THE SENATE                           S.C.R. NO.            56
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  URGING THE UNITED STATES PRESIDENT AND CONGRESS TO ASSIST IN
    THE PROCESS OF NATIVE HAWAIIAN SELF-GOVERNANCE.



 1        WHEREAS, the community of Hawai`i is now undergoing a
 2   remarkable period of reflection and adjustment as it reviews
 3   the history of the overthrow of the sovereign and independent
 4   nation of Hawai`i on January 17, 1893; and
 5   
 6        WHEREAS, the nation of Hawai`i was overthrown as a direct
 7   consequence of the United States' military committing the first
 8   overt act of landing in Hawai`i and supporting a handful of men
 9   in the takeover of the constitutional monarchy of Hawai`i in
10   contravention to international customary and treaty laws of
11   that time; and
12   
13        WHEREAS, out of the complicity of the United States
14   military in the overthrow of the Hawaiian monarchical form of
15   government, the Provisional Government of Hawai`i was
16   immediately created, controlled, and led by men directly
17   engaged in the overthrow; and
18   
19        WHEREAS, the self-appointed President of the Provisional
20   Government, Sanford B. Dole, on July 4, 1894, proclaimed the
21   Constitution of the Republic of Hawai`i with the same Sanford
22   B. Dole as President of the Provisional Government; and
23   
24        WHEREAS, the Constitution of the Republic of Hawai`i
25   claimed title to all of the Hawaiian monarchical government's
26   lands and waters, and declared all Hawaiian citizens
27   automatically citizens of the Republic of Hawai`i; and
28   
29        WHEREAS, no opportunity for ratification or rejection of
30   this constitution was placed before the Hawaiian citizens, the
31   proclamation of Sanford B. Dole having been the only
32   requirement for adoption; and
33   
34        WHEREAS, the United States government subsequently
35   recognized the Republic of Hawai`i; and
36   

 
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 1        WHEREAS, in 1898, the Joint Resolution entitled "Joint
 2   Resolution to provide the annexing of the Hawaiian Islands to
 3   the United States", approved July 7, 1898 (30 Stat 70), ceded
 4   absolute title of all public lands held by the Republic of
 5   Hawai`i, including the government and crown lands of the former
 6   Kingdom of Hawai`i, to the United States, but mandated that the
 7   revenue generated from these lands be used "solely for the
 8   benefit of the inhabitants of the Hawaiian Islands for
 9   educational and other purposes"; and
10   
11        WHEREAS, the treaty of annexation failed to obtain two-
12   thirds approval of the United States Senate as required by the
13   United States Constitution and was subsequently resubmitted by
14   the McKinley administration as a joint resolution of Congress,
15   eventually receiving a mere majority vote of both houses of
16   Congress on July 7, 1898, but nonetheless, treated as having
17   met United States constitutional requirements, based on which
18   Sanford Dole of Hawai`i and Harold M. Seawall, Minister of the
19   United States to the Republic of Hawai`i, joined in a formal
20   ceremony transferring the sovereignty and public property of
21   the Hawaiian Islands; and
22   
23        WHEREAS, the public property of the Hawaiian Islands as
24   well as the sovereignty transferred in 1898 became the basis
25   upon which the Territory of Hawai`i and eventually the State of
26   Hawai`i, both entities created by the United States Congress,
27   assumed title over its ceded lands and jurisdiction over the
28   former Hawaiian citizens and their descendants; and
29   
30        WHEREAS, in 1921, in recognition of the severe decline in
31   the native Hawaiian population from the estimated 1,000,000
32   native Hawaiians in 1778 to 22,600 native Hawaiians in 1919,
33   the United States Congress enacted the Hawaiian Homes
34   Commission Act (HHCA), 1920, which designated approximately
35   200,000 acres of the ceded public lands for homesteading by
36   native Hawaiians, thus affirming the special relationship
37   between the United States and the native Hawaiians.  As then
38   Secretary of the Interior Franklin K. Lane was quoted in the
39   committee report for the HHCA, 1920:  "One thing that impressed
40   me... was the fact that natives of the islands whom are wards,
41   I should say, and for whom in a sense we are trustees, are
42   falling off rapidly in numbers and many are in poverty"; and
43   

 
 
 
 
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                                  S.C.R. NO.            56
                                                        
                                                        

 
 1        WHEREAS, on November 23, 1993, United States President
 2   William Jefferson Clinton signed into effect Public Law
 3   103-150, a joint resolution that acknowledged the one hundredth
 4   anniversary of the January 17, 1893, overthrow of the Kingdom
 5   of Hawai`i and that it was contrary to the laws of the United
 6   States Constitution and international law; and
 7   
 8        WHEREAS, in Public Law 103-150, the United States
 9   apologized to the Native Hawaiians on behalf of the United
10   States for the overthrow of the Kingdom of Hawai`i and
11   expressed its commitment to acknowledge the ramifications of
12   this illegal act in order to provide a proper foundation for
13   reconciliation between the United States and the Native
14   Hawaiian people; now, therefore,
15   
16        BE IT RESOLVED by the Senate of the Twentieth Legislature
17   of the State of Hawaii, Regular Session of 1999, the House of
18   Representatives concurring, that the President of the United
19   States and the United States Congress are urged to take
20   definitive actions to right the wrongs as expressed in Public
21   Law 103-50; and
22   
23        BE IT FURTHER RESOLVED that certified copies of this
24   Concurrent Resolution be transmitted to the President of the
25   United States, the President of the United States Senate, the
26   Speaker of the House of Representatives, Hawaii's Congressional
27   Delegation, the Attorney General of the United States, the
28   Chairperson of the Senate Select Committee on Indian Affairs,
29   the Governor, and the Board of Trustees of the Office of
30   Hawaiian Affairs.
31 
32 
33 
34                         OFFERED BY:  ____________________________