Hawaiian Gazette: Patriotic Program for School Observance

In order to counter the prevailing sense of Hawaiian patriotism and love of country that was reported in the San Francisco Call newspaper in 1897, the Territorial government, which was illegally established in the Hawaiian Islands by the United States in 1900, embarked on a plan of institutionalized indoctrination in the public school system. One of the leading newspapers for the insurgents, who were now officials in the territorial government, printed a story on the upcoming plan to indoctrinate the children in its April 3, 1906 edition. The Hawaiian Gazette, reported:

“As a means of inculcating patriotism in the schools, the Board of Education has agreed upon a plan of patriotic observance to be followed in the celebration of notable days in American history, this plan being a composite drawn from the several submitted by teachers in the department for the consideration of the Board. It will be remembered that at the time of the celebration of the birthday of Benjamin Franklin, an agitation was begun looking to a better observance of these notable national days in the schools, as tending to inculcate patriotism in a school population that needed that kind of teaching, perhaps, more than the mainland children do—although patriotism is inculcated in the schools there also.”

“The matter was taken up by the school department, at once, and the teachers were asked to submit their views upon it. The result is embodied in the “patriotic program” printed herewith, which represents the best educational thought of the Territory. The program follows, and will be sent out officially in pamphlet form as a guide to teachers in the observance of national holidays in the schools:”

To view the entire article click “Patriotic Program for School Observance.”

According to the U.S. Library of Congress website Chronicling America, “The Hawaiian Gazette was a fervent advocate of the sugar industry and other American economic interests in Hawai‘i. Early on, these interests were in line with those of the Hawaiian monarchy; as such, the Hawaiian Gazette became the official newspaper of the Kingdom in 1865 under King Kamehameha V and was published by James H. Black and the Hawaiian government until 1873. In the mid-1870s, the paper turned decidedly anti-monarchy when the views of King Kalākaua and those of the local oligarchy—a powerful contingent of pro-American, pro-annexation sugar interests—began to diverge. The Hawaiian Gazette attacked Kalākaua’s government for what it regarded as wasteful spending on the King’s coronation ceremony and efforts to revive public performances of Hawaiian chanting and hula. It avidly supported the call for a new government, which was achieved in 1887 when the Bayonet Constitution effectively stripped the king of his power and secured the oligarchy’s political authority. At that time, the Hawaiian Gazette resumed its place as one of the government’s biggest advocates; indeed, several high-ranking members of the oligarchy, including William R. Castle and Sanford B. Dole, would oversee the newspaper in years to come. In January 1893, the paper was among several that refused to print Queen Liliu‘okalani’s protest against the overthrow of the Hawaiian monarchy and painted her efforts to reestablish the Kingdom’s authority as illegal and counterrevolutionary. Following the Queen’s overthrow on January 17, 1893, the Hawaiian Gazette published the proclamation and orders of the new Provisional Government and began referring to Liliu‘okalani as Hawai‘i’s ‘ex-Queen.’ Two weeks later, the paper asserted that it, together with the Pacific Commercial Advertiser , ‘contained the only true and extended account of the late revolution’ and encouraged readers to sign the Provisional Government’s loyalty oath.”

The San Francisco Call: Strangling Hands Upon a Nation’s Throat


Miriam_MichelsonIn the September 30, 1897 publication of the San Francisco Call newspaper, an article was published and authored by Miriam Michelson who was an American journalist and writer. The article was written as Michelson was leaving Honolulu harbor on board the Steamship Australia heading to San Francisco. Michelson was sent to the Hawaiian Islands to do a story on annexation. Her story centers on a signature petition against annexation being gathered throughout the islands by the Hawaiian Patriotic League (Hui Aloha ‘Aina) and she bears witness to one of those meetings in the city of Hilo on the Island of Hawai‘i.

It is a powerful article that speaks to the issue of annexation from the Hawaiian perspective and the article’s title clearly speaks to the veracity of what the reader will read. Not known at the time, however, was whether or not the signature petitions would prevent the United States Senate from ratifying the so-called treaty of Senator_Hoarannexation. Before the Senate convened in December of 1897, officers of the Hawaiian Patriotic League and the Hawaiian Political Association traveled to Washington, D.C. and met with Senator George Hoar of Massachusetts. Senator Hoar agreed to submit the signature petition onto the record of the Senate when it convened, and by March of 1898, the signature petition successfully killed the treaty as the Senate was unable to garner enough votes for ratification.

Here follows a snippet of the article, which is quite lengthy, but you can read it in its entirety by going to this link and downloading the entire article in PDF format. “Strangling Hands Upon A Nations Throat


The strongest memory I have of the islands is connected with the hall of the Salvation Army at Hilo, on the Island of Hawaii. It’s a crude little place, which holds about 300 people, I should think. The rough, uncovered rafters show above, and the bare walls are relieved only by Scriptural admonitions in English and Hawaiian:

“Boast not thyself of to-morrow.” “Without Christ there is no salvation.”

As I entered, the bell on the foreign church, up on one of the beautiful Hilo hills, was striking ten. The place was packed with natives, and outside stood a patient crowd unable to enter. It was a women’s meeting, but there were many men present. The women were dressed in Mother Hubbards of calico or cloth and wore sailor hats—white or black. The men were in coats and trousers of American make.

