Occupation does not legally change the national character of the occupied territory. As such, the laws of the Hawaiian Kingdom, as they existed previous to the failed revolution of 1893, continue to remain the Law of the Land, and Chapter II, section 6 of the Hawaiian Civil Code, provides: "The laws are obligatory upon all persons, whether subjects of this kingdom, or citizens or subjects of any foreign State, while within the limits of this kingdom, except so far as exception is made by the laws of nations in respect to Ambassadors or others. The property of all such persons, while such property is within the territorial jurisdiction of this kingdom, is also subject to the laws."
The Establishment of the First Co-partnership Firm under Kingdom Law since 1893.
On December 10, 1995, a Hawaiian general partnership was formed in compliance with an Act to Provide for the Registration of Co-partnership Firms, 1880. The partnership was named the Perfect Title Company and was a land title abstracting company. Since the enactment of the 1880 Co-partnership Act, members of co-partnership firms had filed their articles of agreements in the Bureau of Conveyances.
The Bureau of Conveyances is presently administered by the occupational force of the United States, through the State of Hawai`i, pursuant to United States municipal legislation. Such legislation required that all documents prior to filing with the Bureau be acknowledged by a United States/State of Hawai`i notary public. In order for the partners of the Perfect Title Company to get their articles of agreement filed in the Bureau of Conveyances, pursuant to the said 1880 Co-partnership Act, the following protest was incorporated and made a part of their articles of agreement, which provided: "Each partner also agrees that the business is to be operated in strict compliance to the business laws of the Hawaiian Kingdom as noted in the 'Compiled Laws of 1884' and the 'session laws of 1884 and 1886.' Both partners are native Hawaiian subjects by birth and therefore are bound and subject to the laws above mentioned. And it is further agreed by both partners that due to the filing requirements of the Bureau of Conveyances to go before a foreign notary public within the Hawaiian Kingdom, they do this involuntarily and against their will."
The Perfect Title Company was to have commenced on the 10th day of December, 1995, but there was no representation of the Hawaiian Government to ensure compliance with the co-partnership statute from that date. In accordance with the 1880 Co-partnership Act, a duty and an obligation was established between the Interior Department and co-partnership firms in the Kingdom. At one end of the statute, the registration of co-partnerships was a requirement, while at the other end of the statute, the Interior Department was to ensure that co-partnerships maintained their compliance with the statute. Thus, the partners of the Perfect Title Company had to abide by the duty and corresponding obligation in order to satisfy the statute under Kingdom law.
Section 7 of the Co-partnership Act of 1880 clearly outlines the duty of the Interior department and the corresponding obligation of the members of co-partnerships in the Kingdom, which states: "The members of every co-partnership who shall neglect or fail to comply with the provisions of this law, shall severally and individually be liable for all the debts and liabilities of such co-partnership and may be severally sued therefor, without the necessity of joining the other members of the co-partnership in any action or suit, and shall also be severally be liable upon conviction, to a penalty not exceeding five dollars for each and every day while such default shall continue; which penalties may be recovered in any Police or District Court."
Re-establishing the Hawaiian Kingdom Government, by and through the Hawaiian Co-partnership Statute.
The partners of Perfect Title Company desired to establish a legitimate co-partnership pursuant to Hawaiian Kingdom law. Such a co-partnership had not been created in the Hawaiian Kingdom for over one hundred years, because the Hawaiian Kingdom has experienced an illegal and prolonged occupation by the United States. As a result, the Hawaiian Kingdom Government has ceased to operate. In light of the above, the partners of the Perfect Title Company reasoned that the Hawaiian corporate body of government had to be re-established pursuant to Hawaiian Kingdom law, in order for the Perfect Title Company to exist as a legal co-partnership firm.
Therefore, in order for the Government of the Hawaiian Kingdom to be re-activated, an Acting Executive Head of State had to be established in conformity with the laws of the Hawaiian Kingdom. Black's Law Dictionary, 6th Ed., defines acting officer as: "...to designate, not an appointed incumbent, but merely a locum tenens, who is performing the duties of an office to which he himself does not claim title."
