* KINGDOM
OF HAWAI’I *
INTERIM PROVISIONAL GOVERNMENT COUNCIL
OFFICE OF GENERAL ADVOCATE LIAISON
John B. Nelson
To All Concerned, GREETINGS;
RE: RECOGNITION AND REINSTATEMENT
Interim Provisional Government
Council is appointed and accredited to provide assistance in your common
efforts to obtain full recognition of National character. I, John B. Nelson,
General
Advocate Liaison, along with Dennis W. Ragsdale, Advocate General;
Daniel Sibonga, Minister of the Interior; Roy Dahlin,
Minister
of Finance, and Russell A. Stewart, Acting Minister of Foreign Affairs,
have attached a copy of the “Appointment”, “Writ Of Proclamation”,
“Acceptance”, and “Letters Of Credence” for your perusal,
and to briefly explain the position by long recognized authority.
Council will attempt to qualify
and explain the matter so that communications can be commenced between
the different groups asserting the National character of the Hawaiian People.
Due to admitted acts of insurgency,
rebellion and the overthrow of the Constitutional Monarchy of the Kingdom
of Hawai’i, the de jure Nation is under a continued impairment and is properly
considered as an irregular state. Therefore, this position paper is directed
to all concerned groups and private Hawaiians domiciled within the territorial
dominion of the Kingdom of Hawai’i.
In pursuance of the Law
of Nations, and recognition set forth in Public
Law 103-150, 107 Stat. 1510, at page 1513, and in pursuance
of the recognized impaired Constitution for the Kingdom of Hawai’i, all
authorities will be derived from the same said sources as foundation for
proceeding to reinstate the Nation.
Page 1 of 24
THE LAW
OF NATIONS
The de jure United States
of America was created under, and expressly recognizes and is subject to
the Law of Nations, pursuant to the Constitution for
the United States of America, Article I, Section 8, Clause 10,
to wit:
“Congress shall have Power....To define and punish Piracies and Felonies
committed on the high Seas, and Offences against the Law of Nations...”
The essential nature of the
Law of Nations was further explained by James Kent in Volume I of his “Commentaries
On American Law.” In Part I, “Of The Law Of Nations”,
Lecture I, “Of The Foundation And History Of The Law Of Nations”,
Kent stated:
“During the war of the American Revolution, Congress claimed cognizance
of all matters arising upon the law of nations, and they professed obedience
to that law, ‘according to the general usages of Europe.’
By this law, we are to understand that code of public instruction,
which defines the rights and prescribes the duties of nations, in their
intercourse with each other. The faithful observance of this law is
essential to national character, and to the happiness of mankind.”
It can hardly be doubted, therefore,
that the Law of Nations was necessary to the fundamental establishment
of the de jure United States of America, and to its recognition by other
Nations and States.
The Constitutions for the
Kingdom of Hawai’i, as amended, also recognize the usage and principles
of the “Law of Nations” and mandates that all Ambassadors,
other public Ministers and Consuls be instructed agreeably in the same,
to wit:
Page 2 of 24
Constitution for the
Kingdom of Hawai’i (1852).
“Art. 30. The King has the power, by and with the advise of His Privy
Council, to make treaties, and appoint Ambassadors, other public Ministers
and Consuls who shall be commissioned, accredited and instructed agreeably
to the usage and laws of nations.”
Constitution for the
Kingdom of Hawai’i (as amended 1864).
“Article 29. The King has the power to make Treaties. Treaties involving
changes in the Tariff or in any law of the Kingdom shall be referred for
approval to the Legislative Assembly. The King appoints Public Ministers,
who shall be commissioned, accredited, and instructed agreeably to the
usage and law of nations.”
Constitution for the
Kingdom of Hawai’i (as amended 1887).
“Article 29. The King has the power to make Treaties. Treaties involving
changes in the Tariff or in any law of the Kingdom, shall be referred for
approval to the Legislature. The King appoints Public Ministers, who shall
be commissioned, accredited, and instructed agreeably to the usage and
law of nations.”
It is, therefore, necessary
for the People of the Kingdom of Hawai’i to understand and proceed to reinstate
the Nation of Hawai’i according to the principles of the “Law
of Nations”.
“Nations or States are political
bodies, societies of men who have united together and combined their forces,
in order to procure their mutual welfare and security.
Such a society has its own
affairs and interests; it deliberates and takes resolution in common, and
it thus becomes a moral person having an understanding and a will peculiar
to itself, and susceptible at once of obligations and of rights.
The object of this work
is to establish on a firm basis the obligations and the rights of Nations.
The Law of Nations is the science of the rights which exist between Nations
or States, and of the obligations corresponding to these rights.
Page 3 of 24
It will be seen from this
treatise how States, as such, ought to regulate their actions. We shall
examine the obligations of a Nation towards itself as well as towards other
Nations, and in this way we shall determine the rights resulting from those
obligations; for since a right is nothing else but the power of doing what
is morally possible, that is to say, what is good in itself and conformable
to duty, it is clear that right is derived from duty, or passive obligation,
from the obligation of acting in this or that manner. A Nation must therefore
understand the nature of its obligations, not only to avoid acting contrary
to its duty, but also to obtain therefrom a clear knowledge of its rights,
of what it can lawfully exact from other Nation.
Since Nations are composed
of men who are by nature free and independent, and who before the establishment
of a civil society lived together in the state of nature, such Nations
or sovereign States must be regarded as so many free men living together
in the state of nature.
