Aloha kākou! Please be advised of the following upcoming event, “Aloha ʻĀina Ma Uka to Ma Kai, Rally at the Capitol.” According to event coordinators, “In conjunction with Kuʻi 2019, Hawaiian cultural practitioners, protectors of Ka Pae ‘Āina o Hawai’i, farmers, fisherman, musicians, students and scholars will be rallying at the Hawai’i State Capitol to raise awareness and provide education on the need to protect our Hawaiian cultural and natural resources, sacred places (like Mauna Kea), and public lands for future generations.” For UH Mānoa students, a shuttle will be provided. Please see the flyer below for more information.
Aloha and greetings from the University of Wollongong in Australia. I am here to present at the 37th Annual Conference of the Australian and New Zealand Law and History Society. As an invited guest, I would first like to extend my appreciation to the Dharawal nation and Wodi Wodi people—the original inhabitants of this land. Indigenous sovereignty was never ceded and I pay my respect to their elders, past, present and emerging.
The conference was entitled, “Exclusion, Confinement, Dispossession: Uneven Citizenship and Spaces of Sovereignty.” Audra Simpson provided the keynote, “Savage States: Settler Governance in an Age of Sorrow.” We also were blessed to have a plenary session entitled, “Dreaming Inside: The Black Wallaby Writers’ Creative Writing Program for Indigenous Prisoners.” It was an inspiring talk that allowed us to see how creative expression has been a powerful form of healing for aboriginal prisoners.
My conference paper, “Confinement in the Hawaiian Kingdom, Before and After Annexation: Understanding Incarceration Disparities Wrought by Injustice,” provided a demographic profile of the prison and asylum population during the Kingdom of Hawaiʻi, from approximately 1866–1902. By examining prison records, asylum records, original case files, and government reports, I attempt to answer the following questions. To what extent did Hawaiʻi’s prison and asylum population resemble the wider population of the Kingdom, and it what ways did it differ? What was the national origin of those inmates? What types of incarceration-specific characteristics do we see at various times in history? Were there any changes in Hawaiʻi’s incarcerated population subsequent to contemporary policy and legal changes that were implemented?
Prior to annexation, in comparison with the general population, Hawaiians were under-represented in both the prison and asylum populations. Indeed, Hawaiians only became over-represented at the turn of the century. My conference paper provided some possible explanations for these results.
Blawg postings will resume next week when I return from Australia. Mahalo for your support!
November 28, 2018: Independence Day (Hawaiʻi State Archives)
The Department of Accounting and General Services posted the following important announcement regarding Lā Kūʻokoa:
On November 28, 2018, the Hawaiʻi State Archives, a division of the Department of Accounting and General Services, in lieu of normal business hours, will be open to the public from 1:00-3:00pm at the Kekāuluohi Building on the ʻIolani Palace Grounds. As part of the “Year of the Hawaiian”, this exhibition of original documents and artifacts is themed Celebrating the diplomatic history of the Hawaiian Kingdom in recognition of the 175th Anniversary of the signing of the Anglo-French Declaration on November 28, 1843. This declaration acknowledged the Hawaiian Kingdom as a diplomatic equal to the world powers of the time with a “government capable of providing for the regularity of its relations with foreign nations.” With this recognition foreign relations blossomed, international treaties were signed, and over 110 Hawaiian Kingdom consulates were opened around the world.
Highlights of the original records and artifacts that will be on display include:
The Journal of Diplomatic Mission to Europe, 1842-44, that resulted in the Anglo-French Declaration of 1843
Hawaiʻi’s copy of the Anglo-French Declaration
Proclamation of Neutrality, 1854 by the Hawaiian Kingdom regarding the ongoing Crimean War that laid the foundation for the development of international laws on state neutrality
Original documents showcasing how the event, Lā Kūʻokoʻa, was celebrated throughout various years
International Treaties signed with Great Britain, Japan and Italy
Original Diplomatic Seals from the Hawaiian Kingdom consulates aboard
Correspondence between the Hawaiian Ministers’ of Foreign Affairs and the Hawaiian Kingdom consulates
Schedule of events:
Lecture on Timoteo Haʻalilio in Kanaʻina Building, one of three Hawaiian Kingdom delegates who negotiated with European powers to achieve this historic recognition.
