Hawaii Admission Act
Encyclopedia
The Admission Act, formally An Act to Provide for the Admission of the State of Hawaii into the Union is a statute
enacted by the United States Congress
and signed into law by President
Dwight D. Eisenhower
which dissolved the Territory of Hawaii
and established the State of Hawaii
as the 50th state
to be admitted into the Union. Hawaii remains the most recent state to join the United States.
in 1946 listed
Hawaii as a non-self-Governing territory under the administration of the United States (Resolution 55(I) of 1946-12-14). Also listed as non-self-governing territories under the jurisdiction of the United States were Alaska Territory
, American Samoa
, Guam
, Puerto Rico
, and the Virgin Islands
.
The acceptance of statehood for Hawaii was not without its share of controversy. Many Native Hawaiians in Hawaii protested against statehood. Also, various bills of admission were stalled in Congressional hearings since the early 1900s because of the racial prejudices of many members of the United States House of Representatives
and United States Senate
. There was a fear of establishing a state that was governed by an ethnic minority, namely the large Asian American
population. Lawmakers questioned the American patriotism of Hawaii residents. Upon the election of John A. Burns
from the Hawaii Democratic Party as delegate of the Territory of Hawaii to Congress, southern leaders charged that Burns' election was evidence of Hawaii as a haven for communism
. John A. Burns, in 1959, would reflect on the obstacles against the statehood campaign and place more emphasis on the resistance to statehood in the islands, rather than in Washington itself.
sympathizers controlled Hawaii were blatant lies. Burns worked especially hard with the southern Democrats, led by Lyndon Johnson, who blocked the various Hawaii statehood bills. Upon leaving her seat as delegate from Hawaii, Elizabeth P. Farrington
said, "Of course, Lyndon Johnson was no friend of statehood." Farrington added, "There were 22 times when he voted against us. He did everything he could, because he was representing the Southern racial opposition." She claimed Johnson had a fear that Hawaii would send representatives and senators to Congress who would oppose segregation
, in spite of Johnson's record as a supporter of civil rights for blacks (Johnson had hedged in his support for the Civil Rights Act of 1957
to avoid splitting his party, giving it modest support and was to finally break up a Southern Democratic attempt to filibuster the Civil Rights Act of 1960
).
Rather than any residual feelings of Hawaiian Nationalism or Royalist loyalties, Campbell was motivated by a fear of Asian voters gaining control of the State. The Territory was ruled by appointed Governors and appointed judges. Testifying before Congressional hearings on Statehood, Campbell explained:
In 1947 Kamokila Campbell opened the Anti-Statehood Clearing House, where she sent “anti-statehood information, reports and arguments to congress.”
On March 29, 1949, Kamokila Campbell successfully sued the Hawaii Statehood Commission, to stop them from spending public money to lobby for statehood, invalidating a single section of the Act which created the Hawaii Statehood Commission.
Out of a total population of 600,000 in the islands and 155,000 registered voters, 140,000 votes were cast, the highest turnout ever in Hawaii. The vote showed approval rates of at least 93% by voters on all major islands (see adjacent figure for details). Of the approximately 140,000 votes cast, fewer than 8000 rejected the Admission Act of 1959.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
enacted by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
and signed into law by President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
which dissolved the Territory of Hawaii
Territory of Hawaii
The Territory of Hawaii or Hawaii Territory was an organized incorporated territory of the United States that existed from July 7, 1898, until August 21, 1959, when its territory, with the exception of Johnston Atoll, was admitted to the Union as the fiftieth U.S. state, the State of Hawaii.The U.S...
and established the State of Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
as the 50th state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
to be admitted into the Union. Hawaii remains the most recent state to join the United States.
Hawaii Statehood and International Law
Since Hawaii was a Territory of the United States in 1945, the United NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
in 1946 listed
United Nations list of Non-Self-Governing Territories
The United Nations list of Non-Self-Governing Territories is a list of countries that, according to the United Nations, are non-decolonized. The list was initially prepared in 1946 pursuant to Chapter XI of the United Nations Charter, and has been updated by the General Assembly on recommendation...
