U.S. President Gave Hawaii Back to Queen Liliuokalani 3X!, the Secret Information of the Seizure of Hawaii Exposes More Proof of Wrongs by the U.S. and Validating the Existence of the Hawaiian Kingdom
Reviewed by Amelia Gora (2019)
The Hawaiian Monarchy Restored - article in the HAWAII HOLOMUA appeared in 1893:
See:
Tuesday, October 24, 2017
U.S. President Cleveland Gave Hawaii Back to Queen Liliuokalani Twice (2x), With Legal and Researched Information Showing the Existence of the Kingdom of Hawaii
The article covers the facts that U.S. President Cleveland Gave Hawaii Back Again in 1894, and again in 1897.
and
The Secret Information of Seizure of Hawaii Exposes More Proof of Wrongs by the U.S.
."Archives takes wraps off 1899 Senate transcript, Secret debate on U.S. seizure of Hawaii revealed"
Reference: https://iolani-theroyalhawk.blogspot.com/2019/09/pirate-eyes-on-hawaii-series-archives.html
Honolulu Star-Bulletin, Vol. 58, No. 32, Saturday, February 1, 1969
The following are important excerpts of the above article:
"WASHINGTON (AP) - Now it can be told--what happened during the longest of three secret Senate cessions, during the Spanish-American War, a debate over whether to take over Hawaii."
"The debate of nearly three hours on that day - May 31, 1898 - and in two secret sessions the previous month had remained locked up until last week. Then at the request of a historian who noted gaps in the Congressional Record, the Senate passed a resolution authorizing the National Archives to take the wraps off the debate transcript."
"The government's only explanation for the long suppression of the debate records is that they had been long forgotten."
"THE SECRECY WAS clamped on during a debate over whether to seize the Hawaiian Islands - called the Sandwich Islands then - or merely developing leased areas of Pearl Harbor to reinforce the U.S. fleet iat Manila Bay."
"PEARL HARBOR, ALREADY UNDER LEASE, Stewart argued, wouldn't be much use until costly dredging operations opened the entrance channel. "Either we must have the Sandwich Islands," he declared, "or the administration must recall Dewey."
"THE UNITED STATES ANNEXED the Hawaiian Islands five weeks after that debate. But before the Senate reopened its doors that day, Morgan steered the discussion back to Cuba, the original cause of the war with Spain."
"The first secret session, April 25, 1898, involved technical and emotional debate over wording the declaration of war and why it or some accompanying resolution did not formally recognize the independence of Cuba or at least declare the Cubans to have the rights of belligerents in the conflict."
"THE SENATE ENDED UP BY ACCEPTING the House passed version reading that "war and the same is hereby declared to exist and that war has existed since the 21st of April" - four days earlier."
"Dropped from the final declaration was a Senate proposed tagline requiring the administration to "prosecute said war to a successful conclusion."
"Sen. Stephen White of California joined the unanimous vote for war "even with that mild prevarication" about when the war started."
**************
Note - The following Lies are documented in the above article:
U.S. debate on whether to take over Hawaii occurred five (5) years AFTER taking over
Hawaii, a neutral, friendly, non-violent nation in a planned move since 1840.
PEARL HARBOR WAS UNDER LEASE
ANNEXATION OF HAWAII WAS A LIE
WAR WITH SPAIN WAS MADE WITHOUT THE SENATE APPROVAL because War
started/existed "four days earlier"
Through a concerted effort by American Missionary families in the Hawaiian Islands, and supported by the United States Presidents, military, Federal employees, etc., including a planned group who signed the Secret Treaty of Verona in 1822, the move to usurp Monarchial governments began with the target including the Hawaiian Kingdom/Kingdom of Hawaii/Sandwich Islands/Hawaiian Islands/Hawaiian archipelago/Ko Hawaii Pae Aina/He Mokupuni Pae Aina o Hawaii.
