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{{short description|Statute which established the State of Hawaii}} |
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[[Image:hawaiistatehoodcake.jpg|thumb|360px|In April 1959, Hawaii Delegate John A. Burns prepared to slice the Hawaii Statehood Cake at Capitol Hill with Democrat Congressmen D. S. Saund of California, James Haley of Florida and Al Ullman of Oregon.]] |
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{{Use mdy dates|date=November 2012}} |
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{{Infobox U.S. legislation |
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| shorttitle = Hawaii Admission Act |
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| othershorttitles = |
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| longtitle = An Act to provide for the admission of the State of Hawaii into the Union. |
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| colloquialacronym = |
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| nickname = Hawaii Statehood |
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| enacted by = 86th |
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| effective date = March 18, 1959 |
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| public law url = http://www.gpo.gov/fdsys/pkg/STATUTE-73/pdf/STATUTE-73-Pg4.pdf |
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| cite public law = 86-3 |
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| cite statutes at large = {{usstat|73|4}} |
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| acts amended = |
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| acts repealed = |
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| title amended = <!--US code titles changed--> |
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| sections created = <!--{{USC}} can be used--> |
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| sections amended = |
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| leghisturl = |
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| introducedin = Senate |
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| introducedbill = {{USBill|86|S.|50}} |
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| introducedby = <!--sponsor(s)--> |
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| introduceddate = |
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| committees = |
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| passedbody1 = Senate |
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| passeddate1 = March 11, 1959 |
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| passedvote1 = [http://www.govtrack.us/congress/votes/86-1959/s21 76–15] |
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| passedbody2 = House |
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| passedas2 = <!-- used if the second body changes the name of the legislation --> |
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| passeddate2 = March 12, 1959 |
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| passedvote2 = [http://www.govtrack.us/congress/votes/86-1959/h6 323–89], in lieu of {{USBill|86|H.R.|4221}} |
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| conferencedate = |
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| passedbody3 = |
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| passeddate3 = |
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| passedvote3 = |
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| agreedbody3 = <!-- used when the other body agrees without going into committee --> |
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| agreeddate3 = <!-- used when the other body agrees without going into committee --> |
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| agreedvote3 = <!-- used when the other body agrees without going into committee --> |
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| agreedbody4 = <!-- used if agreedbody3 further amends legislation --> |
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| agreeddate4 = <!-- used if agreedbody3 further amends legislation --> |
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| agreedvote4 = <!-- used if agreedbody3 further amends legislation --> |
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| passedbody4 = |
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| passeddate4 = |
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| passedvote4 = |
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| signedpresident = [[Dwight D. Eisenhower]] |
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| signeddate = March 18, 1959 |
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| unsignedpresident = <!-- used when passed without presidential signing --> |
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| unsigneddate = <!-- used when passed without presidential signing --> |
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| vetoedpresident = <!-- used when passed by overriding presidential veto --> |
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| vetoeddate = <!-- used when passed by overriding presidential veto --> |
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| overriddenbody1 = <!-- used when passed by overriding presidential veto --> |
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| overriddendate1 = <!-- used when passed by overriding presidential veto --> |
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| overriddenvote1 = <!-- used when passed by overriding presidential veto --> |
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| overriddenbody2 = <!-- used when passed by overriding presidential veto --> |
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| overriddendate2 = <!-- used when passed by overriding presidential veto --> |
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| overriddenvote2 = <!-- used when passed by overriding presidential veto --> |
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| amendments = |
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| SCOTUS cases = |
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}} |
