OHA/Office of Hawaiian Affairs an entity created by the occupier
entity State of Hawaii supported by the United States was recognized by
the United States.
The following are some of the active Hawaiian governments:
http://themolokainews.com/2011/07/12/lawful-hawaiian-government-rea...
Lawful Hawaiian Government reaches out to Molokai
Posted on July 12, 2011 by molokainews
Prime
Minister Henry Noa of the Lawful Hawaiian Government explains the
efforts of this movement in reinstating the Kingdom of Hawaii. Molokai
representative Duke Kalipi is on his left.
"On March 13, 1999 the Kanaka Maoili (Hawaiian) people
successfully reinstated the former offices of the Lawful Hawaiian
Government of the Kingdom of Hawaii --
So began the presentation of Henry Noa, Prime Minister of the Lawful
Hawaiian Government, during his visit to Molokai on Saturday. Noa, a
former schoolteacher and an Oahu resident, shared the progress, goals
and hopes of the LHG when he spoke to a room of about 30 people at
Kulana "Oiwi.
Using the Apology Resolution (Public Law 103-150) as the foundation
for establishing political authority, the LHG reinstated the Hawaii
government in 1999 and has since held four elections and convened its
own congress 35 times. Over the past 3-1/2 years, LHG has established
districts on all the Hawaiian islands with representatives participating
in the House of Nobles and the House of Representatives, a
reinstatement of the legislative bodies that existed under the former
Kingdom of Hawaii.
The Apology Resolution, adopted by both houses of the U.S. Congress
in 1993, acknowledges that the Kingdom of Hawaii was illegally
overthrown on Jan. 17, 1893. According to Noa, Hawaii Queen
Lili'uokalani executed an action of international law in her protest
letter. Written immediately prior to the overthrow, this action
maintains the Kingdom's rights to this day. The LHG, therefore, is
simply a continuation of the Kingdom of Hawaii.
LHG hopes to establish its claim using the international law
principle of "perfect right," which states, in effect, that a sovereign
nation does not have to ask other sovereign nations what it can or
cannot do. Because of Queen Lil'uokalani's protest letter, the former
Hawaiian Nation's perfect rights were never relinquished.
The principle of "imperfect right" occurs when an occupied people
asks the occupying government to return the sovereignty. Noa believes
the Akaka Bill is an example of executing imperfect law, which is why he
does not support the bill's effort to seek a federal designation for
Hawaii's people. "Where in the civilized world does the perpetrator and
admitted criminal of a crime dictate the terms and conditions to the
judgment?" asks Noa.
This pre-existing sovereignty is what separates Hawaii and its people
from the political movements and rights acquired by the indigenous
people of mainland United States and Alaska. In those cases, the Native
Americans were granted "nation within a nation" status, similar to what
is now being sought in the Akaka Bill. Noa believes that Hawaii needs to
work to "acquire independent sovereign nation status."
LHG uses its citizens, or "nationals", to exercise their rights under
international law in the hopes that contested court cases will help
establish legal precedent. A reclamation action in 2005 on the
uninhabited island of Kaho'olawe established a legal claim of land for
LHG that has been stuck in an intermediate court of appeals for three
years, according to Noa.
LHG has also implemented other "Government Authorized Exercises"
intended to test the rights to travel and conduct business. Out of these
GAE actions, LHG continues to build a database of human rights
violations. "Don't expect them to give you rights if you don't exercise
them," said Noa.
The LHG has re-established a Department of the Interior, Department
of Health and a Department of Transportation. It now has almost 400
nationals and over 7,000 citizen applications. A citizenship test is
required to become a national. The LHG had a turnout of 1,500 at its
last general election in 2007 and expects more at its upcoming elections
on Nov. 5 of this year.
LHG is now undertaking another project in an effort to establish
proper claimant status for its government. Known as Project ID "Aina,
the goal is to properly identify Hawaiian government and Crown lands
"that are currently illegally maintained by the de facto United States,
State of Hawaii and the various county governments against the claims of
the lawful Hawaiian Nation and Government." These are lands that, under
PL 103-150, "were never relinquished to the United States, by the
Hawaiian people, the Monarch and/or the sovereignty of Hawaii." More
commonly, these are known as ceded lands and Hawaiian Homestead lands by
the U.S. and State of Hawaii governments.
Noa and LHG hope to unify the Hawaiian people through Project ID
"Aina's process of education and organization. It begins by identifying
and assessing these public lands and then setting an ahu, or marker, on
each property. Lands maintained by the federal government will not be
addressed in this project.
The idea, said Noa, is not to be confrontational or divisive in this
effort. LHG does not want to create problems by placing an unwanted ahu
on kuleana lands. "We agree to those protocols, that's what has shaped
this whole process," he said.
Already, the County of Maui has recognized LHG and its efforts.
County Resolution 10-79 recognizes PL 103-150, the Universal Declaration
of Human Rights of 1948, the International Covenant on Civil and
Political Rights of 1966 and the International Covenant on Economic,
Social and Cultural Rights of 1966.
