State of Hawai‘i Judge Says He Received Summons from the International Criminal Court

Dexter_KaiamaDexter Kaiama, an attorney that represents war crime victims, was told by another attorney that Judge Harry Freitas admitted to him and the Prosecutor for Hawai‘i County in a conference call that he received a warrant from the International Criminal Court (ICC) in The Hague, Netherlands, to appear before the Court. Freitas is a District Court Judge for the Third Circuit in the city of Hilo, Island of Hawai‘i.

Judges-FreitasIn February 2013, Kaiama submitted the following complaint on behalf of his client with the Prosecutor of the ICC alleging Judge Harry P. Freitas committed a war crime by willfully depriving his client of a fair and regular trial prescribed by the Fourth Geneva Convention, and that Federal National Mortgage Association, and attorneys Blue Kaanehe, Charles Prather, and Peter Keegan were complicit in these proceedings and therefore committed a war crime as accessories.

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On March 4, 2013, the Office of the Prosecutor’s Information and Evidence Unit acknowledged receipt of the complaint and assigned it case no. OTP-CR-63/13.

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The International Criminal Court’s Pre-Trial Chamber (PTC) issues both arrest warrants and summons at the request of the Prosecutor. It is unlikely that Freitas received a “warrant,” but rather a “summons” to appear before the Court. “Warrants” are orders directed to governments for the arrest and apprehension of war crime suspects to ensure appearance before the Court, while “summons” are sent to war crime suspects themselves so they could voluntarily appear before the Court.

The PTC would issue a summons if there are reasonable grounds to believe that the person has committed the alleged crimes, and that the summons is sufficient to ensure appearance before the Court on a specific day and time. Both warrants and summons can be sealed by the Court, which makes them only accessible to persons authorized by the Court. And once it can be ensured that victims and witnesses can be adequately protected, the Prosecutor could apply to the Court to unseal the warrants or summons in an effort to garner international attention and support for the arrests or summons.

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It appears that the proceedings and summons are under seal because there is no mention of it on the website of the ICC. In the ICC case The Prosecutor v. Bosco Ntaganda, an arrest warrant was under seal for two years. In other cases the warrants or summons were unsealed within a month. Freitas, however, appears to have been confident enough to disclose the matter to both the attorney and the Prosecutor for the County of Hawai‘i in a conference call because he did state to both that he may be traveling to Europe soon.

When Freitas disclosed to two officers of the State of Hawai‘i court that he received a summons from the ICC it should draw international attention because if Hawai‘i was a part of the territory of the United States the ICC would not have issued the summons in the first place. The United States has not agreed to the jurisdiction of the ICC and therefore the Court would have been precluded from sending a summons if Freitas was a judge within the territory of the United States of America. The acting Government acceded to the jurisdiction of the ICC, which provided the basis for the ICC to exercise jurisdiction over the Hawaiian Islands. Hawai‘i is not a part of the United States and has been under an illegal and prolonged occupation since 1898 in direct violation of international law and the law of occupation.

Los Angeles DOI and Hawaiian Community Meeting Regarding Government-to-Government Relations

The Mainland Council of the Hawaiian Civic Clubs (MCHCC) sponsored three town hall meetings “Ho`ohanohano I ko Kūpuna Na`auao” (To honor the wisdom of our ancestors). MCHCC stated that the purpose of these meetings was to bring balanced information to the community about Hawaiians’ political standing and to facilitate a grassroots discussion with leadership about the relationship between the United States Government and the Hawaiian people who live in the United States. These meetings were not only for Hawaiian Civic Club members and all Hawaiian and non-Hawaiians were welcomed to come, listen, ask questions and learn. Each meeting also had a representative from the Department of Interior to receive written testimony and answer questions.

The first town hall meeting took place in Las Vegas on July 27, 2014; the second meeting took place at California State University – East Bay in Hayward on August 9, 2014; and the third meeting took place at Springfield College in Tustin on August 10, 2014. Here are follows video of the town hall meeting in Tustin in 4 parts.

