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Hawaii Territorial Legislature

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The Hawaii Territorial Legislature was the legislative body of the Territory of Hawaii from 1900 to 1959 (when Hawaii became a state).

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47-628: The Hawaii Territorial Legislature was established on April 30, 1900, by the Hawaiian Organic Act which established the Territory of Hawaii as part of the United States . The Hawaii Territorial Legislature was established on April 30, 1900, by the Hawaiian Organic Act which annexed the Republic of Hawaii into the United States and established it as the Territory of Hawaii . All laws created by

94-511: A veto over whether their western counties could become states. The clause has since served the same function each time that a proposal to partition an existing state or states has arisen. Article IV, Section 3, Clause 1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by

141-565: A Constitution and government for the territory. The Act was replaced by the Hawaii Admission Act on August 21, 1959, when the territory was admitted to the Union as the State of Hawaii . The Island of Hawaii was first inhabited by Polynesians who arrived in canoes and spread to the other Hawaiian islands . After contact by British explorer James Cook during his third voyage (1776–1780),

188-624: A citizen of the United States , and any citizen of the United States who resided in the islands on or after August 12, 1898 would have to live there to become a citizen of the Territory of Hawaii . Certain offices that the Republic of Hawaii once supported would be abolished and replaced. For example, president, minister of foreign affairs, minister of the interior, minister of finance, minister of public instruction, auditor-general, deputy auditor-general, surveyor-general, marshal, and deputy marshal of

235-579: A four-year term. When a member of the Senate dies or resigns, a special election or a general election will appoint a new member to replace him. The United States Senate created six senatorial districts: A senator of the Hawaiian Islands must be a citizen of the United States, must be at least 30 years old, and must have lived in Hawaii for at least three years. The original text, written in 1900, requires that

282-443: A part of New York and was not admitted until New York consented); two large additions to Nevada , which became a state in 1864, were made in 1866 and 1867. There have been numerous minor adjustments to state boundaries over the years as a result of improved surveys, resolution of ambiguous or disputed boundary definitions, or minor mutually agreed boundary adjustments for administrative convenience or other purposes. One notable example

329-770: A person from either the Hawaii House of Representatives or Hawaii Senate is assaulted, detained or harmed, the offenders will be fined or detained for a maximum of 30 days. This also applies if the person violates or threatens any member of any house. Members of either house will be paid $ 1000 for each general session to which they attend. [Congress] is responsible for such payments from the United States Treasury . A bonus will be paid to any member who travels any distance for their general session of 20 cents per mile. A final bonus of $ 500 will be paid to any member who wishes to participate in any special session. Any member of

376-569: A rate higher than residents; and would have a republican form of government . Jefferson's original draft of the ordinance gave names to the proposed states and contained a provision that "After the year 1800 there shall be neither slavery nor involuntary servitude in any of them." The 1784 ordinance was superseded three years later by the Northwest Ordinance of 1787. Enacted by the Confederation Congress on July 13, 1787, it created

423-492: A senator must "be a male citizen of the United States;" this gender requirement stood until 1922. The house of representatives will hold 51 members who shall be elected from their representative district, the member will then be active until the following general election. In case a vacancy opens then a special election will be held to fill in that vacancy. The government of the United States has chosen to establish 18 representative districts which are as follows: Candidates to

470-617: Is under no obligation to admit states, even in those areas whose population expresses a desire for statehood. In one instance, Mormon pioneers in Salt Lake City sought to establish the state of Deseret in 1849. It existed for slightly over two years and was never approved by the Congress. In 1905, leaders of the Five Civilized Tribes (Cherokee, Chickasaw, Choctaw, Creek, and Seminole) in Indian Territory proposed to establish

517-503: The Northwest Territory , the first organized incorporated territory of the United States. The Northwest Ordinance (Article V) provided for the admission of several new states from within its bounds: There shall be formed in the said territory, not less than three nor more than five States [...] And, whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into