According to Noa, four LHG businesses -- complete with government
I.D.'s, license plates and registrations -- now operate on Maui. "Maui
County is doing the right thing to acknowledge our rights," said Noa.
Noa acknowledged the power of Molokai in taking the LHG movement
forward. "I believe this is where it's going to take off, right here,"
he said.
Noa also admits that this process would be easier if Hawaii was just
one island. Separating the legitimate from the illegitimate claims of 40
different groups that claim ali'i ancestry across the islands has been
"very difficult," he said. Now, the process has connected the islands so
that LHG can move forward.
On Molokai are nine registered nationals of LHG. One of them is Duke
Kalipi who is the designated representative for Molokai. He can be
reached at 213-5416 with any questions about LHG.
Any other communications for LHG can be sent to Prime Minister Noa
via Georgette Hugho at 392-3849 or by email at Email address removed.
*****************************
http://www.hawaiiankingdom.info/
From Dr. Sai"
UPDATE : AUGUST
5,2011 -- On August 4,2011,the Appellant filed with the U.S. District
Court of Appeals for the District of Columbia Circuit a Appellant's Reply to Motion for Summary Affirmance . In
the Reply,Appellant addresses the political question doctrine relied
upon by Appellees and why it is a flawed argument. Appellant requests
the Court to deny the Motion for Summary Affirmance and remand the case
back to the U.S. District Court for trial. To read more about the
federal lawsuit and pleadings go to http://hawaiiankingdom.org/sai-obama.shtml.
Molokai Dispatch has an article on Henry Noa and the reinstated Hawaiian nation.
Sai v Obama update From Dr. Sai"
UPDATE : AUGUST
1,2011 -- On July 22,2011,the Appellees filed with the U.S. District
Court of Appeals for the District of Columbia Circuit a Motion for Summary Affirmance . Appellees
are asking the Appellate Court to affirm the U.S. District Court's
determination that Appellant has presented a political question that
prevents the court from adjudicating Appellant's lawsuit. The Appellate
Court gave Appellant until August 4,2011 to file its Reply to the
Motion.
http://www.hawaii-nation.org/mandamus-proceeds.html
See Petition for Writ of Mandamus
Perfect Title co-founder's Supreme Court suit proceeds after White House fails to respond
A U.H. legal expert says Clinton's inaction is odd since he could have had the case thrown out
Honolulu Star-Bulletin
January 13, 1998
By Rob Perez
President Clinton has waived his right to respond to a U.S. Supreme Court lawsuit brought by an Oahu man claiming the 1850 treaty between the Hawaiian Kingdom and the United States still is in effect.
One legal expert called the development odd because he said Clinton
could have successfully asked the court to dismiss the lawsuit.
Clinton, through Solicitor General Seth P. Waxman, on Friday waived
his right to respond to the lawsuit filed last month by David Keanu Sai,
who believes the kingdom still exists.
Sai, appointed kingdom regent by a group of native Hawaiians, also is
co-founder of Perfect Title Co., the controversial title-search firm
under investigation by the state. Sai has been indicted on a theft
charge in that case.
Acting in his capacity as regent, Sai has asked the justices to
compel Clinton to honor the treaty. He is seeking to restore the kingdom
government to its status before the 1893 overthrow of the Hawaiian
monarchy.
Clinton in his one-sentence filing said he would respond to Sai's
petition if requested to do so by the court. A White House spokesman has
said Clinton doesn't comment on pending lawsuits.
University of Hawaii law professor Jon Van Dyke, an expert on
constitutional law, said Clinton could have easily derailed the lawsuit
by saying the United States doesn't recognize the kingdom as a foreign
nation.
Sai filed the lawsuit with the Supreme Court and not a lower court,
citing a rule that gives the High Court "original jurisdiction" in cases
involving foreign ambassadors.
But in questions involving foreign policy - especially those related
to which governments are recognized by the United States - the court
historically has deferred to the executive branch, Van Dyke said.
"By (Clinton) saying nothing, it does require the court to make its own evaluation of the issue," Van Dyke said.
A court spokesman said the nine justices now must decide whether they
will hear the case. A five-vote majority is required to get the case
heard in the current court session. A decision may be made next month.
Sai called the latest development significant because Clinton didn't
try to get the lawsuit dismissed as frivolous - a criticism many in
Hawaii's legal community have voiced.
Several local judges at the state and federal level have deemed as
frivolous similar arguments Sai has used in Perfect Title cases.
The company has caused a stir in the real estate industry by using
19th-century Hawaiian kingdom law to claim existing land titles in
Hawaii are invalid.
"If this is so frivolous, they (Clinton representatives) could have sought to have the case dismissed," Sai said.
Van Dyke said the Clinton administration may have determined the case
was so frivolous it opted not to provide a response, believing the
court would dispose of it.
Or it could have decided for political reasons not to take a position that could have upset people, Van Dyke said.
Sai is representing himself in the lawsuit. But he now has the help of an international law expert.
Francis A. Boyle,
a University of Illinois professor of international law, yesterday said
he is advising Sai on an unpaid basis. Boyle in 1993 was a consultant to a Hawaii commission formed to explore sovereignty options for Native Hawaiians.
