic of Hawaii did not consider the Joint Resolution to be ratification of the Treaty of 1897. The Republic of Hawaii considered the terms of the Joint Resolution to vary significantly, by the interpretation of the Republic of Hawaii, from the terms of the Treaty of Hawaii. These two instruments, the Treaty of 1897 and the Joint Resolution were different documents, with different meanings. A treaty is formed only when both nations have a perfect meeting of the minds—usually when both agree to the same document.
The Republic of Hawaii made its objection to the use of the Joint Resolution as ratification, which the United States claimed very clear. The letters from A.S. Hartwell, Special Envoy of the Republic of Hawaii that Hartwell sent to President McKinley in October of 1899 make clear that the Republic did not consider the Joint Resolution of Annexation to constitute ratification of the Treaty of 1897. In this first quote, Hartwell points out, as of October 25, 1899, that ratification by the United States did not ratify the Treaty. This statement was made long after the Joint Resolution became effective, July 7, 1898. Thus, the Republic did not consider the Joint Resolution be a ratification of the Treat.
Under the authority given to the President of Hawaii by the Hawaiian constitution, to negotiate a treaty of political union with the United States, subject to ratification by the Hawaiian Senate, such a treaty was negotiated and signed by the authorized plenipotentiaries of each country, and was ratified by the Hawaiian Senate but not by the United States Senate. Consequently, that instrument failed to accomplish or to become evidence of a cession of Hawaii to the United States.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
General Hartwell specifically noted in his letter to President McKinley that the Joint Resolution was not a ratification:
Upon the enactment of the Newlands resolution in the place of a ratified treaty, and its full equivalent, I respectfully submit that something was required in the nature of a ratification whereby official notice could be given to Hawaii that the United States had agreed upon annexation.
The inchoate treaty provided in its seventh article for an exchange of ratifications “at Washington as soon as possible,” Until such exchange, or something equivalent to it, there could be no cession accomplished by mutual agreement.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
The Treaty of 1897 was laid before the United States Senate during the fall of 1897. It was not withdrawn by the President. It still lay before the United States Senate in July of 1898 when the Senate debated the Joint Resolution. So long as the Treaty lay before the Senate, as ratified by the Senate of the Republic of Hawaii on September 9, 1897,—ratification according to Article VII of the Treaty was the only means by which the United States could conclude that treaty with the Republic of Hawaii.
Any other means, such as the use of a Joint Resolution is ruled out by the language the United States, itself, agreed to. Moreover, the use of the Joint Resolution violates the enumerated powers allocated over foreign affairs to the President and the United States Senate. Lastly, the last requirement of Article VII was never completed. There never was an exchange of ratifications in Washington as required by Article VII.
A.S. Hartwell, on behalf of the Republic of Hawaii pointed out to President McKinley that the terms of the Treaty of 1897 and the Joint Resolution of 1898 differed a to a critical term. As such, the two instruments have different terms. The Treaty of 1897 and the Joint Resolution cannot be combined to form a single Treaty. Hartwell pointed out that the treaty proposed June 16, 1897 and the Joint Resolution differed as to material terms:
The Treaty in its first article declares that “all the territory of and appertaining to the Republic of Hawaii is hereby annexed to the United States of America under the name of the Territory of Hawaii;” thus securing to Hawaii a distinct political status which is not secured by the wording in the Newlands resolution.
See Letter of Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley, October 25, 1899. [From the Manuscript Collection the Papers of A.S. Hartwell, Archives of State of Hawaii].
In conclusion, the Joint Resolution of 1898 30 Stat 750, did not ratify the Treaty of Annexation 1897 [June 16, 1897].
Very truly yours,
Williamson Chang,
Professor of Law, University of Hawaii at Manoa.
William S. Richardson School of Law.