 

Professor Chang’s Open Letter to Secretary of State John Kerry: Federal Recognition of Hawaiians Raises Questions of Foreign Relations

August 11, 2014

Dear Secretary Kerry:

Aloha and welcome to the Hawaiian Islands. I am a Professor of Law at the University of Hawaiʻi William S. Richardson School of Law.  I am writing in my individual capacity and on behalf of others. The views expressed here are not those of the University of Hawai’i or the School of Law.

Since you will be in Honolulu, August 13, 2014, I ask whether you would be willing to meet with the Hawaiian community. The purpose of this meeting would be to clarify a legal issue of foreign relations that has become of critical importance to all in Hawaii these past months.

The Department of Interior, in June and July of this year held 15 statewide hearings as to whether to proceed with rulemaking that would result in administrative action recognizing Native Hawaiians as a federally recognized tribe. The testimony taken revealed that the single most important issue to the  hundreds testifying was whether the United States has sovereignty over the Hawaiian Islands and whether the Kingdom of Hawai’i, a sovereign and independent nation  continues to exist. This is a legal, not a political issue. We seek that you ask the Department of Justice, Office of Legal Counsel, to opine on whether the Kingdom of Hawai’i, as a subject of international law, ceases to exist in light of the international rule of law regarding the presumption of continuity.

The continued existence of the Kingdom would render the Department of Interior’s proposal legally questionable. The existence of the Kingdom raises the question that Hawai’i is occupied by the United States in violation of international and United States law. As a result, such occupation has extraordinary ramifications as to current United States foreign policy around the world because of the Kingdom of Hawai’i’s treaties with other independent nations.   Officials of the Departments of Interior and Justice who represented the United States at these hearings did not answer these questions deferring to the Department of State as the appropriate agency.

These issues were also raised by a State official, Dr. Crabbe, Chief Executive Officer of the Office of Hawaiian Affairs, an agency of the State of Hawai’i, in a letter, made public, to you. Although that letter was withdrawn by trustees of the Office of Hawaiian Affairs, its relevancy was affirmed by hundreds of those testifying who cited to it. It contains a more detailed explanation of points raised herein. A copy of Dr. Crabbe’s complete letter of May 5, 2014 can be found at: http://www.oha.org/news/oha%E2%80%99s-top-executive-makes-formal-request-us-department-state-legal-opinion-current-status-hawai  (last checked August 4, 2014 4:10 PM.)

Moreover, a more detailed letter of mine, further discussing these issues, is being sent to your office in Washington D.C.

I can be reached through my offices at the University of Hawaii. Mahalo and Respectfully yours, Professor Williamson B.C. Chang, William S. Richardson School of Law, University of Hawaii at Manoa.

Williamson Chang,
Professor of Law, University of Hawaii

Bill ChangProfessor Williamson Chang was born and raised in Honolulu, Hawai‘i. He graduated from Princeton University with degrees in Asian Studies and from the Woodrow Wilson School of Public and International Affairs. Thereafter, he attended the University of California, Berkeley [Boalt Hall] where he was an editor of both the California Law Review and the Ecology Law Quarterly. He clerked for U.S. District Court Judge Dick Yin Wong in Honolulu and began teaching at the University of Hawai`i the following year.

Update: The Civil Beat Published Dr. Sai’s Open Letter to Kia‘aina

The Honolulu Civil Beat has published Dr. Keanu Sai’s letter to Assistant Secretary of Insular Affairs, Esther Kia‘aina, as an “open letter.”

Rhea_SuhYesterday at a U.S. Department of Interior meeting held in Los Angeles, California, on August 10, 2014, regarding the proposed rule change to recognize Native Hawaiians as a domestic tribe, Assistant Secretary of Policy, Management and Budget for the Department of Interior, Rhea Suh, stated to Dr. Sai that Secretary of the Interior Sally Jewell was forwarded a copy of the letter and that they will be making a direct request to the Department of Justice’s Office of Legal Counsel to respond to his letter. Dr. Sai’s letter stated:

“I am respectfully calling upon you, as Assistant Secretary of Insular Affairs, to immediately submit a formal request to have the OLC provide an exhaustive legal analysis within the framework of international law that shows the Hawaiian Kingdom was extinguished. To not do so is to admit to the United States’ illegal occupation of Hawai‘i.”