The fact that Sai, who isn't an attorney, has succeeded in getting
the nation's highest court to consider the case says something about
Sai's arguments, Boyle said.
"I don't think he would've gotten this far unless there's some merit to his complaint," Boyle said.
1998 Honolulu Star-Bulletin
http://starbulletin.com
Return to the
Hawaiian Independence Home Page or the
News Articles Index
**********************************************
Aran Ardaiz: http://archives.hawaiireporter.com/story.aspx?06290252-7b18-4d71-ac...
Book review: Aran Alton Ardaiz, "Hawaii -- The Fake State (A Manifesto and Expose of a Nation in Captivity)"
Well-documented historical narrative contradicts the book's main claims
By Kenneth R. Conklin, Ph.D. , 6/29/2009 6:37:19 AM
Following
is a highly condensed book review of "Hawaii -- The Fake State (A
Manifesto and Expose of a Nation in Captivity)" by Aran Alton Ardaiz
published in 2008 by the "Truth of God Ministry" which the title page
says is in "Hawaii Nei" or, "Manoa Station, Island of Oahu, Ko Hawaii
Pae Aina, U.S.P.Z. Exempt." The book's cover displays the archipelago of
eight major Hawaiian islands where each island is colored as a piece of
the U.S. flag, and above them all is a piece of barbed wire.
The
book is filled with absurdities which require considerable time to
describe and refute. To spare readers of this essay, most of the
absurdities, and analysis of the activities of the author's sovereignty
group, are discussed in detail on a webpage at http://tinyurl.com/lhc3zv
The book's author, Aran Ardaiz, is Attorney
General of his small sovereignty group Ke Aupuni O Hawaii Nei which
claims to be the government of a reinstated Hawaiian Kingdom. But this
is a different group from numerous competing reinstated governments
including those headed by Henry Noa, Bumpy Kanahele, and Akahi Nui (who
claimed to be King and took over Iolani Palace last year but couldn't
find the throne!). Leon Siu is Foreign Minister of this government, and
is founder of a weird ethnocentric Christian ministry which incorporates
pagan elements of the old Hawaiian religion and which claims that God
bestowed special favor on native Hawaiians centuries before Captain Cook
got here. Some leaders of the group have been imprisoned for criminal
activity related to tax evasion which they use as a political weapon,
most notably kupuna council members John Pilipo Souza and Richard Basuel
(R.B. Tax Preparation scandal).
Besides the usual sovereignty claims
regarding illegal overthrow of the monarchy, illegal annexation, and
illegal statehood vote, this book also addresses numerous widely
scattered topics that seem popular among conspiracy theorists who wear
tinfoil hats to prevent the Martians from reading their minds. A few of
those topics are: a courtroom where the U.S. flag has a gold fringe is
actually a ship at sea under the authority of the judge acting as ship's
captain and issuing military orders (rulings) based on admiralty law;
when the government uses ALL CAPITAL LETTERS to print your name, it is
stealing your identity as a natural human being and converting you into a
servant-citizen corporate entity liable for the U.S. national debt;
denial of national sovereignty for Hawaii is genocide against Hawaiian
nationals; etc.
This book is surprisingly weak in its
presentation of arguments about the alleged illegality of the revolution
of 1893, the creation of the Republic of Hawaii, annexation to the
United States, and Statehood vote of 1959. Other sovereignty activists
have written lengthy, well-reasoned, and heavily documented (although
mistaken) essays on those topics. But Aran Ardaiz devotes very little
space to them; mostly in pages 1-13 plus a few scattered pages
elsewhere. He's too preoccupied praising God and exploring tinfoil hat
issues. I will make a rebuttal on some of the substantive topics even
though his presentation of them is so vague and undocumented that
rebutting them is like trying to poke holes in shadows created by a
flickering candle.
Let's take topics in chronological order
rather than in the scattershot order found in the "Fake State" book.
After summarizing the book's main historical claims, I'm going to
provide a historical narrative rebutting them, and then a list of
webpages which support all the main points.
For the complete, detailed book review, please go to http://tinyurl.com/lhc3zv
Ardaiz says or implies the U.S. military
staged an armed invasion of Hawaii in January 1893, overthrew the
monarchy, and established a puppet regime (the Provisional Government)
which immediately requested annexation to the U.S. The Queen surrendered
only temporarily and only to the U.S., and on condition that the U.S.
mediate the dispute and reinstate her. But the U.S. dropped the ball and
maintained the puppet regime. The Republic of Hawaii, Territory of
Hawaii, and State of Hawaii are merely different names for that same
puppet regime. The revolution that overthrew the monarchy was illegal
(1893), annexation was illegal (1898), and the statehood vote was
illegal (1959). Therefore Hawaii is a fake state, under the jackboot of
American imperialism. U.S. law applies in Hawaii only de facto, enforced
by America's illegal occupation; but the laws of the Kingdom remain the
rightful laws of Hawaii today.
HISTORICAL NARRATIVE OF THE MAIN EVENTS LEADING TO STATEHOOD (1849 TO 1959), PLUS RECENT "CEDED LANDS" DECISION
Here's the truth about what really happened.