November 18, 1917: The Funeral of Queen Liliʻuokalani
Queen Liliʻuokalani, the Hawaiian Kingdom’s last reigning monarch, passed away on November 11, 1917 and her state funeral was held a week later on November 18. See Waiho o Liliuokalani i ka Moe Mau Loa, Nupepa Kuokoa, (Nov. 23, 1917) (available online). The legal disputes that followed were not resolved until 1923—nearly six years after Lili‘uokalani’s death. See Avis Kuuipoleialoha Poai & Susan Serrano, Aliʻi Trusts: Native Hawaiian Charitable Trusts 1197 (Melody Kapilialoha MacKenzie et al. eds., 2015) (providing legal history for contentious circumstances surrounding the creation of Liliʻuokalani’s estate).
Fulfilling the traditional role of the Hawaiian aliʻi, Liliʻuokalani designed a trust with the well-being of her people in mind. It was her way to continue to serve her people in perpetuity. The trust that she established was for the benefit of orphans and other destitute Hawaiian children. Id. at 1196. Section VII of the Queen’s Deed of Trust, dated December 2, 1909, states in pertinent part:
From and after the death of the Grantor, all of the property of the trust estate, both principal and income, which shall not be required for any of the special provisions or payments in this instrument before mentioned, shall be used by the Trustees for the benefit of orphan children in the Hawaiian Islands, the preference to be given to Hawaiian children of pure or part aboriginal blood.
(See Deed of Trust of Liliuokalani (Dec. 2, 1909), microformed on Liber 319, 447–59 (Hawai‘i Bureau of Conveyances). Sadly, numerous lawsuits were filed challenging this trust. Famously, her own nephew Prince Jonah Kūhiō Kalanianaʻole sought to dissolve the deed of trust alleging that the queen had been unduly influenced and manipulated. Id. at 1199. Even after Prince Kūhiō’s protracted lawsuit was settled, others filed complaints, including a person claiming to be Liliʻuokalani’s heir. See In re Estate of Liliuokalani, 25 Haw. 127, 128-29 (1919) (dismissing a claim of inheritance brought by Theresa Owana Wilcox Belliveau on the grounds that she could not establish her genealogical relationship to the queen).
The will was finally admitted to probate in 1923. Id. at 1200. Today, the primary focus of the Queen Lili‘uokalani Trust is to assist orphans, children who have lost one or both parents to death, and destitute children, defined as any child in financial, educational, or cultural need. Id. The Queen Lili‘uokalani Children’s Center (QLCC) is the culmination of the trustees’ efforts to establish an institution for the benefit of these Native Hawaiian children.
Today, we honor and remember those who bravely served and gave the ultimate sacrifice in defense of the liberties we enjoy today. 2018 marks the Centennial Commemoration of the end of World War I on November 11, 1918. This year’s Veterans Day poster, thematically entitled, “The War to End All Wars,” depicts the remembrance poppy and a barbed wire fence. To learn more about this poster, please see: https://militarybenefits.info/veterans-day-posters-2010-2019/#ixzz5WfnPAHrU.
Here in Hawaiʻi, an estimated “9,800 residents served in World War I, including almost 200 who joined the British armed forces, many prior to the U.S. entry into the war.” Robert C. Schmitt, Hawaiʻi’s War Veterans and BattleDeaths, 32 Haw. J. Hist. 171, 172 (1998) (available online). A total of 102 residents died. Id. The Waikīkī Natatorium War Memorial was designed to honor those who served and gave their lives during World War I.
Native Hawaiian leaders supported the war effort as described in the newspaper articles shown below. See No True Hawaiian Would Evade It, Honolulu Star-Bull., Sept. 28, 1917, at 7-9. A two page advertisement encouraging Red Cross donations was signed by Queen Liliʻuokalani and U.S. Congressional Representative Prince Jonah Kūhiō Kalanianaʻole. A full-page advertisement showcasing a personal “thank you” from President Wilson to Liliʻuokalani ran on the previous page. A transcription is provided below.