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564-593: The United States Congress to admit new states into the Union beyond the thirteen states that already existed when the Constitution came into effect . The Constitution went into effect on June 21, 1788, in the nine states that had ratified it, and the U.S. federal government began operations under it on March 4, 1789, when it was in effect in 11 out of the 13 states. Since then, 37 states have been admitted into

611-592: The equal footing doctrine. With the growth of states' rights advocacy during the antebellum period , the Supreme Court asserted, in Lessee of Pollard v. Hagan (1845), that the Constitution mandated admission of new states on the basis of equality. Historically, most new states formed by Congress have been established from an organized incorporated U.S. territory, created and governed by Congress in accord with its plenary power under Article IV, Section 3, Clause 2 of

658-465: The 1787 Northwest Ordinance , both of which predate the U.S. Constitution. The Admission to the Union Clause forbids the creation of new states from parts of existing states without the consent of all of the affected states and that of Congress. The primary intent of the caveat was to give the four Eastern States that still had western land claims (Connecticut, Georgia, North Carolina, and Virginia)

705-513: The Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government: Provided, the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be fewer free inhabitants in

752-561: The Constitution of the Republic of Hawaii (1895), was suited for disloyal subjects at odds with the annexation; demonstrating how quickly political situations can change. Elections would be held on the second Tuesday of November, but the governor could make a special request 30 days in advance for an earlier election. An office holder who takes bribes and subdues to any type of corruption will have voting rights repealed and will no longer be allowed to run for any governmental office, unless they are pardoned and civil rights are restored. If

799-422: The Constitution. In some cases, an entire territory became a state; in others some part of a territory became a state. In most cases, the organized government of a territory made known the sentiment of its population in favor of statehood, usually by referendum. Congress then empowered that government to organize a constitutional convention to write a state constitution . Upon acceptance of that constitution, by

846-757: The House of Representatives must be 25 years of age, a citizen of the United States, and lived in Hawaii for at least three years. The original text, written in 1900, requires that a senator must "be a male citizen of the United States;" this gender requirement stood until 1922. Admission to the Union Admission to the Union is provided by the Admissions Clause of the United States Constitution in Article IV, Section 3, Clause 1 , which authorizes

893-803: The Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. Between 1781 and 1789, the United States was governed by a unicameral Congress, the Congress of the Confederation , which operated under authority granted to it by the Articles of Confederation , the nation's first constitution. The 11th Article authorized Congress to admit new states to

940-517: The Northwest Territory, Southwest Territory, and Mississippi Territory ; the 1791 cession by Maryland and Virginia of land to create the District of Columbia (Virginia's portion was returned in 1847); and the creation, on at least three occasions, of a new state ( Kentucky , Maine and West Virginia ) from a region of an existing state (Vermont was created from what was disputedly claimed to be

987-537: The Republic of Hawaii were retained, except for those "inconsistent with the Constitution or laws of the United States" or with the provisions of the Organic Act; various laws of the Republic of Hawaii were explicitly repealed in the text of the Organic Act. The Hawaii Territorial Legislature was a bicameral body comprising a Senate and a House of Representatives . Positions in both chambers were elected . Each had

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1034-753: The Republic of Hawaii. All laws in effect in the Republic of Hawaii would continue. Suits would be under the name of the Territory of Hawaii. Finally, the act stated that any contracts made after August 12, 1898 would be nullified and terminated since they would no longer be legally binding according to the United States Congress. Section 67 of the Act came under U.S. Supreme Court reference during World War II with regard to what martial law actually allowed, and more specifically, whether civilians could be tried by military courts. Section 67 derived from Article 31 of

1081-423: The Senate or House of Representatives found guilty disorderly behavior or neglect of duty can be censured or impeached. Any member can be pardoned for any words that he may have said during a general session. Any member can also be pardoned of any crime while he is away on their respective house sessions, unless the crime includes any form of treason , felony , or breach of peace. The Senate had 25 members, having

