Notes on the Wilcox Rebellion and Law Post-Overthrow in 1895 Hawaii

Historical Context of the Queen's Overthrow (1895)

  • Retirement of the Whitings:

    • In 1895, the influential Whitings were stepping down from their positions, affecting political dynamics.

  • Military Plan to Restore the Queen:

    • A strategy emerged among supporters, known as the Wilcox Rebellion, aiming to restore the queen's rule militarily.
    • Supporters came from diverse racial backgrounds, indicating widespread support across different communities.

  • Weaponry and Preparation:

    • Pro-queen factions managed to secure an arms shipment in New York, showing serious military preparations.
    • Notable historical figure: A 13-year-old boy was imprisoned for fighting for the queen's side, highlighting the youth involvement in this struggle.

Sovereignty and the Legal Framework

  • Key Concept of Sovereignty:

    • The state must uphold sovereignty through treaties, conquests, or cessions.
    • Treaties serve as the sole recognized communication method between nations, emphasizing their importance in diplomatic interactions.

  • Limitations of Legislative Action:

    • US Congress holds no authority to pass laws affecting foreign territories like Hawaii without treaties.
    • The notion of legal versus moral rights: The US had a legal foundation to claim Hawaii due to its connections to war and treaties, despite moral implications.

The Aftermath of the Overthrow

  • Legal Manipulations Post-Overthrow:

    • Following the overthrow of the Hawaiian monarchy, laws were enacted to seize what was previously royal property without compensation.
    • Contrast drawn between private property and government property.
    • Example: Comparing George Bush's land in Texas (private) versus the White House (government).

  • Land Reclassification:

    • Lands were renamed from royal to public lands, altering their legal status and allowing for government control.
    • Lease to Fee Conversion:
    • Previously leased lands were transformed into properties that could be sold following the government's overthrow.
    • This legal change circumvented earlier restrictions on land ownership.

Importance of Control and Authority

  • Power Dynamics:
    • Emphasizes the significance of controlling governance to manipulate legal systems and property laws.
    • The overthrow granted new authority and the ability to enact changes that benefited the new regime.