Harper's Encyclopedia of United States History
Benson Lossing, Ed.

I do not deem it necessary to discuss at any length the conditions which have resulted in this decisive action. It has been the policy of the administration not only to respect but to encourage the continuance of an independent government in the Hawaiian Islands, so long as it afforded suitable guarantees for the protection of life and property and maintained a stability and strength that gave adequate security against the domination of any other power. The moral support of this government has continually manifested itself in the most friendly diplomatic relations, and in many acts of courtesy to the Hawaiian rulers. The overthrow of the monarchy was not in any way prompted by this government, but had its origin in what seems to have been a reactionary and revolutionary policy on the part of Queen Liliuokalani, which put in serious peril not only the large and preponderating interests of the United States in the islands, but all foreign interests and, indeed, the decent administration of civil affairs and the peace of the islands.

It is quite evident that the monarchy had become effete and the queen's government so weak and inadequate as to be the prey of designing and unscrupulous persons. The restoration of Queen Liliuokalani to her throne is undesirable, if not

A Hospital in Honolulu.

[318] impossible, and unless actively supported by the United States would be accompanied by a serious disaster and the disorganization of all business interests. The influence and interest of the United States in the islands must be increased and not diminished. Only two courses are now open—one, the establishment of a protectorate by the United States, and the other, annexation full and complete. I think the latter course, which has been adopted in the treaty, will be highly promotive of the best interests of the Hawaiian people, and is the only one that will adequately secure the interests of the United States.

These interests are not wholly selfish. It is essential that none of the other great powers shall secure these islands. Such a possession would not consist with our safety and with the peace of the world. This view of the situation is so apparent and conclusive that no protest has been heard from any government against proceedings looking to annexation. Every foreign representative at Honolulu promptly acknowledged the provisional government, and I think there is a general concurrence in the opinion that the deposed queen ought not to be restored.

Prompt action upon this treaty is very desirable. If it meets the approval of the Senate, peace and good order will be secured in the islands under existing laws until such time as Congress can provide by legislation a permanent form of government for the islands. This legislation should be, and I do not doubt will be, not only just to the natives and all other residents and citizens of the islands, but be characterized by great liberality and a high regard to the rights of all people and of all foreigners domiciled there.

The correspondence which accompanies the treaty will put the Senate in possession of all the facts known to the executive.

Letter of the Secretary of State to the President

The undersigned, Secretary of State, has the honor to lay before the President, with a view to obtaining the advice and consent of the Senate thereto, should such a course be, in the judgment of the President, for the public interest, a treaty, signed at Washington on Feb. 14, by the undersigned and the accredited commissioners of the existing provisional government of the Hawaiian Islands, in representation of their respective governments, for the full and absolute cession of the said islands and all their dependencies to the United States forever, with provision for the temporary government of these islands under the sovereign authority of the United States, until Congress shall otherwise enact. With this treaty the undersigned submits to the President copies of the correspondence recently exchanged, showing the course of events in the Hawaiian Islands as respects the overthrow of the late monarchical form of government, the creation of a provisional government thereof in the name of the Hawaiian people, the recognition of the same by the representatives there of the United States and of all other powers, the despatch of a, commission to the capital to negotiate for a union of the government of the Hawaiian Islands with the government of the United States, and the outcome of those negotiations in the treaty herewith submitted.

The change of government in the Hawaiian Islands, thus chronicled, was entirely unexpected so far as this government was concerned. It is true that for some months past the Hawaiian press and the advices received from the diplomatic and consular representatives at Honolulu indicated political uncertainty, party intrigues, and legislative opposition, but not more so than at many times in the past history of the islands, and certainly not suggestive of any overthrow of the monarchy through popular resistance to the unconstitutional acts of the late sovereign. At no time had Mr. Stevens been instructed with regard to his course in the event of a revolutionary uprising. The well-established policy of this government, maintained on many occasions from its earliest establishment, to hold relations with any De facto government in possession of the effective power of the state, and having the acquiescence of the governed, being ample to meet unforeseen contingencies, no instructions in this [319] specific sense were indeed necessary; and the minister, without explicit instructions, was expected and constrained to use his best judgment, in accordance with fundamental precedent, as the emergency should arise.

The change was, in fact, abrupt and unlooked for by the United States minister or the naval commander. At a moment of apparent tranquillity, when the political excitement and controversy of the immediately preceding three months had been to all appearances definitely allayed, and when, as appears from despatches from the minister and from the commanding officer of the Boston, a settlement of differences seemed to have been reached, Minister Stevens quitted the capital for a brief excursion of ten days to a neighboring island on the Boston, the only naval vessel of the United States at the islands. On returning to Honolulu, on Jan. 14, the crisis was found to be in full vigor and to have already reached proportions which made inevitable either the success of Queen Liliuokalani's attempt to subvert the constitution by force or the downfall of the monarchy.

