Although the Kānaka Maoli did not encounter the horrors of systematic genocidal slaughter that marked the attacks on Indigenous peoples in other parts of the world, the impact of Western contact did threaten Kānaka Maoli existence. Disease ravished the Kānaka Maoli population due to their lack of immunity, leaving whole communities desolate; as well as, the introduction of venereal disease rendering many infertile.[22] As the population decreased, important cultural skills and knowledge were being lost. Education to the Kānaka Maoli and the publishing of palapala (written documents) became a primary focus of the aliʻi (the chiefly class),[23] first being institutionalized under Kaʻahumanu, the kuhina nui (head advisor) to Kamehameha II & III, then codified by the young king Kauikeaouli, Kamehameha the III; they instituted the first public school system West of the Mississippi, thereby, requiring all children and adults to read and write ʻōlelo Hawaiʻi. 

Kamehameha III, understanding that many of the foreigners on his shores had the false belief that since there was no written legislation, “there [must be] no law governing…social life,” this resulted in a high level of chaos and conflict.[24] In order to perpetuate the Monarchy and peace in his streets, Kamehameha III saw the need to codify the laws and property rights of the Kingdom. This was largely due to the increase of foreign interests, which had brought about religious conflicts between Protestants and Catholics, confusion over economic interests, and the threat of gun-boat diplomacy.  Much like the Parsi of India, the embracing of Westernized methods of law were intentioned to “protect community interests” from the influx of foreigners.[25]  The first government palapala, was the 1839 Hawaiian Bill of rights, which institutionalized Kamehameha I’s “law of the splintered paddle” which declared that the life, limb, liberty, earnings, and education of the Kānaka Maoli were protected from oppression; and that both the aliʻi and the makaʻāinana had a vested right to the lands; as long as they did not violate the laws.[26] Shortly afterward, through the guidance of William Richards, and the input of the highest ranking aliʻi, the Constitution of 1840 established a constitutional Monarchy, recognizing both legislative and executive branches of government.[27]  Much would change in the next fifty years. The kingdom would pass on to Kamehameha the IV, then the V, and later elect the rulers Lunalilo and Kalakaua.  The Constitution would be again revised in 1852, and 1864. In 1845, a judiciary would be instituted, followed by a penal code in 1847, then a civil code in 1859. Naturalization processes were established for foreigners. As well as the codification and protections of Kānaka Maoli property rights, in the instituting of the Great Māhele (sharing), thereby establishing Papala Sila Nui (Royal Patents) and Kuleana (responsibility) awards.  By 1846, the United States government formally recognized Hawaii as a fully independent nation, over twenty other world nations between 1848-1885 would follow America’s lead in recognizing the Hawaiian Kingdom as a diplomatic equal. By 1892, there were 110 Hawaiian kingdom consulates or embassies around the world. The foundation of Hawaiian Kingdom law had been laid. 

The first steps of limiting the rights of the Kānaka Maoli and increasing the political and economic power of the Haole stem from the changes in voting rights. After the Constitution of 1840 established birth-right citizenship all Hawaiian citizens had the right to vote, however Kamehameha V, in the Constitution of 1864, pulled back full voting rights by establishing a property clause.[28] This would limit many makaʻāinana (commoners) the right to vote and increase the political power of the Hawaii-born or naturalized within the Haole community. Then, Kamehameha V, in an interest to increase Kingdom revenue, opened up government lands and water rights to be leased, furthering the economic power that the sugar planters would begin to amass. As disease and infertility continued to cause the decline of the Kānaka Maoli population, economic and political power began to rise within the Haole elite.[29] The sugar industry would again win an economic boost upon Kalākaua’s signing of the Reciprocity Treaty of 1875, a seven year free-trade agreement with the United States, which would exclusively allow Hawaiʻi sugar growers to import their products into US ports duty-free, in exchange the United States would gain privileged use of Pearl Harbor.[30]  While at the time Kalākaua believed that this would benefit the economic stability of the Hawaiian Kingdom government, the reality was that it multiplied the economic power held by the sugar planters. This group would later be known as the Big Five, businessmen with ties to America who had invested in the sugar industry. Nor did Kalākaua understand that by opening up Pearl Harbor to American use that it would lead to the United States’ increasing awareness of Pearl Harborʻs strategic prominence in the Pacific. With the increase of sugar production, population and demography of Hawaiʻi too began to change dramatically with the influx of contract laborers that the sugar barons brought in to work the fields.

Then in 1887, towards the end of Kalākauaʻs reign, the sugar planters furious that he would not authorize another reciprocity treaty with the United States, and concerned towards Kalākaua’s actions of diplomacy to unite the Pacific, conspired to take steps towards annexation. Criticism of Kalākaua increased dramatically among Haole reformers who had organized into a secretive committee of thirteen who called themselves “the Hawaiian League”, the natives called them the “missionary party.”[31] Their first step was to organize into an all-white militia, which in turn led Kalākaua into being forced to sign the “Bayonet Constitution;” a constitution that took voting rights away from the Kānaka Maoli, turned Kalākaua into a ceremonial leader, and solidified power into the hands of the sugar planters and Haole businessmen.[32]  Nevertheless, total control would be short lived, by the 1890 election, Kānaka Maoli and Haole allies voted out many of the “reform” members from the legislature, thereby being able to return some power to the King.  However, before the King could pass a new Constitutional convention, he died, leaving the thrown and an unfair constitution to his sister Liliʻuokalani.