Presently the crowd parted and two women walked in, both very tall, dressed in handsome free-flowing trained gowns of black crepe-braided in black. They wore black kid gloves and large hats of black straw with black feathers. The taller of the two—a very queen in dignity and repose—wore nodding red roses in her hat, and about her neck and falling to the waist a long, thick necklace of closely strung, deep-red, coral-like flowers, with delicate ferns interspersed.

This was Mrs. Kuaihelani Campbell, the president of the Women’s Hawaiian Patriotic League. Her companion was the secretary of the branch in Hilo.

It was almost pitiful to note the reception of these two leaders—the dumb, almost adoring fondness in the women’s eyes; the absorbed, close interest in the men’s dark heavy faces.

After the enthusiasm had subsided the minister of the Hawaiian church arose. He is tall, blonde, fair faced, three-quarters white, as they say here. Clasping his hands in front and looking down over the bowed dark heads before him he made the short opening prayer. He held himself well, his sentences were short and his manner was simple.

There is something wonderfully effective in earnest prayer delivered in an ancient language with which one is unfamiliar. One hears not words, but tones. His feelings, not his reason, are appealed to. Freed of the limiting effects of stereotyped phrases the imagination supplies the sense. Like the Hebrew and the Latin the Hawaiian tongue seems to touch the primitive sources of one’s nature, to strip away the complicated armor with which civilization and worldliness have clothed us and to leave the emotions bare for that wonderful instrument, a man’s deep voice, to play upon.

The minister closed and a deep murmuring “Amen” from the people followed.

I watched Mrs. Emma Nawahi curiously as she rose to address the people. I have never heard two women talk in public in quite the same way. Would this Hawaiian woman be embarrassed or timid, or self-conscious or assertive?

Not any of these. Her manner had the simple directness that made Charlotte Perkins Stetson, two years ago, the most interesting speaker of the Woman’s Congress. But Mrs. Stetson’s pose is the most artistic of poses—a pretense of simplicity. This Hawaiian woman’s thoughts were of her subject, not of herself. There was an interesting impersonality about her delivery that kept my eyes fastened upon her while the interpreter at my side whispered his translation in short, detached phrases, hesitating now and then for a word, sometimes completing the thought with a gesture.

Emma_Nawahi“We are weak people, we Hawaiians, and have no power unless we stand together,” read Mrs. Nawahi, frequently raising her eyes from her paper and at times altogether forgetting it.

“The United States is just—a land of liberty. The people there are the friends, the great friends of the weak. Let us tell them—let us show them that as they love their country and would suffer much before giving it up, so do we love our country, our Hawaii, and pray that they do not take it from us.”

“Our one hope is in standing firm—shoulder to shoulder, heart to heart. The voice of the people is the voice of God. Surely that great country across the ocean must hear our cry. By uniting our voices the sound will be carried on so they must hear us.”

“In this petition, which we offer for your signature to-day, you, women of Hawaii, have a chance to speak your mind. The men’s petition will be sent on by the men’s club as soon as the loyal men of Honolulu have signed it. There is nothing underhand, nothing deceitful in our way—our only way—of fighting. Everybody may see and may know of our petition. We have nothing to conceal. We have right on our side. This land is ours—our Hawaii. Say, shall we lose our nationality? Shall we be annexed to the United States? Aole loa. Aole loa.”

It didn’t require the interpreter’s word to make me understand the response. One could read negation, determination in every intent, dark face.

“Never!’ they say,” the man beside me muttered. “Never! they say. ‘No! No!’ they say-”

But the presiding officer, a woman, was introducing Mrs. Campbell to the people. Her large mouth parted in a pleased smile as the men and women stamped and shouted. She spoke only a few words, good-naturedly, hopefully. Once its seemed as though she were talking them all in her confidence, so sincere and soft was her voice as she leaned forward.

Kuaihelani_Campbell“Stand firm, my friends. Love of country means more to you and to me than anything else. Be brave; be strong. Have courage and patience. Our time will come. Sign this petition—those of you who love Hawaii. How many—how many will sign?”

She held up a gloved hand as she spoke, and in a moment the palms of hundreds of hands were turned toward her.

They were eloquent, those deep lined, broad, dark hands, with their short fingers and worn nails. They told of poverty, of work, of contact with the soil they claim. The woman who presided had said a few words to the people, when all at once I saw a thousand curious eyes turned upon me.

“What is it?” I asked the interpreter. “What did she say?”

He laughed. “‘A reporter is here,’ she says. She says to the people, ‘Tell how you feel. Then the Americans will know. Then they may listen.’”

A remarkable scene followed. One by one men and women rose and in a sentence or two in the rolling, broad voweled Hawaiian made a fervent profession of faith.


“My feeling,” declared a tall, broad-shouldered man, whose dark eyes were alight with enthusiasm. “This is my feeling: I love my country and I want to be independent—now and forever.”

“And my feeling is the same,” cried a stout, bold-faced woman, rising in the middle of the hall. “I love this land. I don’t want to be annexed.”

“This birthplace of mine I love as the American loves his. Would he wish to be annexed to another, greater land?”

“I am strongly opposed to annexation. How dare the people of the United States rob a people of their independence?”

“I want the American Government to do justice. America helped to dethrone Liliuokalani. She must be restored. Never shall we consent to annexation!”

“My father is American; my mother is pure Hawaiian. It is my mother’s land I love. The American nation has been unjust. How could we ever love America?”

“Let them see their injustice and restore the monarchy!” cried an old, old woman, whose dark face framed in its white hair was working pathetically.