The last legitimate Hawaiian Legislative Assembly of 1886 was prevented from reconvening as a result of the extortion of the 1887 Constitution. The subsequent Legislative Assembly of 1887 was based on an illegal constitution which altered existing voting rights which led to the illegal election of the 1887 Legislature. As a result, there existed no legitimate Nobles in the Legislative Assembly when Her Majesty Queen Lili`uokalani ascended to the Office of Monarch in 1891, and therefore, the Queen was unable to obtain confirmation for her named successors from those Nobles as required by the 1864 Constitution. Her Majesty had first intended that Princess Ka`iulani be the named successor to the Office of Monarch, and subsequently considered Prince David Kawananakoa and Prince Jonah Kuhio Kalaniana`ole as her successors. Tragically, when Her Majesty died on November 11, 1917, there were no legitimate Noblemen of the Legislative Assembly to confirm her above nominations. Article 22 of the 1864 Constitution eloquently illustrates the requirements, and states, in part: "...the successor shall be the person whom the Sovereign shall appoint with the consent of the Nobles, and publicly proclaim as such during the King's life."
In the absence of a confirmed successor to the Throne by the Nobles of the Legislative Assembly, Article 33 of the Constitution of 1864 provides that: "...should a Sovereign decease, leaving a Minor Heir, and having made no last Will and Testament, the Cabinet Council at the time of such decease shall be a Council of Regency, until the Legislative Assembly, which shall be called immediately, may be assembled, and the Legislative Assembly immediately that it is assembled shall proceed to choose by ballot, a Regent or Council of Regency, who shall administer the Government in the name of the King, and exercise all the Powers which are Constitutionally vested in the King..."
The law did not assume that the whole of the Hawaiian Kingdom Government would be made vacant. Consequently, the law did not not formalize provisions that described every step of the reactivation of the Government. Thus, the following course of action was taken to re-activate the Hawaiian Kingdom Government by and through its Executive branch.
Properly interpreted, Article 33 of the 1864 Constitution, provides that the Cabinet Council shall be a "temporary" Council of Regency until a proper Legislative Assembly can be convened to choose, by ballot, some native Ali'i (Chief) to be Monarch, as provided in Article 22 of the Hawaiian Constitution. Article 33 further states that this Regent or Council of Regency shall administer the Government in the name of the Monarch, and exercise all the Powers which are constitutionally vested in the Monarch.
Article 42 of the 1864 Constitution, provides that the Cabinet Council consists of the Minister of Foreign Affairs, the Minister of Interior, the Minister of Finance and the Attorney General of the Kingdom. Proper interpretation of this law allows the Minister of Interior to assume the powers vested in the Cabinet Council in absentia of the Minister of Foreign Affairs, the Minister of Finance and the Attorney General, and consequently serve as the Council of Regency.
Chapter XXVI, section 1249 of the Hawaiian Civil Code, provides that a bureau is established in the department of the Interior called the Bureau of Conveyances and that a Registrar shall superintend said bureau. Proper interpretation of this Law allows the Registrar of Conveyances to assume the powers vested in the Minister of Interior in absentia of the same; then assume the powers vested in the Cabinet Council in absentia of the Minister of Foreign Affairs, the Minister of Finance and the Attorney General; and finally the Registrar has assumed the position of the Council of Regency.
The 1880 Co-partnership Act requires members of co-partnerships to register their articles of agreement in the Bureau of Conveyances, being within the Department of the Interior. This statute places an obligation on members of co-partnerships to register, and at the same time, this statute places a corresponding duty on the Department of the Minister of Interior to assure compliance with the statute. Logic and necessity dictated that in the absence of an executor of this department that a registered co-partnership could assume the department's duty. In order to accomplish this, it was logical that this registered co-partnership could assume the powers vested in the Registrar of the Bureau of Conveyances in absentia of the same; then assume the powers vested in the Minister of Interior in absentia of the same; then assume the powers vested in the Cabinet Council in absentia of the Minister of Foreign Affairs, the Minister of Finance and the Attorney General; and, finally assume the power of the Council of Regency.
This abovementioned process of ascension can be analogized to a Private in an Army that rises up the ranks during battle, in the absence of all ranking soldiers above him. In this type of extraordinary scenario, a Private could ultimately assume the rank of General of the Army in an "acting" role, until relieved by a properly commissioned General. The critical point to be made about this process in relation to the Hawaiian Kingdom's corporate body, is that each position assumed by a registered co-partnership under the 1880 Co-partnership Act is an "acting" position until relieved by a "permanent" Regent or Council of Regency elected by a legally constituted Legislative Assembly.
