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[TIMELINE] 1993 "Apology Resolution" (Hawaii)

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  • madchinaman
    United States Public Law 103-150 The Apology Resolution Passed by Congress and signed by President William J. Clinton November 23, 1993
    Message 1 of 1 , Sep 9, 2005
      United States Public Law 103-150
      The "Apology Resolution"
      Passed by Congress and signed by President William J. Clinton
      November 23, 1993
      http://www.hawaii-nation.org/publawsum.html


      - excerpts -

      -----------
      To acknowledge the 100th anniversary of the January 17, 1893
      overthrow of the Kingdom of Hawaii, and to offer an apology to
      Native Hawaiians on behalf of the United States for the overthrow of
      the Kingdom of Hawaii.
      -----------

      Whereas, prior to the arrival of the first Europeans in 1778, the
      Native Hawaiian people lived in a highly organized, self-sufficient,
      subsistent social system based on communal land tenure with a
      sophisticated language, culture, and religion;

      Whereas, from 1826 until 1893, the United States recognized the
      independence of the Kingdom of Hawaii, extended full and complete
      diplomatic recognition to the Hawaiian Government, and entered into
      treaties and conventions with the Hawaiian monarchs to govern
      commerce and navigation...

      Whereas, on January 14, 1893... the United States Minister assigned
      to the sovereign and independent Kingdom of Hawaii conspired with a
      small group of non-Hawaiian residents of the Kingdom of Hawaii,
      including citizens of the United States, to overthrow the indigenous
      and lawful Government of Hawaii;

      Whereas, soon thereafter, when informed of the risk of bloodshed
      with resistance, Queen Liliuokalani issued the following statement
      yielding her authority to the United States Government rather than
      to the Provisional Government:

      "I Liliuokalani, by the Grace of God and under the Constitution of
      the Hawaiian Kingdom, Queen, do hereby solemnly protest against any
      and all acts done against myself and the Constitutional Government
      of the Hawaiian Kingdom by certain persons claiming to have
      established a Provisional Government of and for this Kingdom.
      "That I yield to the superior force of the United States of America
      whose Minister Plenipotentiary, His Excellency John L. Stevens, has
      caused United States troops to be landed a Honolulu and declared
      that he would support the Provisional Government.
      "Now to avoid any collision of armed forces, and perhaps the loss of
      life, I do this under protest and impelled by said force yield my
      authority until such time as the Government of the United States
      shall, upon facts being presented to it, undo the action of its
      representatives and reinstate me in the authority which I claim as
      the Constitutional Sovereign of the Hawaiian Islands."
      - Queen Liliuokalani, Jan 17, 1893
      Whereas, without the active support and intervention by the United
      States diplomatic and military representatives, the insurrection
      against the Government of Queen Liliuokalani would have failed for
      lack of popular support and insufficient arms.

      Whereas, in a message to Congress on December 18, 1893, President
      Grover Cleveland reported fully and accurately on the illegal acts
      of the conspirators, described such acts as an "act of war,
      committed with the participation of a diplomatic representative of
      the United States and without authority of Congress", and
      acknowledged that by such acts the government of a peaceful and
      friendly people was overthrown... President Cleveland further
      concluded that a "substantial wrong has thus been done which a due
      regard for our national character as well as the rights of the
      injured people requires we should endeavor to repair" and called for
      the restoration of the Hawaiian monarchy.

      Whereas, the indigenous Hawaiian people never directly relinquished
      their claims to their inherent sovereignty as a people or over their
      national lands to the United States, either through their monarchy
      or through a plebiscite or referendum.

      Whereas, the health and well-being of the Native Hawaiian people is
      intrinsically tied to their deep feelings and attachment to the land;
      Whereas, the long-range economic and social changes in Hawaii over
      the nineteenth and early twentieth centuries have been devastating
      to the population and to the health and well-being of the Hawaiian
      people;
      Whereas, the Native Hawaiian people are determined to preserve,
      develop and transmit to future generations their ancestral
      territory, and their cultural identity in accordance with their own
      spiritual and traditional beliefs, customs, practices, language, and
      social institutions;

      Now, therefore, be it
      Resolved by the Senate and House of Representatives of the United
      States of America in Congress assembled,
      The Congress
      - 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... and the deprivation of the rights of Native Hawaiians to
      self-determination;
      - expresses its commitment to acknowledge the ramifications of the
      overthrow of the Kingdom of Hawaii, in order to provide a proper
      foundation for reconciliation between the United States and the
      Native Hawaiian people; and
      - urges the President of the United States to also acknowledge the
      ramifications of the overthrow of the Kingdom of Hawaii and to
      support reconciliation efforts between the United States and the
      Native Hawaiian people.