“If the great nations would be fair they would not take away our country. Never will I consent to annexation!”

“Tell America I don’t want annexation. I want my Queen,” said the gentle voice of a woman.

“That speaker is such a good woman,” murmured the interpreter. “A good Christian, honest, kind and charitable.”

“I’m against annexation—myself and all my family.”

“I speak for those behind me,” shouted a voice from far in the rear. “They cannot come in—they cannot speak. They tell me to say, ‘No annexation. Never.’”

I am Kauhi of Kalaoa. We call it Middle Hilo. Our club has 300 members. They have sent me here. We are all opposed to annexation—all—all!”

He was a young man. His open coat showed his loose dark shirt; his muscular body swayed with excitement. He wore boots that came above his knees. There was a large white handkerchief knotted about his brown throat, and his fine head, with its intelligent eyes, rose from his shoulders with a grace that would have been deerlike were it not for its splendid strength.

“I love my country and oppose annexation,” said a heavy-set, gray-haired man with a good, clear profile. “We look to America as our friend. Let her not be our enemy!”

“Hekipi, a delegate from Molokai to the league, writes: ‘I honestly assert that the great majority of Hawaiians on Molokai are opposed to annexation. They fear that if they become annexed to the United States they will lose their lands. The foreigners will reap all the benefit and the Hawaiians will be placed in a worse position than they are to-day.”

“I am a mail carrier. Come with me to my district.” A man who was sitting in the first row rose and stretched out an appealing hand. “Come to my district. I will show you 2000 Hawaiians against annexation.”

“I stand—we all stand to testify to our love of our country. No flag but the Hawaiian flag. Never the American!”

There was cheering at this, and the heavy, sober, brown faces were all aglow with excited interest.

I sat and watched and listened.

At Honolulu I had asked a prominent white man to give me some idea of the native Hawaiian’s character.

“They won’t resent anything,” he said, contemptuously. “They haven’t a grain of ambition. They can’t feel even envy. They care for nothing but easy and extremely simple living. They have no perseverance, no backbone. They’re unfit.”

Yet surely here was no evidence of apathy, of stupid forbearance, of characterless cringing.

These men and women rose quickly one after another, one interrupting the other at times, and then standing expectantly waiting his turn—too simple, too sincere, it seemed to me, to feel self-conscious or to study for a moment about the manner of his speech, so vital was the matter delivered.

They stood as all other Hawaiians stand—with straight shoulders splendidly thrown back and head proudly poised. Some held their roughened, patient hands clasped, some bent and looked toward me, as though I were a sort of magical human telephone and phonograph combined.

I might misunderstand a word or two of the interpreted message, but there was no mistaking those earnest, brown faces and beseeched dark eyes, which seemed to try to bridge the distance my ignorance of their language and their slight acquaintance with mine created between us.

I verily believe that even the most virulent of annexationists would have thought these Hawaiians human; almost worthy of consideration.

The people rose now and sang the majestic Hawaiian National Hymn. It was sung fervently, a full, deep chorus of hundreds of voices. The music is beautifully characteristic, with its strong, deep bass chords to which the women’s plaintive, uncultivated voices answer. Then there was a benediction, and the people passed out into the muddy street.


Hawai‘i War Crimes: Willfully Depriving a Protected Person of a Fair Trial

War crimes are actions taken by individuals, whether military or civilian, that violates international humanitarian law, which includes the 1907 Hague Conventions, 1949 Geneva Conventions and the Additional Protocols to the Geneva Conventions. War crimes include “grave breaches” of the 1949 Fourth Geneva Convention, which also applies to territory that is occupied even if the occupation takes place without resistance. Protected persons under International Humanitarian Law are all nationals who reside within an occupied State, except for the nationals of the Occupying Power. The International Criminal Court and States prosecute individuals for war crimes.

War Crimes: Willfully depriving a protected person of the rights of fair and regular trial

Since January 17, 1893, there have been no lawfully constituted courts in the Hawaiian Islands whether Hawaiian Kingdom courts or military commissions established by order of the Commander of the United States Pacific Command in conformity with the 1907 Hague Convention, IV, the 1949 Geneva Convention, IV, and the international laws of occupation.

The Federal courts and State of Hawai‘i courts in the Hawaiian Islands derive their authority from the Hawai‘i Statehood Act, which is a statute enacted by the United States Congress in 1959. Section 9 states that “the United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall henceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States;” and Section 12 provides that “State courts shall be the successors of the courts of the Territory [of Hawai‘i] as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed.”

The United States Constitution and Congressional laws have no legal effect beyond the borders of the United States. According to the United States Supreme Court in U.S. v. Curtiss-Wright Export Corp., 299 U.S. 304, 318 (1936), “Neither the Constitution nor the laws passed in pursuance of it have any force in foreign territory unless in respect of our own citizens, and operations of the nation in such territory must be governed by treaties, international understandings and compacts, and the principles of international law. As a member of the family of nations, the right and power of the United States in that field are equal to the right and power of the other members of the international family.” Without a treaty of cession, these Courts cannot claim to have any authority in the territory of a foreign State, and, therefore, they are not properly constituted to give defendant(s) a fair and regular trial whether in civil or criminal proceedings.