1128-567: The State than sixty thousand. While the Articles of Confederation were in effect, the Congress considered various ordinances admitting particular new states into the Union, none of which were approved: Considered one of the most important legislative acts of the Confederation Congress, the Northwest Ordinance established the precedent by which the Federal government would be sovereign and expand westward with

1175-603: The Territorial Legislature. However, the Organic Act required that members of the legislature be male citizens of the United States. In 1922, the United States Congress passed a bill to modify the Organic Act to allow women to hold office. The first woman in the Hawaii Territorial Legislature was Rosalie Keliʻinoi , elected to the Territorial House of Representatives in 1925. Elsie Wilcox became

1222-421: The Territory of Hawaii had 51 members (30 members until February 18, 1959), elected to two-year terms. There were eighteen representative districts, which were each entitled to elect somewhere from one to six representatives. Representatives were required to be United States citizens who were older than 25, eligible to vote, and had lived in Hawaii for three years. The Hawaii Territorial Legislature adjourned for

1269-465: The Union has been delayed by complicating factors. Among them, Michigan Territory , which petitioned Congress for statehood in 1835, was not admitted to the Union until 1837, because of a boundary dispute with the adjacent state of Ohio. The independent Republic of Texas requested annexation to the United States in 1837, but fears about potential conflict with Mexico delayed the admission of Texas for nine years. Also, statehood for Kansas Territory

1316-459: The Union provided nine states consented. Under the Articles, each state cast one vote on each proposed measure in Congress. During this period, the Confederation Congress enacted two ordinances governing the admission of new states into the Union. The first such ordinance was the Land Ordinance of 1784, enacted April 23, 1784. Thomas Jefferson was its principal author. The ordinance called for

1363-449: The Union. Each new state has been admitted on an equal footing with those already in existence. Of the 37 states admitted to the Union by Congress, all but six have been established within existing U.S. organized incorporated territories . A state that was so created might encompass all or part of a territory. When the people of a territory or a region have grown to a sufficient population and have made their desire for statehood known to

1410-425: The admission of new states, rather than with the expansion of existing states and their established sovereignty under the Articles of Confederation. No new states were formed in the Northwest Territory under either ordinance. In 1789, the 1st United States Congress reaffirmed the Northwest Ordinance with slight modifications. The Northwest Territory remained in existence until 1803, when the southeastern portion of it

1457-405: The federal government, Congress in most cases has passed an enabling act , authorizing the people of that territory or region to frame a proposed state constitution as a step toward admission to the Union. The use of an enabling act has been a common historic practice, but several states were admitted to the Union without one. In many instances, an enabling act would detail the mechanism by which

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1504-465: The final time on May 2, 1959, when Hawaii became a state and the Hawaii State Legislature therefore became its legislative body. Hawaiian Organic Act The Hawaiian Organic Act , Pub. L.   56–339 , 31  Stat.   141 , enacted April 30, 1900 , was an organic act enacted by the United States Congress to establish the Territory of Hawaii and to provide

1551-461: The first woman elected to the Territorial Senate in 1933. The Senate of the Territory of Hawaii had 25 members (15 members until February 18, 1959), elected for four-year terms. Members, required to be United States citizens who were older than 30, eligible to vote, and had lived in Hawaii for three years, were initially elected from six senatorial districts: The House of Representatives of

1598-536: The islands became well known and Europeans came and inhabited them. The French government was interested in the islands and wanted to establish Catholicism . The Kingdom of Hawaii became more influenced by the United States which set up trade relations with the Kingdom. After the overthrow of the Hawaiian Kingdom in 1893, the new Republic of Hawaii government lobbied for annexation by the United States. Annexation

1645-632: The land (recently confirmed as part of the United States by the Treaty of Paris ) west of the Appalachian Mountains , north of the Ohio River and east of the Mississippi River to eventually be divided into ten states. Once a given area reached 20,000 inhabitants, it could call a constitutional convention and form a provisional government . Then, upon enacting a state constitution which affirmed that