Association of Hawaiian Civic Clubs’ Resolution 10-15 Acknowledges Restoration of the Hawaiian Kingdom Government

In 2010, Hawaiian Civic Clubs from across the Hawaiian Islands and the United States met at its annual convention held at the Keauhou Sheraton Hotel on the Island of Hawai‘i. The first Hawaiian Civic Club was established in 1918 by Prince Kuhio Kalaniana‘ole. The Association of Hawaiian Civic Clubs (AHCC) is a confederacy of fifty-eight clubs that advocates “for improved welfare of native Hawaiians in culture, health, economic development, education, social welfare, and nationhood,” that was established in 1959. According to Dot Uchima, Recording Secretary, the AHCC “has established a reputation of serious consideration on community issues and mana‘o of the membership as it convenes annually at locations where clubs are represented,” and that “many resolutions adopted by the Association’s delegation at convention have served as the basis for proposed state and federal legislation.”

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At the 2010 Convention, Ka Lei Maile Ali‘i Hawaiian Civic Club introduced resolution 10-15, “Acknowledging Queen Lili‘uokalani’s Agreements with President Grover Cleveland to Execute Hawaiian Law and to Restore the Hawaiian Government.” The resolution passed. To access all the 2010 Resolutions passed in Convention click here.

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mele-carrollOn March 14, 2011, State of Hawai‘i Representative Mele Carroll introduced House Concurrent Resolution (HCR) 107 calling for the establishment of a joint legislative investigating committee to investigate the status of two executive agreements entered into in 1893 between the United States President Grover Cleveland and Queen Lili‘uokalani of the Hawaiian Kingdom, called the Lili‘uokalani Assignment (January 17, 1893) and the Agreement of Restoration (December 18, 1893). The Lili‘uokalani Assignment mandates the President to administer Hawaiian Kingdom law, and the Agreement of Restoration mandates the President to restore the Hawaiian Kingdom government as it was prior to illegal landing of U.S. troops on January 16, 1893, and thereafter the Queen to grant amnesty to certain people who committed treason.

HCR 107 acknowledged the AHCC Resolution 10-15 and called for the establishment of a “joint legislative investigating committee to investigate the status of two executive agreements entered into between President Grover Cleveland of the United States and Queen Lili‘uokalani of the Hawaiian Kingdom in 1893, called the Lili‘uokalani Assignment and the Agreement of Restoration,” and the “purpose and duties of the joint committee shall be to inquire into the status of the executive agreements by holding meetings and hearings as necessary, receiving all information from the inquiry, and submitting a final report to the Legislature.”

In a hearing before the Hawaiian Affairs Committee of the House of Representatives, Soulee Stroud, President of the AHCC, gave testimony in support of HCR 107.

After passing the House Committee on Hawaiian Affairs and the Committee on Water, Land, and Ocean Resources, HCR 107 was deliberately blocked from getting on to the agenda of the House Finance Committee. If it did pass the Finance Committee it would have moved on for hearings in the Senate Ways and Means Committee, the Committee on Water, Land, and Agriculture, and the Hawaiian Affairs Committee.

This is very timely because the Association of Hawaiian Civic Clubs has publicly taken an affirmative stance through AHCC Resolution 10-15 that calls upon the President of the United States to restore the Hawaiian Kingdom government as it stood on January 17, 1893 and not a native Hawaiian government contrived under domestic United States law, which stands in direct violation of these executive agreements and international law. The AHCC will be meeting again in its annual convention from October 26 to November 2, 2014 at the Waikoloa Hotel, Island of Hawai‘i.

New Research in Hawaiian History: Keanu Sai, Ph.D., Political Science

Dr. Lynette Cruz and Dr. Keanu Sai discuss his doctoral research on the occupation of Hawai‘i and how to ultimately bring the occupation to an end. Also discussed was Dr. Sai’s recent letter to Assistant Secretary of Insular Affairs at the Department of the Interior, Esther Kia‘aina, regarding evidence that Hawai‘i’s sovereignty was lost in 1893.