International law also provides limitations to the exercise of jurisdiction. The sovereignty of an independent state is territorial and international law provides for its restrictions and exceptions. In The Lotus case, the Permanent Court of International Justice stated, “Now the first and foremost restriction imposed by international law upon a State is that—failing the existence of a permissive rule to the contrary—it may not exercise its power in any form in the territory of another State. In this sense jurisdiction is certainly territorial; it cannot be exercised by a State outside its territory except by virtue of a permissive rule derived from international custom or from convention (treaty).” The Court continued, “In these circumstances, all that can be required of a State is that it should not overstep the limits which international law places upon its jurisdiction; within these limits, its title to exercise jurisdiction rests in its sovereignty.”

In 2006, the United States Supreme Court addressed the issue of whether or not the military courts at Guantanamo Bay were lawfully established. The case was Hamdan v. Rumsfeld, 548 U.S. 557. The Court relied on the International Committee of the Red Cross that defines a “regularly constituted court” as a court “established and organized in accordance with the laws and procedures already in force in a country.” Article 3 of the 1949 Geneva Convention, IV, prohibits “the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.” The Federal courts and State of Hawai‘i courts were not established “in accordance with the laws and procedures” of the Hawaiian Kingdom nor was it regularly constituted under the international laws of occupation, and therefore was not “regularly constituted” under any of the above standards.

Only a “regularly constituted court” may pass judgment, and when a court is not “regularly constituted,” the proceedings that would lead to a judgment imposed by it would not only be extrajudicial, but would also constitute a war crime.  Enforcements of these judgments would also constitute war crimes because the judgments themselves are unlawful. In Hamdan, Justice Kennedy concluded that a court that is not regularly constituted could not provide any guarantees of a fair trial.

In a civil case hearing that came before Judge Glenn S. Hara, Wells Fargo Bank, N.A., vs. Elaine E. Kawasaki, et al., civil no. 11-1-106, in the Circuit Court of the Third Circuit, State of Hawai‘i, on June 15, 2012, Mr. Kaiama, Esq., provided special appearance for Defendant Elaine E. Kawasaki on a motion to dismiss for lack of subject matter jurisdiction based on two executive agreements entered into between U.S. President Grover Cleveland and the Hawaiian Kingdom’s Queen Lili‘uokalani in 1893. The transcripts of the case fully layout the argument presented by Kaiama.

After arguing the merits of the case, Kaiama states, “I have now been arguing, Your Honor, this motion before judges of the courts of the circuit court and district court throughout the State of Hawai‘i, and nearly—and probably over 20 times, and in not one instance has the plaintiff in the cases challenged the merits of the executive agreement or that the executive agreements have been terminated. Because we believe, respectfully, again, Your Honor, they cannot.” He continues to argue that “it’s irrefutable that these are executive agreements and preempts state law, …which is the state statute that plaintiff relies on in their complaint seeking to confer jurisdiction upon that court,” and “once we have met our burden [of proof], the court cannot have no other, we believe, no other recourse but to dismiss the complaint.” Unable to deny the evidence, Judge Hara replies, “what you’re asking the court to do is commit suicide, because once I adopt your argument, I have no jurisdiction over anything. Not only these kinds of cases…, but jurisdiction of the courts evaporate. All of the courts across the state from the supreme court down, and we have no judiciary. I can’t do that.”

Two issues resonate from Judge Hara’s statement: first, he’s admitting to the veracity of the evidence; and, secondly, he knowingly and deliberately denied the Defendant, Ms. Elaine Kawasaki, and fair and regular trial, and allowed the Plaintiff, Wells Fargo Bank, to proceed to unlawfully seize upon her home. Unfair trials can lead to other crimes under the Court’s jurisdiction that include appropriation of property, both real and personal, which is also called pillaging, and unlawful confinement.

Kawasaki provided notice to Wells Fargo Bank of a defect in her fee-simple title as a result of the 1893 overthrow of the Hawaiian government, and for Wells Fargo Bank to file an insurance claim with the title insurance company in order to pay off the debt owed. Kawasaki was required by the lender to purchase a lender’s title insurance policy at escrow to protect the lender and have the debt paid off if there exists a defect in the title, which would render the mortgage invalid. A foreclosure process is directly tied to a valid mortgage, and if the mortgage is invalid there can be no foreclosure. Wells Fargo Bank disregarded Kawasaki’s notice and proceeded with the foreclosure in a court that was not regularly constituted.

Hawai‘i War Crimes: Compulsion to Serve in the Occupier’s Military

War crimes are actions taken by individuals, whether military or civilian, that violates international humanitarian law, which includes the 1907 Hague Conventions, 1949 Geneva Conventions and the Additional Protocols to the Geneva Conventions. War crimes include “grave breaches” of the 1949 Fourth Geneva Convention, which also applies to territory that is occupied even if the occupation takes place without resistance. Protected persons under International Humanitarian Law are all nationals who reside within an occupied State, except for the nationals of the Occupying Power. The International Criminal Court and States prosecute individuals for war crimes.

War Crimes: Compelling a protected person to serve in the forces of an Occupying Power

US Recruiting PosterThe United States Selective Service System is an agency of the United States government that maintains information on those potentially subject to military conscription. Under the Military Selective Service Act, “it shall be the duty of every male citizen of the United States, and every other male person residing in the United States, who, on the day or days fixed for the first or any subsequent registration, is between the ages of eighteen and twenty-six, to present himself for and submit to registration at such time or times and place or places, and in such manner, as shall be determined by proclamation of the President and by rules and regulations prescribed hereunder.”

