Ka Wai Ola - Office of Hawaiian Affairs, Volume 31, Number 4, 1 April 2014 — The Apology Bill [ARTICLE+ILLUSTRATION]

The Apology Bill

ln 1993, the U.S. Congress adopted ajoint resolution commonly known as the Apology Bill and more formally known as Public Law 103-150. The law, printed here in its entirety, answers the question, "Why do Native Hawaiians have a legitimate rightto re-establish a Hawaiian Nation?" 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 eommunal land tenure with a sophisticated language, eulture, and religion; Whereas, a unified monarchical govemment of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii; Whereas, ffom 1826 unlil 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full and complete diplomatic recoguition to the Hawaiian Govemment, and entered into treaties and conventions with the Hawaiian monarchs to govem 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 "Umted States Mmister"), 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 Govemment of Hawaii; Whereas, in pursuance of the conspiracy to overthrow the Govemment 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 Govemment buildings and the Iolani Palaee to intimidate Queen Liliuokalani and her Govemment; Whereas, on the aftemoon 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 establisbment of a Provisional Govemment; Whereas, the United States Minister thereupon extended diplomatic recognition to the Provisional Govemment that was formed by the conspirators without the consent of the Native Hawaiian people or the lawful Govemment 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 Govemment rather than to the Provisional Govemment: "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 Govemment of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Govemment 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 Govemment. "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 Govemment of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority whieh I elaim 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 mten'ention by the United States diplomatic and military representatives, the insurrection against the Govemment of Queen Liliuokalani would have failed for laek of popular support and insufficient arms; Whereas, on Febraary 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 insurrec-

tion 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 govemment; 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 govemment of a peaeeful and ffiendly people was overthrown; Whereas, President Cleveland further concluded that a "substantial wrong has thus been done whieh 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 Govemment protested President Cleveland's eall for the restoration of the monarchy and continued to hold state power and pursue annexation to the United States; Whereas, the Provisional Govemment 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 Febraary 26, 1894, in whieh members of the Provisional Govemment justified and condoned the actions of the United States Minister and recommended annexation of Hawaii; Whereas, although the Provisional Govemment was able to obscure the role of the United States in the illegal overthrow of the Hawaiian monarchy, it was unahle to rally the support from two-thirds of the Senate needed to ratify a treaty of annexation Whereas, on July 4, 1894, the Provisional Govemment declared itself to be the Republic of Hawaii; Whereas, on January 24, 1895, while imprisoned in Iolani Palaee, 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, govemment and puhlie lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereigu govemment; 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 Govemment;

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 govemment for the territory of Hawaii and defined the political stracture and powers of the newly established Territorial Govemment and its relationship to the United States; Whereas, on August 21,1959, Hawaii heeame the 50th State of the United States; Whereas, the heahh and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land; Whereas, the long-range eeonomie and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the heahh and well-being of the Hawaiian people; Whereas, the Native Hawaiian people are determined to presenfe, 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 vear 1993, should serve Hawaii as a vear 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 puhlie 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 ofthe United States of America in Congress assembled, SECTI0N 1. ACKNOWLEDGMENT AND AP0L0GY. Ihe 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 whieh 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 teim "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 H!ST0RY - S.J. Res. 19: SENATE REP0RTS: No. 103-125 (Select Oomm. on lndian Affai rs ) CONGRESSiONAL PEOOPŪ, Voi. 139 (1993): Oct. 27, considered and passed Senate. Nov. 15, considered and passed House.

Then-President Bill Ūinlon in 1 993 signed a joint resolution of Congress apologizing for the United States' role in the overthrow of the sovereign Kingdom of Hawai'i a century earlier. - Photo: KW0Archives