U.S. Dept. of Interior: Provide Evidence of U.S. Extinguishing Hawai‘i’s Sovereignty under International Law

Dr. Keanu Sai, political scientist, made a formal request today to Assistant Secretary for Insular Affairs at the Dept. of Interior, Esther Kia‘aina, to provide evidence that the United States extinguished Hawai‘i’s sovereignty under international law. In his email to Kia‘aina that included the formal letter, Dr. Sai stated:

Please find attached a formal request for the U.S. Department of Interior to provide evidence that Hawai‘i’s sovereignty was extinguished under international law from the Department of Justice’s Office of Legal Counsel. According to Title 28 U.S.C. §510, the Office of Legal Counsel has been delegated by the Attorney General the responsibility for preparing formal opinions to the various Executive branch agencies, which includes the Department of Interior. Dr. Kamana‘opono Crabbe, CEO of the Office of Hawaiian Affairs attempted to do this with the Secretary of State, but it was “politically” derailed.

Under international law, the Hawaiian Kingdom as it was in the 19th century is presumed to continue to exist today with all its laws intact, unless the United States can show that it unequivocally extinguished Hawai‘i’s sovereignty under international law. In other words, the burden is not on Hawaiians to prove the Hawaiian Kingdom “does” exist, but rather that burden is shifted onto the United States, through its Department of Interior, to prove that the Hawaiian Kingdom “doesn’t” exist.

Now with the recent Department of Interior hearings, the continuity of the Hawaiian Kingdom as a sovereign State was clearly displayed by the testimony of individuals, both professional and private, that have been formally and informally educated on the matter. If the United States Federal government can show clear and undeniable evidence to not only Hawai‘i’s people, but to the entire world, that its has extinguished the Hawaiian Kingdom as provided for by international law, then the prospect of federal recognition can move forward without a any problems, except for maybe U.S. law such as Rice v. Cayetano. But if it cannot, then we will deal with 121 years of violating Hawai‘i’s sovereignty and the international laws of occupation and the issues will now be restitution and reparations and the movement toward de-occupation.

This is a very serious matter with profound legal, political and economic ramifications for not only the residents of the Hawaiian Islands, which includes resident aliens, but also for the international community at large whereby countries and their nationals have been affected as well, especially when these countries continue to have treaties with Hawai‘i.

The Honolulu Civil Beat has published Dr. Sai’s letter as an “open letter.”

[Correction: The letter was resent to Assistant Secretary of Insular Affairs, Esther Kia‘aina with the corrected date. The original letter was mistakenly dated August 5, 2013 when it should have been August 5, 2014.]

Click here to download the original letter in PDF with hotlinks.

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Here are the hotlinks that are embedded in the letter.

National Holiday – Restoration Day

Today is July 31st which is a national holiday in the Hawaiian Kingdom called “Restoration day,” and it is directly linked to another holiday observed on November 28th called “Independence day.” Here is a brief history of these two celebrated holidays.

Kam IIIIn the summer of 1842, Kamehameha III moved forward to secure the position of the Hawaiian Kingdom as a recognized independent state under international law. He sought the formal recognition of Hawaiian independence from the three naval powers of the world at the time—Great Britain, France, and the United States. To accomplish this, Kamehameha III commissioned three envoys, Timoteo Ha‘alilio, William Richards, who at the time was still an American Citizen, and Sir George Simpson, a British subject. Of all three powers, it was the British that had a legal claim over the Hawaiian Islands through cession by Kamehameha I, but for political reasons the British could not openly exert its claim over the other two naval powers. Due to the islands prime economic and strategic location in the middle of the north Pacific, the political interest of all three powers was to ensure that none would have a greater interest than the other. This caused Kamehameha III “considerable embarrassment in managing his foreign relations, and…awakened the very strong desire that his Kingdom shall be formally acknowledged by the civilized nations of the world as a sovereign and independent State.”