Hawaii as a non-self-Governing territory under the administration of the United States (Resolution 55(I) of 1946-12-14). Also listed as non-self-governing territories under the jurisdiction of the United States were Alaska Territory
Alaska Territory
The Territory of Alaska was an organized incorporated territory of the United States that existed from August 24, 1912, until January 3, 1959, when it was admitted to the Union as the State of Alaska...
, American Samoa
American Samoa
American Samoa is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the sovereign state of Samoa...
, Guam
Guam
Guam is an organized, unincorporated territory of the United States located in the western Pacific Ocean. It is one of five U.S. territories with an established civilian government. Guam is listed as one of 16 Non-Self-Governing Territories by the Special Committee on Decolonization of the United...
, Puerto Rico
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
, and the Virgin Islands
Virgin Islands
The Virgin Islands are the western island group of the Leeward Islands, which are the northern part of the Lesser Antilles, which form the border between the Caribbean Sea and the Atlantic Ocean...
.
UN Obligations United States had to Hawaii (1946–1959)
In 1946, Hawaii was placed on the United Nations list of Non-Self-Governing Territories. America transmitted annual reports on Hawaii to the United Nations Secretary General from 1946 until September 1959. By a letter of September 17, 1959, after a statehood vote in Hawaii with 94% approval, the United States notified the U.N. Secretary General that Hawaii had become a State of the Union in August 1959 and that the United States would thereafter cease to transmit information to the United Nations. The United Nations accepted this notification and removed Hawaii from the list of non-self-governing territories, recognizing the Statehood of Hawaii.The acceptance of statehood for Hawaii was not without its share of controversy. Many Native Hawaiians in Hawaii protested against statehood. Also, various bills of admission were stalled in Congressional hearings since the early 1900s because of the racial prejudices of many members of the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. There was a fear of establishing a state that was governed by an ethnic minority, namely the large Asian American
Asian American
Asian Americans are Americans of Asian descent. The U.S. Census Bureau definition of Asians as "Asian” refers to a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Indonesia, Japan,...
population. Lawmakers questioned the American patriotism of Hawaii residents. Upon the election of John A. Burns
John A. Burns
John Anthony Burns served as the second Governor of Hawaii from 1962 to 1974. Born in Fort Assinniboine, Montana, Burns was a resident of Hawaii from 1913....
from the Hawaii Democratic Party as delegate of the Territory of Hawaii to Congress, southern leaders charged that Burns' election was evidence of Hawaii as a haven for communism
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...
. John A. Burns, in 1959, would reflect on the obstacles against the statehood campaign and place more emphasis on the resistance to statehood in the islands, rather than in Washington itself.
The reasons why Hawaii did not achieve statehood, say, ten years ago—and one could without much exaggeration say sixty years ago—lie not in the Congress but in Hawaii. The most effective opposition to statehood has always originated in Hawaii itself. For the most part it has remained under cover and has marched under other banners. Such opposition could not afford to disclose itself, since it was so decidedly against the interests and desires of Hawaii's people generally.
Southern lawmakers
Burns was involved in vigorous lobbying of his colleagues persuading them that the race-based objections were unfair and charges that Communist PartyCommunist Party of Hawaii
The Communist Party of Hawaii was the regional party of the Communist Party USA in the United States Territory of Hawaii.-Appeal:The party targeted poor working class such as the stevedores and plantation workers in the Territory.-Unions:...
sympathizers controlled Hawaii were blatant lies. Burns worked especially hard with the southern Democrats, led by Lyndon Johnson, who blocked the various Hawaii statehood bills. Upon leaving her seat as delegate from Hawaii, Elizabeth P. Farrington
Elizabeth P. Farrington
Mary Elizabeth Pruett Farrington , usually called Elizabeth P. Farrington, was publisher of the Honolulu Star-Bulletin and an American statesman who served as delegate to the United States Congress for the Territory of Hawai'i. She was the wife to Joseph Rider Farrington, whom she had succeeded in...