In 1887 a group of 1500 armed men, sick and
tired of the corruption and instability of King Kalakaua's government,
forced Kalakaua to sign a new Constitution severely restricting his
powers. That revolution took place with zero U.S. involvement.
In 1889 Kalakaua's sister Liliuokalani,
having returned from England, hated the fact that Kalakaua had signed
the new Constitution. With the help of Robert Wilcox, she plotted
against her brother in hopes of taking over the government and restoring
monarchial powers; but the plot failed. As the plot unfolded Robert
Wilcox attacked the Palace, resulting in 7 men killed and many injured.
The roof of the Palace Bungalow was blown open by dynamite bombs. U.S.
Marines came ashore to restore order and continued patrolling the
streets for a week before returning to their ship. During later
remodeling the Bungalow was razed, and the eight-foot-high walls around
the Palace were lowered to their present height to allow events on each
side of the wall to be visible to people on the other side.
In 1891 Kalakaua went to California for
medical treatment and died there. Thus Liliuokalani became Queen in
1891. She immediately started political agitation to get support for
overthrowing the 1887 Constitution (which she had sworn to uphold in her
oath of office). In mid-January 1893 there was a crowd of 500 natives
on the grounds of Iolani Palace expecting the Queen to announce a new
Constitution. The Queen spoke to them from the balcony, saying she had a
new Constitution but some difficulties had arisen and they should go
home (the cabinet ministers she herself had recently appointed
absolutely refused to give their approval, as the law required). The
natives were very restless.
Meanwhile, there was a mass meeting of most
of the 1500 men from the 1887 revolution. The meeting was in the Armory
a couple blocks from the Palace (the Armory no longer exists), and many
of the men were carrying guns. Now that the Queen was trying to
overthrow that 1887 Constitution and proclaim a new Constitution giving
herself nearly dictatorial powers, these men were openly planning a
revolution to replace the monarchy with a republic. Nearly all of these
men had white skin (although the largest ethnic group were Portuguese
which other Europeans and Americans regarded as not quite white). Seven
of the thirteen members of the Committee of Safety, leading the
revolution, were native-born subjects of the Kingdom, and several other
leaders were European or American nationals. All were long-time
residents of Hawaii and had voting rights.
Tensions were running high. Honolulu
residents of European and American ancestry were afraid for their lives,
homes, and businesses, because some radical natives had threatened to
use arson and rioting as political weapons if there was an attempt to
overthrow the monarchy. The only ship in the harbor which had weapons on
board was an American ship, the U.S.S. Boston. European and American
residents, and some European diplomats, pleaded with the U.S. diplomat
(Minister Stevens) to call sailors ashore to protect lives and property.
And so 162 armed sailors came ashore as peacekeepers. They were under
strict orders to remain neutral. They were never actually used, except
for some who were sent to guard the U.S. consulate. They did not point
their weapons at anyone, did not take over any buildings, stayed off the
Palace's and government building's grounds, did not patrol the streets,
and remained in barracks in a building down a sidestreet a couple
blocks from the Palace. A few days later some began returning to their
ship in the harbor, and a few weeks later the last of them had left. All
these facts are contained in sworn testimony in the Morgan Report
(below). There were no U.S. military forces on Hawaiian soil after April
1 and throughout the remaining four years of Grover Cleveland's
Presidency.
This was certainly not an armed invasion as
happened when Germany invaded Poland, the Soviet Union invaded Hungary,
or China invaded Tibet. It was more like what happened in Liberia a
couple years ago, or in Haiti a few years before that, when the U.S.
sent troops ashore as peacekeepers for a few weeks during a period of
civil war or anticipated violence where American lives and property were
at risk.
The local revolutionaries sent men and guns
to the government building (Aliiolani Hale, where the Kamehameha statue
is). When they took over the building they discovered and seized guns
and ammunition that the royalists had previously stored there in
anticipation of fighting the revolutionaries. They read a proclamation
declaring that the monarchy was finished, and then took over the police
station, royal guard barracks, treasury, etc. The Queen decided not to
fight. She wrote a letter surrendering temporarily, under protest,
claiming she was surrendering to the U.S. on account of superior U.S.
firepower, and claiming she was surrendering only until such time as the
U.S. government would examine what had happened and restore her to
power. However, she knew very well that it was the local revolutionaries
who had defeated her, and she correctly ordered her letter of protest
and surrender to be delivered to Provisional Government President
Sanford B. Dole. (She delivered her surrender to Dole because she knew
the revolutionaries might otherwise order an attack, and she did not
deliver any surrender to U.S. Minister Stevens because she knew he was
neutral and would never attack her.) By claiming to surrender to the
U.S., she hoped her friend, incoming President Grover Cleveland, would
undo the revolution.
From January 17 to 19 every consul of all
the nations that had consulates in Honolulu delivered a letter to
President Dole granting diplomatic recognition de facto. That means
those consuls agreed that the Provisional Government had taken power,
and those nations would now do business with the PG rather than with the
ex-queen. De facto recognition is all a consul is empowered to grant.