PauletWhile the envoys were on their diplomatic mission, a British Naval ship, HBMS Carysfort, under the command of Lord Paulet, entered Honolulu harbor on February 10, 1843, making outrageous demands on the Hawaiian government. Basing his actions on complaints made to him in letters from the British Consul, Richard Charlton, who was absent from the kingdom at the time, Paulet eventually seized control of the Hawaiian government on February 25, 1843, after threatening to level Honolulu with cannon fire. Kamehameha III was forced to surrender the kingdom, but did so under written protest and pending the outcome of the mission of his diplomats in Europe. News Admiral Thomasof Paulet’s action reached Admiral Richard Thomas of the British Admiralty, and he sailed from the Chilean port of Valparaiso and arrived in the islands on July 25, 1843. After a meeting with Kamehameha III, Admiral Thomas determined that Charlton’s complaints did not warrant a British takeover and ordered the restoration of the Hawaiian government, which took place in a grand ceremony on July 31, 1843. At a thanksgiving service after the ceremony, Kamehameha III proclaimed before a large crowd, ua mau ke ea o ka ‘aina i ka pono (the life of the land is perpetuated in righteousness). The King’s statement became the national motto.

The envoys eventually succeeded in getting formal international recognition of the Hawaiian Islands “as a sovereign and independent State.” Great Britain and France formally recognized Hawaiian sovereignty on November 28, 1843 by joint proclamation at the Court of London, and the United States followed on July 6, 1844 by a letter of Secretary of State John C. Calhoun. The Hawaiian Islands became the first Polynesian nation to be recognized as an independent and sovereign State.

The ceremony that took place on July 31 occurred at a place we know today as “Thomas Square” park, which honors Admiral Thomas, and the roads that run along Thomas Square today are “Beretania,” which is Hawaiian for “Britain,” and “Victoria,” in honor of Queen Victoria who was the reigning British Monarch at the time the restoration of the government and recognition of Hawaiian independence took place.

Big Island Video News: Case Against Kale Gumapac Dismissed

HILO, Hawaii – Illegal trespassing charges against Kale Gumapac were dropped by prosecutors last week.

In an interview conducted outside the Hilo Courthouse on Friday, Gumapac and his attorney Dexter Kaiama said they had planned to go to trial that same day before hearing word that the case was dismissed without prejudice.

Gumapac made headlines last year when his refusal to pay his mortgage on his Hawaiian Paradise Park home resulted in his forceful eviction. Gumapac said he was simply following the terms of his contract, and according to he and his lawyer Dexter Kaiama, there is an inherent defect in all land title in Hawaii thanks to the overthrow of the Hawaiian Kingdom. Big Island Video News covered the case in a five part series called “Defected: Testing Hawaiian Sovereignty” (video below)

While producing the series, Big Island Video News contacted Deutsche Bank, the trustee of the mortgage, who informed us the servicer of the mortgage (the entity in charge of the foreclosure activity and the post-maintenance, sale and disposition of the property) was another company called Ocwen Loan Servicing. The very same day we gleaned that information, Big Island Video News also received – apparently by coincidence – a media release from the Office of Hawaii’s Attorney General detailing a $2.1 billion joint state-federal settlement with Ocwen for servicing misconduct.

Gumapac says he was able to submit a claim and received a cash payment under the settlement. Gumapac was prepared to present the payment as evidence in his trial.

Gumapac and Kaiama were also prepared to call Dr. Keanu Sai and Professor Williamson Chang as expert witnesses. The work of both men was recently cited in a highly publicized letter to Secretary of State John Kerry written by Office of Hawaiian Affairs CEO Kamana’opono Crabbe (later rescinded by the OHA Board of Trustees) asking for clarification – among other things – on the continued existence of the Hawaiian Kingdom.

Channel 13 Action News Las Vegas: Local Hawaiians discuss restarting native government

North Las Vegas, NV (KTNV) – Local Hawaiians are meeting to discuss the process of reestablishing a native Hawaiian government to protect the rights of its people around the country.

It has been 121 years since the Hawaiian government was overthrown by American settlers.

At the time native Hawaiians said the nation had dozens of international treaties, including some with the United States.

