Violation

Hawaii (context): overthrow of the Kingdom (1893), annexation (1898) and the 1993 Apology

Not yet reviewed by this nation. What follows comes from public records and research. It does not speak for the nation.

In Hawaii, after the 1893 overthrow, Congress annexed the islands by joint resolution in 1898 when a treaty lacked Senate votes.

Treaty: Treaty of Friendship, Commerce and Navigation (1849), 9 Stat. 977 (U.S.-Kingdom of Hawaii); not a treaty with a Native nation within the U.S.
Nations: Kanaka Maoli (Native Hawaiians); Kingdom of Hawaii (sovereign state)
When: 1893-1898

What happened

This is context, not a ruling that a U.S. treaty with a Native nation was broken. The Kingdom of Hawaii's government was overthrown on January 17, 1893. A 1993 Congressional resolution (Pub. L. 103-150) "apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States."

A treaty of annexation was signed in 1897. That fall, the National Archives says, a Petition Against Annexation "was signed by 21,269 native Hawaiian people," and it was read to the Senate. The treaty fell short of the two-thirds Senate vote. The National Archives says "only 46 senators were willing to vote for annexation" by February 1898. Supporters turned to a joint resolution, which needs only a simple majority in each chamber. The Newlands Resolution had the Republic of Hawaii give up "all rights of sovereignty of whatsoever kind," and the islands were annexed on July 7, 1898.

The 1993 resolution states that "Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States." In Hawaii v. Office of Hawaiian Affairs (2009) a unanimous Supreme Court held that it "did not strip Hawaii of its sovereign authority to alienate the lands." The 1993 resolution itself says that "the indigenous Hawaiian people never directly relin- quished their claims to their inherent sovereignty as a people." The atlas does not speak for Native Hawaiians.

Good to know. The Kingdom of Hawaii was a recognized independent state, not a tribal nation.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United StatesApology Resolution, Pub. L. 103-150, 107 Stat. 1510 (govinfo)
only 46 senators were willing to vote for annexationJoint Resolution for Annexing the Hawaiian Islands (National Archives)
did not strip Hawaii of its sovereign authority to alienate the landsHawaii v. Office of Hawaiian Affairs (2009) (Cornell LII)
never directly relin- quished their claims to their inherent sovereignty as a peopleApology Resolution, Pub. L. 103-150, 107 Stat. 1510 (govinfo)

Research notes. Handle as annexation context: the Kingdom was a recognized state, not a tribal nation, and the 1849 treaty and the 21,269-signature petition in the input were not verified here and are omitted. House/Senate vote tallies for the 1898 resolution were not confirmed in the sources I read and are omitted. The 1993 apology quote is from the statute; the exact Statutes at Large page was read via text extraction. Some sources date the formal transfer to August 12, 1898; the National Archives gives July 7. Crown and government land acreage is unverified.

Who is doing the work

Working with these nations

Aloha Kuamo'o 'Aina Native-led Owns and restores a 47-acre historic site at Kuamo'o purchased for conservation in 2015 with Trust for Public Land Give on their site Website
KAHEA: The Hawaiian-Environmental Alliance Native-led Protection of sacred summits, cultural rights and the 'aina Give on their site Website
Kulāiwi Land Trust Native-led Return of Native Hawaiian lands to Native Hawaiians for culture, education, health and wellbeing Give on their site Website
Paepae o He'eia Native-led Stewardship of He'eia Fishpond (land is owned by Kamehameha Schools; Paepae manages it), education and food production Give on their site Website

Native legal and land defense, nationally

Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Connections

These links were matched automatically by name or date and have not yet been reviewed by a person.

Nations named 2

Sources

supreme.justia.com/cases/federal/us/556/163/legal text copy
en.wikipedia.org/wiki/Annexation_of_Hawaiipointer
govinfo.gov/content/pkg/STATUTE-9/pdf/STATUTE-9-Pg977.pdfprimary record
govinfo.gov/content/pkg/STATUTE-107/pdf/STATUTE-107-Pg1510.pdfprimary record

The record’s fields

What happened: Hawaii (context): overthrow of the Kingdom (1893), annexation (1898) and the 1993 Apology -- LEGAL CATEGORY NOTE: the Kingdom of Hawaii was an internationally recognized state that signed treaties with the United States, e.g., the Dec. 20, 1849 treaty of friendship, commerce and navigation. The 1993 Apology Resolution (Pub. L. 103-150, Nov. 23, 1993) 'apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States.' A treaty of annexation signed in 1897 lacked the two-thirds Senate support; Congress instead annexed Hawaii by joint resolution (the Newlands Resolution, 30 Stat. 750): House 209-91 (June 15, 1898), Senate 42-21 (July 6, 1898), signed July 7, 1898. A 1897 petition against annexation gathered 21,269 signatures, more than half of the roughly 39,000 Native Hawaiians. The Territory was created in 1900. The resolution disclaims: 'Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States.'
Land affected: Sovereignty and the Crown/government lands (acreage not verified).
Acreage: not verified
Legal aftermath: Hawaii v. Office of Hawaiian Affairs (Mar. 31, 2009, unanimous, Alito): the Apology Resolution's apology and acknowledgment clauses are non-binding, do not create enforceable rights, and do not strip Hawaii's power to sell or transfer the ceded lands granted to the State at statehood.

Kind: Violation
Confidence: Medium
Nation review: Not yet reviewed by this nation
Notes: Context record, not a treaty

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