Also, de facto is the only level of recognition given to a
self-described temporary provisional government. The PG immediately
drafted a treaty of annexation and sent it on the next ship headed to
America. Since the PG was hoping to be annexed promptly, it felt no need
to establish a permanent republic, and no need to seek full-fledged
recognition de jure.
The revolutionary Provisional Government
was not a U.S. puppet regime. In fact, incoming President Grover
Cleveland (a Democrat) was a personal friend of the ex-queen. When he
came into office in March he immediately withdrew from the Senate the
treaty of Annexation proposed by the Provisional Government and sent to
the Senate by outgoing President Harrison (a Republican). Cleveland
began a ten month aggressive effort to destabilize the Provisional
Government and put Liliuokalani back on the throne. On day number 6 of
his Presidency he hastily sent a political hack (James Blount) to
Honolulu, without Senate confirmation, naming him "Minister
Plenipotentiary With Paramount Powers."
Blount stayed for several months in the
royalist hotel next to the Palace (later rebuilt as the Hemmeter
building, now the state art museum), and held secret meetings with
royalist leaders, taking notes on their stories about what happened in
January. Later he wrote a one-sided report to President Cleveland, which
Cleveland kept secret for several months. Meanwhile other U.S.
diplomats tried to persuade Liliuokalani to give up her threat to chop
off the heads of the revolutionaries, in return for the diplomats' help
in putting her back on the throne. Late in December the top U.S.
diplomat in Honolulu, having failed to destabilize the provisional
Government, wrote a letter to Hawaii President Sanford B. Dole ordering
him to step down and restore the monarchy; but Dole refused and told him
to stop interfering in Hawaii's internal affairs.
Having failed to overthrow the Provisional
Government and restore the Queen, President Cleveland then made the
Blount Report public and sent a message to Congress based on it, asking
Congress to decide what to do next. He probably hoped to get Congress to
authorize military force to restore his friend Liliuokalani to the
throne.
During January and February, 1894, the U.S.
Senate Committee on Foreign Affairs, under the chairmanship of Democrat
John T. Morgan, held hearings on what had happened a year previously.
They took testimony under oath (unlike Blount's informal conversations),
with severe cross-examination (Blount had been the sole interviewer),
and open to the public (Blount's interviews were private). The testimony
about what happened and exactly when, was given by military officers
and men of several ranks who had been on the U.S.S. Boston in Honolulu,
plus Minister Stevens and Minister Blount, plus some men who had served
in high positions in the Kingdom government (such as William De Witt
Alexander, native-born subject of the Kingdom, born on Kauai in 1833,
appointed surveyor-general of the Kingdom by Kamehameha V, and President
of Oahu College). The committee published an 808 page report on
February 26, 2004 including transcripts of all the testimony, exhibits,
and a 35-page summary of its conclusions. This Morgan report concluded
that the U.S. was not to blame for the revolution and had not given any
help to the revolutionaries. Not long after that the U.S. Senate passed a
resolution that the U.S. (i.e., President Cleveland) should stop
interfering in Hawaii's internal affairs.
Realizing that Cleveland would block
Hawaii's annexation for the remaining three years of his Presidency, and
now assured by the Senate resolution that the U.S. would stop trying to
overthrow the Provisional Government, the temporary PG decided to
create a permanent Republic. There were several reasons for doing this,
including greater stability and job security for government employees
(most of whom had held their same jobs under the monarchy); and a hope
for full-fledged international recognition. They convened a
Constitutional Convention (which included at least five delegates with
native Hawaiian surnames) and held elections for a legislature and
President (the Speaker of the House was full-blooded native Hawaiian
John Kaulukou). In a political gesture showing its continuing wish for
annexation, the date of July 4, 1894 was chosen to officially establish
the Republic of Hawaii by publication of its Constitution.
President Dole spoke with the local consuls
of foreign nations, giving them copies of the Constitution and asking
them to notify their home governments about the creation of the Republic
of Hawaii and requesting full diplomatic recognition. During the
following six months President Dole received those letters. The archives
of the State of Hawaii has the original letters addressed to President
Dole personally signed by kings, queens, emperors, and presidents of at
least 20 nations on 4 continents, written in 11 languages, formally
granting full diplomatic recognition de jure to the Republic as the
rightful government of the nation of Hawaii. Among the signers were
Queen Victoria of England, two Princes of China on behalf of the
Emperor, the Tsar of Russia, the King and Queen of Spain; the President
of France, the President of Brazil, and yes, even President Grover
Cleveland. A couple years later the Emperor of Japan personally signed a
letter to President Dole raising the Japanese consulate to the status
of Legation -- a status never enjoyed by the Kingdom.
Thus the Republic of Hawaii was
internationally recognized as a full-fledged member of the family of
nations, replacing the previously recognized but now defunct monarchy.
Full recognition acknowledged that the revolution of 1893 had been
legitimate and that the government of the Republic was now the rightful
owner of the public lands. The public lands in 1893 included both the
government and the crown lands from the mahele of 1838. That's because a
law passed in 1865 and signed by Lot Kamehameha V made the crown lands
also the property of the government with revenues to be used to support
the monarch in his capacity of head of the government; and now that the
monarch had been replaced by a President, there was no longer a
distinction between crown and government lands.