Over the past two decades, efforts have been underway to make amends.

At this point that discussion involves federal recognition for a native Hawaiian government that is in the process of being reestablished.

“Work with the state, and work with the federal government, and work with the international,” Soulee Stroud, President of the Association of Hawaiian Civic Clubs said.

Supporters of the government to government agreement, similar to that between the U.S. and Native Americans say it would help ensure continued support of the native Hawaiian population nationwide, including the large number of Hawaiians in Southern Nevada.

“In health, education and housing,” Stroud said.

Not everyone is in favor of government recognition, saying it would minimize the power of the native Hawaiians.

Some maintain that the nation should remain sovereign and reestablish an independent government that will seek to update the international treaties that were in place before the unites states occupation began.

“You might say in 1893 Hawaii was kidnapped by the United States, but is treated like it was adopted,” Dr. Keanu Sai said.

There is one positive both sides say is coming out of the discussion.

“I think what it is providing is a venue for people to start asking questions and that is good,” Sai said.

The Department of the Interior is taking written testimony on the issue until the middle of next month.

It will likely be several months after that before any movement is made on the issue.

Independent Newspaper 1897: Open Letter by James Kaulia President of the Hawaiian Patriotic League

Independent Newspaper 1897

James KauliaThere is cause for congratulating ourselves, we who have yet faith in the justice and honor of the great United States, our greatest friend and nearest neighbor, at the presence in our midst of that noble representative of the Senate of the United States Hon. John T. Morgan, of Alabama. The Senator comes not hither unknown, unhonored or unsung, for thousands have heard his voice, only a few weeks ago in the Capital City of California, and tributes of esteem have met him at every turn. To those who have no knowledge of Senator Morgan’s character or position it was sufficient to say that the gentleman is Chairman of the Committee on Foreign Relations of the United States Senate, a Committee which will, in the near future, pass upon questions of grave importance to little Hawaii, and the result of which means an honorable life as an independent nation or the sending out of national existence the only representative nation in the Pacific. Senator Perkins, a long time friend of Senator Morgan, says: “if there is one that ever occupied the position of a Senator with a conscientious desire to do his duty faithfully to the whole people, it is the distinguished Senator from Alabama.” And the words that Senator Morgan given public voice to, before leaving the City of San Francisco, shows his mission hither; he says, “I am going as far as the Hawaiian Islands for the purpose of trying to understand the geographical, commercial and other situations which I conceive to be very important for the people and the Government of the United States and (mark) necessary to enable me to conscientiously discharge duties incumbent on me and my colleagues in the House and the Senate.”

Again, later on, in the speech delivered by him in San Francisco on the evening of tho 6th of September, Senator Morgan gave expression to sentiments which do honor to his heart and head and enables one to place great confidence in this leading American Senator for he said: “I think that an American citizen who is an honest man faithful to his duties and who has a trust reposed in him by the voice of a constituency when he pursues that cause unfalteringly, honestly, impartially and justly is entitled to the encomium at least of ‘Well done thou good and faithful servant.’ When we come to the end of our earthly career, if a higher power shall say to each and all of us, ‘Well done thou good and faithful servant,’ we will feel that we have not insufficiently served the Master who can bestow on us benedictions like that.” To us here in Hawaii, who still love Hawaii and hope for the long-delayed but expected justice at the hands of the United States, Senator Morgan voicing such sentiments, would prove a good advocate when time and opportunity makes him familiar with the surroundings of the coup d’etat which caused Hawaii to be the petitioner to her great and good friend, “Uncle Sam,” to have right and justice done her.