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The '''Admission Act''', formally '''An Act to Provide for the Admission of the State of Hawaii into the Union''' ({{USStatute|86|3|73|4|1959|03|18}}) is a [[statute]] enacted by the [[United States Congress]] and signed into law by [[President of the United States|President]] [[Dwight D. Eisenhower]] which dissolved the [[Territory of Hawaii]] and established the [[Hawaii|State of Hawaii]] as the 50th [[U.S. state|state]] to be [[admission to the Union|admitted into the Union]].<ref>{{cite web |url=http://www.presidency.ucsb.edu/ws/index.php?pid=11686 |title=Dwight D. Eisenhower: "Statement by the President Upon Signing the Hawaii Statehood Bill.," March 18, 1959 |author1=Peters, Gerhard |author2=Woolley, John T |publisher = University of California – Santa Barbara |work= The American Presidency Project |access-date= 3 April 2014}}</ref> Statehood became effective on August 21, 1959.<ref>{{cite web|url=http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-chapter3-front&num=0&edition=prelim | title=48 USC 3 Hawaii}}</ref> Hawaii remains the most recent state to join the United States. |
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==Hawaii statehood and international law== |
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:''This article is in reference to Hawaii. For other uses of the term Admission Act, see the [[Admission Act (disambiguation)|disambiguation page]].'' |
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Prior to 1959, Hawaii was an [[Organized incorporated territories of the United States|organized incorporated territory of the United States]]. The territory was established in 1900 by the [[Hawaiian Organic Act]]. In 1946, the [[United Nations]] [[United Nations list of non-self-governing territories|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 [[American Samoa]], [[Guam]], the [[Panama Canal Zone]], [[Puerto Rico]], the [[Territory of Alaska]], and the [[United States Virgin Islands]]. |
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==Statehood vote== |
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---- |
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[[Image:Hawaiivotesinset.JPG|thumb|300px|left|Copy of an official ballot (inset) and referendum results approving the Admission Act]] |
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The '''Admission Act''', formally '''United States Public Law 86-3, 73 Stat 4, An Act to Provide for the Admission of the State of Hawaii into the Union''', is the official document passed by the [[United States Congress]] and signed by [[President of the United States]] [[Dwight Eisenhower]] on [[March 18]], [[1959]] that dissolved the [[Territory of Hawaii]] and established the [[Hawaii|State of Hawaii]]. Hawaii became the fiftieth state of the Union. |
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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. Of the approximately 140,000 votes cast, fewer than 8,000 rejected the Admission Act of 1959. |
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===Opposition to statehood=== |
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==Controversy== |
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The acceptance of statehood for Hawaii was not without its share of controversy. There were Native Hawaiians who protested against statehood. Prior to admission, various bills creating the state were stalled in congressional hearings since the early 1900s. There was a fear of establishing a state with an [[Asian Americans|Asian American]] plurality. Some lawmakers worried about the addition of Hawaii's residents to the United States, in light of protests and possibly split loyalties. |
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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]]. 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. |
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<blockquote> |
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Burns was involved in vigorous lobbying of his colleagues persuading them that the race-based objections were unfair and charges that Communist Party sympathizers controlled Hawaii were blatant lies. Burns worked especially hard with the southerners, 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." She cited Johnson's fear that Hawaii would send representatives and senators to Congress who would oppose segregation. Farrington added, "There were 22 times when he voted against us. He did everything he could, because he was representing the Southern racial opposition." |
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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.<ref>[[John A. Burns]], "Statehood and Hawaii's People," State Government 32 (Summer 1959): 132</ref> |
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</blockquote> |
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===Southern lawmakers=== |
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==Text of the Admission Act== |
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Burns was involved in vigorous lobbying of his colleagues persuading them that the race-based objections were unfair and charges that [[Communist Party of Hawaii|Communist]] sympathizers controlled Hawaii were false.{{citation needed|date=May 2018}} Upon leaving her seat as delegate from Hawaii, [[Elizabeth P. Farrington]] said, "Of course, [Democratic Majority Leader] 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."{{citation needed|date=May 2018}} Minutes from Johnson's tenure as head of the Senate Democratic Policy Committee indicate his repeated concessions on the issue to the segregationist Senator [[Richard Russell Jr.|Richard Russell]].<ref>{{cite book |last1=Caro |first1=Robert |title=Master of the Senate |page=509}}</ref> |
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=== |
===Alice Kamokila Campbell=== |
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On the 53rd anniversary of the overthrow of the Hawaiian Kingdom, January 17, 1946, Territorial Senator [[Alice Kamokilaikawai Campbell|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. |