Proof can be had from works
on the natural law that liberty and independence belong to man by his very
nature, and that they can not be taken from him without his consent. Citizens
of a State, having yielded them in part to the sovereign, do not enjoy
them to their full and absolute extent. But the whole body of the Nation,
the State, so long as it has not voluntarily submitted to other men or
other Nations, remains absolutely free and independent.” (See: The
Law Of Nations or The Principles Of Natural Law, Emer De Vattel,
“Introduction”)
An explanation of the “Writ
Of Proclamation,” as attached hereto, and as issued on April 20th,
1994, by the Interim Provisional Government Council, and as filed, published,
publicly read from and posted at the Palace, is of immediate necessity.
_______________________________
_______________________________
Page 4 of 24
WRIT OF PROCLAMATION
KNOW ALL YE MEN BY THIS PROCLAMATION THAT: On November 23, 1993, Congress
passed Public Law 103-150, 107
Stat. 1510, recognizing the wrongful overthrow of the Government of the
Kingdom of Hawai’i. Said Act, entitled, “Joint Resolution to acknowledge
the 100th anniversary of the January 17, 1893 overthrow of the Kingdom
of Hawaii, and to offer an apology to the Native Hawaiians on behalf of
the United States for the overthrow of the Kingdom of Hawai’i,” recognizes
and admits:
1.) THAT: The Native Hawaiian people lived in a highly organized,
self-sufficient, subsistent social system, in the independent Kingdom of
Hawai’i under a Constitutional Monarchy; and that the United States had
recognized and entered into treaties with said free, sovereign, independent
Nation. (107 Stat 1510)
2.) THAT: Queen Liliuokalani, being unlawfully held under force and
threat of force, and under eminent risk of bloodshed, issued the following
statement under solemn protest:
“I, Liliuokalani, by the
Grace of God and under the Constitution of the Hawaiian Kingdom, queen,
DO HEREBY SOLEMNLY PROTEST AGAINST ANY AND ALL ACTS DONE AGAINST MYSELF
AND THE CONSTITUTIONAL GOVERNMENT OF THE HAWAIIAN KINGDOM by certain persons
claiming to establish a Provisional Government of and for this Kingdom.
That I YIELD TO THE SUPERIOR
FORCE of the United States of America whose Minister Plenipotentiary, His
Excellency John L. Stevens, has caused United States troops to be landed
at Honolulu and declared that he would support the Provisional Government.
NOW TO AVOID COLLISION OF ARMED FORCES, AND PERHAPS THE LOSS OF LIFE, I
do this UNDER PROTEST AND IMPELLED BY SAID FORCE YIELD MY AUTHORITY until
such time as the Government of the United States shall, upon facts being
presented to it, undo the action of its representatives and reinstate me
in the authority which I claim as the Constitutional Sovereign of the Hawaiian
Islands.
Done at Honolulu this 17th day of January, A.D. 1893” (See: 107 Stat,
1511)
Due to force and threat
of force as against the lawful, de jure Sovereignty and People of the Kingdom
of Hawaii, no title or claim of dominion is extended to the usurper under
the Law of Nations, to wit:
“But if the Nation which is protected, or which has
placed itself in subjection upon certain condition, does not resist the
encroachments of the power from which it has sought support, if it makes
no opposition, and keeps absolutely silent when it could and should speak,
its acquiescence constitutes, in the course of time, an implied consent,
the silence must be voluntary. If the weaker Nation can show that the apparent
absence of opposition was DUE TO THE USE OF FORCE AGAINST IT, NO INFERENCE
CAN BE DRAWN FROM ITS SILENCE, AND NO RIGHTS ACCRUE TO THE USURPER.” (The
Law Of Nations Or The Principles Of The Natural Law, Emer De Vattel,
Book I, Chapter XVI, § 199)
Page 5 of 24
QUALIFICATION
OF
POSITION AND AUTHORITY
The clear violation of the
Law of Nations is admitted in and by Act of Congress, Public Law
103-150, 107 Stat. 1510, to wit:
“Whereas the United States Minister thereupon extended diplomatic
recognition to the Provisional Government that was formed by the conspirators
without the consent of the Native Hawaiian people or the lawful Government
of Hawai’i and in violation of treaties between the two nations and
of international law.”
The long recognized principle
and doctrine is yet embraced in the “Vienna Convention”,
Part V, Section 2, “Invalid Treaties” and is applicable in principle
to the immediate cause.
“Article 51. The expression of a State’s consent to be bound
by a treaty which has been procured by coercion of its representatives
through acts or threats against him shall be without any legal effect.
Article 52. A treaty is void if its conclusion has been procured
by the threat or use of force in violation of the principles of international
law embodied in the Charter of the United Nations.”
The unlawful acts and seditious
agreements between the United States Foreign Minister, John L. Stevens,
the American and European sugar planters, descendants of missionaries,
financiers, and naval representatives and armed forces to overthrow the
sovereignty of the Kingdom of Hawai’i and establish and claim de facto
Provisional Government status and capacity are void and of no effect from
the very inception and implementation of their conspiratorial scheme until
the end of time itself.
No Sovereign dominion accrued
to nor is extended to the usurpers, nor their heirs or assigns, and were
and are destined by their unlawful acts and omissions to remain de facto
forever.
Page 6 of 24
“Since
Nations are free and independent of one another as men are by nature, the
second general law of their society is that each Nation should be left
to the peaceable enjoyment of that liberty which belongs to it by nature.