To ask for bread and receive but a stone would hardly be provocative of obtaining the praise and blessing of the Just One so aptly alluded to by Senator Morgan. And, Senator Morgan coming here, as he does, on an honest survey, 2,100 miles across the blue Pacific, shut off for several weeks from his people, came not alone but in company of other distinguished members of the Congress of the United States. But why should those distinguished people come so far? when, as Senator Morgan truly says, “The United States Government, great, majestic, powerful and splendid as it is, is still in its formative period. We are not yet a complete Government.” True, Senator, such has been said before and will be again, and as you yourself say, Mr. Senator, “Look at Alaska, that vast body of land which is developing more wealth, both in the supply of human food from the sea and gold from the land, and timber. Look at it. It has not yet a Governor. It has no Legislature; it has a mere form of a judicial system. New Mexico and Arizona are yet under a territorial Government.” But, is it because the goods are of better quality in Hawaii and practically unprotected that the desire for attainment becomes so prominent to-day. The destiny of Hawaii, situated in the Mid-Pacific as she is, should be that of an independent nation and so she would be were it not for the policy of greed which pervades the American Legislators and the spirit of cowardice which is in the breasts of those who first consummated the theft of Hawaiian prestige.

But from Senator Morgan, we hope for bettor results than might be expected when he already has mapped out that the boundary line, The “outside boundary of the United States is to begin at the island of Pioka, 600 miles west of Honolulu, in the Aleutian Peninsula, and swooping from there to the Hawaiian group, then to the land 12 miles below San Diego on the Mexican border.” But “man proposes and God disposes,” and the Senator, who was a sturdy champion of the cause of succession when it threatened to disrupt that great country of his which he now speaks of so fervently, the Senator knows that the ways of Providence are inscrutable and God defends the right.

Again it seems as though it were a great waste of time and labor for Senator Morgan to leave the shores of California when there is so much there to be done in throttling the gigantic steals which are, as he states he has knowledge of, being perpetrated on the United States Government and the people of California. The Senator states that there is now an attempt being made to steal $25,000,000, and that there is “need for the people of California to take immediate action.” In the next few words the Senator tells those same people, American citizens, and members of that “majestic and splendid Government,” that this great wrong that he speaks of is about being carried out in his own grand country (to which he seeks to annex yet virtuous little Hawaii), this monstrous steal of which the honorable gentleman facetiously remarks that 25,000,000 was taken “for pocket lining,” this wrong is being consummated, and will be consummated, and before Congress meets in next December, * * * we will then have presented to us the judgment of a court upon a great case, and you and I, sir, will be asked to swallow it,” and the Senator plainly tells them that they, the people, are practically helpless in a matter of this kind.”

But let us here in Hawaii aid the Senator in his excursion of some 6000 miles for knowledge on a question which he pleads lack of information although it seems that the name of the Senator has become attached to at least one official brochure which loomed with thoughts upon Hawaii and the annexation to the United States of America. The logical way to debate this question, Mr. Senator Morgan, would be, first, to prove that the United States has a right to annex these islands, for if the coveted territory were a gold mine of inestimable value, if annexation be an unjust act, the United States should positively refuse to add the Hawaiian Islands to her territory, and Senator Morgan, an honorable representative of that great Government, anxious to do his duty conscientiously, with the seeming love for God in his heart and the desire for the approbation of being “a good and faithful servant” on his lips, should be last man to aid, over so little, in the consummation of a wrong. Then let us reason together, Mr. Senator, on the justice of the question. It cannot be foreign to your knowledge, sir, that, in dispatch numbered 74 of ex-American Minister Stevens, that gentleman previous to the so-called revolution of January 16, 1893, published the fact that he was engaged with certain American citizens to overthrow the Hawaiian Government. In this dispatch sent to Washington some fifty days before the revolution, the then American Minister asks for “wise and bold action” to overthrow the monarchy and rescue the property owners.

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Can the United States in consistency with past principles annex these islands until she has made herself right before the world by undoing everything that this Minister has done? Can the United States afford to have annexation of the Hawaiian Islands go down into history as having been previously worked up by the United States Minister and American citizens? And let us see fully the hand that the American Minister had in the overthrow of a friendly sovereign. After the Queen had withdrawn the proposed Constitution after an official proclamation had been issued congratulatory on the peace and order which had prevailed, when the usual routine of business and pleasure was again at work, and the Hawaiians had settled down again to their usual quiet life, when no riot had occurred nor no life been lost, Mr. Stevens, the American Minister, writes to Captain Wiltze, commanding the U. S. S. Boston, then in Honolulu Harbor:

“Sir.—In view of the existing critical circumstances in Honolulu, including an inadequate legal force I request you to land marines and sailors from the ship under your command for the protection of the United States Legation and the United States Consulate, and to secure the safety of American life and property.”

