Regarding U.S internal/domestic Resolutions and Hawai'i
March 31, 2009 U.S. Supreme Court (USSC) decision, "..the 'whereas' clauses of the 1993 Congressional Apology Resolution have no binding effect, and the resolution does not change or modify 'the absolute title' to the public lands of the State of Hawaii." It stands to reason, that the "whereas" clauses in the Newlands Resolution should also have "no binding effect" as well. By the dictionary definition of resolution, it's a formal expression of opinion or intention by a legislative body or public meeting. It's making an "unbinding" determination; as one political representative expressed to news reporters. It doesn't order a person to do something; but makes a formal statement of reasons for a judgement given or presented as in an opinion. In this case, it's an opinionated action which is highly dubious.
Whatever way one may define or translate a resolution, this is a wish-list and not a treaty of annexation. To put it in its proper light, U.S. Americans in Hawai'i conspired with U.S. Secretary of State James G. Blaine, U.S. Minister John L. Stevens and other individuals in Congress and the controlling oligarchial powers that rule over the U.S. with the support of its figurehead, President B. Harrison. Primarily, Lorrin A. Thurston, James G. Blaine, John L. Stevens orchestrated the ruse to destabilize the Hawaiian Kingdom's government with the attempt to not set international precedent.
It was under the protection of the U.S. military and instant recognition of the Provisional Government set up by them without the knowledge of the rest of the Kingdom and that of the Queen that the traitors immediately applied for annexation to the U.S.A. Under duress and to keep the peace while entrusting the U.S. to correct the wrong committed by its representatives, the Queen abdicated temporarily and under protest. This sneak attack, invasion of a friendly neutral nation, controlled the govenment with its civilian arm of the U.S. military under belligerent occupation which makes it subject to the laws of occupation and violates the Hawaiian Kingdom's neutrality status.
The Turpie Resolution of 1894 pronounced an edict that any intervention from any U.S. government official or foreign nation would be an act unfriendly to the U.S.A. and that Hawai'i's people should decide to establish and maintain their own form of government and domestic policy This was done to distant the U.S. involvement that set up the U.S. military-protected Provisional Government and create a hands-off policy after the fact. The name change in 1894 was to make it appear legitimate in hopes that, internationally, everyone would have a short-term memory of the ruse and accept the idea that Hawai'i's people had accepted the Republic of Hawai'i.
After Queen Liliuokalani's formal protest, the Memorial and Ku'e Petitions of 1897 -1898, the second submission for annexation this time under the name of republic of Hawaii was again rejected by U.S. Congress for lack of 2/3 majority votes to ratify the treaty. In frustration, the U.S. chose to circumvent this obstacle by introducing another domestic resolution to do unlawfully what it couldn't do lawfully; hence, the Newlands Resolution was enacted by a sheer majority vote in U.S. Congress.
We can see clearly that the U.S.A. has intentionally violated the international laws of nations and used its U.S. domestic laws to covet and disregard the status of the Kingdom of Hawai'i and the national rights of the Hawaiian subjects, its foreign residents, in favor of its citizens, its hostile occupiers, residing and living within the sovereign territory of the Hawaiian Kingdom. The U.S. doctrines of Manifest Destiny expressing its expansionism and imperialism conflicts with the rule of law established among nations to respect each others' territory and universal human rights.
Tane
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For those interested in reading the U.S.' Newlands Resolution, this is not a ratified treaty between nations but a domestic formal opinion or intentions:
Text of the Newlands Resolution
Newlands Resolution to Provide for Annexing the Hawaiian Islands to the United States
Whereas the Government of the Republic of Hawaii having, in due form, signified its consent, in the manner provided by its constitution, to cede 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 also to cede and transfer to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, 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; Therefore
Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, That said cession is accepted, ratified, and confirmed, and that the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America.
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.
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 the 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 fulfillment of the treaties so extinguished, and not inconsistent with this joint resolution 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.
The public debt of the Republic of Hawaii, lawfully existing at the date of the passage of this joint resolution, 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 four million dollars. 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.
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; no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.
The President shall appoint five commissioners, at least two of whom shall be residents of the Hawaiian Islands, who shall, as soon as reasonably practicable, recommend to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper.
That the commissioners hereinbefore provided for shall be appointed by the President, by and with the advice and consent of the Senate.
That the sum of one hundred thousand dollars, or so much thereof as may be necessary; is hereby appropriated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be expended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect.
Signed by, Serexo E. Payne (Speaker of the House of Representatives Pro Tempore), Garrett A. Hobart (Vice President of the United States and President of the Senate), William McKinley (President of the United States).
Replies
Yes, the Turpie Resolution of May 31, 1894 has a stipulation giving us the right to choose our own political government and maintainance of it and domestic policies. (as if we needed their permission; but Cleveland had them put that in to give it a more democratic appearance and our voice in the issue because of the hands off policy demanded after the fact). I put this out a few years ago and turned Eric Po'ohina on to it recently. I used this in my debate with Conklin in the past and he tried to discount it, typically.
The Ku'e petition of 1897-98 establishes the will of the people which answers the inclusion made in the Turpie Resolution. The Queen's formal Protest, the Memorial, and the Ku'e Petitions was instrumental in U.S. Congress rejecting the treaty of annexation. Not to be deterred, the snollygosters in Washington tried to go around this setback by declaring a joint resolution and not a treaty as you already know.
This brings to light, among other things, the ongoing U.S. belligerent occupation of the Kingdom of Hawai'i and not colonization with forced assimilation as some would like to think. It's all semantic-playing to obfuscate the facts as some debatable arguments are manipulated to smoke and mirrors tactics. One needs to be familiar with the laws of occupation to see the continuing violations committed by the racist U.S.A. and their doctrines of Manifest Destiny inspired by the Papal Bulls AKA Paper Bullshits. The Akaka Bill is just a reaffirmation of Manifest Destiny and the WASP ethnocentric racist stance. We can buy into it or rebuf it and throw it in the trash whee it belongs.
We can rebuff the multi-layered issues anyday, eh? I miss not sitting with you to just kukakuka. Hopefully we can do it again.
Tane