The natural society of nations can not continue unless the rights which
belong to each by nature are respected. No Nation is willing to give
up its liberty; it will rather choose to break off all intercourse
with those who attempt to encroach upon it.
In consequence of that liberty
and independence it follows that it is for each Nation to decide what its
conscience demands of it; what it can or can not do; what it thinks well
or does not think well to do; and therefore it is for each Nation to consider
and determine what duties it can fulfill towards others without failing
in its duties towards itself. Hence in all cases in which it belongs
to a Nation to judge of the extent of its duty, no other Nation may force
it to act one way or another. Any attempt to do so would be an encroachment
upon the liberty of Nations. We may not use force against a free person,
except in cases where this person is under obligation to us in a definite
manner and for a definite reason not depending upon his judgment; briefly,
in cases in which we have a perfect right against him.
To understand this properly
we must note that obligations and the corresponding rights produced by
them are distinguished into internal and external. Obligations
are internal in so far as they bind the conscience and are deduced from
the rules of our duty; they are external when considered relatively to
other men as producing some right on their part. Internal obligations are
always the same in nature, though they may very in some degree; external
obligations, however, are divided into perfect and imperfect,
and the rights they give rise to are likewise perfect and imperfect.
Perfect
rights are those which carry with them the right of compelling the
fulfillment of the corresponding obligation; imperfect rights can
not so compel. Perfect obligations are those which give rise to
the right of enforcing them; imperfect obligations give but the
right to request.
It will now be easily understood
why a right is always imperfect when the corresponding obligation depends
upon the Judgment of him who owes it; for if he could be constrained in
such case he would cease to have the right of deciding what are his obligations
according to the law of conscience. Our obligations to others are always
imperfect when the decision as to how we are to act rests with us, as it
does in all matters where we ought to be free.
Since men are by nature
equal, and their individual rights and obligations the same, as coming
equally from nature, Nations, which are composed of men and may be regarded
as so many free persons living together in a state of nature, are by nature
equal and hold from nature the same obligations and the same rights.
Strength or weakness, in
this case, counts for nothing. A dwarf is as much a man as a giant is;
a small Republic is no less a sovereign State than the most powerful Kingdom.”
(See: The Law Of Nations Or The Principles Of Natural Law,
Emer De Vattel, "Introduction", emphasis added)
Page 7 of 24
It is,
therefore, within the “Perfect Right” of the Hawaiian People to commence
and complete sovereignty reinstatement procedures, and to recognize, acknowledge
and once again undertake to perform the internal and external rights and
obligations imposed upon the recognized Kingdom of Hawai’i, and as imposed
upon all de jure sovereign Nations, by and under Authority of the necessary
Law of Nations.
The Law of Nations being
the foundation and fundamental principles upon which societies of men and
governments are founded, and instruction therein being mandatory for those
who wish to hold, enjoy and exercise the Public offices of the Kingdom
of Hawai’i, explanation of procedures, principles and mandates will be
taken and proceed from that source.
_______________________________
_______________________________
Page 8 of 24
WRIT OF PROCLAMATION
Congress having met the conditions
precedent, and “facts being presented to it,” and being subject to violations
of the Law of Nations pursuant to the Constitution for the United
States of America, Article 1, Section 8, Clause 10, issued
its “Acknowledgment and Apology,”
107 stat. 1513, and declared:
1.) “The illegal overthrow of the Kingdom of
Hawai’i.”
2.) “The suppression of the inherent sovereignty
of the Native Hawaiian People.”
3.) “The deprivation of the rights of Native
Hawaiians to self determination,”
Congress thereby committed
the United States, the United Church of Christ and the State of Hawaii
to:
1.) “Recognize...efforts of reconciliation.”
2.) “Express its commitment to acknowledge
the ramifications of the overthrow of the Kingdom of Hawai’i.”
3.) “Provide a proper foundation for reconciliation.”
4.) “Support reconciliation efforts.”
The United States, being
a signatory party to the “International Covenant On Political
And Civil Rights,” knew or should have known that the continual
suppression, abrogation and oppression of the People of the Kingdom of
Hawai’i to self-determination is in direct violation of the said “Covenant,”
Article
I, Section 1, to wit;
“1. All peoples have the right of self-determination. By virtue of
the right they freely determine their political status and freely pursue
their economic, social and cultural developments. ”
(See. Writ Of Proclamation, page 5)
Page 9 of 24
QUALIFICATION OF POSITION AND
AUTHORITY
It is clear from the “Acknowledgment
and Apology” declared by Act of Congress, Public Law 103-150,
107 Stat. 1513, that the acts committed a century ago were unlawful and
in breach of legal duties and external obligations owed to the Kingdom
of Hawai’i and the People who comprised the society, and that the suppression
and deprivation of inherent original natural Right to determine their own
social, economic, political and cultural existence was continually maintained
from January 17, 1893 until the “facts” were presented and the process
of undoing the precedent wrongs was begun.
As stated by Emer De Vattel
in the “Introduction” to The Law Of Nations Or The Principles
of Natural Law:
“No Nation is willing to give up its liberty.... Hence in all cases
in which it belongs to a Nation to judge of the extent of its duty, no
other Nation may force it to act one way or another. Any attempt to do
so would be an encroachment upon the liberty of Nations.”
