Hawaiian Kingdom Laws

HAWAIIAN LAWS

The overthrow violated nearly every protection in the Constitution of 1864. Hawaiian law did not authorize the transfer of sovereignty to the U.S. or the creation of the Provisional Government.

Thus, under both Hawaiian Kingdom law and international law, the overthrow was illegal—and the continuity of the Hawaiian Kingdom remains intact to this day.

Hawaiian Kingdom Constitution of 1864 vs. Violations in 1893
Constitutional Right (1864)
Article
What the Law Guaranteed
Violation in 1893 Overthrow
Inalienable Rights
Art. 1
Life, liberty, and pursuit of happiness.
The overthrow, backed by U.S. Marines, removed liberty and sovereignty of Hawaiian Subjects without consent.
Freedom of Religion
Art. 12
All were free to worship according to conscience.
Churches were pressured to support the Provisional Government; loyalty oaths violated conscience.
Due Process of Law
Art. 14
No punishment without lawful trial.
Queen Liliʻuokalani and her supporters were placed under house arrest and imprisoned without proper trial.
Freedom of Speech & Press
Art. 20
Right to free expression, except for libel/indecency.
Newspapers loyal to the Queen were censored or shut down by the insurgents.
Protection from Arbitrary Rule
Art. 78
Monarch governs by Constitution and law, not arbitrary will.
Queen’s lawful authority was suspended by an armed coup with no legal basis.
Rights of Subjects
Art. 94
Hawaiian Subjects entitled to all rights and protections of the law.
Rights were stripped as the “Provisional Government” forced Hawaiian Subjects to swear allegiance or lose their jobs/property.
Legislative Power
Art. 45, 65
Laws required approval of King, Nobles, and Representatives.
Laws were imposed by the Provisional Government and later Republic without lawful legislative authority.
Taxation by Consent
Art. 68
No taxation without consent of the legislature.
The Republic of Hawai‘i imposed taxes on Hawaiian Subjects without a lawful legislature.
Judicial Independence
Art. 83–84
Judges held authority under the Kingdom.
Courts were taken over and stacked by insurgents loyal to the Provisional Government.
 
Key Point
The overthrow violated nearly every protection in the Constitution of 1864. Hawaiian law did not authorize the transfer of sovereignty to the U.S. or the creation of the Provisional Government.

Thus, under both Hawaiian Kingdom law and international law, the overthrow was illegal—and the continuity of the Hawaiian Kingdom remains intact to this day.