On Saturday, Jan. 14, the capital was wholly controlled by the royal troops, including a large additional force of over 500 armed men, not authorized by Hawaiian law. On the same day the first call to arms in opposition to the queen was issued, and the citizens' committee of safety was developed. During the 14th, 15th, and most of the 16th, the two parties confronted each other in angry hostility, with every indication of an armed conflict at any moment. It was not until late in the afternoon of Monday, the 16th. after requests for protection had been made by many citizens of the United States residing in Honolulu, that a force of marines was landed from the Boston by direction of the minister, and in conformity with the standing instructions which, for many years, have authorized the naval forces of the United States to co-operate with the minister for the protection of the lives and property of American citizens in case of imminent disorder.

The marines when landed took no part whatever towards influencing the course of events. Their presence was wholly precautionary, and only such disposition was made of them as was calculated to subserve the particular end in view. They were distributed that night between the legation and the consulate, where they occupied inner courts and a private hall rented for their accommodation. Beyond a sentry at the door of each post and the occasional appearance of an officer passing from one post to another, no demonstration whatever was made by the landed forces, nor was the uniform of the United States visible upon the streets. They thus remained, isolated and inconspicuous, until after the success of the provisional government and the organization of an adequate protective force thereunder.

At the time the provisional government took possession of the government buildings no troops or officers of the United States were present or took any part whatever in the proceedings. No public recognition was accorded to the provisional government by the United States minister until after the queen's abdication, and when they were in effective possession of the government buildings, the archives, the treasury, the barracks, the police station, and all the potential machinery of government.

Then, and not until then, when the provisional government had obtained full de facto control, was the new order of things recognized by the United States minister, whose formal letter of recognition was promptly followed by like action on the part of the representatives of all foreign governments resident on the Hawaiian Islands. There is not the slightest indication that at any time prior to such formal recognition, in full accord with the longestablished rule and invariable precedents of this government, did the United States minister take any part in promoting the change, either by intimidating the queen or by giving assurance of support to the organizers of the provisional government.

The immediate cause of the change is clearly seen to have been the unconstitutional, intemperate acts of the queen herself in attempting to coerce her responsible ministers and to annul the existing constitution and replace it arbitrarily by another of her own choice.

The provisional government of the Hawaiian Islands is, by all usual and proper tests, in the sole and supreme possession [320] of power and in control of all the resources of the Hawaiian nation, not only through the queen's formal submission, but through its possession of all the armed forces, arms, and ammunitions, public offices, and administration of law, unopposed by any adherents of the late government.

On the 1st inst., subsequent to the departure of the Hawaiian special commissioners, the United States minister at Honolulu, at the request of the provisional government, placed the Hawaiian government under the protection of the United States, to insure the security of life and property during the pending negotiations at Washington, and without interfering with the administration of public affairs by the said government. An instruction has been sent to the minister, commending his action in so far as it lay within the purview of standing instructions to the legation and to the naval commanders of the United States in Hawaiian waters, and tended to co-operate with the administration of affairs by the provisional government, but disavowing any steps in excess of such instructions, whereby the authority and power of the United States might appear to have been asserted to the impairment of the independent sovereignty of the Hawaiian government by the assumption of a formal protectorate.

In this condition of things the five commissioners named by the provisional government of the Hawaiian Islands reached Washington on the 3d inst., bearing authentic letters from the Hawaiian government accrediting them to the President, and conferring upon them full powers to negotiate for the union of the Hawaiian Islands to the United States.

On the 4th inst. the commissioners were accorded an interview with the undersigned at the request of the regularly accredited Hawaiian minister, Mr. J. Mott Smith, and submitted to me their credentials, accompanied by a statement of events leading up to and connected with the overthrow of the monarchy and the establishment of the provisional government. At a second conference on the same day the commissioners submitted to the undersigned the proposition of the provisional government, containing the terms upon which that government desired the annexation of the Hawaiian Islands to the United States. A copy of this proposition is enclosed.

Frequent conferences have since been held at the Department of State, and all questions connected with the subject have been carefully examined and discussed, until a concurrence of views on the part of the negotiating parties was reached on the 11th inst.

In drafting and agreeing upon the treaty now transmitted, the undersigned has sought, under your direction, to effect thereby the annexation of the Hawaiian Islands to the United States with as few conditions as possible, and with a full reservation to Congress of its legislative prerogatives. An examination of the provisions of this treaty will show that to Congress is reserved the determination of all questions affecting the form of government of the annexed territory, the citizenship and elective franchise of its inhabitants, the manner of and terms under which the revenue and navigation laws of the United States are to be extended thereto, and all other questions relating to the economic and political status of the islands.