It is clear; therefore, that
the internal and external Rights and Obligations are incumbent upon the
People of the Nation to reestablish the society in a manner they deem necessary
to secure their common liberties, safety, and happiness. No other Nation,
State, or International Organization is allowed or authorized to interfere,
including but not limited to all United Nations Organizations. The United
Nations Charter, Article II, Section 7, prohibits such acts by
declaring that:
“Nothing contained in the present charter shall authorize the United
Nations to intervene in matters which are essentially within the domestic
jurisdiction of any state or shall require members to submit such matters
to settlement under the present charter...”
It is too obvious for serious
adversarial discussion that these matters of common concern are of internal
importance, and that no Nation, State, or International Organization has
right or authority to interfere in the process of reinstatement, nor to
dictate the form chosen by the People of the Kingdom to secure their Lives,
Liberties, Property, and Happiness.
Page 10 of 24
Acknowledgment,
apology, and recognition of the wrongs of years past having been duly admitted
and recorded in the public records of the usurping, de facto party, it
is time to take up common cause or tacitly consent. Few things are more
essentially within the jurisdiction of a Nation or State than the fundamental
constitution and compact of its own society and exercise of its internal
obligations.
The term “recognition” is
very important in the Law of Nations. The level of “recognition” is contingent
upon what is termed the “objective” and “subjective” tests, and for which
a brief definition will be necessary for further discussions.
“Objective test of de facto character. In view of these various
possibilities international law has developed the first of its two rules
of recognition, that a new government coming into power by means not provided
for in the constitution of the state should be recognized when it can meet
the objective test of being a de facto government. A de facto government
is understood to be one in actual control of the government machinery of
the state and exercising authority without substantial opposition. It is
said to possess the quality of ‘stability’ taken in a broad sense.” (See:
International
Law, Charles Fenwick, 4th Ed., Chapter VII, pg. 182)
“Subjective test of willingness to fulfill obligations. In addition
to the objective test of the de facto character of the new government,
international law has developed a second test of a much more subtle character.
Is the new government prepared to carry out the obligations of the state
under international law. In point at abstract principle there would seem
to be but one answer. Obviously any government holding itself out as the
representative of the state and accepted as such by other states is bound
to observe the rules of International law and to abide by the treaty obligations
of the state. For the state itself undergoes no change because of a mere
change in the governing body which represents it. The continuity of the
state as an international person remains, as has been seen, unaffected
by the fall of one government and the succession of another.” (See: International
Law Charles Fenwick, 4th Ed., Chapter VII, pg. 184, 185)
The Kingdom of Hawai’i is in
a qualified or provisional state of recognition. The Nation is not, however,
subject to the objective test, per say. The Kingdom of Hawai’i has a Constitution
and recognized mode of proceeding to bring the Nation to its full and proper
state of authority, which directives and mandates will be taken up later
by and under the impaired but recognized Constitution for the Kingdom
of Hawai’i. (See; Page 14, et seq.)
Page 11 of 24
WRIT
OF PROCLAMATION
AUTHORITY
It is therefore right and
proper to reiterate and proclaim that:
“Nations must necessarily
treat and have intercourse with one another in order to advance their interests,
to void injuring another, and to adjust and terminate their disputes. And
since they are all under an indispensable obligation of uniting their efforts
to promote their common welfare and safety and of arranging for themselves
a means of settling and terminating their disputes, and since each has
a right to whatever is required for its self-preservation and to whatever
can be contributed to its advancement without causing injury to others,
as also to the means necessary to fulfill its duties, it follows from the
above reasons that each Nation possesses both the right to negotiate and
have intercourse with the others, and the reciprocal obligation to lend
itself to such intercourse as far as circumstances will permit it to do
so,
Every sovereign State has,
therefore, the right to send and to receive public ministers. For they
are necessary agents in the negotiation of the affairs which sovereigns
have with one another, and in the maintenance of the intercourse which
sovereigns have the right to keep up....It is those powers which have the
right of embassy.” (The Law Of Nations Or The Principles Of Natural
Law, Emer De Vattel, Book IV, Chapter V)
The Office of General Advocate
Liaison, Pro Tem, as created by the People of the Kingdom of Hawai’i, is
vested with authority to fulfill the commitment and obligation to acknowledge,
recognize, provide, and support proper foundation for reconciliation under
the Law of Nations, and who, on April 15, 1994, acknowledged and exercised
the right and obligation of the People of the Kingdom of Hawai’i to create
and appoint such officers and dignitaries as they deem necessary and consonant
to promote and provide for their liberties, security, and happiness.
Done this 20th day of April, in the year of our Lord 1994.
Page 12 of 24
QUALIFICATION
OF
POSITION AND AUTHORITY
The appointments heretofore
made to the Interim Provisional Government Council are in compliance with
the impaired Constitution for the
Kingdom of Hawai'i, Article 41 (1887).
The same said “Appointments”,
along with “Acceptances”, and “Notice Of opportunity To Object,”
were publicly proclaimed from the Palace steps and posted there, and further,
Notice was published in the newspaper under the legal notices section.
No verified objections being
lodged with the Interim Provisional Government Council, Minister of the
Interior pursuant to the “Notice Of Opportunity To Object,” and
the time having expired on June 1, 1994, Council will proceed to reinstate
the Kingdom of Hawai’i pursuant to the Law of Nations, and will reserved
to the Kingdom of Hawai’i and its People the Right, Power and Authority
to make such appointments of Officers, Ambassadors, Public Ministers and
Consuls as deemed necessary to insure and exercise the internal and external
obligations imposed upon any de jure, independent Nation or State.