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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Hawaii entitled "An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress of the United States, and appropriating money therefor", approved May 20, 1949 (Act 334, Session Laws of Hawaii, 1949), and adopted by a vote of the people of Hawaii in the election held on November 7, 1950, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed. |
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<blockquote> |
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===Section 02=== |
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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.<ref>John S. Whitehead, "The Anti-Statehood Movement and the Legacy of Alice Kamokila Campbell" in The Hawaiian Journal of History, vol. 27 (1993) – Article on one of the few voices opposing statehood for Hawaii in 1959, that of a prominent public and cultural figure, a descendant of Hawaiian royalty and an heir of the James Campbell Estate.</ref> |
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The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act, except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (off-shore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters. |
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</blockquote> |
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In 1947, Kamokila Campbell opened the Anti-Statehood Clearing House, where she sent "anti-statehood information, reports and arguments to congress."<ref>September 18, 1947, Honolulu Star-Bulletin</ref> |
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===Section 03=== |
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The constitution of the State of Hawaii shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. |
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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.<ref>{{cite web|url=https://www.leagle.com/decision/194934838haw3101308 | title=Campbell v. Stainback, et al., 1948}}</ref> |
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===Section 04=== |
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As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State, as provided in section 7, subsection (b) of this Act, subject to amendment or repeal only with the consent of the United States, and in no other manner: Provided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 212, and other provisions relating to the powers and duties of officers other than those charged with the administration of said Act, may be amended in the constitution, or in the manner required for State legislation, but the Hawaiian home-loan fund, the Hawaiian home-operating fund, and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for State legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administration of said Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for State legislation, but the qualifications of lessees shall not be changed except with the consent of the United States; and (3) that all proceeds and income from the "available lands", as defined by said Act, shall be used only in carrying out the provisions of said Act. |
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==Formation of the state== |
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===Section 05=== |
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The State of Hawaii's territory was defined thus in the Act: |
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(a) Except as provided in subsection (c) of this section, the State of Hawaii and its political subdivisions, as the case may be, shall succeed to the title of the Territory of Hawaii and its subdivisions in those lands and other properties in which the Territory and its subdivisions now hold title. |
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{{quotation| |
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(b) Except as provided in subsections (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States' title to all the public lands and other public property, and to all lands defined as "available lands" by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii. |
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The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the [[Territory of Hawaii]] on the date of enactment of this Act, except the atoll known as [[Palmyra Island]], together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the [[Midway Islands]], [[Johnston Island]], Sand Island (off-shore from Johnston Island), or [[Kingman Reef]], together with their appurtenant reefs and territorial waters.<ref>Hawaii Admission Act, s. 2</ref> |
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}} |
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==References== |
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(c) Any lands and other properties that, on the date Hawaii is admitted into the Union, are set aside pursuant to law for the use of the United States under any (1) Act of Congress, (2) Executive order, (3) proclamation of the President, or (4) proclamation of the Governor of Hawaii shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4), as the case may be. |
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{{reflist|2}} |
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==External links== |
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(d) Any public lands or other public property that is conveyed to the State of Hawaii by subsection (b) of this section but that, immediately prior to the admission of said State into the Union, is controlled by the United States pursuant to permit, license, or permission, written or verbal, from the Territory of Hawaii or any department thereof may, at any time during the five years following the admission of Hawaii into the Union, be set aside by Act of Congress or by Executive order of the President, made pursuant to law, for the use of the United States, and the lands or property so set aside shall, subject only to valid rights then existing, be the property of the United States. [Am July 12, 1960, Pub L 86-624, 74 Stat 422] |
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*[http://www.hawaii-nation.org/admission.html Hawaii-nation.org: "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) |