Full recognition gave the Republic the
right under international law to speak on behalf of the nation, and to
offer a treaty of annexation to the United States, including the ceding
of the public lands. In return for giving the sovereignty and public
lands of Hawaii to the U.S., the U.S. agreed to assume (i.e., pay off)
the national debt of Hawaii (most of which had been accumulated during
the Kingdom including construction of Iolani Palace and Kalakaua's trip
around the world). The amount of money the U.S. paid was larger than the
actual market value of all the public lands; so in effect the U.S.
purchased the public lands. However, President Dole drove a very hard
bargain, and the terms of annexation specified that Hawaii's public
lands were not to be kept as part of the national lands of the U.S. but
rather were to be held in trust, with all income to be used to benefit
the residents of the Hawaiian islands for education and other public
purposes.
The idea of Statehood for Hawaii goes all
the way back to 1849; and from 1903 to 1959 it was pursued continuously
by the Territorial Legislature and Governors, and the Delegate to
Congress.
In 1849 King Kauikeaouli Kamehameha III
prepared a provisional deed to cede the Kingdom of Hawai'i to the United
States, and gave it to the United States Commissioner, but it was never
implemented. In 1854 the King drafted a treaty of annexation to the
United States, which the King and the U.S. Commissioner in Hawaii agreed
upon, but the King died before he could sign it.
The elected Territorial Legislature in
1903, with more than 70% of its members being Native Hawaiian,
unanimously passed a joint resolution to ask Congress for an enabling
act to convene a Constitutional Convention to create a Constitution for a
proposed State of Hawaii (Session Laws of Hawaii, 1903, p.377 has the
text of the resolution)
The Hawaii LRB (Legislative Reference
Bureau) has confirmed the accuracy of these facts: In 1919, Hawaii's
elected Territorial Delegate Prince Jonah Kuhio Kalanianaole, undisputed
heir to the throne if the Kingdom of Hawaii had continued, introduced
into Congress the first bill for Hawaii Statehood. On November 5, 1940
the Hawaii general election ballot included the question "Do you favor
Statehood for Hawai'i?" and the vote was 46,174 "yes" and 22,438 "No"
(67% in the affirmative). In 1949 a special election was held to elect
delegates to a Constitutional Convention to draft a Constitution for a
proposed State of Hawaii, which draft Constitution was then approved by a
special session of the Territorial Legislature on July 15, 1950 and was
approved in the general election of November 7, 1950 by a vote of
82,788 "Yes" and 27,109 "No" (75% in the affirmative). U.S. Senate
Report 886 of January 27, 1954, associated with a bill for Statehood,
indicated that 33 bills for Statehood had been introduced by Hawai'i's
Territorial delegates between 1919 and 1954.
In February 1954 a petition demanding
"Statehood Now!" was signed by 120,000 people in two weeks, and sent to
the U.S. Senate, after a sendoff ceremony at Iolani Palace that featured
the Royal Hawaiian Band, the Hawaiian Civic Clubs, hula, kahili,
chants, and torch-bearers.
In 1959 Congress passed the Statehood Act
and President Eisenhower signed it. When a plebiscite was held, 94.3% of
Hawaii voters said yes to statehood. President Eisenhower then
proclaimed that, because Congress had passed the Statehood Act and
Hawaii's people had ratified their acceptance of it, Hawaii was now a
state fully equal to the other states. The Statehood Act of 1959
returned the public lands of Hawaii to the new State of Hawaii in fee
simple absolute, except for military bases and national parks.
Recently the Supreme Court of the State of
Hawaii misinterpreted the 1993 apology resolution as saying that ethnic
Hawaiians have an unresolved race-based communal claim to the public
lands and therefore no public lands can be sold until a settlement has
been reached with them. However, the U.S. Supreme Court over-ruled the
Hawaii Supreme Court, making clear that the apology resolution does not
in any way change the ownership of Hawaii's public lands, and
reaffirming the Statehood Act as giving the public lands to the State of
Hawaii in fee simple absolute without racial restrictions.
All the main points in this narrative are fully documented in webpages with links provided below.
Aran Ardaiz' "Fake State" book relies on
the Blount Report and does not discuss the Morgan Report. He never
mentions the letters of recognition de facto of the Provisional
Government delivered to President Dole on January 18 and 19, 1893 by the
local consuls of all the nations having consulates in Honolulu. He
never mentions the letters of full-fledged recognition de jure of the
Republic of Hawaii, from July through December 1994, personally signed
by kings, queens, emperors, and presidents of at least 20 nations on 4
continents in 11 languages -- photos of those letters were placed on the
internet in April 2008 and the webpage containing them was announced in
several newspapers.
Ardaiz provides a list of the treaties
between the Kingdom and other nations (page 262), but at the bottom he
makes the following false statement: "Therefore the Hawaiian Kingdom
Nation by evidence of the Treaties shown above was and still is a nation
among nations ..."