1822 - Secret Treaty of Verona signed by Austria, France, Prussia, Russia, Great Britain, United States, and the Vatican - complemented in maintaining obedience among the people. The goal was to break down Monarchial governments worldwide and move towards a one-world order/new world order.
1840 - United States Presidents helped to premeditate the annexation/takeover of a neutral, friendly, non-violent nation since the time of U.S. President Tyler.
Other U.S. Presidents planning annexation of Hawaii were:
U.S. President Taylor
U.S. President Fillmore
U.S. President Pierce
U.S. President Johnson
U.S. President Grant
U.S. President Harrison
Note: The above names and more appeared in a 1897 newspaper article with information from the General, ex-Secretary of State John Foster who directed the usurpation of Queen Liliuokalani in 1893.
Reference: http://iolani-theroyalhawk.blogspot.com/2018/11/united-states-secretary-of-state-john-w.html
1892 - Premeditation to take over the Kingdom of Hawaii is recorded. See: http://www.opednews.com/Diary/More-Evidence-on-Pearl-Har-by-Amelia-Gora-110607-440.html theiolani.blogspot.com http://myweb.ecomplanet.com/GORA8037
1893 - Researcher Shane Lee found the Pearl Harbor Coaling Station article revealing Premeditation on the part of the U.S. in the New YorkTimes newspapers dated 1893 - January 9, 1893 posted - he found it in 1997 thereabouts.
Criminal invasion and dethronement of Hawaii's Queen Liliuokalani. We were invaded by the USS BOSTON with gatling guns, Horitzer cannons. The U.S. military surrounded her and held her at gunpoint.
Evidence of Genocide against our Hawaiian people posted showing that Tongues of our people were pulled, cut off. 800 subjects were beheaded according to oral history. See: http://iolani-theroyalhawk.blogspot.com/2016/11/genocide-repost-hawaiians-got-their.html
150+ were recorded to have been beheaded by guillotine on the Big Island. Other articles posted at https://www.youtube.com/watch?v=PkUxPlwombA
1893 - December. U.S. President Cleveland Gave Hawaii Back to Queen Liliuokalani.
1894 - U.S. President Cleveland restored Queen Liliuokalani to the throne. See: http://iolani-theroyalhawk.blogspot.com/2018/04/vol-vii-no-700-part-1a-us-president.html
1897 - Queen Liliuokalani took Hawaii back 4 million acres of Kingdom of Hawaii land, documented through the Red Ribbon document. See references below.
1897 - President Cleveland Gave Hawaii Back to Queen Liliuokalani.http://query.nytimes.com/mem/archive-free/pdf…
1897 - General, ex- Secretary of State John Foster revealed the Premeditation plans of the United States Presidents with the intent to usurp the Hawaiian Kingdom by the United States Presidents since 1840.
Reference: http://iolani-theroyalhawk.blogspot.com/2018/11/united-states-secretary-of-state-john-w.html
1898 - United States Senate violated our Neutrality. See: https://www.youtube.com/watch?v=MO6zyAoG-QM
Note: Joint Resolution does not apply to us. It is a domestic law of the 48 States - the contiguous states.
1898 - April and May. Secret information of Seizure of Hawaii published in 1969 or 71 years later.
"The debate of nearly three hours on that day - May 31, 1898 - and in two secret sessions the previous month had remained locked up until last week. Then at the request of a historian who noted gaps in the Congressional Record, the Senate passed a resolution authorizing the National Archives to take the wraps off the debate transcript."
1898 - August 12.
HAWAII REPORTS, Volume 11 - IN RE AH HO, et. al. shows on page 665 "In the exercise of the power conferred by the first of these two provisions, the President of the United States, on August 12, 1898, directed by proclamation, that "the civil, judicial and military powers in question shall be exercised by the officers of the Republic of Hawaii, as it existed just prior to the transfer of sovereignty, subject to his power to remove such officers and to fil vacancies," and after reiterating the second of these and other provisions of the Resolution, further directed that, "under these various provisions, the Government of the islands will proceed without interruption." The intention of Congress was to continue the existing government of the islands in operation without interruption, except in so far as it might be inconsistent with the Constitution or treaties of the United States or with the terms of the Resolution. Subject to this limitation only, the judicial power was to continue as it existed just prior to the transfer of sovereignty."