The Hawaiian Kingdom Trust Company, a general partnership, established to Assume Role of Absentee Government.
On December 15, 1995, the partners of Perfect Title Company formed a second partnership called the Hawaiian Kingdom Trust Company. The partners intended that this registered partnership would exist as a company acting for and on behalf of the Hawaiian Kingdom "absentee" Government. As of December 15, 1995, there were no other co-partnerships registered in accordance with the said 1880 Co-partnership Act, except for the Perfect Title Company. Therefore, and in light of the ascension process explained in the previous paragraphs, the Hawaiian Kingdom Trust Company could then "act" as the Registrar of the Bureau of Conveyances, the Minister of Interior, the Cabinet Council, and ultimately as the Council of Regency.
Article 1 of the Hawaiian Kingdom Trust Company's deed of general partnership provided, in part, that: "...the company will serve in the capacity of acting for and on behalf of the Hawaiian Kingdom government. The company has adopted the Hawaiian Constitution of 1864 and the laws lawfully established in the administration of the same. The company is to commence on the 15th day of December, A.D. 1995, and shall remain in existence until the absentee government is re-established and fully operational, upon which all records and monies of the same will be transferred and conveyed over to the office of the Minister of Interior, to have and to hold under the authority and jurisdiction of the Hawaiian Kingdom."
Deeds of Trusts authorizing the Hawaiian Kingdom Trust Company to serve as a company acting for and on behalf of the Hawaiian Government further outlined the role of the trust company and the fiduciary duty between the trustees and the beneficiaries. The Deeds of Trust provided, in part, that: "...the grantors, in consideration aforesaid and in order to more effectually carry out the intention of this deed doth hereby grant unto the said trustee, its successors and assigns full power to serve in the place of the absentee government, for the benefit of the same; and in the name of the trust to institute and prosecute to final judgment and execution all suits and actions at law, in equity and in admiralty for any breach or violation of Hawaiian law, at the expense of the grantors; and the same to defend if brought against the said grantors by any pretended proprietor or foreign government; and to refer any matter in dispute to arbitration and the same to settle and compromise; and to do all acts in the management of the affairs of said parties as if it were the absentee government in the capacity aforementioned."
Grantors of the Deeds of Trust to the Hawaiian Kingdom Trust Company, a general partnership, also paid the trust back taxes, which are explained as follows: "And the grantors, to show their good faith as native Hawaiian subjects, agree to pay into the trust the sum of one-hundred and three dollars ($103.00), which shall serve as payment of all back taxes owed to the Hawaiian Kingdom government, to be computed at a rate of a dollar and love for each and every year the grantors and their families have been absent from the kingdom since the year of 1893; and the same agrees to adhere to all of the internal tax laws of the kingdom, which include an assessment of taxes to be determined on the 1st day of July of each and every year and the collection of the same on the 15th day of December, in accordance to the Act of 1882 relating to internal taxes, Compiled Laws of the Hawaiian Kingdom, p. 117, to be paid into the trust account."
The Trustees of the Hawaiian Kingdom Trust Company were not only competent to serve as the Acting Cabinet Council, but also possessed a fiduciary duty toward its beneficiaries to serve in the capacity of the Hawaiian Kingdom Government, until the Government is re-established in accordance with the terms of the 1864 Constitution. The Deeds of Trust also provided the following proviso: "It is also agreed that as soon as the absentee government is lawfully re-established and is fully operational, the company will transfer by deed all rights, titles, interests and appurtenances hereinbefore conveyed by the grantors, over to the office of the Minister of Interior, to have and to hold under the authority and jurisdiction of the Hawaiian Kingdom, and that upon this conveyance the trust shall then be terminated."
Trustees of the Hawaiian Kingdom Trust Company, a general partnership, Appoint Acting Regent.