But no. When a nation has a revolution, its
treaties with other nations generally remain in place but are now
administered by the new government, unless the new government fails to
get recognized or decides to abrogate the treaties. No nations ever
refused to recognize the Republic of Hawaii; and we have the documents
showing that at least 20 nations fully recognized the Republic de jure.
There is no evidence that either the Republic or other nations abrogated
any treaty on account of the revolution. Indeed, the Republic sent
diplomats to numerous other countries, especially to negotiate
agreements on trade and immigration (most notably with regard to
plantation laborers from China, Japan, and Portugal). The Republic and
U.S. worked together to carry forward an agreement made between the
Kingdom and the U.S. regarding an intercontinental telegraph cable soon
to be constructed.
The Republic continued as an independent
nation for four years, until annexation in 1898. At that time the Treaty
of Annexation offered by the Republic included the provision that the
treaties between the Republic and other nations would continue unless
abrogated or changed by the U.S.; and the identical language about
treaties was included in the joint resolution whereby the U.S. accepted
the offer of annexation. Once again, no nation filed objection to
annexation with either the Republic or the U.S.; and by continuing their
diplomatic recognition of the U.S. and their consulates in Honolulu
(now under U.S. sovereignty) they thereby acknowledged that the
Republic's treaties and foreign policy now belonged to the U.S.
Readers wishing to explore these issues in
depth should visit the following webpages, listed in approximately the
order they occur in the historical narrative above.
REFERENCES, IN APPROXIMATELY THE ORDER CITED IN THE NARRATIVE
Was the 1893 revolution illegal? Was it a theft of a nation owned by ethnic Hawaiians and stolen by non-ethic-Hawaiians? http://tinyurl.com/72xeb
Thurston Twigg-Smith, "HAWAIIAN
SOVEREIGNTY: DO THE FACTS MATTER?" (Honolulu, HI: Goodale Publishing,
1998). This book focuses on the revolution of 1893 that overthrew the
monarchy, and the annexation of Hawaii to the United States (1898). But
other topics are also covered. The entire book can be downloaded free of
charge here http://tinyurl.com/6osxwp
THE MORGAN REPORT -- OFFICIAL U.S. SENATE
REPORT OF 1894 REGARDING THE 1893 REVOLUTION THAT OVERTHREW THE HAWAIIAN
MONARCHY. 808 PAGES of historical documents and testimony under oath in
open hearings under cross-examination. Please visit http://morganreport.org
In 1889 Liliuokalani tried to overthrow her
brother King Kalakaua to seize the throne for herself and get rid of
the Constitution of 1887. Robert Wilcox attacked the Palace resulting in
7 men dead, numerous injured, and the roof blown off the Palace
Bungalow. U.S. Marines came ashore for a week to restore order. http://tinyurl.com/kvfdc
Recognition de facto of the Provisional
Government -- full text of all letters from local consuls in Honolulu,
January 17-19, 1893; taken from the Morgan Report. http://tinyurl.com/9f4vh4
Grover Cleveland's activities regarding
Hawaii, March 1893 through December 1894: Overthrow, Cleveland Sends
Blount, Demand to Dole for Queen's Reinstatement, Referral to Congress,
The Morgan Report, Senate Resolution closes the door, Cleveland's Second
Annual Message, Rewriting History http://tinyurl.com/9hg45
Letter of December 19, 1893 from United States to President Dole, Demanding That Liliuokalani Be Restored to the Throne http://tinyurl.com/6zlct
Hawai'i President Sanford B. Dole, Letter
of December 23, 1893 Refusing United States Demand to Restore Ex-Queen
Lili'uokalani to the Throne http://tinyurl.com/8y6jo
Republic of Hawaii -- The full text of the
Constitution, and information about the Constitutional Convention that
produced it, are available at: http://tinyurl.com/262svm
INTERNATIONAL RECOGNITION OF THE REPUBLIC
OF HAWAII -- Emperors, Kings, Queens, Princes, and Presidents of at
least 19 foreign nations personally signed formal letters of diplomatic
recognition de jure, received by the Republic of Hawaii between July
1894 and January 1895. Those letters are available in the state
Archives. Photographs of them have been placed on a webpage at http://tinyurl.com/4wtwdz Historical significance and implications for statehood, Akaka bill, and ceded lands; are explained at http://tinyurl.com/2pxqgz along with a detailed example of the Hawaiian sovereignty lie that such letters do not exist.
Was the 1898 annexation illegal? http://tinyurl.com/4e5bw
Lili'uokalani v. United States, 45 Ct Cl.