Now, Mr. Senator Morgan, where, think you, were the “critical circumstances?” Not in the Government, nor among the Hawaiians. No. The “critical circumstances” were a little knot of foreigners (Americans) trying to overthrow the Constitutional Government so that they could offer the Hawaiian Islands to the United States for annexation, and at the time they did not have a single soldier in arms. It was “critical circumstances” indeed. The Queen with her one thousand or more determined men could have destroyed the conspiracy quickly, but Mr, Stevens, the American Minister, landed the United States troops and held the Queen and the army at bay until the conspirators had organized to overthrow the Government. When the then United States representative (Mr. Blount) arrived here some thirty days after the Provisional Government, which was offering itself and its stolen property to the United States, was still under the protection of Mr. Stevens and the army and navy of America. And Mr. Senator Morgan let me draw your attention to the fact that the Queen did not surrender to the Provisional Government but to the United States and declared in a published statement that, “I yield to the superior force of the United States.” En passant it may be worthy your attention that the protest of Her Majesty to her great and good friend Uncle Sam yet remains unanswered.

Now, Mr. Senator, let us place this state of things as happening in America and at a time, Mr. Senator when you had knowledge from personal experience, of the surrounding circumstances. Let us suppose that at the time the people of the South were working up their great conspiracy to divide the Union that a large Union army was in readiness to squelch the conspiracy. Suppose at this time England with a much larger and stronger army had landed and marched between the forces of the North and South and had held the people of the North at bay until the South had so organized their forces as to be enabled to overthrow the Government! England would have been just as guilty and responsible as if she had taken the American Capital by storm. Do you not think so, Mr. Senator?

But let us consider the position of the United States if this proposed scheme of annexation is consummated. By such act the established policy of the United States is at once broken and the change of national policy is a grave proceeding, it involves the fate of the nation that changes it. The complex territorial interests both at home and abroad of the European powers has forced upon those powers relations of a most intricate character. Territory is the bone of their contention. Intervention is the policy of European nations but it is not the policy of the United States. Instead of being surrounded by rivals, America lives in a sphere essentially her own. No armies or navies are needed to preserve a “Balance of Power,” for there is none to preserve. She is so far distant from the complications of the other great nations that to her it matters not whether the star ascendant of Europe be that of England, France, Germany, Russia or Austria. Her territorial isolation has enabled her to pursue an isolated policy, a policy of “Friendship with all nations and entangling alliances with none” has been the motto of all administrations from Washington on.

The American people delivered from the desire and fear of war sentiments, from standing armies and great navies have been free to take the leading place in this world’s industrial development. But a change of conditions must bring a change of policy. The ocean territories are largely in the possession of other powers; an extension of American domain into the same regions means an identification of American foreign interests with other powers and the consequent entanglement and complications which American policy has always sought to avoid. And why this greed for the Hawaiian Islands? Is it a naval station that is needed? For that it would seem that American home ports are much in need of such protection. Is it a coaling station that is desired? That is obtainable by treaty. Or is it the islands’ wealth that America desires? If so, then America will desire to annex the earth. The shore lines of American policy once crossed is crossed for ever and one acquisition leads but to another. And Mr. Senator, let me say in closing that, annexation or no annexation “Fiat justitia ruat cœlum;” there is a preferred charged of wrong-doing and justice against the United States, let there not be another and graver one of direct subjugation. Ask for the voice of Hawaii on this subject Mr. Senator, and you will hear it with no uncertain tones ring out from Niihau to Hawaii—”Independence now and forever.”

Then Mr. Senator, let The Great Republic of America undo the wrong that has been done to the Hawaiian Nation by its Representatives, and when you come to the end of your earthly career a High Power will say “Well done thou good and faithful Servant.”

James Keauiluna Kaulia.

Honolulu, Oct. 11, 1897.