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*[https://web.archive.org/web/20121215152944/http://uscode.house.gov/download/pls/48C3.txt UScode.house.gov: USC 48 Ch 3, S. 3 HAWAII] |
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{{Wikisource|Admission Act for Hawaii}} |
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(e) Within five years from the date Hawaii is admitted into the Union, each Federal agency having control over any land or property that is retained by the United States pursuant to subsections (c) and (d) of this section shall report to the President the facts regarding its continued need for such land or property, and if the President determines that the land or property is no longer needed by the United States it shall be conveyed to the State of Hawaii. |
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{{Dwight D. Eisenhower}} |
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[[Category:Legal history of Hawaii]] |
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(f) The lands granted to the State of Hawaii by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part out of such public trust shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university. |
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[[Category:1959 in Hawaii]] |
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[[Category:United States federal civil rights legislation]] |
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(g) As used in this Act, the term "lands and other properties" includes public lands and other public property, and the term "public lands and other public property" means, and is limited to, the lands and properties that were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation approved July 7, 1898 (30 Stat. 750), or that have been acquired in exchange for lands or properties so ceded. |
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[[Category:United States federal territory and statehood legislation]] |
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[[Category:Pre-statehood history of Hawaii]] |
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(h) All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Hawaii or its political subdivisions pursuant to subsection (a), (b), or (e) of this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of Hawaii into the Union. |
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[[Category:86th United States Congress]] |
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[[Category:1959 in the United States]] |
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(i) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session, 67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (Public Law 212, Eighty-third Congress, first session, 67 Stat. 462) shall be applicable to the State of Hawaii, and the said State shall have the same rights as do existing States thereunder. |
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===Section 06=== |
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As soon as possible after the enactment of this Act, it shall be the duty of the President of the United States to certify such fact to the Governor of the Territory of Hawaii. Thereupon the Governor of the Territory shall, within thirty days after receipt of the official notification of such approval, issue his proclamation for the elections, as hereinafter provided, for officers of all State elective offices provided for by the constitution of the proposed State of Hawaii, and for two Senators and one Representative in Congress. In the first election of Senators from said State the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No identification or designation of either of the two senatorial offices, however, shall refer to or be taken to refer to the term of that office, nor shall any such identification or designation in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned. |
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===Section 07=== |
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(a) The proclamation of the Governor of Hawaii required by section 6 shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in section 6 shall be chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Hawaii for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Hawaii may prescribe. The Governor of Hawaii shall certify the results of said elections, as so ascertained, to the President of the United States. |
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(b) At an election designated by proclamation of the Governor of Hawaii, which may be either the primary or the general election held pursuant to subsection (a) of this section, or a territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, the following propositions: "(1) Shall Hawaii immediately be admitted into the Union as a State? (2) The boundaries of the State of Hawaii shall be as prescribed in the.... and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States. (3) All provisions of the Act of Congress approved.... reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people." |
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In the event the foregoing propositions are adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed State of Hawaii, ratified by the people at the election held on November 7, 1950, shall be deemed amended as follows: Section 1 of article XIII of said proposed constitution shall be deemed amended so as to contain the language of section 2 of this Act in lieu of any other language; article XI shall be deemed to include the provisions of section 4 of this Act; and section 8 of article XIV shall be deemed amended so as to contain the language of the third proposition above stated in lieu of any other language, and section 10 of article XVI shall be deemed amended by inserting the words "at which officers for all state elective offices provided for by this constitution and two Senators and one Representative in Congress shall be nominated and elected" in lieu of the words "at which officers for all state elective offices provided for by this constitution shall be nominated and elected; but the officers so to be elected shall in any event include two Senators and two Representatives to the Congress, and unless and until otherwise required by law, said Representatives shall be elected at large". |