      -----------
      "...the logical consequences of this resolution would be
      independence."
      - Senator Slade Gorton (R-Washington), US Senate Congressional Record
      Wednesday, October 27, 1993, 103rd Cong. 1st Sess.


      ==========================


      UNITED STATES PUBLIC LAW 103-150
      http://www.hawaii-nation.org/publawall.html


      103d Congress Joint Resolution 19
      Nov. 23, 1993
      To acknowledge the 100th anniversary of the January 17, 1893
      overthrow of the Kingdom of Hawaii, and to offer an apology to
      Native Hawaiians on behalf of the United States for the overthrow of
      the Kingdom of Hawaii.

      Whereas, prior to the arrival of the first Europeans in 1778, the
      Native Hawaiian people lived in a highly organized, self-sufficient,
      subsistent social system based on communal land tenure with a
      sophisticated language, culture, and religion;

      Whereas, a unified monarchical government of the Hawaiian Islands
      was established in 1810 under Kamehameha I, the first King of
      Hawaii;

      Whereas, from 1826 until 1893, the United States recognized the
      independence of the Kingdom of Hawaii, extended full and complete
      diplomatic recognition to the Hawaiian Government, and entered into
      treaties and conventions with the Hawaiian monarchs to govern
      commerce and navigation in 1826, 1842, 1849, 1875, and 1887;

      Whereas, the Congregational Church (now known as the United Church
      of Christ), through its American Board of Commissioners for Foreign
      Missions, sponsored and sent more than 100 missionaries to the
      Kingdom of Hawaii between 1820 and 1850;

      Whereas, on January 14, 1893, John L. Stevens (hereafter referred to
      in this Resolution as the "United States Minister"), the United
      States Minister assigned to the sovereign and independent Kingdom of
      Hawaii conspired with a small group of non-Hawaiian residents of the
      Kingdom of Hawaii, including citizens of the United States, to
      overthrow the indigenous and lawful Government of Hawaii;

      Whereas, in pursuance of the conspiracy to overthrow the Government
      of Hawaii, the United States Minister and the naval representatives
      of the United States caused armed naval forces of the United States
      to invade the sovereign Hawaiian nation on January 16, 1893, and to
      position themselves near the Hawaiian Government buildings and the
      Iolani Palace to intimidate Queen Liliuokalani and her Government;

      Whereas, on the afternoon of January 17,1893, a Committee of Safety
      that represented the American and European sugar planters,
      descendants of missionaries, and financiers deposed the Hawaiian
      monarchy and proclaimed the establishment of a Provisional
      Government;

      Whereas, the United States Minister thereupon extended diplomatic
      recognition to the Provisional Government that was formed by the
      conspirators without the consent of the Native Hawaiian people or
      the lawful Government of Hawaii and in violation of treaties between
      the two nations and of international law;

      Whereas, soon thereafter, when informed of the risk of bloodshed
      with resistance, Queen Liliuokalani issued the following statement
      yielding her authority to the United States Government rather than
      to the Provisional Government:


      "I Liliuokalani, by the Grace of God and under the Constitution of
      the Hawaiian Kingdom, Queen, do hereby solemnly protest against any
      and all acts done against myself and the Constitutional Government
      of the Hawaiian Kingdom by certain persons claiming to have
      established a Provisional Government of and for this Kingdom.
      "That I yield to the superior force of the United States of America
      whose Minister Plenipotentiary, His Excellency John L. Stevens, has
      caused United States troops to be landed a Honolulu and declared
      that he would support the Provisional Government.

      "Now to avoid any collision of armed forces, and perhaps the loss of
      life, I do this under protest and impelled by said force yield my
      authority until such time as the Government of the United States
      shall, upon facts being presented to it, undo the action of its
      representatives and reinstate me in the authority which I claim as
      the Constitutional Sovereign of the Hawaiian Islands.".