418, 1910. In 1909 ex-queen Lili'uokalani filed a lawsuit against the
United States demanding payment for the lands of the Kingdom of Hawaii
which had been ceded to the United States at the time of annexation. The
court ruled against her in 1910. Her claim is interesting partly
because she did not challenge the legitimacy of the revolution or
annexation; and indeed the court's ruling specifically included the full
text of the treaty of annexation offered by the Republic of Hawaii and
accepted in a joint resolution by the U.S. Congress. Her claim is also
interesting because she never asserted that the ceded lands belonged
communally to ethnic Hawaiians; rather she claimed the lands belonged to
her personally. This webpage includes full text of Liliuokalani's
complaint, full text of the court's ruling (including full text of the
treaty and joint resolution of annexation), and analysis of the market
value of the ceded lands. http://tinyurl.com/56czl
Attorney Paul M. Sullivan's detailed review
of Jon Van Dyke's book "Who Owns the Crown Lands of Hawaii?" published
in the University of Hawaii Law Review, Fall 2008. http://tinyurl.com/chbkpx
The ceded lands case: U.S. Supreme Court
rules in 2009 that the 1993 apology resolution does not in any way
change the ownership of Hawaii's public lands, and reaffirms that the
Statehood Act returned the public lands to the State of Hawaii in fee
simple absolute without racial restrictions. Webpage includes full text
of Judge Sabrina McKenna's trial court ruling, Hawaii Supreme Court
ruling, all principal briefs and amicus briefs by both sides to the U.S.
Supreme Court, U.S. Supreme Court oral argument transcripts, and U.S.
Supreme Court final ruling; plus news reports and commentaries. http://tinyurl.com/49sx9j
In 1854 King Kauikeaouli Kamehameha III
drafted a treaty of annexation to the United States, which the King and
the U.S. Commissioner in Hawaii agreed upon, but the King died before he
could sign it. Full text of the 1854 proposed treaty of annexation can
be seen at http://tinyurl.com/6fn8ze
Hawai'i's Great Statehood Petition of
February 1954 had 120,000 signatures gathered in 2 weeks on a petition
for statehood for Hawai'i. A huge roll of newsprint was unrolled for a
block in downtown Honolulu for people to sign the petition. Two weeks
later a sendoff celebration was held at "Iolani Palace including chants,
hula, kahili, and torch bearers before sending the 250 pound petition
to Congress. Quotes are provided from 1954 newspaper articles, and photo
captions, describing the events of those two weeks. Information is
provided about what has happened to the petition and where it is stored
today. The contents of one signature page are provided including 32
names and addresses. http://tinyurl.com/68ygp
STATEHOOD VOTE OF 1959: There were 132,773
votes "yes" and 7971 votes "no" for an astonishing 94.3% "yes" vote. For
those who like to say ethnic Hawaiians were opposed to Statehood: Do
the math. If 20% of the voters were ethnic Hawaiians, that would mean
there were 28,149 votes cast by ethnic Hawaiians = 20% out of the total
140,744. Supposing ALL the 7971 "no" votes had been cast by ethnic
Hawaiians; then there were still 20,178 "yes" votes from ethnic
Hawaiians, representing 72% of the 28,149 ethnic Hawaiian votes. The
vote count was also broken down by individual representative district.
The district with the highest percentage of ethnic Hawaiians --
sparsely-populated Moloka'i -- had 1904 "yes" and 75 "no" for a 96.2%
"yes" vote -- the highest percentage among all the 17 districts. A
3-page pdf file (unfortunately 5.4 Megabytes!) shows the statistics as
certified by Hawaii Chief Elections Officer Dwayne Yoshina in his letter
dated January 7, 2000: http://tinyurl.com/2rbx79
'''Dr. Conklin's book "Hawaiian Apartheid:
Racial Separatism and Ethnic Nationalism in the Aloha State" is in the
library or can be viewed and ordered at http://tinyurl.com/2a9fqa'''
Guest Commentary...
***********************************************
The United States "recognized" the entity OHA/Office of Hawaiian
Affairs with the assist of the entity Provisional government turned
Republic turned Territory turned State of Hawaii which was a
criminal/pirate set up supported by U.S. Congress and U.S. President
Harrison, Cleveland, et. als. through premeditation of assuming a
friendly, neutral, non-violent nation with oppositions by our Queen
Liliuokalani, family(ies), friends, subjects over time.
When it comes to the real
Hawaiian Kingdom government issues, let's see which one of our kanaka
maoli/families/representatives/bloodlines appear on the Whitehouse
Website now:
This is a Brief SUMMARY of some of
the 40+ Leaders/Representatives/Acting Liaison of Foreign Affairs -
Royal Families House of Nobles/Hawaiian Kingdom Governments Operating in
the Hawaiian Islands today:
Henry Noa - NONE
Keanu Sai - NONE
Aran Ardaiz - NONE
Leon Siu - NONE
Mahealani Asing Kahau - NONE
Mahealani Ventura Oliver - NONE
Akahi Nui - NONE
Amelia Gora - Acting Liaison of Foreign Affairs, Royal Families House
of Nobles - Hawaiian Kingdom/Kingdom of Hawaii/Ko Hawaii Pae
Aina/Hawaiian Islands/ Hawaiian archipelago - four (4) pages on the
WHITEHOUSE WEBSITE:
<
Researcher (history, genealogy(ies), and legal), Writer, Editor, Publisher of the IOLANI - The Royal Hawk news on the web from Hawaii.
The views expressed herein are the sole responsibility of the author
and do not necessarily reflect those of this website or its editors.
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