"Article 82 of the Constitution of Hawaii vested the judicial power of the Republic in one Supreme Court and in such inferior Courts as the Legislature might, from time to time, establish; and Article 85 provided: "The Judicial power shall extend to all cases in law and equity, arising under the Constitution and Laws of the Republic, and Treaties; to all cases affecting Public Ministers and Consuls, and to all cases of Admiralty and Maritime Jurisdiction."....
Reference:
HAWAII REPORTS, Volume 11, RH 345.4 H31 v.11 (date of the case is January 1899)
1899 - The United States of America became two nations: (1) United States and (2) American Empire.
Reference: PEACOCK vs. Republic of Hawaii Case (1899), HAWAII REPORTS, Archives, Main Library, and Supreme Court Law Library, Honolulu, Oahu.
President McKinley "directed" and "proclaimed" Hawaii to be a Territory
1900 - Organic Act - there's no metes and bounds.
1903 - Sanford B. Dole took away the Hawaiian language - Genocide.
1915 - Queen Liliuokalani was placed on the throne for one day. (Paradise of thePacific Magazine)
1916 - Nations which agreed to the 1822 Secret Treaty of Verona to break down Monarchy governments worldwide met. Evidence is shown in the Congressional records.
1921 - Hawaiian Homelands illegal. Kuhio was only a Prince Regent. He accepted a settlement of Waikiki Beach front lands for the claims that the Queen's Trust deed was a fraud.
Note: Prince Kuhio was a treasonous person, he moved to annex Hawaii to the United States, etc.
1933 - "The United States went “Bankrupt” in 1933 and was declared so by President Roosevelt by Executive Orders 6073, 6102, 6111 and Executive Order 6260 [See: Senate Report 93-549, pgs 187 & 594 under the “Trading With the Enemy Act” {Sixty-Fifth congress, Sess. I, chs. 105,106, October 6, 1917}, and as codified at 12 U.S.C.A. 95a}. The several States of the Union then pledged the faith and credit thereof to the aid of the National Government, and formed numerous socialist committees, such as the “Council of State Governments”, “Social Security Administration” etc., to purportedly deal with the economic “Emergency”. These Organizations operated under the “Declaration of INTERdependence” of January 22, 1937, and published some of their activities in “The Book Of The States.” The 1937 Edition of The Book Of The States openly declared that the people engaged in such activities as the Farming/Husbandry Industry had been reduced to mere feudal “Tenants” on their Land [Book Of The States, 1937, pg. 155]." Reference: article by John Nelson, Legal Researcher.
1939 - Army Navy and Federal officials developed the Territory - celebration of 40 years newspaper
1988 - President Reagan's era, it was found that there is no treaty that holds the Kingdom of Hawaii to the United States....they are making the Archipelago as a National Park - they have no treaty. Oct. 4 - they could not find the laws.
There is no treaty of cession, there was no war. Queen Liliuokalani acquiesced.
Researcher Kilikina Kekumano https://www.youtube.com/watch?v=_2dfm7MeXfM
1997 - Governor Cayetano began to sell Magnesium to China by allowing them to mine our minerals.
1998 - Williamson Chang began his legal research on the Joint Resolution, etc. https://www.youtube.com/watch?v=PkUxPlwombA https://www.youtube.com/watch?v=6ZWO0you8JM
2000 - U.S. Supreme Court Justices Memo reveals there was no legal annexation:
2001 - Kilikina Kekumano began her research in Maryland.