      Done at Honolulu this 17th day of January, A.D. 1893.;

      Whereas, without the active support and intervention by the United
      States diplomatic and military representatives, the insurrection
      against the Government of Queen Liliuokalani would have failed for
      lack of popular support and insufficient arms;

      Whereas, on February 1, 1893, the United States Minister raised the
      American flag and proclaimed Hawaii to be a protectorate of the
      United States;

      Whereas, the report of a Presidentially established investigation
      conducted by former Congressman James Blount into the events
      surrounding the insurrection and overthrow of January 17, 1893,
      concluded that the United States diplomatic and military
      representatives had abused their authority and were responsible for
      the change in government;

      Whereas, as a result of this investigation, the United States
      Minister to Hawaii was recalled from his diplomatic post and the
      military commander of the United States armed forces stationed in
      Hawaii was disciplined and forced to resign his commission;

      Whereas, in a message to Congress on December 18, 1893, President
      Grover Cleveland reported fully and accurately on the illegal acts
      of the conspirators, described such acts as an "act of war,
      committed with the participation of a diplomatic representative of
      the United States and without authority of Congress", and
      acknowledged that by such acts the government of a peaceful and
      friendly people was overthrown;

      Whereas, President Cleveland further concluded that a "substantial
      wrong has thus been done which a due regard for our national
      character as well as the rights of the injured people requires we
      should endeavor to repair" and called for the restoration of the
      Hawaiian monarchy;

      Whereas, the Provisional Government protested President Cleveland's
      call for the restoration of the monarchy and continued to hold state
      power and pursue annexation to the United States;

      Whereas, the Provisional Government successfully lobbied the
      Committee on Foreign Relations of the Senate (hereafter referred to
      in this Resolution as the "Committee") to conduct a new
      investigation into the events surrounding the overthrow of the
      monarchy;

      Whereas, the Committee and its chairman, Senator John Morgan,
      conducted hearings in Washington, D.C., from December 27,1893,
      through February 26, 1894, in which members of the Provisional
      Government justified and condoned the actions of the United States
      Minister and recommended annexation of Hawaii;

      Whereas, although the Provisional Government was able to obscure the
      role of the United States in the illegal overthrow of the Hawaiian
      monarchy, it was unable to rally the support from two-thirds of the
      Senate needed to ratify a treaty of annexation;

      Whereas, on July 4, 1894, the Provisional Government declared itself
      to be the Republic of Hawaii;

      Whereas, on January 24, 1895, while imprisoned in Iolani Palace,
      Queen Liliuokalani was forced by representatives of the Republic of
      Hawaii to officially abdicate her throne;

      Whereas, in the 1896 United States Presidential election, William
      McKinley replaced Grover Cleveland;

      Whereas, on July 7, 1898, as a consequence of the Spanish-American
      War, President McKinley signed the Newlands Joint Resolution that
      provided for the annexation of Hawaii;

      Whereas, through the Newlands Resolution, the self-declared Republic
      of Hawaii ceded sovereignty over the Hawaiian Islands to the United
      States;

      Whereas, the Republic of Hawaii also ceded 1,800,000 acres of crown,
      government and public lands of the Kingdom of Hawaii, without the
      consent of or compensation to the Native Hawaiian people of Hawaii
      or their sovereign government;

      Whereas, the Congress, through the Newlands Resolution, ratified the
      cession, annexed Hawaii as part of the United States, and vested
      title to the lands in Hawaii in the United States;

      Whereas, the Newlands Resolution also specified that treaties
      existing between Hawaii and foreign nations were to immediately
      cease and be replaced by United States treaties with such nations;

      Whereas, the Newlands Resolution effected the transaction between
      the Republic of Hawaii and the United States Government;

      Whereas, the indigenous Hawaiian people never directly relinquished
      their claims to their inherent sovereignty as a people or over their
      national lands to the United States, either through their monarchy
      or through a plebiscite or referendum;

      Whereas, on April 30, 1900, President McKinley signed the Organic
      Act that provided a government for the territory of Hawaii and
      defined the political structure and powers of the newly established
      Territorial Government and its relationship to the United States;

      Whereas, on August 21,1959, Hawaii became the 50th State of the
      United States;

      Whereas, the health and well-being of the Native Hawaiian people is
      intrinsically tied to their deep feelings and attachment to the
      land;