As there is no provision in the existing legislation of Congress whereby the executive power can provide an organized form of government for new territory annexed to the Union, or extend over it the laws of the United States, and cause the same to be executed, it was deemed necessary to continue the existing government and laws of the Hawaiian Islands until Congress should have an opportunity to legislate on the subject; but a provision has been inserted in the treaty for the exercise by the executive of the United States of a veto power upon the acts of that government during the interregnum. The temporary maintenance of the existing political institutions of the islands seems the more appropriate in view of the fact that the Hawaiian constitution, of which a copy is enclosed herewith, and the Hawaiian laws, are based upon principles similar to those contained in our own organic law and the principles of the common law.

It is to be noted that, according to a recognized principle of international law, the obligations of treaties, even [321] when some of their stipulations are in terms perpetual, expire in case either of the contracting parties loses its existence as an independent state. The foreign treaties of the Hawaiian Islands, therefore, upon annexation, terminate with the competence of the government thereof to hold diplomatic relations. An examination of these treaties shows, however, that they contain no stipulations which could embarrass either the Hawaiian Islands or the United States by their termination.

Accompanying the treaty are tables giving full details as to the area of the territory annexed, the public debt, the public lands, the annual allowances to and revenue of the late royal household, and statistics as to the population, revenues, commerce, and other economic matters relating to the islands. It is gratifying to state that, pending the negotiations leading up to the treaty herewith submitted, the undersigned has received such assurances from the representatives of the leading powers of the world, and from our own ministers abroad, as leads to the conviction that the incorporation of the Hawaiian Islands into our Union will be regarded by these powers with satisfaction or ready acquiescence.

Treaty of 1893.

The United States of America and the provisional government of the Hawaiian Islands: In view of the natural dependence of these islands upon the United States of their geographical proximity thereto, of the intimate part taken by citizens of the United States in there implanting the seeds of Christian civilization, of the long continuance of their exclusive reciprocal commercial relations whereby their mutual interests have been developed, and of the preponderant and paramount share thus acquired by the United States and their citizens in the productions, industries, and trade of the said islands, and especially in view of the desire expressed by the said government of the Hawaiian Islands that those islands shall be incorporated into the United States as an integral part thereof and under their sovereignty, and in order to provide for and assure the security and prosperity of the said islands, the high contracting parties have determined to accomplish by treaty an object so important to their mutual and permanent welfare.

To this end, the high contracting parties have conferred full power and authority upon their respectively appointed plenipotentiaries—to wit: The President of the United States of America, John W. Foster. Secretary of State of the United States; and the President of the Executive and Advisory Councils of the provisional government of the Hawaiian Islands, Lorrin A. Thurston, William R. Castle, William C. Wilder, Charles L. Carter, and Joseph Marsden.

And the said plenipotentiaries, after having communicated to each other their respective full powers, found in good and true form, have agreed upon and concluded the following articles:

Article 1. The government of the Hawaiian Islands hereby cedes, from the date of the exchange of the ratification of this treaty, absolutely and without reserve, to the United States forever, all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, renouncing in favor of the United States every sovereign right of which, as an independent nation, it is now possessed, and henceforth said Hawaiian Islands, and every island and key thereto appertaining, and each and every portion thereof, shall become and be an integral part of the territory of the United States.

Art. 2. The government of the Hawaiian Islands also cedes and transfers to the United States the absolute fee and ownership of all public, government, or crown lands, public buildings or edifices, ports, harbors, fortifications, military or naval equipments, and all other public property of every kind and description belonging to the government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining. The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands, but the [322] Congress of the United States shall enact special laws for their management and disposition:

Provided, that all revenues or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned to the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.

Art. 3. Until Congress shall otherwise provide, the existing government and laws of the Hawaiian Islands are hereby continted, subject to the paramount authority of the United States. The President, by and with the advice and consent of the Senate, shall appoint a commissioner to reside in the said islands, who shall have the power to veto any act of said goveminent, and an act disapproved by him shall thereupon be void and of no effect unless approved by the President.

Congress shall within one year from the exchange of the ratifications of this treaty enact the necessary legislation to extend to the Hawaiian Islands the laws of the United States respecting duties upon imports, the internal revenue, commerce, and navigation; but until Congress shall otherwise provide, the existing commercial relations of the Hawaiian Islands, both with the United States and foreign countries, shall continue as regards the commerce of said islands with the rest of the United States and foreign countries. But this shall not be construed as giving the said islands the power to enter into any new stipulation or agreement whatsoever, or to have diplomatic intercourse with any foreign government. The consular representatives of foreign powers now resident in the Hawaiian Islands shall be permitted to continue in the exercise of their consular functions until they can receive their exequaturs from the government of the United States.