2010+ - Williamson Chang Reveals the Illegal Joint Resolution of July 7, 1898. See: https://www.youtube.com/watch?v=6ZWO0you8JM https://www.youtube.com/watch?v=PkUxPlwombA
Kilikina Kekumano found Queen Liliuokalani's Opposition to Annexation "red ribbon documents" - it is a lien. She maintains that we are Hawaii Ko Pae Aina.
2015 - Misprison of Treason/Treason committed by Nai Aupuni/Na'i Aupuni, et. als. - Kilikina Kekumano.
Nai Aupuni /Na'i Aupuni is there to steal Everything that you have, committing a crime, Misprison of Felony, Treason/Misprison of Treason, Genocide, Misprison of Felony is committed by the United States Department of Interior. See: https://www.youtube.com/watch?v=MO6zyAoG-QM
2016 - http://amelia-gora.blogspot.com/ update - Rents sent to the State, Federal....Rents becomes Land Lord Liens, etc.
Nai Aupuni/Na'i Aupuni, the Military et. als. are Not our Friends.
2017 - Alodio Titles were gifted to kanaka maoli/kanaka Hawaii maoli by Kamehameha III - Kauikeaouli. They are "forever" lands. To Aliens, they could only have Fee Simple titles or less than alodio, 30 year leases, freehold.
Disabilities were that the United States and Great Britain could not own land in the Hawaiian Islands.
2018 - U.S. President Cleveland Gave Hawaii Back to Queen Liliuokalani Twice. Article posted for all to see.
Reference:
2018 - "Constitutional Separation of Powers. I looked it up and found within the Separation of Powers was "The Doctrine of Political Question". In this doctrine it speaks of land if created by another Country can not be decided in court. It is of a political matter between the Executives." - cases dismissed with prejudice - Joyclynn Acosta.
"Land cases, especially developments they claim to own portions of LCA/RP according to the Doctrine it may appear to be with in the courts jurisdiction but it is not, It is of a political matter." in other words, all issues of our nation falls under "The Doctrine of Political Question" found within the Separation of Powers".
Separation of Powers was "The Doctrine of Political Question". In this doctrine it speaks of land if created by another Country can not be decided in court. It is of a political matter between the Executives. The Judge took a look at the letter asked a few questions flipped thru his books and accepted my oral motion to dismiss with prejudice. The prosecutor had nothing else to rebut and the Judge rendered a decision to grant the Dismissal with Prejudice. I know this was not of my doing but the grace of ke Akua that worked this case. You see we were not suppose to appear that because the case was already dismissed w/out prejudice."
"Yes when you look at, especially developments they claim to own portions of LCA/RP according to the Doctrine it may appear to be with in the courts jurisdiction but it is not, It is of a political matter." - Joyclynn Acosta (2018)
Reference:
University of Hawaii Law School Head and Professor Williamson Chang's research shows that there was no annexation.
2018 - Letters and memorandum written by Dr. Alfred M. deZayas – the United Nations Independent Expert under the Office of the High Commissioner for Human Rights – to members of the judiciary of the State of Hawai‘i advising the courts “should not lend themselves to a flagrant violation of the rights of the land title holders” and “must not enable or collude in the wrongful taking of private lands”, based on the understanding that Hawaii is a “sovereign nation-state in continuity” which is “under a strange form of occupation by the United States resulting from an illegal military occupation and fraudulent annexation.”
Reference:
Summary
President McKinley "directed" and "proclaimed" Hawaii to be a Territory. Too late though because President Cleveland Gave Hawaii back to Queen Liliuokalani years earlier.
President McKinley also started a War against Spain over Cuba without the approval of Congress, and contrary to the U.S. Constitution.
Identity Theft documented in the 1912 Pa Pelekane Case. The "Territory" of the United States was documented by the Attorney General to be "the successor of the Kingdom of Hawaii", which was a fraud. The heirs and successors are the Kamehameha family's, and Not an alien government who did premeditate the takeover of a neutral, friendly, non-violent nation.