      Whereas, the long-range economic and social changes in Hawaii over
      the nineteenth and early twentieth centuries have been devastating
      to the population and to the health and well-being of the Hawaiian
      people;

      Whereas, the Native Hawaiian people are determined to preserve,
      develop and transmit to future generations their ancestral
      territory, and their cultural identity in accordance with their own
      spiritual and traditional beliefs, customs, practices, language, and
      social institutions;

      Whereas, in order to promote racial harmony and cultural
      understanding, the Legislature of the State of Hawaii has determined
      that the year 1993, should serve Hawaii as a year of special
      reflection on the rights and dignities of the Native Hawaiians in
      the Hawaiian and the American societies;

      Whereas, the Eighteenth General Synod of the United Church of Christ
      in recognition of the denomination's historical complicity in the
      illegal overthrow of the Kingdom of Hawaii in 1893 directed the
      Office of the President of the United Church of Christ to offer a
      public apology to the Native Hawaiian people and to initiate the
      process of reconciliation between the United Church of Christ and
      the Native Hawaiians; and

      Whereas, it is proper and timely for the Congress on the occasion of
      the impending one hundredth anniversary of the event, to acknowledge
      the historic significance of the illegal overthrow of the Kingdom of
      Hawaii, to express its deep regret to the Native Hawaiian people,
      and to support the reconciliation efforts of the State of Hawaii and
      the United Church of Christ with Native Hawaiians;

      Now, therefore, be it

      Resolved by the Senate and House of Representatives of the United
      States of America in Congress assembled,


      SECTION 1. ACKNOWLEDGMENT AND APOLOGY.
      The Congress -

      (1) on the occasion of the 100th anniversary of the illegal
      overthrow of the Kingdom of Hawaii on January 17, 1893, acknowledges
      the historical significance of this event which resulted in the
      suppression of the inherent sovereignty of the Native Hawaiian
      people;

      (2) recognizes and commends efforts of reconciliation initiated by
      the State of Hawaii and the United Church of Christ with Native
      Hawaiians;

      (3) 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, and the deprivation of the rights of Native Hawaiians to
      self-determination;

      (4) expresses its commitment to acknowledge the ramifications of the
      overthrow of the Kingdom of Hawaii, in order to provide a proper
      foundation for reconciliation between the United States and the
      Native Hawaiian people; and

      (5) urges the President of the United States to also acknowledge the
      ramifications of the overthrow of the Kingdom of Hawaii and to
      support reconciliation efforts between the United States and the
      Native Hawaiian people.


      SEC. 2. DEFINITIONS.
      As used in this Joint Resolution, the term "Native Hawaiians" means
      any individual who is a descendent of the aboriginal people who,
      prior to 1778, occupied and exercised sovereignty in the area that
      now constitutes the State of Hawaii.


      SEC. 3. DISCLAIMER.
      Nothing in this Joint Resolution is intended to serve as a
      settlement of any claims against the United States.

      Approved November 23, 1993

      ______________________________
      LEGISLATIVE HISTORY - S.J. Res. 19:

      SENATE REPORTS: No. 103-125 (Select Comm. on Indian Affairs)
      CONGRESSIONAL RECORD, Vol. 139 (1993):


      ===========================


      http://www.angelfire.com/hi2/hawaiiansovereignty/AkakaNationalSummary
      109Cong.html
      In 1993 Congress passed a resolution of sentiment commonly known in
      Hawai'i as the "apology bill." The resolution was passed at the
      request of the Hawai'i delegation to commemorate the 100th
      anniversary of the overthrow of the monarchy in Hawai'i.

      The resolution gave an apology for the minor role of the U.S. in
      that event, using flowery language filled with factual inaccuracies.
      A recorded vote was taken in the Senate, but not in the House.
      Resolutions of sentiment usually pass unanimously, or with very
      little opposition. But this resolution was so outrageous that 34
      Senators had the courage to take the "politically incorrect" step of
      voting against it. 13 of those Senators are still sitting in the
      Senate in 2005-2006.

      Hopefully they will understand why it is important to oppose the
      Hawaiian Recognition bill. For a spreadsheet showing the names and
      contact information for these 13 remaining members of the Honor
      Roll, see:
      http://www.angelfire.com/hi2/hawaiiansovereignty/NoOnApologyCurrSen10
      9Cong.html
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