Tacit consent being given
by the People of the Kingdom of Hawai’i, and instruction in the Law of
Nations being mandatory, Council will proceed to explain and implement
reinstatement of the Nation of the Kingdom of Hawai’i in accordance with
the impaired Constitution for the Kingdom of
Hawai’i and the necessary Law of Nations. Council
submits herewith a copy of the “Introduction”
to The Law Of Nations Or The Principles Of Natural Law, by
Vattel, and requests all groups to conform their position papers agreeably.
Page 13 of 24
REINSTATEMENT AND RECOGNITION
OF THE
FREE, SOVEREIGN, INDEPENDENT,
KINGDOM
OF
HAWAI’I
KNOW ALL YE MEN, NATIONS AND STATES:
In acknowledging such respect
for the opinions of mankind as are due and owing, the Kingdom of Hawai’i,
being a recognized and treatied Nation, hereby claims, asserts, and exercises
its independent Perfect Right and Obligation under the Law of Nations,
and gives NOTICE of its reinstatement proceedings.
CAVEAT
No other Nation, State, or
other International Organization is authorized or has lawful power to intervene
or interfere, in any manner whatever, in the reinstatement of the Kingdom
of Hawai’i to National status. It will, therefore, be appropriate to give
a brief definition to the term “intervention.”
“Intervention In classical international law ‘intervention
is a dictatorial interference by a State in the affairs of another State
for the purpose of maintaining or altering the actual condition of things.
Such intervention can take place by right or without a right, but it always
concerns the external independence or the territorial or personal supremacy
of the State concerned, and the whole matter is therefore of great importance
for the international position of States. That intervention is, as a rule,
forbidden by international Law, which protects the international personality
of the States, there is no doubt.’ ” International Law,
Lassa Oppenheim, Volume I, pg. 305
Page 14 of 24
No
authority or power can be extended to any personality to further suppress
the People of the Kingdom of Hawai’i in the exercise of their Perfect Right
to self-governance and to rightfully assume and exercise full and lawful
position as a free, sovereign, and independent Nation.
“The violation of a treaty of peace, or other national compact, is
a violation of the law of nations, for it is a breach of the public faith.
Nor is it to be understood that the law of nations is a code of mere elementary
speculation, without efficient sanction. It has a real and propitious influence
present, active, durable, and binding obligation. As its great fundamental
principles are founded in the maxims of eternal truth, in the immutable
law of moral obligations, and the suggestions of an enlightened public
interest, they maintain a steady influence, notwithstanding the occasional
violence by which that influence may be disturbed. The law of nations is
placed, in the first place, under the protection of public opinion. It
is enforced by the censures of the [free] press, and by the moral influence
of those great masters of public law, who are consulted by all nations
as oracles of wisdom; and who have attained, by the mere force of written
reason, the majestic character, and almost the authority of universal lawgivers,
controlling by their writings the conduct of rulers, and laying down precepts
for the government of mankind. No Nation can violate public law, without
being subjected to the penal consequences of reproach and disgrace, and
without incurring the hazard of punishment, to be inflicted in open and
solemn war by the injured party. The law of nations is likewise enforced
by the sanction of municipal law, and the offenses which fall more immediately
under its cognizance, and which are the most obvious, the most extensive,
and most injurious in their effects, are the violation of safe conduct,
infringements of the rights of ambassadors, and piracy.” “Commentaries
On American Law,” James Kent, Volume I, Lecture IX
The Kingdom of Hawai’i hereby
claims that all Ambassadors, Public Ministers and consuls of the Kingdom
of Hawai’i are to be afforded all privileges, immunities, exemptions, and
courtesies, accorded to internationally protected persons by the Law of
Nations, and exercises the Right and Obligation to send and receive the
same from other free, sovereign, and independent Nations.
“Consequently, since embassies are of such great importance in the
universal society of Nations, and are so necessary to their common welfare,
the person of a public minister is sacred and inviolable among all Nations
(See Book II, § 218). Whoever does violence to an ambassador or to
any other public minister not only does an injury to the sovereign he represents,
but he attacks the common safety and welfare of all Nations and renders
himself guilty of a grievous crime against all Nations.” The Law
Of Nations Or The Principles Of Natural Law, Vattel, Book II, Chapter
VII; see also Respublica vs. De Longchamps, 1 Dallas 111;
18
U.S.C §§ 112, 1116
Page 15 of 24
I.
RIGHT OF ABSENTEE GOVERNMENT IN EXILE
The Nation of the Kingdom
of Hawai’i, being recognized pursuant to Act of Congress, Public
Law 103-150, 107 Stat. 1510, is under obligation to proceed
to full recognition. Being impaired by the unlawful overthrow of January
17, 1893, and unlawful annexation of July 7, 1898, the absentee Government
of the Kingdom of Hawai’i will be reinstated under acknowledged principle.
“The territorial annexation carried out by Germany and Italy in the
years preceding the outbreak of war in 1939, together with the annexations
of enemy territory and occupations of neutral territory by Germany, Italy,
and the Soviet Union during the war, led to the recognition by Great Britain
and other powers of numerous ‘absentee governments.’ In some cases, such
as those of Ethiopia, Czechoslovakia, Poland, and the Baltic States, the
recognition of the absentee governments was in fact the recognition of
the continued existence of the state itself which the absentee government
represented. In other cases, such as Norway, Holland, Belgium, Yugoslavia,
and Greece, the recognition of the absentee government was based upon a
repudiation of the de facto governments of the particular countries which
had been set up in them by the military power of the enemy army of occupation.