Research proves that the U.S. is illegal in the Hawaiian Kingdom/Kingdom of Hawaii, lied about Annexation, etc., and did premeditate the usurpation of the Hawaiian Kingdom/Kingdom of Hawaii with plans noted since 1840.
Researchers includes Kilikina Kekumano, Joyclynn Acosta, University of Hawaii Professor Williamson Chang, U.S. Supreme Court Justices, and Dr. Alfred deZayas of the United Nations.
Note about Dr. Alfred deZayas:
He previously served as Secretary of the U.N. Human Rights Committee and Senior Lawyer with the U.N. High Commissioner for Human Rights. He is a Cuban-born U.S. citizen with a J.D. from Harvard Law School. He currently teaches at the Geneva School of Diplomacy and International Law.
aloha.
more references:
p.s. The identity thieves/imposter government or the non-government sued some of us in Court, over the Crown Lands, which really belongs to Kamehameha III - Kauikeaouli, 'himself, his heirs and successors forever, exclusively' not the developed Territory which turned into a State through Executive Order of U.S. President Eisenhower with documented opposition by one of Kamehameha's descendants, heirs, and successors named Harold Abel Cathcart, first cousin of some of our great grandmother Mele Kauweloa.
Evidence found recently shows that U.S. President Cleveland Gave Hawaii Back to Queen Liliuokalani. See: President Cleveland Gave Hawaii Back to Queen Liliuokalani https://docs.google.com/leaf? id= 0B6Gs4av5Se1wN2JkZjMxMzEtMDIyN i0...
Also see at: http://query.nytimes.com/mem/archive-free/pdf…
Opposition to Annexation was documented. See: Opposition to Annexation - page 1 (researcher Kiliwehi Kekumano found the true Opposition in Maryland) https://docs.google.com/leaf… to Annexation Page 2 https://docs.google.com/leaf…... Opposition to Annexation page 3 https://docs.google.com/leaf… to Annexation - page 4 https://docs.google.com/leaf….
Joint Resolution is Not a Treaty. Annexation by the U.S. was illegal. U.S. is an Occupier, an Illegal Occupier See: https://www.youtube.com/watch?v=_2dfm7MeXfM and https://www.youtube.com/watch?v=fjELyim8q80
U.S. President Cleveland left office in 1897 and U.S. President William McKinley became President. McKinley was shot and died from gangrene after the Army, Navy, and Federal personnel "developed the territory".
Identity theft was identified in the PA PELEKANE case of 1912. Reference: HAWAIIAN REPORTS, 1912, Archives/Main Library/Supreme Court Law Library, Honolulu, Oahu, Hawaii.
Other references and other information:
Premeditation to take over Pearl Harbor - Page 1 (found by researcher Shane Lee) https://docs.google.com/leaf…... Premeditation to take over Pearl Harbor - page 2 https://docs.google.com/leaf…... Opposition to Annexation - page 1 (researcher Kiliwehi Kekumano found the true Opposition in Maryland) https://docs.google.com/leaf… to Annexation Page 2 https://docs.google.com/leaf…... Opposition to Annexation page 3 https://docs.google.com/leaf… to Annexation - page 4 https://docs.google.com/leaf…...
More References: http://amelia-gora.blogspot.com/…/november-2016-update-brie… theiolani.blogspot.com http://myweb.ecomplanet.com/GORA8037
SAYS GOVERNMENT SUPPORTS TRUSTS; Mr. Hitchcock Condemns System of Army and Navy Contracts. ARMOR PLATE AS EXAMPLE Beef Trust, Shipbuilding Trust, and Railroads Cited -- Bates Calls Cleveland a Receptive Candidate.
WASHINGTON, Feb. 20. -- That the Federal Government, which is supposed to be after the trusts, is making large contracts with them and paying them the people's money, was charged by Representative Hitchcock (Dem., Neb.) in the course of a vigorous criticism of the army and navy expenditures in the H...
http://www.opednews.com/Diary/More-Evidence-on-Pearl-Har-by-Amelia-Gora-110607-440.html
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Reference:
All 774 issues of the IOLANI - The Royal Hawk news on the web published by Amelia Gora
https://he-mokupuni-pae-aina-o-hawaii.blogspot.com/2018/04/important-historical-events-keep-for.html
United States Secretary of State John W. Foster "helped ...
