Hawaiian FOCUS ON History http://www.HawaiianKingdom.org The Relationship between the Hawaiian Kingdom and the United States of America by David Keanu Sai The United States of America was the first to rec- and undoubted right to travel and to reside in the ognize Hawaiian independence on December 19th, states of the two high contracting parties, subject to 1842. Seven years later on December 20th, a Treaty the same precaution a police which are practiced of Friendship, Commerce and Navigation was signed towards the subjects or citizens of the most favoured and ratified by both countries. The treaty came into nations…and each of the two contracting parties effect on August 24th, 1850. Since then, four con- engage that the citizens or subjects of the other resid- ventions were entered into concerning trade and ing in their respective States shall enjoy their proper- commerce, money orders and postal agreements. ty and personal security, in as full and ample manner The 1849 treaty provides the initial recognition of their own citizens or subjects, of the subjects or between the two states of the characteristics of its citizens of the most favoured nation, but subject sovereignty and equality. Professor Ian Brownlie, always to the laws and statutes of the two countries QC, an expert on public international law, states respectively.” (emphasis added). Article VIII, 1849 these characteristics to be (1) jurisdiction, prima Treaty. facie exclusive, over a territory and the permanent (3) The dependence of obligations arising from population living there; (2) a duty of non-interven- customary law and treaties on the consent of the tion in the area of exclu- obligor. The United States of sive jurisdiction of other (a) “Any citizen or subject of either party America was the first states; and (3) the depen- infringing the articles of this treaty shall be held to recognize Hawaiian dence of obligations aris- responsible for the same and the harmony and good ing from customary law correspondence between the two governments shall independence on and treaties on the consent not be interrupted thereby, each party engaging in no December 19th, 1842. of the obligor. way to protect the offender or sanction such viola- (1) Jurisdiction, prima tion.” Article XVI, 1849 Treaty. facie exclusive, over a territory and the permanent The Hawaiian Kingdom population living there. also had consular relations The Hawaiian (a) “There shall be perpetual peace and with the United States by Kingdom also had amity between the United States and the King of the having a diplomatic lega- consular relations Hawaiian Islands, his heirs and his successors.” tion at Washington, D.C., with the United States Article I, 1849 Treaty. and Consul-Generals in by having a (b) “…and each of the two contracting par- New York and San Diplomatic Legation at ties engage that the citizens or subjects of the other Francisco. The United Washington, D.C., and residing in their respective States shall enjoy their States, in turn, also had a property and personal security, in as full and ample diplomatic legation at Consul-Generals in manner of their own citizens or subjects, of the sub- Honolulu as well as a New York and San jects or citizens of the most favoured nation, but sub- Consul General. Francisco. ject always, to the laws and statutes of the two coun- On January 16, 1893, tries respectively.” Article VIII, 1849 Treaty. United States diplomatic and military personnel con- (2) A duty of non-intervention in the area of exclu- spired with a small group of individuals to overthrow sive jurisdiction of other states. the constitutional government of the Hawaiian (a) “The contracting parties engage, in Kingdom and prepared to provide for annexation of regard to the personal privileges, that the citizens of the Hawaiian Islands to the United States of the United States of America shall enjoy in the America, under a treaty of annexation submitted to dominion of His Majesty the King of the Hawaiian the United States Senate on February 15, 1893. Islands, and the subjects of his said Majesty in the Newly elected U.S. President Grover Cleveland, hav- United States of America, that they shall have free ing received notice that the cause of the so-called The Violation of International Law 2 revolution derived from intervention by U.S. diplo- correspondence dated October 18th, 1893, to newly matic and military personnel, withdrew the treaty of commissioned U.S. Minister Albert Willis, assigned annexation and appointed James H. Blount, as to the U.S. Legation in the Hawaiian Islands, Special Commissioner, to investigate the terms of the Secretary of State Gresham gave the following direc- so-called revolution and to report his findings. tive. On July 17, 1893, Special Commissioner James “On your arrival at Honolulu you will take advan- Blount reported accurately and fully upon the cir- tage of an early opportunity to inform the Queen of cumstances of the so-called revolution to U.S. this determination, making known to her the Secretary of State Walter Gresham. Secretary of President’s sincere regret that the reprehensible con- State Gresham then advised President Cleveland that duct of the American minister and the unauthorized “The provisional government was established by presence on land of a military force of the United the action of the American minister and the presence States obliged her to surrender her sovereignty, for of the troops landed from the Boston, and its contin- the time being, and rely on the justice of this ued existence is due to the belief of the Hawaiians Government to undo the flagrant wrong. that if they made an effort to overthrow it, they You will, however, at the same time inform the would encounter the armed forces of the United Queen that, when reinstated, the President expects States. that she will pursue a magnanimous course by granti- The Government of Hawaii surrendered its authori- ng full amnesty to all who participated in the move- ty under a threat of war, until such time only as the ment against her, including persons who are, or have Government of the United States, upon the facts been, officially or otherwise, connected with the being presented to it, should reinstate the constitu- Provisional Government, depriving them of no right tional sovereign, and the Provisional Government or privilege which they enjoyed before the so-called was created “to exist until terms of union with the revolution. All obligations created by the Provisional United States of America have been negotiated and Government in due course of administration should agreed upon.” A careful be assumed. "Can the United consideration of the fact Having secured the Queen’s agreement to pursue States consistently will, I think, convince you this wise and humane policy, which it is believed you insist that other that the treaty which was will speedily obtain, you will then advise the execu- withdrawn from the Senate tive of the Provisional Government and his ministers nations shall respect for further consideration of the President’s determination of the question the independence of should not be resubmitted which their action and that of the Queen devolved Hawaii while not for its action thereon. upon him, and that they are expected to promptly respecting it them- Should not the great relinquish to her constitutional authority.” selves? Our wrong done to a feeble but On December 20, 1893, U.S. Minister Albert Willis Government was the independent State by an notified Secretary of State Gresham of the Queen’s first to recognize the abuse of the authority of the acquiescence to the conditions of reinstatement dated independence of the United States be undone by December 18, 1893, which read, in part, Islands and it should restoring the legitimate “I, Lili’uokalani, in recognition of the high sense of be the last to acquire government? Anything justice which has actuated the President of the United short of that will not, I States, and desiring to put aside all feelings of per- sovereignty over them respectfully submit, satisfy sonal hatred or revenge and to do what is best for all by force and fraud." the demands of justice. the people of these Islands, both native and foreign U.S. Secretary of State Can the United States born, do hereby and herein solemnly and pledge Walter Gresham. consistently insist that other myself that, if reinstated as the constitutional sover- nations shall respect the eign of the Hawaiian Islands, that I will immediately independence of Hawaii while not respecting it them- proclaim and declare, unconditionally and without selves? Our Government was the first to recognize reservation, to every person who directly or indirect- the independence of the Islands and it should be the ly participated in the revolution of January 17, 1893, last to acquire sovereignty over them by force and a full pardon and amnesty for their offenses, with fraud.” restoration of all rights, privileges, and immunities From this advise the President deemed it proper not under the constitution and the laws which have been to resubmit the so-called treaty of annexation to the made in pursuance thereof, and that I will forbid and U.S. Senate and initiated certain steps to reinstate the prevent the adoption of any measures of proscription Hawaiian Kingdom government. In a diplomatic or punishment for what has been done in the past by Understanding the Situation 3 those setting up or supporting the Provisional representing the Hawaiian people, but all treaties Government.” made by those sovereigns with other and friendly For more political reasons than legal obligations, powers, and it is thereby in violation of international the United States fails to follow through in its com- law.