said, "Of course, Lyndon Johnson was no friend of statehood." Farrington added, "There were 22 times when he voted against us. He did everything he could, because he was representing the Southern racial opposition." She claimed Johnson had a fear that Hawaii would send representatives and senators to Congress who would oppose segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
, in spite of Johnson's record as a supporter of civil rights for blacks (Johnson had hedged in his support for the Civil Rights Act of 1957
Civil Rights Act of 1957
The Civil Rights Act of 1957, , primarily a voting rights bill, was the first civil rights legislation enacted by Congress in the United States since Reconstruction following the American Civil War.Following the historic US Supreme Court ruling in Brown v...
to avoid splitting his party, giving it modest support and was to finally break up a Southern Democratic attempt to filibuster the Civil Rights Act of 1960
Civil Rights Act of 1960
The Civil Rights Act of 1960 was a United States federal law that established federal inspection of local voter registration rolls and introduced penalties for anyone who obstructed someone's attempt to register to vote or to vote...
).
Alice Kamokila Campbell
On the 53rd anniversary of the overthrow of the Hawaiian Kingdom, January 17, 1946, Territorial Senator Alice Kamokila Campbell, one of the few voices that opposed statehood for Hawaii, offered her testimony to the joint-congressional committee sent to investigate and report on statehood. Kamokila Campbell testified at Iolani Palace in front of a small crowd of 600 to frequent applause. There she stated.
I do not feel...we should forfeit the traditional rights and privileges of the natives of our islands for a mere thimbleful of votes in Congress, that we, the lovers of Hawaii from long association with it should sacrifice our birthright for the greed of alien desires to remain on our shores, that we should satisfy the thirst for power and control of some inflated industrialists and politicians who hide under the guise of friends of Hawaii, yet still keeping an eagle eye on the financial and political pressure button of subjugation over the people in general of these islands.
Rather than any residual feelings of Hawaiian Nationalism or Royalist loyalties, Campbell was motivated by a fear of Asian voters gaining control of the State. The Territory was ruled by appointed Governors and appointed judges. Testifying before Congressional hearings on Statehood, Campbell explained:
First I will give it to you from the standpoint of a Hawaiian, the land being the land of my people. I naturally am jealous of it being in the hands of any alien influence. It took us quite a while to get used to being Americans—from a Hawaiian to an American—but I am very proud today of being an American. I don’t want ever to feel that I am ashamed of being an American. But I think that in the past 10 years I have lost a sense of balance here in Hawaii as to the future safety of my land. This un-American influence has come into our country, and even in the report of the Governor you will see where he says one-third of the population are Japanese. If we are a State they would have the power to vote and they would use every exertion to see that every vote was counted, if we become a State. As it is now, I feel the confidence and I feel the sincerity of Congress, and know they are not going to forsake us.
In 1947 Kamokila Campbell opened the Anti-Statehood Clearing House, where she sent “anti-statehood information, reports and arguments to congress.”
On March 29, 1949, Kamokila Campbell successfully sued the Hawaii Statehood Commission, to stop them from spending public money to lobby for statehood, invalidating a single section of the Act which created the Hawaii Statehood Commission.
It does not necessarily follow that the invalidity of paragraph 10 of section 2 of the Act vitiates the entire Act. It contains a severability clause. The invalidity of a portion of the law does not necessarily render the remainder void.
This holding is clearly in accord with the doctrine of partial invalidity as adhered to in this jurisdiction. What remains is "* * *complete in itself and capable of being executed in accordance with the apparent legislative intent * * *" wholly independent of that which is rejected.
Voting
External links
- An Act to Provide for the Admission of the State of Hawaii into the Union (Act of March 18, 1959, Pub L 86-3, § 1, 73 Stat 4)
- USC 48 Ch 3, S. 3 HAWAII