Hawaiian Kingdom: February 2019 - he-mokupuni-pae-aina-o ...
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Reference:
U.S. President Cleveland Rocks! He Gave Hawaii Back to Queen Liliuokalani 3X ! McKinley Should have been IMPEACHED!
https://iolani-theroyalhawk.blogspot.com/…/hawaiian-kingdom… U.S. President Cleveland gave Hawaii Back 3X - 1893, 1894, and 1897 ….which means the claims by U.S. President McKinley is Fraud and he should have been Impeached....he also started the Spanish- American War WITHOUT the approval of U.S. Congress!
Reference:
Wednesday, September 18, 2019
Hawaiian Kingdom is the Best Series: U.S. President Cleveland Gave Hawaii Back 3 X
Friday, August 16, 2019
Vol VII No. 766 - Hawaiian Monarchy Restored Evidence:: The Return 1893, 1894, and 1897 Mandated by the Preservation, Protection, and Defense of the U.S. Constitution
Hawaiian Monarchy Restored Evidence: The Return 1893, 1894, and 1897 Mandated by the Preservation, Protection, and Defense of the U.S. Constitution
or
WHY THE ENTITY IS AND REMAINS AN ILLEGAL STATE OF HAWAII AND TRULY ARE THE SQUATTERS OF HAWAII
Researched by Amelia Gora (2019)
The following shows more reasons why /the Evidence of Why the Hawaiian Monarchy Government/ Hawaiian Kingdom is and remains the true, lawful government in the Hawaiian Islands/Hawaiian archipelago:
December 07, 1893
U.S. President Cleveland Gave Hawaii Back to Queen Liliuokalani Twice (2x), With Legal and Researched Information Showing the Existence of the Kingdom of Hawaii
U.S. President Cleveland Gave Hawaii Back to
Queen Liliuokalani Twice (2x),
With Legal and Researched Information Showing The Existence of the Kingdom of Hawaii
Review by Amelia Gora (2017)
The following are important facts, issues reveals that the Kingdom of Hawaii continues to exist:
1894
U.S. President Cleveland Gave Hawaii back to Queen Liliuokalani:
"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:
1897
U.S. President Cleveland Again Gave Hawaii back to Queen Liliuokalani.
see: President Cleveland Gave Hawaii Back to Queen Liliuokalani https://docs.google.com/leaf?id=0B6Gs4av5Se1wN2JkZjMxMzEtMDIyNi00YW…
2011
The following testimony by Kingdom of Hawaii Patriots reveals the following:
Reference: http://maoliworld.com/forum/topics/pono-alert-long-live-the-2
2015 -
Williamson Chang · Princeton University
Williamson Chang · Princeton University
Amelia Gora · Works at Self-Employed
Reply by
on
or
WHY THE ENTITY IS AND REMAINS AN ILLEGAL STATE OF HAWAII AND TRULY ARE THE SQUATTERS OF HAWAII
Researched by Amelia Gora (2019)
The following shows more reasons why /the Evidence of Why the Hawaiian Monarchy Government/ Hawaiian Kingdom is and remains the true, lawful government in the Hawaiian Islands/Hawaiian archipelago:
December 07, 1893
U.S. President Cleveland Gave Hawaii Back to Queen Liliuokalani Twice (2x), With Legal and Researched Information Showing the Existence of the Kingdom of Hawaii
U.S. President Cleveland Gave Hawaii Back to
Queen Liliuokalani Twice (2x),
With Legal and Researched Information Showing The Existence of the Kingdom of Hawaii
Review by Amelia Gora (2017)
The following are important facts, issues reveals that the Kingdom of Hawaii continues to exist:
1894
U.S. President Cleveland Gave Hawaii back to Queen Liliuokalani:
"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:
—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
1897
U.S. President Cleveland Again Gave Hawaii back to Queen Liliuokalani.
see: President Cleveland Gave Hawaii Back to Queen Liliuokalani https://docs.google.com/leaf?id=0B6Gs4av5Se1wN2JkZjMxMzEtMDIyNi00YW…
2011
The following testimony by Kingdom of Hawaii Patriots reveals the following:
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.