Conscription of the inhabitants of the Hawaiian Islands unlawfully inducted into the United States Armed Forces through the Selective Service System occurred since the First World War to the Vietnam War. The 1907 Hague Convention, V, “Respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land,” also prohibits the Occupying Power from establishing recruiting stations on the territory of a neutral Occupied State (Article 4).

There were 4,336 residents of the Hawaiian Islands drafted in the United States military during the First World War (September 1917-November 1918) and 32,197 of Hawai‘i’s residents drafted during the Second World War (November 1940-October 1946). There are no statistics available as to the number of Hawai‘i’s residents drafted during the Korean War (June 1950-June 1953) and the Vietnam War (August 1964-February 1973), but there were over 25,000 of Hawai‘i’s residents who served during the Korean War and 13,000 of Hawai‘i’s residents who served during the Vietnam War.

Although induction into the United States Armed Forces has not taken place since February 1973, the requirements to have residents of the Hawaiian Islands who reach the age of 18 to register with the Selective Service System for possible induction is unlawful and therefore war crimes are still being committed. The Selective Service System in the Hawaiian Islands is headquartered on the Island of O’ahu.

Hawai‘i War Crimes: Extensive Appropriation of Property

War crimes are actions taken by individuals, whether military or civilian, that violates international humanitarian law, which includes the 1907 Hague Conventions, 1949 Geneva Conventions and the Additional Protocols to the Geneva Conventions. War crimes include “grave breaches” of the 1949 Fourth Geneva Convention, which also applies to territory that is occupied even if the occupation takes place without resistance. Protected persons under International Humanitarian Law are all nationals who reside within an occupied State, except for the nationals of the Occupying Power. The International Criminal Court and States prosecute individuals for war crimes.

War Crime: Extensive appropriation of property, not justified by military necessity and carried out unlawfully and wantonly

Between 2002 and 2012, the United States Internal Revenue Service, hereinafter “IRS,” illegally appropriated $74.8 million dollars from the residents of the Hawaiian Islands. During this same period, the government of the State of Hawai‘i additionally appropriated $2.2 billion dollars illegally. The IRS is an agency of the United States of America and cannot appropriate money from the inhabitants of an occupied State without violating international law. The State of Hawai‘i is a political subdivision of the United States of America established by an Act of Congress in 1959 and as an entity without any extraterritorial effect, it couldn’t appropriate money from the inhabitants of an occupied State without violating the international laws of occupation.

According to the laws of the Hawaiian Kingdom, taxes upon the inhabitants of the Hawaiian Islands include: an annual poll tax of $1 dollar to be paid by every male inhabitant between the ages of seventeen and sixty years; an annual tax of $2 dollars for the support of public schools to be paid by every male inhabitant between the ages of twenty and sixty years; an annual tax of $1 dollar for every dog owned; an annual road tax of $2 dollars to be paid by every male inhabitant between the ages of seventeen and fifty; and an annual tax of ¾ of 1% upon the value of both real and personal property.

The Merchant Marine ActJune 5, 1920 (41 U.S. Stat. 988), hereinafter referred to as the Jones Actis a restraint of trade and commerce in violation of international law and treaties between the Hawaiian Kingdom and other foreign States. According to the Jones Act, all goods, which includes tourists on cruise ships, whether originating from Hawai‘i or being shipped to Hawai‘i must be shipped on vessels built in the United States that are wholly owned and crewed by United States citizens. And should a foreign flag ship attempt to unload foreign goods and merchandise in the Hawaiian Islands will have to forfeit its cargo to the to the U.S. Government, or an amount equal to the value of the merchandise or cost of transportation from the person transporting the merchandise.

As a result of the Jones Act, there is no free trade in the Hawaiian Islands. 90% of Hawai‘i’s food is imported from the United States, which has created a dependency on outside food. The three major American ship carriers for the Hawaiian Islands are Matson, Horizon Lines, and Pasha Hawai‘i Transport Services, as well as several low cost barge alternatives. Under the Jones Act, these American carriers travel 2,400 miles to ports on the west coast of the United States in order to reload goods and merchandise delivered from Pacific countries on foreign carriers, which would have otherwise come directly to Hawai‘i ports. The cost of fuel and the lack of competition drive up the cost of shipping and contribute to Hawai‘i’s high cost of living. Gas tax is $.47 per gallon as a result of the Jones Act because only American ship carriers can transport oil to the Hawaiian Islands to be converted into gas. And according to the USDA Food Cost, Hawai‘i residents in January 2012 pay an extra $417 per month for food on a thrifty plan than families who are on a thrifty plan in the United States of America.

Appropriating monies directly through taxation and appropriating monies indirectly as a result of the Jones Act to benefit American ship carriers and businesses is unlawful and therefore are international crimes.

Na Lula Halawai: A Parliamentary Guide to Conducting Meetings in Hawaiian

Rules of Order Cover

For more information visit Hawai‘i State Association of Parliamentarians

Excerpts from Na Lula Halawai.

“It is a sad reality of Hawaiian history that the language of the aboriginal people of the Hawaiian Kingdom was nearly lost in the 20th century as a result of efforts of U.S. forces in the Kingdom at the turn of the century to enforce an agenda of ‘one nation, one language’ in favor of the United States and the English language despite the lack of a bilateral treaty of cession between two sovereign states. A great debt of gratitude is owed to those who, nevertheless, labored to publish Hawaiian language literature and government documents throughout the 19th and early 20th centuries for future generations. This preservation effort has blossomed in recent decades as more and more cultural and educational organizations have been established to support and encourage what has become known since the 1970s as the ‘Hawaiian Renaissance,’ a concerted effort to reinvigorate studies in Hawaiian culture, art, history, language, and governance.” p. iii.