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In the event the foregoing propositions are not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall cease to be effective. |
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The Governor of Hawaii is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Hawaii, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States. |
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(c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Hawaii, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 6 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. |
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Upon the issuance of said proclamation by the President, the State of Hawaii shall be deemed admitted into the Union as provided in section 1 of this Act. Until the said State is so admitted into the Union, the persons holding legislative, executive, and judicial office in, under, or by authority of the government of said Territory, and the Delegate in Congress thereof, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Hawaii into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representatives in the manner required by law, and the said Senators and Representatives shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. |
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===Section 08=== |
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The State of Hawaii upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., § 2a), for the Eighty-third Congress and each Congress thereafter. |
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===Section 09=== |
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Effective upon the admission of the State of Hawaii into the Union: |
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(a) the United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall henceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States; Provided, however, That the terms of office of the district judges for the District of Hawaii then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall appoint, by and with the advice and consent of the Senate, two district judges for the said district who shall hold office during good behavior; |
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(b) the last paragraph of section 133 of title 28, United States Code, is repealed; and |
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(c) subsection (a) of section 134 of title 28, United States Code, is amended by striking out the words "Hawaii and". The second sentence of the same section is amended by striking out the words "Hawaii and", "six and", and "respectively". |
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===Section 10=== |
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Statute text Effective upon the admission of the State of Hawaii into the Union the second paragraph of section 451 of title 28, United States Code, is amended by striking out the words "including the district courts of the United States for the districts of Hawaii and Puerto Rico," and inserting in lieu thereof the words "including the United States District for the District of Puerto Rico,". |
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===Section 11=== |
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Statute text Effective upon the admission of the State of Hawaii into the Union: |
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(a) the last paragraph of section 501 of title 28, United States Code, is repealed; |
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(b) the first sentence of subsection (a) of section 504 of title 28, United States Code, is amended by striking out at the end thereof the words ", except in the District of Hawaii, where the term shall be six years"; |
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(c) the first sentence of subsection (c) of section 541 of title 28, United States Code, is amended by striking out at the end thereof the words ", except in the District of Hawaii where the term shall be six years"; and |
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(d) subsection (d) of section 541 of title 28, United States Code is repealed. |
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===Section 12=== |
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No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law. |
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All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii. |
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===Section 13=== |
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Statute text Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Hawaii or the Supreme Court of the Territory of Hawaii in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Hawaii or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Hawaii and of the Supreme Court of the State of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union. |
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===Section 14=== |
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Effective upon the admission of the State of Hawaii into the Union: |
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(a) title 28, United States Code, section 1252, is amended by striking out "Hawaii and" from the clause relating to courts of record; |
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(b) title 28, United States Code, section 1293, is amended by striking out the words "First and Ninth Circuits" and by inserting in lieu thereof "First Circuit", and by striking out the words, "supreme courts of Puerto Rico and Hawaii, respectively" and inserting in lieu thereof, "supreme court of Puerto Rico"; |
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(c) title 28, United States Code, section 1294, as amended, is further amended by striking out paragraph (4) thereof and by renumbering paragraphs (5) and (6) accordingly; |
