Newlands Resolution

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On August 12, 1898, the flag of the Kingdom of Hawai‘i over ‘Iolani Palace was lowered to raise the United States flag to signify annexation. Native Hawaiians began a period of mourning.

The Newlands Resolution, named after Congressman Francis G. Newlands was an act of the United States Congress to annex the Republic of Hawai'i and create the Territory of Hawai'i. It was approved on July 4, 1898 and signed on July 7 by President of the United States William McKinley. In August of the same year, a ceremony was held on the steps of 'Iolani Palace to signify the official transfer of Hawaiian sovereignty to the United States. The Hawaiian Organic Act was approved in 1900 by Congress to adopt a form of government for the new territory, in supplement of the Newlands Resolution.

Sanford B. Dole, left, continued as President of the newly created Territory of Hawai'i until the Hawaiian Organic Act of 1900 established a permanent territorial government led by a governor.

It should be noted that the Newlands Resolution, which is a domestic law of the United States, does not provide a legal basis for the annexation of Hawaii, a seperate sovereignty. There has never been a treaty of annexation between the United States and Hawaii and the United States did not "conquer" or "purchase" Hawaii, the only other legitimate means under international law by which one sovereign may acquire another. Additionally, although Congress has authority under the domestic law of the United States to admit new states, it has no such authority under the Constitution to acquire territory. SeeArticle Four of the United States Constitution, specifically Article IV, section 3.1.

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).

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