“Like Robert’s Rules, this book is also intended for non-legislative groups and organizations. And, Henry M. Robert adapted his rules manual of those in use by legislative assemblies at the time, this manual is based on and adapted from the Rules of Order once used in the early Hawaiian legislatures. The oldest known such pamphlets, published in both Hawaiian and English, date back to 1854 and were intended for use in the House of Nobles (Hale ‘Aha ‘olelo Ali‘i) and House of Representatives (Hale o ka Po‘e Koho ‘ia), both of which are included in the Appendix for reference. These early pamphlets are treasures of Hawaiian history and often bear amazing resemblance to Robert’s Rules, which is no surprise since it seems clear that the early Hawaiian legislative rules were themselves adapted from US models familiar to the early Western advisors to the Hawaiian monarchy. Subsequent legislatures in Hawai‘i revised their rules throughout the Kingdom period and as late at 1909 in the Territory. These and various early legislative journals and minutes have been drawn upon and adapted by the authors to establish acceptable terminology and grammar for current use.” p. 1.

Rules of Order Back

Hawaiian Nationality: Who Comprises the Hawaiian citizenry

The European Convention on Nationality defines nationality as the legal bond between a person and a State and does not indicate the person’s ethnic origin. It is a person owing loyalty to and entitled by birth or naturalization to the protection of a given State. The terms nationality and citizenship are synonymous, and affords a person the political right to participate in government. Without it, a person is prevented from electing governmental officials or serving as a government official themselves. A political right is distinctly different from a civil right, which are basic human rights protected by the constitution and laws of the State, irregardless of a person’s citizenship. Non-citizens residing in the State are categorized as Aliens or Foreigners.

There are three ways a person could acquire citizenship within an established State depending on its national laws: (1) jus sanguinis, where a person acquires the citizenship of his or her parents; (2) jus soli, where the nationality is conferred upon a person by birth within the territory of the State; and (3) naturalization, where the government grants citizenship upon the application of a foreigner.

Ferdinand_William_HutchisonOn January 21, 1868, the Minister of the Interior for the Hawaiian Kingdom, His Excellency Ferdinand Hutchison, stated the criteria for Hawaiian nationality: “In the judgment of His Majesty’s Government, no one acquires citizenship in this Kingdom unless he is born here, or born abroad of Hawaiian parents, (either native or naturalized) during their temporary absence from the kingdom, or unless having been the subject of another power, he becomes a subject of this kingdom by taking the oath of allegiance.”

The position of His Majesty’s Government was founded upon Hawaiian statute. Section III, Art. I, Chap. V of an Act to Organize the Executive Departments, 1845 and 1846, provided that: “All persons born within the jurisdiction of this kingdom, whether of alien foreigners, of naturalized or of native parents, and all persons born abroad of a parent native of this kingdom, and afterwards coming to reside in this, shall be deemed to owe native allegiance to His Majesty. All such persons shall be amenable to the laws of this kingdom as native subjects. All persons born abroad of foreign parents, shall unless duly naturalized, as in this article prescribed, be deemed aliens, and treated as such, pursuant to the laws.”

There are two exceptions where birth within the territory does not result in citizenship. First, where a child is born within the territory, but the child’s parents are foreign ambassadors or diplomats, that child is not a citizen of the territory of birth; and second, where a child is born of Alien enemies in an area of the territory under hostile occupation, that child will not be a citizen.

Regarding children of foreign diplomats, Frederick Turrill was an American citizen born in the Hawaiian Islands, but later got naturalized on May 21, 1888; and E.H. Wodehouse was a British subject born in the islands and later naturalized on May 7, 1892. The second exception applies to belligerent occupations.

There are numerous references to “children born of alien enemies in hostile occupation,” and one such reference is a U.S. Supreme Court decision. In the same year the United States began its hostile occupation of Hawaii in 1898 during the Spanish-American War, its Supreme Court rendered a decision concerning the United States citizenship of Wong Kim Ark, a person of Chinese descent. In that decision it also expounded upon the two exceptions to the acquisition of citizenship by birth as determined by the common law of England and made reference to an English case, Calvin’s case, which was decided by the English Court in the year 1608. Although the Hawaiian Kingdom courts have stated that the common law is not in force in this Kingdom, it did state that “…in construing our law the Court must be guided by those enactments and the decisions of American and English Courts.” In re Apuna, 6 Haw. 732 (1869).

In United States vs. Wong Kim Ark (1898), the U.S. Supreme Court ruled, “The fundamental principle of the common law with regard to English nationality was birth within the allegiance, also called ‘ligealty,’ ‘obedience,’ ‘faith’ or ‘power,’ of the King. The principle embraced all persons born within the King’s allegiance and subject to his protection. Such allegiance and protection were mutual—as expressed in the maxim, protectio trahit subjectionem, et subjectio protectionem—and were not restricted to natural-born subjects and naturalized subjects, or to those who had taken an oath of allegiance; but were predicable of aliens in amity, so long as they were within the kingdom. Children, born in England, of such aliens, were therefore naturalborn subjects. but the children, born within the realm, of foreign ambassadors, or the children of alien enemies, born during and within their hostile occupation of part of the King’s dominions, were not natural born subjects, because not born within the allegiance, the obedience, or the power, or, as would be said at this day, within the jurisdiction of the King.”