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(d) the first paragraph of section 373 of title 28, United States Code, as amended, is further amended by striking out the words "United States District Courts for the districts of Hawaii or Puerto Rico," and inserting in lieu thereof the words "United States District Court for the District of Puerto Rico,"; and by striking out the words "and any justice of the Supreme Court of the Territory of Hawaii": Provided, That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection: And provided further, That service as a judge of the District Court for the Territory of Hawaii or as a judge of the United States District Court for the District of Hawaii or as a justice of the Supreme Court of the Territory of Hawaii or as a judge of the circuit courts of the Territory of Hawaii shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Hawaii on the date of enactment of this Act; |
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(e) section 92 of the Act of April 30, 1900 (ch. 339, 31 Stat. 159), as amended, and the Act of May 29, 1928 (ch. 904, 45 Stat. 997), as amended, are repealed; |
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(f) section 86 of the Act approved April 30, 1900 (ch. 339, 31 Stat. 158), as amended, is repealed; |
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(g) section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words "Supreme Courts of Hawaii and Puerto Rico" and inserting in lieu thereof the words "Supreme Court of Puerto Rico"; |
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(h) section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words "Supreme Courts of Hawaii and Puerto Rico" and inserting in lieu thereof the words "Supreme Court of Puerto Rico"; |
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(i) section 91 of title 28, United States Code, as heretofore amended, is further amended by inserting after "Kure Island" and before "Baker Island" the words "Palmyra Island,"; and |
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(j) the Act of June 15, 1950 (64 Stat. 217; 48 U.S.C., § 644a), is amended by inserting after "Kure Island" and before "Baker Island" the words "Palmyra Island,". |
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===Section 15=== |
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All Territorial laws in force in the Territory of Hawaii at the time of its admission into the Union shall continue in force in the State of Hawaii, except as modified or changed by this Act or by the constitution of the State, and shall be subject to repeal or amendment by the Legislature of the State of Hawaii, except as provided in section 4 of this Act with respect to the Hawaiian Homes Commission Act, 1920, as amended; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States: Provided, That, except as herein otherwise provided, a Territorial law enacted by the Congress shall be terminated two years after the date of admission of the State of Hawaii into the Union or upon the effective date of any law enacted by the State of Hawaii which amends or repeals it, whichever may occur first. As used in this section, the term "Territorial laws" includes (in addition to laws enacted by the Territorial Legislature of Hawaii) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Hawaii prior to its admission into the Union, and the term "laws of the United States" includes all laws or parts thereof enacted by the Congress that (1) apply to or within Hawaii at the time of its admission into the Union, (2) are not "Territorial laws" as defined in this paragraph, (3) are not in conflict with any other provision of this Act. |
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===Section 16=== |
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(a) Notwithstanding the admission of the State of Hawaii into the Union, the United States shall continue to have sole and exclusive jurisdiction over the area which may then or thereafter be included in Hawaii National Park, saving, however, to the State of Hawaii the same rights as are reserved to the Territory of Hawaii by section 1 of the Act of April 19, 1930 (46 Stat. 227), and saving, further, to persons then or thereafter residing within such area the right to vote at all elections held within the political subdivisions where they respectively reside. Upon the admission of said State all references to the Territory of Hawaii in said Act or in other laws relating to Hawaii National Park shall be deemed to refer to the State of Hawaii. Nothing contained in this Act shall be construed to affect the ownership and control by the United States of any lands or other property within Hawaii National Park which may now belong to, or which may hereafter be acquired by, the United States. |
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(b) Notwithstanding the admission of the State of Hawaii into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are controlled or owned by the United States and held for Defense or Coast Guard purposes, whether such lands were acquired by cession and transfer to the United States by the Republic of Hawaii and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Hawaii for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Hawaii shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Hawaii, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for Defense or Coast Guard purposes: Provided, however, That the United States shall continue to have sole and exclusive jurisdiction over such military installations as have been heretofore or hereafter determined to be critical areas as delineated by the President of the United States and/or the Secretary of Defense. |
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===Section 17=== |
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The next to last sentence of the first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) as amended by section 19 of the Act of July 7, 1958, (72 Stat. 339, 350) is amended by inserting after the word "Alaska" the words "or Hawaii." |
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===Section 18=== |
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(a) Nothing contained in this Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Hawaii and other ports in the United States, or possessions, or as conferring on the Interstate Commerce Commission jurisdiction over transportation by water between any such ports. |
