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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 Lindsay L. (Ka’Leo) Lindsey, Executive Minister; Dennis W. Ragsdale, Advocate General; Daniel Sibonga, Minister of Interior; Roy Dahlin, Treasurer, 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 Peoples.
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.
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 provide for define and punish Piracies and Felonies committed the high Seas, and Offenses 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 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 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:
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. 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.
“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 Peoples 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)”
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 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.
“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)
It is, therefore, within the “Perfect Right” of the Hawaiian Peoples 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 from and proceed from that source.
“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 Peoples 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.’ ”
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 where 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 self-determination of their 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 reinstitute the society in a manner they deem necessary to secure their common liberties, safety, and happiness. No other Nations, States, or International Organization is allowed or authorized to interfere, which includes the 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.
Acknowledgment, apology and recognition of the wrongs of years past being 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 yet 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.)
“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 invested with authority to fulfill the commitment and obligation to acknowledge, recognize, and 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.” .
The appointments heretofore made of 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 Lindsay L. Lindsey or the Office of Hawaiian Affairs pursuant to the “Notice Of Opportunity To Object”, and the time having expired on June 1, 1994, Council will proceed to reinstate the Nation and Kingdom of Hawai’i pursuant to the Law of Nations, and has 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.
. In acknowledging such respect to the opinions of mankind as are due and owing, and 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 reinstatement proceedings.
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.
Nor is authority or power extended to any personality to further suppress the People of the Kingdom of Hawai’i in the exercise of their Perfect Right to self-determination 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
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 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.
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 Stirrups 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 Judicial branch; to re-establish a de jure Executive branch and 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-determination.
“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.
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,”
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.
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.”
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.
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 change and pass election Laws concerning future elections and qualifications of electors.
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.”
Education and communication will be necessary during the interim period or reinstatement. Council and all other interested parties and groups will be required to keep all good faith communications open and 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
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 which would be well 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.
Council requests the assistance of other groups and citizens to accomplish the reinstatement process and procedures, and for their input and wisdom. Society being a collection of People to a common purpose for the reasons set forth by Mr. Emer De Vattel, and to insure that certain beneficent ends are secured to all, Council calls upon those who have so steadfastly sought to claim and exercise their original, natural, Perfect Rights and Obligations.
The Alii, 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, so long denied.
Let us proceed in the matters before us with mature circumspect and wisdom. The matters are not easy, and much needs to be considered and taken cognizance of during this monumental effort. The other peoples of the world are watching, and anxiously await your decisions. It is sometimes said that “Men make plans and God laughs”; and 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.
BY THE GRACE OF GOD:
THE KINGDOM OF HAWAI’I
Ratified by Council:
General Advocate Liaison
_______________________________________
John B. Nelson, Sui Juris, Jus Soli,
Jus Sanguinis, Jure Coronae
14675 County Road 35.6
Mancos, Republic of Colorado
P.
Z. 81328
_______________________________________
Roy Dahlin
Treasurer, Kingdom of Hawai’i
c/o P. O. Box 29180
Honolulu, Kingdom of Hawai’i
_______________________________________
Dennis W. Ragsdale
Advocate General
c/o P. O. Box 4453
Kaneohe, Kingdom of Hawai’i
_______________________________________
Daniel Sibonga
Minister of Interior
c/o P. O. Box 29180
Honolulu, Kingdom of Hawai’i
_______________________________________
Lindsay L. (Ka’Leo) Lindsey Removed
from Office 12-10-94 — see: Doc
#95-046056
Executive Minister
74-5067 Hua’ala Street Kailua-Kona
Kingdom of Hawai’i
______________________________________
Valentine Namokukaua Huihui Sr.
Office of Advisery Council
c/o P. O. Box 5573
Hilo, Kingdom of Hawai’i
This Document is Recorded in the Bureau of Conveyance for the de facto State of Hawaii, with Document Number 94-151968
This Document is not formatted exactly like the original.
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)
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