In the Calvin’s case (1608), the English Court stated: “…for if enemies should come into the realm, and possess town or fort, and have issue there, that issue is no subject of the King of England though he be born upon his soil;” and “if any of the King’s ambassadors in foreign nations have children…they are natural born subjects [of England], yet they are born out of the King’s dominion.”

Once a State is occupied, international law preserves the status quo of the occupied State as it was before the occupation began. To preserve the nationality of the occupied State from being manipulated by the occupying State to its advantage, international law only allows individuals born within the territory of the occupied State to acquire the nationality of their parents—jus sanguinis. To preserve the status quo, Article 49 of the Fourth Geneva Convention mandates that the “Occupying Power shall not…transfer parts of its own civilian population into the territory it occupies.” For individuals, who were born within Hawaiian territory, to be a Hawaiian subjects they must be a direct descendant of a person or persons who were Hawaiian subjects prior to the American occupation that began at 12 noon on August 12, 1898, which was when ceremonies took place by the United States annexing the islands. All other individuals born after 12 noon on August 12, 1898 to the present are Aliens who can only acquire the nationality of their parents.

According to the 1890 government census, Hawaiian subjects numbered 48,107, with the aboriginal Hawaiian, both pure and part, numbering 40,622, being 84% of the national population, and the non-aboriginal Hawaiians numbering 7,485, being 16%. Despite the massive and illegal migrations of foreigners to the Hawaiian Islands since 1898, which, according to the State of Hawai‘i numbers 1,302,939 in 2009, the status quo of the national population of the Hawaiian Kingdom is maintained. Therefore, under the international laws of occupation, the aboriginal Hawaiian population of 322,812 in 2009 would continue to be 84% of the Hawaiian national population, and the non-aboriginal Hawaiian population of 61,488 would continue to be 16%. The balance of the population in 2009, being 918,639, are Aliens who were illegally transferred, either directly or indirectly, by the United States of America as the occupying Power.

Similar to the Hawaiian Kingdom, the Baltic States of Estonia, Latvia and Lithuania were occupied by the Russians for over half a century. In 1940, Russian intervention provided for the forced incorporation of these Baltic States into the U.S.S.R. In 1991, with the breakup of the Soviet Union, these Baltic States once again regained their independence and immediately had to deal with the pressing issue of citizenship in the aftermath of prolonged Russian occupation.

Roger Brubaker, author of the article Citizenship struggles in Soviet Successor States (1992), stated that Estonia adopted a model for defining the initial body of citizens as the restored State model. States who regained their former independence are called restored States, and as these States are not new there would be no need to redefine a new body of citizens, but rather utilize the laws that existed before the occupation to determine the citizenry.

Under this model, persons born in Estonia before the 1940 annexation and their descendants were recognized as having Estonian citizenship. This also included United States citizens who were the offspring of Estonians. Regarding the citizenry of the occupier, the Estonian government also applied the same view the 1898 U.S. Supreme Court had made in U.S. vs. Wong Kim Ark. It viewed all Russians who entered the country after the occupation in 1940, and their descendants, as illegal and could not claim Estonian citizenship. But if a Russian was born in Estonia before the occupation that person acquired citizenship. Latvia also adopted the restored State model. Therefore, it can be stated as a matter of law and based on contemporary examples, that the Hawaiian citizenry of today is comprised of descendants of Hawaiian subjects and those foreigners who were born in the Hawaiian Islands prior to August 12, 1898.

This exclusion of the Hawaiian citizenry is based upon precedence and law, but a restored Hawaiian government does have the authority to widen the scope of its citizenry and adopt a more inclusive model in the aftermath of prolonged American occupation. Brubaker stated that Lithuania adopted such a model. Under the inclusive model, the original citizenry of Lithuania was confirmed under the restored State model, but the foreigners, which included the Russians, were divided into two groups. The first group comprised of permanent residents who would be granted optional inclusion in the Lithuanian citizenry, while the second would be classified as aliens. The optional inclusion of the first group depended upon these residents meeting certain minimum requirements established by the Lithuanian government. (i.e. years of residency and/or language).

Addition: The first occupation by the United States of America took place from January 17, 1893 to April 1, 1893, which, according to international law, any child born between these dates can only acquire the citizenship of their parents. International law provides that an occupation begins when foreign troops are in effective control of an invaded State’s territory and not merely present within the territory. Although the U.S. troops were landed on January 16, 1893, it did not have effective control until Queen Lili‘uokalani temporarily yielded her executive power to the United States, which called for a Presidential investigation. Before Special Commissioner James Blount initiated his investigation he ordered the U.S. flag to be removed and ordered the troops back on to the U.S.S. Boston that was anchored in Honolulu harbor on April 1, 1893.

Despite over a century of illegal migration that exploded the Alien population from 41,873 in 1890, of which U.S. citizens merely number 1,928, to 918,639 in 2009, the population of Hawaiian subjects has remained intact with its ratio of 84% aboriginal Hawaiians and 16% non-aboriginal Hawaiians. This should alleviate the concern of aboriginal Hawaiian subjects who previously thought they were the minority, when in fact and law they remain the majority. Only Hawaiian subjects, whether aboriginal or non-aboriginal, have political rights, which means they alone can participate in government.