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(b) Effective on the admission of the State of Hawaii into the Union - |
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(1) The first sentence of section 506 of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1156), is amended by inserting before the words "an island possession or island territory," the words "the State of Hawaii, or"; |
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(2) Section 605(a) of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1175), is amended by inserting before the words "an island possession or island territory", the words "the State of Hawaii, or"; and |
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(3) The second paragraph of section 714 of the Merchant Marine Act, 1936, as amended (46 U.S.C., § 1204), is amended by inserting before the words "an island possession or island territory" the words "the State of Hawaii, or". |
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===Section 19=== |
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Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, or restore nationality heretofore lost under any law of the United States or under any treaty to which the United States is or was a party. |
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===Section 20=== |
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(a) Section 101 (a)(36) of the Immigration and Nationality Act (66 Stat. 170, 8 U.S.C., § 1101 (a)(36)), is amended by deleting the word "Hawaii,". |
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(b) Section 212 (d)(7) of the Immigration and Nationality Act (66 Stat. 188, 8 U.S.C., § 1182 (d)(7)), is amended by deleting from the first sentence thereof the word "Hawaii" and by deleting the proviso to said first sentence. |
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(c) The first sentence of section 310(a) of the Immigration and Nationality Act, as amended (66 Stat. 239, 8 U.S.C., § 1421(a), 72 Stat. 351) is further amended by deleting the words "for the Territory of Hawaii, and". |
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(d) Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 305 of the Immigration and Nationality Act (66 Stat. 237, 8 U.S.C., § 1405). |
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===Section 21=== |
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Effective upon the admission of the State of Hawaii into the Union, section 3, subsection (b), of the Act of September 7, 1957 (71 Stat. 629), is amended by substituting the words "State of Hawaii" for the words "Territory of Hawaii". |
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===Section 22=== |
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If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof in any circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word in other circumstances shall not be affected thereby. |
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===Section 23=== |
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All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress are hereby repealed. |
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[[Category:Government of Hawaii]] |
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 | |
| Long title | An Act to provide for the admission of the State of Hawaii into the Union. |
|---|---|
| Nicknames | Hawaii Statehood |
| Enacted by | the 86th United States Congress |
| Effective | March 18, 1959 |
| Citations | |
| Public law | 86-3 |
| Statutes at Large | 73 Stat. 4 |
| Legislative history | |
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The Admission Act, formally An Act to Provide for the Admission of the State of Hawaii into the Union (Pub. L.Tooltip Public Law (United States) 86–3, 73 Stat. 4, enacted March 18, 1959) 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.[1] Statehood became effective on August 21, 1959.[2] Hawaii remains the most recent state to join the United States.
Prior to 1959, Hawaii was an organized incorporated territory of the United States. The territory was established in 1900 by the Hawaiian Organic Act. In 1946, the United Nations 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 American Samoa, Guam, the Panama Canal Zone, Puerto Rico, the Territory of Alaska, and the United States Virgin Islands.
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. Of the approximately 140,000 votes cast, fewer than 8,000 rejected the Admission Act of 1959.
The acceptance of statehood for Hawaii was not without its share of controversy. There were Native Hawaiians who protested against statehood. Prior to admission, various bills creating the state were stalled in congressional hearings since the early 1900s. There was a fear of establishing a state with an Asian American plurality. Some lawmakers worried about the addition of Hawaii's residents to the United States, in light of protests and possibly split loyalties.
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. 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.[3]
Burns was involved in vigorous lobbying of his colleagues persuading them that the race-based objections were unfair and charges that Communist sympathizers controlled Hawaii were false.[citation needed] Upon leaving her seat as delegate from Hawaii, Elizabeth P. Farrington said, "Of course, [Democratic Majority Leader] 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."[citation needed] Minutes from Johnson's tenure as head of the Senate Democratic Policy Committee indicate his repeated concessions on the issue to the segregationist Senator Richard Russell.[4]
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.[5]
In 1947, Kamokila Campbell opened the Anti-Statehood Clearing House, where she sent "anti-statehood information, reports and arguments to congress."[6]
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.[7]
The State of Hawaii's territory was defined thus in the Act:
The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act, except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (off-shore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters.[8]