New questions of international law were thus presented, involving the extent
to which the de jure absentee government could speak in the name of the
country while under occupation by the enemy. While it cannot be said that
new rules of international law were developed in respect to the status
of such absentee governments, the practice of the leading governments show
the effort made to protect the rights of the people of the occupied state
while dealing with the absentee government as the temporary expression
of the popular will.” (See: International Law, 4th
Ed., Charles Fenwick, Chapter VII (G), pgs. 200, 201)
The acknowledged force and threat
of force used to overthrow the Constitutional Government of the Kingdom
of Hawai’i, in contravention of long recognized principles of international
law, left the de jure Government in exile, and leaves the de facto Government
in want of lawful authority and dominion. The de jure Government and Nation
of the Kingdom of Hawai’i, being unlawfully subjected to a century of exile,
has resumed recognition by Act of Congress, and will now proceed to bring
its body politic and recognized Constitution forward one-hundred (100)
years in time. It is to be recognized by all that we cannot change the
past, but the present time is ours. Let the moment and opportunity be used
wisely for the greatest good.
Page 16 of 24
The
Office of the Constitutional Monarchy was and is vacated pursuant to the
Constitution for the Kingdom of Hawai’i (1887),
Article
22, which declares, in pertinent part, that:
“...But should there be no such appointment and proclamation, and
the Throne should become vacant, then the Cabinet, immediately after the
occurring of such vacancy, shall cause a meeting of the Legislature, who
shall elect by ballot some native Alii of the Kingdom as Successor to the
Throne; and the Successor so elected shall become a new Stirps for
a Royal Family; and the Succession from the sovereign thus elected, shall
be regulated by the same law as the present Royal Family of Hawai’i.”
The Throne, as such, has been
vacated for over 100 years, and no Legislature being present nor called
into full and proper session, the Monarchy remains non-existent, and any
person or persons claiming such Title, Authority, and Power without following
the procedures mandated are de facto and properly considered as usurpers
themselves.
It is, therefore, necessary
for Council to begin the process of reinstatement and to proceed to call
the de jure Legislature into session, to fully reinstate the de jure Judicial
branch, to re-establish a de jure Executive branch, and an independent
Kingdom Treasury. The continued suppression of the “Native Hawaiians and
Hawaiians” is acknowledged and recognized in Public Law 103-150,
and includes, but is not limited to, the long recognized Perfect Right
and Perfect Obligation of self-governance.
“Individual countries are free not to recognize a de facto government
no matter how well established, just as they are free at any time to break
relations with it. But except in cases of military occupation by enemy
forces, the recognition of governments in exile as de jure, on the ground
that the elements they claim to represent are denied the freedom to express
themselves in national elections, is a form of Intervention which could
only be justified if applied universally to all countries denying freedom
of speech and expression.” (See: International Law, 4th
Ed., Charles Fenwick, Chapter VII (G))
The People of the Kingdom of
Hawai’i will, therefore, proceed to set the necessary Legislative body
in accordance with the Constitution for the Kingdom of Hawai’i,
as a matter of recognized Right, and without interference or intervention
from any other Power, be they de jure or de facto, foreign or domestic.
Page 17 of 24
II.
LEGISLATURE AND ELECTIVE FRANCHISE
The Legislative body of the
de jure Kingdom of Hawai’i will be set in accordance with the Constitution
for Kingdom of Hawai’i (1887),
Article
58, which declares:
“Twenty-four Nobles shall be elected as follows: Six from the island
of Hawaii; six from the islands of Maui, Molokai and Lanai; nine from the
island of Oahu, and three from the islands of Kauai and Niihau. At the
first election held under this constitution the nobles shall be elected
to serve until the general election to the Legislature for the year of
our Lord 1890, at which election and thereafter the nobles shall be elected
at the same time and place as the representatives. At the election for
the year of Our Lord 1890 one-third of the nobles from each of the divisions
aforesaid shall be elected for two years and one-third for four years and
one-third for six years, and the electors shall ballot for them for such
terms respectively; and at all subsequent general elections they shall
be elected for six years. The nobles shall serve without pay.”
Certain Constitutional qualifications
and restrictions apply to the members of both the House of Nobles [Senate]
and House of Representatives, which will be necessary to uphold.
The Constitution for the Kingdom of Hawai’i, Article
20 declares:
“The supreme power of the Kingdom in its exercise is divided into
the executive, legislative, and judicial; these shall always be preserved
distinct, and no executive or judicial officers, or any contractor or employee
of the Government, or any person in receipt of salary or emolument from
the Government, shall be eligible to election to the Legislature of the
Hawaiian Kingdom, or hold the position of an elective member of the same.
And no member of the Legislature shall, during the time for which he is
elected, be appointed to any civil office under the Government, except
that of a member of the cabinet.”
Article 56 declares;
“A noble shall be a subject of the Kingdom who shall have attained the
age of twenty-five years and reside in the Kingdom three years, and shall
be the owner of taxable property in this Kingdom of the value of three
thousand dollars over and above all encumbrances, or in receipt of an income
of not less than six hundred dollars per annum,”
Page 18 of 24
Article 61 declares:
“No person shall be eligible as a representative of the people unless
he be a male subject of the Kingdom, who shall have arrived at the full
age of twenty-one years, who shall know how to read and write either Hawaiian,
English, or some European language, who shall understand accounts, who
shall have been domiciled in the Kingdom for at least three years - the
last of which shall be the year immediately preceding his election - and
who shall own real estate within the Kingdom of a clear value, over and
above all incumbrances, of at least five hundred dollars, or who shall
have annual income of at least two hundred and fifty dollars, derived from
any property or some lawful employment.”