Art. 4. The further immigration of Chinese laborers into the Hawaiian Islands is hereby prohibited until Congress shall otherwise provide. Furthermore, Chinese persons of the classes now or hereafter excluded by law from entering the United States will not be permitted to come from the Hawaiian Islands to other parts of the United States, and, if so coming, shall be subject to the same penalties as if entering from a foreign country.

Art. 5. The public debt of the Hawaiian Islands lawfully existing at the date of the exchange of the ratifications of this treaty, including the amounts due to depositors in the Hawaiian postal savingsbanks, is hereby assumed by the government of the United States, but the liability of the United States in this regard shall in no case exceed $3,250,000. So long, however, as the existing government and the present commercial relations of the Hawaiian Islands are continued as hereinbefore provided, said government shall continue to pay the interest on said debt.

Art. 6. The government of the United States agrees to pay Liliuokalani, the late queen, within one year from the date of the exchange of ratifications of this treaty the sum of $20,000, and annually thereafter a like sum of $20,000 during the term of her natural life, provided she in good faith submits to the authority of the goveminent of the United States and the local government of the islands.

And the government of the United States further agrees to pay to the Princess Kaiaulani within one year from the date of the exchange of the ratifications of this treaty the gross sum of $150,000, provided she in good faith submits to the authority of the government of the United States and the local government of the islands.

Art. 7. The present 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 provisional government of the Hawaiian Islands on the other, and the ratifications thereof shall be exchanged at Honolulu as soon as possible. Such exchange shall be made on the part of the United States by the commissioner hereinbefore provided for, and it shall operate as a complete and final conveyance to the United States of all the rights of sovereignty and property herein ceded to them. Within one month after such exchange of ratifications the provisional government shall furnish said commissioner with a full and complete schedule of all the public property herein ceded and transferred. [323]

Treaty of 1897.

The United States of America and the republic of Hawaii, in view of the natural dependence of the Hawaiian Islands upon the United States, of their geographical proximity thereto, of the preponderant share acquired by the United States and its citizens in the industries and trade of said islands, and of the expressed desire of the government of the republic of Hawaii that those islands should be incorporated into the United States as an integral part thereof, and under its sovereignty, have determined to accomplish by treaty an object so important to their mutual and permanent welfare.

To this end the high contracting parties have conferred full powers and authority upon their respectively appointed plenipotentiaries—to wit:

The President of the United States, John Sherman, Secretary of State of the United States; the President of the [325] republic of Hawaii, Francis March Hatch, Lorrin A. Thurston, and William A. Kinney.

Article 1. The republic of Hawaii hereby cedes absolutely and without reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies; and it is agreed 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.

Art. 2. The republic of Hawaii also cedes and hereby transfers to the United States the absolute fee and ownership of all public, government, or crown lands, public buildings or edifices, ports, harbors, military equipments, and all other public property of every kind and description belonging to the government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining.

The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands, but the Congress of the United States shall enact special laws for their management and disposition; provided, that all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands, for educational and other public purposes.

Art. 3. Until Congress shall provide for the government of such islands, all the civil, judicial, and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons, and shall be exercised in such manner as the President of the United States shall direct, and the President shall have power to remove said officers and fill the vacancies so occasioned.

The existing treaties of the Hawaiian Islands with foreign nations shall forthwith cease and determine, being replaced by such treaties as may exist or as may be hereafter concluded between the United States and such foreign nations. The municipal legislation of the Hawaiian Islands, not enacted for the fulfilment of the treaties so extinguished, and not inconsistent with this treaty nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.

Until legislation shall be enacted extending the United States customs laws and regulations to the Hawaiian Islands, the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.

Art. 4. The public debt of the republic of Hawaii, lawfully existing at the date of the exchange of the ratification of this treaty, including the amounts due to depositors in the Hawaiian Postal Savings Bank, is hereby assumed by the government of the United States, but the liability of the United States in this regard shall in no case exceed $4,000,000. So long, however, as the existing government and the present commercial relations of the Hawaiian Islands are continued as hereinbefore provided, said government shall continue to pay interest on said debt.

Art. 5. There shall be no further immigration of Chinese into the Hawaiian Islands, except upon such conditions as are now or may hereafter be allowed by the laws of the United States, and no Chinese by reason of anything herein contained shall be allowed to enter the United States from the Hawaiian Islands.

Art. 6. The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall as soon as reasonable and practicable recommend to Congress such legislation concerning the Territory of Hawaii as they shall deem necessary or proper.

Art. 7. 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 the said republic, on the other, and the ratifications hereof shall be [326] exchanged at Washington as soon as possible.

In witness whereof the respective plenipotentiaries have signed the above articles and have hereunto affixed their seals.