1692-647: The legislature. Those held in even-numbered years, called "budget sessions", were restricted to matters related to the budget , elections, and impeachment of officials. Sessions began on the third Wednesday in February. The Hawaii Territorial Legislature convened at ʻIolani Palace . Very soon after the passage of the Nineteenth Amendment to the United States Constitution in 1920, which allowed women to vote in elections, women began seeking election to

1739-410: The new Constitution went into effect Congress admitted Vermont and Kentucky on equal terms with the existing 13 states and thereafter formalized the condition in its acts of admission for subsequent states. Thus the Congress, utilizing the discretion allowed by the framers, adopted a policy of equal status for all newly admitted states. The constitutional principle derived from these actions is known as

1786-404: The new state would forever be part of the Confederation, it would be admitted on an equal footing with all other states, based on a majority vote in Congress. Stipulations for new state dictated that it would be subject to the Articles of Confederation and acts of Congress; would be subject to payment for federal debts; would not tax federal properties within the state border or tax non-residents at

1833-509: The people of the territory and then by Congress, Congress would adopt by simple majority vote a joint resolution granting statehood. Then the President of the United States would sign the resolution and issue a proclamation announcing that a new state had been added to the Union. While Congress, which has ultimate authority over the admission of new states, has usually followed this procedure, there have been occasions when it did not. Congress

1880-404: The phrase, fearing that the political power of future new western states would ultimately overwhelm that of the established eastern states. Delegates, understanding that the number of states would inevitably increase, did agree to include wording into this clause to preclude formation of a new state out of an established one without the consent of the established state as well as the Congress. It

1927-416: The power to select its own officers and design its procedural rules. A quorum was defined as the majority of the members of a given chamber, and a vote by a quorum was sufficient for "the conduct of ordinary business", but a simple majority was required for the passage of laws. Legislative sessions were required to be held in odd-numbered years, and could be held in even-numbered years at the discretion of

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1974-574: The state of Sequoyah as a means to retain control of their lands. The proposed constitution ultimately failed in Congress. Instead, the Indian Territory was incorporated into the new state of Oklahoma in 1907. Some U.S. territories existed only a short time before becoming states, while others remained territories for decades. The shortest-lived was Alabama Territory at 2 years, while New Mexico and Hawaii territories both were in existence for more than 50 years. The entry of several states into

2021-462: The territory would be admitted as a state after the ratification of their constitution and the election of state officers. Although the use of such an act is a traditional historic practice, several territories have drafted constitutions for submission to Congress absent an enabling act but were subsequently admitted. The broad outline for the process was established by the Land Ordinance of 1784 and

2068-484: Was admitted to the Union as the State of Ohio , and the remainder was reorganized. At the 1787 Constitutional Convention , a proposal to include the phrase "new States shall be admitted on the same terms with the original States" in the new states clause was defeated. That proposal would have taken the policy articulated in the Ordinance of 1784 and made it a constitutional imperative. Many delegates objected to including

2115-482: Was anticipated that Kentucky (which was a part of Virginia), Franklin (which was a part of North Carolina, and later became part of the Southwest Territory), Vermont (to which New York asserted a disputed claim), and Maine (which was a part of Massachusetts ), would become states. As a result of this compromise, new breakaway states are permitted to join the Union but only with the proper consents. Shortly after

2162-468: Was approved by President William McKinley and Hawaii was incorporated as part of the territory of the United States on August 12, 1898, and then, in April 1900, organized as the territory of Hawaii . The Act stated that Honolulu, on Oahu , would be the capital of the Territory of Hawaii. The Act stated that any person who was a citizen of the Republic of Hawaii on or before August 12, 1898 would also be

2209-472: Was held up for several years (1854–1861) because of a series of internal violent conflicts involving anti-slavery and pro-slavery factions. Once established, most state borders have, with few exceptions, been generally stable. Notable exceptions include: the various portions (the Western land claims) of several original states ceded over a period of several years to the federal government, which in turn became

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