Robert William Kalanihiapo Wilcox, famously known as the Liona Hae o ka Pakipika (The Pacific’s Roaring Lion) and the “Iron Duke of Hawaiʻi,” was the son of an American father from New England and a mother descended from Maui royalty. He was educated at the Turin Military Academy in Italy under King Kalākaua’s Study Abroad program. See Agnes Quigg, Kalākaua’s Hawaiian Studies Abroad Program, 22 Haw. J. Hist. 170, 173 (1988) (http://hdl.handle.net/10524/103). He famously led uprisings in 1889 and 1895. SeeKa Buke Moolelo o Robert William Wilikoki (Thos. K. Nakanela ed., 1890); Ka Hoʻokahuli Aupuni Kaulana o 1893: Kaua Kūloko ma Honolulu, Ianuari 7, 1895 (Papapai Mahu Press Pub. Co., 1895). Later, Wilcox was elected as the first delegate to the United States Congress for the Territory of Hawaiʻi. Continue reading “ʻOkatoba 23: Ka Make ʻAna o R.W. Wilikoki”
October 10, 2018: #ATALM2018
For Our People: Past, Present, and Future
Aloha kākou! I am writing from beautiful Prior Lake, Minnesota, the location of the 11th Annual International Conference of Indigenous Archives, Libraries, and Museums. Mni Sota (“The Land Where the Waters Reflect the Sky”) is known as the ancestral homeland to the Dakota and Ojibwe people. It is a privilege to hear their origin stories and learn about their history that dates back over 10,000 years.
On October 10, Ka Huli Ao’s digital archives program Punawaiola received the 2018 International Association of Tribal Archives, Libraries, and Museums (ATALM) Guardians of Culture and Lifeways Award for Archives Excellence. ATALM’s international awards program “identifies and recognizes organizations who serve as outstanding examples of how indigenous archives, libraries and museums contribute to the vitality and sovereignty of Native Nations.” Ka Huli Ao is honored and humbled to receive this prestigious indigenous award.
The theme for this year’s ATALM conference is: “For Our People: Past, Present, and Future”—an apt description for much of what we strive to do at Ka Huli Ao. At ATALM’s conference, renowned attorney, author and scholar Walter Echo-Hawk summarized the calling for all guardians of heritage as follows: “As indigenous people, we alone are responsible for ensuring the future of our cultures. In this high calling, we are aided by indigenous institutions that pass our heritage from one generation to another. Let us resolve to do the best we can.” Wise words of encouragement indeed! E hoʻomau!
In our previous blog posting, we examined a petition submitted by residents of Kalaupapa and Kalawao requesting to retain David Kalauokalani as their district judge. That particular petition, which was buried in the Numbered Files of the Foreign Office and Executive department, was found in close proximity (i.e., the next folder) to a report that had been issued to the Chairman of the Executive and Advisory Councils of the Republic of Hawaiʻi. This report provides some insight as to how pro-annexationists sought to examine the loyalty of government employees–an issue that Kalauokalani probably encountered given his ardent support of sovereign independence.
A copy of this report, followed by a brief transcription, may be found below.
In Punawaiola’s previous blog entry, we discussed Kalauokalani’s long-time service as the leader of the Home Rule party. But prior to this, he served as a district magistrate for Molokaʻi. According to the Biennial Report of the Chief Justice of the Supreme Court covering the years from 1892 to 1893, Kalauokalani’s term as district magistrate for Molokaʻi was set to expire on June 2, 1894. After the illegal overthrow in 1893, however, a law was immediately passed requiring all persons holding office or working for the government to swear an oath of allegiance:
David Kalauokalani, as described below in an article published in The San Francisco Call, was the President of the Hawaiian Political Association. In this article, he endorses a statement issued by James Keauiluna Kaulia which reads:
I honestly assert from an intimate knowledge of the Hawaiian people that they, men and women, as a race and nation, are emphatically opposed to the annexation of Hawaii to the United States of America or to any other nation. We love our independence too dearly.
Kalauokalani had been the president of Hui Kālaiʻāina, and Kaulia the president of Hui Aloha ʻĀina. In 1900, the two groups joined together as a political party called the Independent Home Rule Party. Noenoe K. Silva, Aloha Betrayed: Native Hawaiian Resistance to American Colonialism 161 (2004). For nearly ten years, Kalauokalani served as their President. See “Kalauokalani No More Leads Home Rulers,” Hawaiian Gazette (Sept. 26, 1905), pg. 1.
Prior to Kalauokalani’s leadership in the Home Rule party, he was a district court judge. In the next blog entry, we examine this in more detail.