Reply · Unlike · 1 · Follow Post · March 10 at 2:22pm
Additional Evidence:
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SUMMARY
The Hawaiian Kingdom exists because U.S. President Cleveland did give Hawaii Back to Queen Liliuokalani in 1894 and reaffirmed it in 1897.
Oppositions to Annexation was made by Queen Liliuokalani and her subjects numbering about 40,000.
"the Joint Resolution of 1898 30 Stat 750, did not ratify the Treaty of Annexation 1897 [June 16, 1897]." - Williamson Chang, Professor of Law (retired).
The Annexation of 1897 was Another Exercise in Fraud, Conspiracy, etc.
Those involved in pushing the Annexation was "Alfred S. Hartwell, Special Agent of the Government of Hawaii in Washington D.C. to President McKinley".
Alfred S. Hartwell was a former American Civil War General, a conspirator/treasonous Judge of the Hawaiian Kingdom, brother-in-law of William O. Smith who was a Trustee of the Bernice Pauahi Bishop Estates, helped plan the Queen's dethronement from his law offices with Lorrin Thurston, Sanford B. Dole, et. als.
William O. Smith helped to write the fraudulent 1909 Trust for Queen Liliuokalani and became her trustee of the fraudulent 1909 Trust after she died in 1917.
The Hawaiian Kingdom Supreme Court/Kingdom of Hawaii Supreme Court Judges declared both Trusts and Trustees guilty of fraud, conspiracy, piracy, pillaging etc. in April 2018.
aloha.
Additional References:
100 Years of Healing - The Legacy f a Kauai Missionary Doctor (2003) by Evelyn E. Cook
other references:
13) 1897-
President Cleveland Gave Hawaii Back to Queen Liliuokalanihttps://docs.google.com/leaf?id=0B6Gs4av5Se1wN2JkZjMxMzEtMDIyNi00YW…
President Cleveland Gave Hawaii Back to Queen Liliuokalanihttps://docs.google.com/leaf?id=0B6Gs4av5Se1wN2JkZjMxMzEtMDIyNi00YW…
14) 1897 – Annexation Opposition by Queen Liliuokalani found by researcher Kiliwehi Kekumano: https://docs.google.com/leaf?id=0B6Gs4av5Se1wOGJmZjg4MmQtNWRjMS00NT…
Annexation Opposition (page 2) https://docs.google.com/leaf?id=0B6Gs4av5Se1wNWVlMTc0MjEtZWZiZS00Y2…
Annexation Opposition (page 3) https://docs.google.com/leaf?id=0B6Gs4av5Se1wY2RjYzZmNjQtMjUxYi00Zm…
Annexation Opposition (page 4) https://docs.google.com/leaf?id=0B6Gs4av5Se1wNmY2Mzk3ZTctZDEyMy00Yz…
15) The Hawaiian Disgrace http://query.nytimes.com/mem/archive-free/pdf?res=F70A1FF7345D11738…
16) Shameful Conspiracy https://docs.google.com/leaf?id=0B6Gs4av5Se1wN2Y2YjAwOTItOTEwMC00Mz…
Told ya, we're surrounded by PIRATES, PILLAGERS, Criminal Devians, Racketeers, American MAFIA......... reference on Mafia, etc.: http://theiolani.blogspot.com/2012/04/legalnotice.html http://theiolani.blogspot.com/2012/05/iolanipart1.html
https://www.youtube.com/watch?v=QrY9eHkXTa4 Redemption Song
- More References: http://maoliworld.ning.com/forum/topics/hawaiian-kanaka-maoli-homel... theiolani.blogspot.com http://myweb.ecomplanet.com/GORA8037https://www.youtube.com/watch?v=nNh-D1wb0bw Drunken Sailor - Rapalje
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- facebook post:
- U,S. President Cleveland Gave Hawaii Back Twice,,, Agard Testimony, Williamson Chang Testimony, and some of my postings.........fyi .,important keeper for preparation for legal arguments, etc......gear up, copy, zap to family, friends.......
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