In order to avoid the appearance of impropriety and/or conflict of interest under the 1880 Co-partnership Act, the partners of the Perfect Title Company, reasoned that an Acting Regent, having no interests in either company, must be appointed to serve as representative of the Hawaiian Kingdom Government. This appointment would have to be made by the Trustees of the Hawaiian Kingdom Trust Company since it represented the interests of the Kingdom Government. Therefore, the Trust Company looked to Article XXXI, Chapter XI, Title 3 of the Hawaiian Civil Code, whereby the Acting Regency would be constitutionally authorized to direct the Executive Branch of the Kingdom Government in the formation and execution of the election of the House of Representatives. Subsequently, a "permanent" Regent or Council of Regency could be elected by the Legislative Assembly in accordance with Article 33 of the 1864 Constitution.
In light of the above, the Trustees of the Hawaiian Kingdom Trust Company decided to appoint Mr. David Keanu Sai as Acting Regent to represent the Hawaiian Government in place of the Trust Company, because of his expertise in Hawaiian Kingdom law. It was also agreed upon by the Trustees that Ms. Nai`a-Ulumaimalu will replace Mr. Sai as Trustee of the Trust Company and partner of the Perfect Title Company. Since Mr. Sai was also a Trustee and partner of the two companies, it was decided that Mr. Sai would relinquish his entire interest in both companies to the other Trustee and partner before accepting the Regency appointment. After the other Trustee and partner of the two companies had acquired a complete interest, a redistribution of interest would be conveyed to Ms. Nai`a-Ulumaimalu. Both deeds transferring interests will be signed one day before the date of the actual redistribution, and be duly registered in the Bureau of Conveyances in conformity with section 3 of the 1880 Co-partnership Act. This simultaneous transaction was agreed to in order to maintain the standing of the two partnerships and not have them lapse into sole-proprietorships.
On February 27, 1996, Mr. Sai conveyed by deed all of his one-half (1/2) undivided interest in both companies to Mr. Donald A. Lewis, the other sole partner of the Perfect Title Company and the other sole Trustee of the Hawaiian Kingdom Trust Company, but the deed of transfer was not to take effect until February 28, 1996.
Concurrent and in a simultaneous transaction, on February 27, 1996, Mr. Donald A. Lewis conveyed by deed a one percent (1%) undivided interest in the Hawaiian Kingdom Trust Company and the Perfect Title Company to Ms. Nai`a-Ulumaimalu, but the transfer would not take effect until February 28, 1996. Ms. Nai`a-Ulumaimalu, in effect, became a one percent (1%) Trustee of the Hawaiian Kingdom Trust Company and a one percent (1%) partner of the Perfect Title Company with Mr. Lewis, who retained a ninety-nine percent (99%) interest in both companies.
On March 1, 1996, the Trustees of the Hawaiian Kingdom Trust Company appointed Mr. David Keanu Sai to the Office of Regent, and filed a notice of this appointment with the Bureau of Conveyances. Thereafter, the Hawaiian Kingdom Trust Company resumed its role as a general partnership within the meaning of the 1880 Co-partnership Act, and no longer served as a company acting for and on behalf of the Hawaiian Government.
On May 15, 1996, the Trustees of the Hawaiian Kingdom Trust Company conveyed by deed all of its right, title and interest acquired by thirty-eight (38) Deeds of Trust to the Acting Regent, and stipulated that the Trust Company would be dissolved in accordance with the provisions of its deed of general partnership on June 30, 1996. The transfer and subsequent dissolution, was made in accordance with section 3 of the 1880 Co-partnership Act.
On February 28, 1997, a Proclamation of the Acting Regent of the Hawaiian Kingdom was printed in the March 9, 1997 issue of the Honolulu Sunday Advertiser, which stated, in part, that the: "...Hawaiian Monarchical system of Government is hereby re-established," and the "...Civil Code of the Hawaiian Islands as noted in the Compiled Laws of 1884, together with the session laws of 1884 and 1886 and the Hawaiian Penal Code are in full force. All Hawaiian Laws and Constitutional principles not consistent herewith are void and without effect."
In September of 1999 the Acting Regent had commissioned, according to statute, Peter Umialiloa Sai as Acting Minister of Foreign Affairs, Kau`i P. Goodhue as Acting Minister of Finance, and Gary V. Dubin, Esquire, as Acting Attorney General. On September 10, 1999, it was determined by resolution of the Privy Council: "...that the office of the Minister of Interior shall be resumed by David Keanu Sai, thereby absolving the office of the Regent, pro tempore, and the same to be replaced by the Cabinet Council as a Council of Regency, pro tempore, within the meaning of Article 33 of the Constitution of the Country."
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