            Then in 1893, triggered by Queen Liliu’okalani’s attempt to return political power to the Kanaka Maoli, many of the same members of the “missionary party,” mostly American planters and businessmen, all pro-annexationists, formed themselves into another secretive organization with a goal towards US annexation. Under the guise of protecting the interests of the Hawaiian citizenry, they called themselves the Committee of Safety; however, the citizenry that in fact they intended to protect were the White inhabitants of the nation, both citizens and non-citizens alike, as well as their white economic interests.[33] Then on the morning of January 16, 1893, with the help of the United States’ Marines disembarking on Hawaiiʻs soil with full military intimidation, the conspirators staged a coup against the Hawaiian Kingdom and forcibly dethroned the Queen.[34] The thirteen quickly established an all-white Provisional government (1893-1894), declared strict martial law, confiscated Kānaka Maoli weapons, oppressed any rights that the Kānaka Maoli had previously enjoyed, instituted laws to limit non-white political participation, outlawed all seventy Hawaiian language publications, and seized all crown/government lands and the royalties’ wealth.[35] In an effort to validate their “legal” right to “overthrow” the Kingdom, they took the established Kingdom laws as their foundation, erasing the power of the monarchy, and revising the current laws to benefit their white interests and control.[36] One of their goals was annexation to the United States, however, this would be delayed for several reasons. First, President Cleveland authorized US commissioner James Blount to investigated and determine if the actions had been illegal and against the Treaty of Friendship (1826) that should have been honored by the American government. After a six month long investigation in Hawaii, due to the findings within the Blount Report, President Cleveland determined that the actions had been illegal, and called on the reinstatement of Queen Liliʻuokalani, authorizing the removal of all American military personnel.[37] However, neither Cleveland nor Congress initiated military intervention to enforce the order and restore the throne, then President McKinley who favored annexation was sworn into office, ending any possible US intercession.[38] Second, the United States found themselves embroiled in the Spanish American war, slowing down the annexation process further.  Consequently, cohorts of the conspiracy, the oligarchy of businessmen and planters, rewrote the constitution and installed what they called, the Republic of Hawaii in 1894, an all-white business-interested government. [39]  Capitalistic interests propelled the Haole community to support the Oligarchy’s actions; “people who control the power and the wealth are invested in keeping people at the bottom because it means that they can acquire more wealth.” [40] In response, Kingdom loyalists, both Kānaka Maoli and Haole, took steps to reclaim the throne and re-install the Queen (1895). They secretly began amassing weapons; however, before actions could be taken their plans were exposed. The result was, Queen Liliʻuokalani was imprisoned in her palace, her loyalists were charged with “treason,” incarcerated, their property and lands confiscated, and threatened with death. [41] The non-Kānaka Maoli sympathizers property was also confiscated, before they were deported. As a result, the Queen was forced to abdicate her thrown. The new false Republic, using the playbook of settler colonialists, strictly enforced martial law, impounded all civilian weapons, banned the Hawaiian language, instituted laws to limit non-white governmental participation, and restricted voting, ensuring that Hawaii would become a white dominant society.[42]

After the war in the Philippines, in 1898, the US Congress seeing the strategic benefit towards maintaining control of Hawaii for their military interests, began steps towards annexation. Despite a signed petition of protest by over 22,000 Kānaka Maoli and Hawaiian citizens, and numerous letters of protest written by the Queen, the Republic of Hawaii was illegally annexed by that non-ratified joint resolution, the “Newlandʻs Resolution,” sanctioning the illegal occupation by proclamation.[43] This was not a treaty of annexation, in spite of that, the US legislature, President McKinley, and the Republic of Hawaii began actions as if it were, signing of the Organic Act. The Oligarchy’s successful seizure of power, sustained by the United States government, established Hawaii as a settler colony state dominated by a small group of elite white families.

The Territory of Hawaii (1900-1959) was born, and the Americanization process began.[44] Its governmental officials were still representatives of the Oligarchy, the President of the Republic of Hawaii became the first Governor of the Territory of Hawaii, thereby still maintaining both political and all economical control within the islands by the Big Five.[45]  The laws, having links to Kingdom Law, were called “Hawaii Revised Statutes,” written primarily to benefit the White oligarchs. While, Kānaka Maoli were again allowed to vote, but only, if they denounced the monarchy and were registered “citizens” of the new government.[46] Although, there were short-lived possibilities of Kānaka Maoli representation with the installment of Congressional representatives Robert Wilcox (1900-1903, part-Kanaka Maoli legislator under the Kingdom) and Prince Kūhio (1903-1922) at the federal level, this right would be curtailed by property requirements less than twenty years later, again placing governmental leadership in the hands of non-Kānaka Maoli.[47]  The Oligarchy, the Big Five and other white businessmen, would continue to dominate the economy and government control until Statehood was established in 1958.  However, Kānaka Maoli would not start to regain some recognition, political authority or cultural economic say until the 1978 at the State Constitutional convention. The new constitution authorized the creation of the state-sponsored Office of Hawaiian Affairs, recognized Hawaiian language as an official state language, required government funding to support and preserve the Hawaiian culture, history and education, and preserved Native Hawaiian gathering rights.[48]

The fight for self-determinatioon has been a long ardous one for many Kanaka Maoli; fraught with disappointment, frustration, anger, and hopelessness.  The colonial exploitation that followed the overthrow, which resulted in the divestment, displacement and loss of Kanaka Maoli rights to their culture, lifestyle, and spirituality, has been at the forefront of what has become the rallying cry for the Hawaiian activist movements throughout Hawaii, ʻAloha ʻĀina, (love the land, care for the land). This project is designed to re-evaluate our understanding of the historical record.