Article 73 declares:
“The following persons shall not be permitted to register for voting,
to vote, or to hold office under any department of the Government, or to
sit in the Legislature, namely: Any person who is insane or an idiot, or
any person who shall have been convicted of any of the following named
offenses, viz, arson, barratry, bribery, burglary, counterfeiting, embezzlement,
felonious branding of cattle, forgery, gross cheat, incest, kidnapping,
larceny, malicious burning, manslaughter in the first degree, murder, perjury,
rape, robbery, sodomy, treason, subornation of perjury, and malfeasance
in office, unless he shall have been pardoned by the King and restored
to his civil rights, and by the express terms of his pardon declared to
be eligible to offices of trust, honor, and profit.”
Article 74 declares:
“No officer of this Government shall hold any office or receive any
salary from any other government or power whatever.”
The fundamental standards and
qualifications being prescribed by the
Constitution for the Kingdom
of Hawai’i, it will be necessary to proceed as close as possible
to the impaired mandates for the first election of the two Houses of the
Legislature.
Page 19 of 24
III.
ELECTION PROCEDURES
The rules and regulations
concerning the first election are to be determined by Council, and are
to be published, pursuant to the Constitution for the Kingdom of
Hawai’i, Article 80,
which declares:
“The Cabinet shall have power to make and publish all necessary rules
and regulations for the holding of any election or elections under this
constitution, prior to the passage by the Legislature of appropriate laws
for such purposes, and to provide for administering to officials, subjects,
and residents the oath to support this constitution. The first election
hereunder shall be held within ninety days after the promulgation of this
constitution, and the Legislature then elected may be convened at Honolulu
upon call of the cabinet council, in extraordinary session at such time
as the cabinet council may deem necessary, thirty days' notice thereof
being previously given.”
IV.
ELECTORS
It will be necessary for
the House of Nobles and House of Representatives to be elected as provided
by Constitutional mandate, and that the same shall be by ballot cast by
the electors as set forth by the Constitution for the Kingdom of
Hawai’i, Article 59,
to wit:
“Every male resident of the Hawaiian Islands of Hawaiian, American,
or European birth or decent, who shall have attained the age of twenty
one years, and shall have paid his taxes, and shall have caused his name
to be entered on the list of voters for nobles for his district, shall
be an elector of nobles and shall be entitled to vote at any election of
nobles; provided,
First. That be shall have resided in the country
not less than three years and in the district in which he offers to vote
not less than three months immediately preceding the election at which
he offers to vote.
Second. That he shall own and be possessed in
his own right of taxable property in this country of the value of not less,
than three thousand dollars over and above all encumbrances, or shall have
actually received an income of not less than six hundred dollars during
the year next preceding his registration for such election.
Page 20 of 24
Third. That he shall
be able to read and comprehend an ordinary newspaper printed in either
the Hawaiian, English, or some European language.
Fourth. That he shall have taken an oath to
support the constitution and laws, such oath to be administered by any
person authorized to administer oaths or by any inspector of elections.
Provided, however, that the requirements of a three years’ residence
and of ability to read and comprehend an ordinary newspaper printed either
in Hawaiian, English or some European language shall not apply to persons
residing in the Kingdom at the time of the promulgation of this constitution,
if they shall register and vote at the first election which shall be held
under this constitution."
The exceptions declared in the
Fourth section shall apply to the first election as set by Council. Electors
will, however, meet all other qualifications of an elector, and until such
time as the de jure Legislature shall amend the Constitution
for the Kingdom of Hawai'i of 1887, as heretofore recognized,
and shall change and pass election Laws concerning future elections and
qualifications of electors.
V.
CONSTITUTIONAL CONVENTION
It shall be the first and
immediate duty of the newly elected Legislative body to hold a Constitutional
Convention to bring the Constitution for the Kingdom of Hawai’i
up to date, and to provide for all necessary elements of a civilized society
under the Law of Nations.
Pursuant to the Constitution
for the Kingdom of Hawai’i, Article
47, full power and authority was delegated to the de jure Legislative
body to accomplish such amendments and to provide for the Liberties, Rights,
Security, and Happiness of the People of the Kingdom, whose original natural
Right they seek to exercise through the Public Offices.
“ARTICLE 47. The Legislature has full power and authority to amend
the constitution as hereinafter provided, and from time to time to make
all manner of wholesome laws not repugnant to the constitution.”
Page 21 of 24
VI.
EDUCATION
Education and communication
will be necessary during the interim period of reinstatement. Council and
all other interested parties and groups, will be required to keep all good
faith communications open, be willing to discuss differences, and give
authorities for their positions. Such education is necessary under the
Law of Nations and will assist in reducing the time necessary for the Legislative
body to properly reinstate the National character and capacity.
“It is not enough to educate a Nation in knowledge; in order to lead
it to happiness it is even more necessary to inspire a love of virtue and
an abhorrence of vice. Those who have thoroughly investigated the subject
of morality are convinced that virtue is the true and only path that leads
to happiness, so that its principles are nothing else than the art of living
happily. One would have to be very ignorant of political affairs not to
perceive how much more capable a virtuous Nation is of forming a happy,
peaceful, flourishing, and secure State, respected by its neighbors and
formidable to its enemies.