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.
Amelia Gora · Works at Self-Employed
Jr Kuroiwa sad to see that many kanaka maoli don't know the true history....know that Premeditation has been uncovered which shows the conspiracies, the pillaging, piracy of a neutral, friendly, non-violent nation by broke ass/bankrupt nations including the U.S. and England....readhttp://query.nytimes.com/gst/abstract.html?res=9F0CE6DC1F3FEF33A2575AC0A9679C94629ED7CF for starters then read all 537 issues of the IOLANI - The Royal Hawk news on the web theiolani.blogspot.com or accelerate your learning by reading the latest Legal Notice to President Obama, Governor Ige, et. als. because the Royal Families still exist...the land owners, the true Hawaiian Kingdom exists whether anybody likes it or not...and are the only parties to the permanent Treaty of 1850 at http://theiolani.blogspot.com/2015/03/special-posting-saturday-3715.html oh by the way Scalia is bound by the U.S. Constitution because the treaty supersedes State, Federal laws....and it was locked in place before the usurpation of the American people as documented by the bankers Secret Constitution in 1871 with the information thanks to and by whistle blowers Karen Hudes, World Bank; Vladimir Putin, Russia - who denounces One World Order/New World Order, etc. which can be seen at http://maoliworld.ning.com/forum/topics/updated-chronological-history-of-our-queen-liliuokalani-by-amelia and http://maoliworld.ning.com/forum/topics/updated-chronological-history-of-our-queen-liliuokalani-by-amelia by the way appears that my letter is the only one on the whitehouse website http://www.whitehouse.gov/assets/formsubmissions/54/c1dc2d2b35964f0392b21da2d9b05b42.pdf bet you that even you don't know that the U.S.A. became the U.S. and the American Empire documented in court case Peacock vs. the Republic of Hawaii in 1899.....bet you didn't know that the treasonous persons/conspirators/pirates /pillagers also placed Queen Liliuokalani back on the throne for a day in 1915 to celebrate the European's Balboa who visited the Pacific Ocean in 1514, etc....... empower yourself with knowledge, then blast the hell out of those who lie.......and by the way spread the truth and deny that the entity House of Representatives turned conspirator, treasonous persons supported by the U.S. and the American Empire, turned Provisional government, then Republic of Hawaii, then Territory of Hawaii, and State of Hawaii by U.S. President Eisenhower's executive order, are successors to our Hawaiian Kingdom as claimed in "THE MATTER OF THE PETITION OF THE TERRITORY OF HAWAII TO REGISTER AND CONFIRM ITS TITLE TO CERTAIN LAND SITUATE IN LAHAINA, ISLAND OF MAUI, TERRITORY OF HAWAII, AND KNOWN AS PA PELEKANE" (1912), HAWAII REPORTS Vol 21, Supreme Court of Hawaii, RH 345.4 H32 v.21 pg. 177
"That the Territory, as successor to the Kingdom of Hawaii, has obtained title to this lot by prescription."
There was no treaty of Annexation, the Kamehameha III - Kauikeaouli's heirs and successors exists and are parties to the 1850 Treaty of the Hawaiian Kingdom and the United States of America....,. ;) Many nations are watching us because we're from a neutral, friendly, non-violent nation and we're surrounded by Pirates/Pillagers etc....wicked lot.... aloha.........the best to Kanaka Maoli, Konohiki, Assistant Konohiki, and Friends
"That the Territory, as successor to the Kingdom of Hawaii, has obtained title to this lot by prescription."
