Date: Fri, 19 Dec 1997 19:00:00 -1000
From: Hawaii Nation Info <info@hawaii-nation.org>
Subject: On this day in history... Hawaii - U.S. Treaties

On this day in history... Hawaii - U.S. Treaties

19 December 1997

On December 23, 1826, and December 20, 1849, the United States government entered into formal treaties with the King of the Hawaiian Islands.
Other treaties were also entered into between these governments. No notice of termination of these treaties was ever made (eg. as in accordance with article XVI of the latter treaty) by either of the high contracting parties. These treaties are still legally binding, and all United States law imposed in Hawaii are inferior. The Kingdom of Hawaii has never ceased to exist.

Treaty between the United States of America and the King of the Sandwich (Hawaiian) Islands

Articles of arrangement signed at Honolulu and entered into force Dec. 23, l826

Article I

"The peace and friendship subsisting between the United States, and their Majesties, the Queen Regent, and Kauikeaouli, King of the Sandwich Islands, and their subjects and people, are hereby confirmed, and declared to be perpetual."

Full Text: http://www.hawaii-nation.org/treaty1826.html

Treaty between the United States of America and the King of the Hawaiian Islands

Signed at Washington December 20, 1849 (Entered into force August 24, 1850)

Article I

"There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors."

Full Text: http://www.hawaii-nation.org/treaty1849.html

Excerpts from U.S. Public Law 103-150 (Nov. 23, 1993)

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 United States Minister ... 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;

Full Text: http://www.hawaii-nation.org/publawall.html

Professor of International Law Francis Anthony Boyle (Dec. 28, 1993):

"...there were ... treaties on point, in law, with the United States government that were violated by means of the invasion. This violated international law at the time, the basic principle - pacta sunt servanda - treaties must be obeyed. It even violated the terms of the United States Constitution at that time. Treaties were the "supreme law of the land," and the invasion and annexation of Hawai'i in violation of those treaties not only violated international law, but the United States Constitution itself."

Full Text: http://www.hawaii-nation.org/boyleall.html

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