Self-interest, therefore, in addition to his duty and the dictates of
his conscience, should lead a prince to watch attentively over so important
a matter. Let him employ all his authority to increase virtue and to suppress
vice; let him establish the public institutions with that object in view,
and direct to it the example of his own conduct and the distribution of
favors, employments and dignities. Let him extend his attention even to
the private life of the citizens, and let him banish from the State whatever
is suited only to corrupt morals. It belongs to a treatise on statesmanship
to teach him in detail what are the means for attaining this desirable
end and to show him those which he ought to prefer and those which he ought
to avoid because of the dangers accompanying their use and of abuses which
may creep in. We only make the general remark here that vice may be suppressed
by punishments, but gentle means are alone capable of raising men to the
practice of virtue, you may inspire men to it, but you can not force them.
It is unquestionably true
that the virtues of the citizens constitute the best dispositions a just
and wise government could desire. Here, then, is a certain indication by
which a Nation may discover the policy of those who govern. If they endeavor
to make the nobility and the common people virtuous, their aim upright
and sincere; you may be assured that their sole object is the great end
of government, the happiness and glory of the Nation. But if they corrupt
morals, if they spread a desire for luxury, or effeminacy or an ardor for
licentious pleasures, if they induce the nobility to a ruinous display
of pomp; beware, O people, of such corruptors! Their object is to purchase
slaves that they may rule despotically over them.” The Law Of
Nation Or The Principles Of Natural, Emer De Vattel, Book I,
Chapter XI, § 115
Page 22 of 24
It is most desirable that
all channels of communication be kept open. Our education many times comes
from the most unexpected people and places, and our awareness is many times
closed to the important observations of others. Some important observations
were made by the founders of the American Union, and should be taken cognizance
of, and will be asserted here.
“If a Nation expects to be ignorant and free, in a state of civilization,
it expects what never was and never will be. The functionaries of every
government have propensities to command at will the liberties and property
of their constituents. There is no safe deposit for these but with the
people themselves; nor can they be safe with them without information.”
The
Writings of Thomas Jefferson, Albert E. Bergh Ed. Volume 14, page
384
It is most imperative that all
recognize that “reason is the soul of the Law”, and that it is the level
of reason that predicates the form and extent of the civil government.
“Reason and Ignorance, the opposites of each other, influence the
great bulk of mankind. If either of these can be rendered sufficiently
extensive in a country, the machinery of Government goes easily on. Reason
obeys itself; and Ignorance does whatever is dictated it.” Rights
of Man, Thomas Paine, “Conclusion”
Many people of broad areas of
education and pursuits have taken up cause in this matter, and their efforts,
knowledge, common sense, and consideration are of highest importance in
this project. They have already expended extensive personal and private
time and funds to accomplish their most desired objective of National unity
and sovereignty. It is the desire of Council that we proceed with communication
and reason, but your assistance is necessary.
CONCLUSION
Council requests the assistance
of other groups and citizens to accomplish the reinstatement process and
procedures, and for their input and wisdom. Society, is a collection of
People with a common purpose for the reasons stated by Mr. Emer De Vattel.
To insure that certain beneficent ends are secured to all, Council calls
upon all those who have so steadfastly sought to claim and exercise their
original, natural, Perfect Rights and Obligations.
Page 23 of 24
The Alii descendents, who
were heretofore, delegated certain authority by the Constitution for the
Kingdom of Hawai’i, are called upon to appear and give of their time and
wisdom in the matters before us. It is your Right and your Obligation to
assist and take part in this important and extraordinary effort.
Let us proceed in the matters
before us with mature circumspection and wisdom. The matters are not easy,
and much needs to be considered and taken cognizance of during this monumental
effort. The other people of the world are watching, and anxiously await
your decisions. It is sometimes said that “Men make plans and God laughs.”
Now let us make plans, and with a little laughter, understanding, knowledge,
and wisdom, succeed in reinstating a free, sovereign, and independent Nation
to behold. Let it be an example of the high aspirations of man within the
laws of nature and nature’s God.
Council wishes all of you
well, and that the Creator of the Universe grant all of you all that you
sincerely endeavor to accomplish and achieve. And may he grant to all,
time, peace and wisdom during this most momentous opportunity.
Witness our hands and seals this 20th day of June, in the
year of our Lord 1994.
Amended as to form this 23rd day of August, in the year
of our Lord 1998.
BY THE GRACE OF GOD:
THE KINGDOM OF HAWAI’I
General Advocate Liaison
Ratified by Council:
[signed & sealed]
John B. Nelson, Sui Juris
[signed & sealed]
Jus Soli, Jus Sanguinis
Dennis W. Ragsdale
Jure Coronae
Advocate General
14675 County Road 35.6
c/o P. O. Box 4453
Mancos, Republic of Colorado
Kaneohe, Kingdom of Hawai’i
[signed & sealed]
[signed & sealed]
Daniel Sibonga
Russell A. Stewart
Minister of the Interior
Acting Minister of Foreign Affairs
c/o P. O. Box 29180
c/o P. O. Box 29180
Honolulu, Kingdom of Hawai’i
Honolulu, Kingdom of Hawai’i
[signed & sealed]
Roy Dahlin
Minister of Finance
c/o P. O. Box 29180
Honolulu, Kingdom of Hawai’i
Page 24 of 24
Exhibit: Public Law 103-150 [S.J. Res. 19] 107
Stat. 1510
Exhibit: Contitution for the Kingdom of Hawai’i
1887
Exhibit: Law of Nations (Introduction)
To
E-Mail the Kingdom