There was no treaty of Annexation, the Kamehameha III - Kauikeaouli's heirs and successors exists and are parties to the 1850 Treaty of the Hawaiian Kingdom and the United States of America....,. ;) Many nations are watching us because we're from a neutral, friendly, non-violent nation and we're surrounded by Pirates/Pillagers etc....wicked lot.... aloha.........the best to Kanaka Maoli, Konohiki, Assistant Konohiki, and Friends
Texas was taken over, occupied by the same sugar planters from the Hawaiian Islands who occupied Mexican Territory, then had the U.S. Calvary help to protect their asses/er assets....that was a good Freudian slip...lol.......anywayz if you view the characters involved, you'll see that even today many of the Texans have their roots, relatives residing in the Hawaiian Islands....for example, the Cutter family in the Hawaiian Islands and their relative who moved over from Texas named Linda Lingle who became Governor....and recently she's back in the news http://bipartisanpolicy.org/person/linda-lingle/....red flags because the 'One World order activists seems to be spanning from the Hawaiian Islands, Texas, and Illinois with the Booth families........fyi....the Booth's are Obama's families by the way...... they are also Confederate General Robert E. Lee's bloodlines who was one of the heirs of George Washington's whose wife was a stock holder in the Bank of England........Obama is from a pirate, pillaging banker family being part of ( faggot )Charles Reed Bishop's sister who was a namesake of Bernice Pauahi Bishop., Charles Reed Bishop who was married to Bernice Pauahi Bishop was a banker, whose lover was William Lee, an American Consulate worker, attorney, judge.... anywayz see http://maoliworld.ning.com/forum/topics/exposing-obama-charles-reed... The Booth family appears to be tied to the One World Order, etc. due to the descendants being part of the auto sales (including Cutter - cousin of Linda Lingle); food chain - Foodland; airline industry, and the Bank of Hawaii....the bankers....their ancestor Booth was a "nigger hating" Englishman documented....his widow married into the Long's family (could it be the Long's Drugs chain? - research incomplete)... he had a son John Booth who went missing around the time U.S. President Lincoln was shot/assassinated..... also the Bush family also has its roots in the Hawaiian Islands....they have cousins here....and appears Candoleeza Rice too...the Rice family on the outer islands, etc..... observing that the various players, the pirates, pillages of the Hawaiian Islands and the world are the same people who have their wealth off of our Hawaiian monies, the Middle East areas due to the oil ---- car companies---airlines connections.... oh, interestingly the Court of Claims that Queen Liliuokalani entered in over the Crown Lands.which was claimed Ceded by the treasonous persons...Booth declared that the Ceded lands belonged to the office and not Queen Liliuokalani, etc.....(do you see more of the criminal wrongs? the wrongs by criminal deviants with roots from the same families?).....had Fenton Booth as the newly appointed Judge of the period...he was from Illinois....the same area where Obama attended school....the same think tank that houses the One World Order/New World Order activists.... hope everyone also smells something stink too....http://maoliworld.ning.com/forum/topics/exposing-obama-thru-genealo... also see what the greed is all about in the following film by Kili Kekumano and watch a LepreCON Pirate named (former Governor and Congressman) Neal Abercrombie explain it well in his greedy little low life way.... https://www.youtube.com/watch?v=fjELyim8q80 oh by the way Kamehameha's families/the Royal Families exists.... the heirs are here fyi.....and the entity State of Hawaii who claim to be successors of the Kingdom of Hawaii are Not related to us! Empower yourselves with knowledge folks and watch all the greedy players who are not even kanaka maoli! ;)
aloha.Reference:- http://maoliworld.com/forum/topics/judge-scalia-a-disinformer-or-uninformed-or-one-world-activist
- othe references:
13) 1897-
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.htmlhttps://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/GORA8037
https://www.youtube.com/watch?v=nNh-D1wb0bw Drunken Sailor - Rapalje - **************************
- 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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