Patriot’s Song (Mele Aloha ‘Aina)

After the illegal overthrow of the Hawaiian government on January 17, 1893, the insurgency under the protection of U.S. troops began to force individuals in government to sign oaths of support for the provisional government. If they refused, they would lose their jobs.


This created much anxiety amongst the population and soon pit Hawaiian against Hawaiian. The majority, however, were heeding the call of Queen Lili‘uokalani to onipa‘a (hold fast) peacefully and await the conclusion of the investigation by President Cleveland who sent his Special Commissioner James Blount to the Islands. In a memorial submitted by the officers of the Hawaiian Patriotic League to President Grover Cleveland on December 27, 1893, they aptly explain:

“And while waiting for the result of [the investigation], with full confidence in the American honor, the Queen requested all her loyal subjects to remain absolutely quiet and passive, and to submit with patience to all the insults that have been since heaped upon both the Queen and the people by the usurping Government. The necessity of this attitude of absolute inactivity on the part of the Hawaiian people was further indorsed and emphasized by Commissioner Blount, so that, if the Hawaiians have held their peace in a manner that will vindicate their character as law-abiding citizens, yet it can not and must not be construed as evidence that they are apathetic or indifferent, or ready to acquiesce in the wrong and bow to the usurpers.”

After negotiating settlement with the Queen through executive mediation between November 16 and December 18, 1893, where an agreement of restoration was reached—called the Agreement of restoration, the Congress prevented President Cleveland from carrying out the executive agreements because it had its eyes on acquiring the Hawaiian Islands as a military outpost.

Cleveland’s failure to carry out the agreement allowed the provisional government to increase its power by hiring mercenaries from the United States who previously served in the U.S. armed forces. On July 4, 1894, the insurgency renamed themselves the Republic of Hawai‘i who would hold onto power at all costs until a new President could replace Cleveland. The insurgency’s goal from the beginning was to cede the Hawaiian Islands to the United States.The insurgency continued to force government officials to sign oaths of support to the so-called Republic.


The Hawaiian Kingdom’s Royal Hawaiian Band refused to take the oath to support the provisional government and were forced to relinquish their jobs on February 1, 1893. The former band members approached Ellen Kekoaohiwaikalani Wright Prendergrast and asked if she could compose a song of their loyalty to the Hawaiian Kingdom and their defiance to the insurgency. Mrs. Prendergrast composed “Mele Aloha ‘Aina,” which is translated to “Patriot’s Song.” Mele Aloha ‘Āina

The song was sung by the former band members at the anniversary of the band’s resignation on February 1, 1894, and according to historian Albtertine Loomis, “One who heard the band boys sing it on the anniversary of their defiance said it had on the Hawaiians the effect of the ‘Marseillaise’ on the French—’exciting and exasperating.’ The hula ku‘i business (stamping, heel-twisting, thigh-slapping, dipping of knees, doubling of fists) almost drowned out the words, but the fierce loyalty was written in every shining face. Over and over they beat out the rhythm, thumping their drums and miming their  scorn of the ‘paper of the enemy,’ of the ‘heap of government money.’ It was a pledge renewed. They had not thought it would be so long before President Cleveland kept his word, but they would wait.”


The Patriot’s Song has endured and it is a well-known song played today throughout the islands. The lyrics are still sung in the Hawaiian language, and for people today who do not know the language they are completely unaware as to the meaning of the song and its fierce loyalty to the Hawaiian Kingdom and Queen Lili‘uokalani. This is especially so because the melody has been drastically softened since the 1950’s, but the lyrics have remained nearly unchanged for over a century.

“Tell the story of the people who love their land.” Aloha ‘Aina.

January 17, 1893, United States Illegally Overthrows Hawaiian Government

LiliuokalaniQueen Lili‘uokalani’s reign was fraught with political power struggles and rumors of overthrow. The 1890 McKinley Tariff Act created an economic depression. On January 14, 1893, the Queen proclaimed her intent to reinstate the lawful constitution in response to calls by the people and political organizations, in particular the Hui Kalai‘aina (Hawaiian Political Association).

In reaction, Lorrin Thurston organized a small groupLorrin_Thurston of insurgents into a Committee of Safety to plan for the ultimate takeover of the government and to secure annexation to the United States. The so-called Committee of Safety sought support from U.S. Minister John L. Stevens on January 16, 1893 to order the landing of U.S. troops to protect the insurgents while they prepared for the annexation of the Hawaiian Islands to the United States by a voluntary treaty of cession.

Sanford_DoleOn January 17th the group declared themselves the Provisional Government with Sanford Dole as its president. Article 31 of the Hawaiian constitution provides, “To the [Queen] belongs the executive power.” Therefore, as the constitutional monarch, the Queen was vested with the faithful execution of Hawaiian law, and it was her duty to ensure that certain insurgents be apprehended by the police forCharles_B_Wilson committing the crime of treason, being a violation of Chapter VI of the Penal Code. However, under threat of war by the presence of U.S. troops who were ordered by the U.S. diplomat Stevens to protect the insurgents, the police force, headed by Marshall Charles Wilson, could not apprehend the insurgents without bloodshed between the police and U.S. troops. Later that day, the Queen made the following assignment of executive power under protest, called the Lili‘uokalani assignment:

I, Lili‘uokalani, 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 have established 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 said Provisional Government.

Now to avoid any 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 representative 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.

Lili‘uokalani, R.

Samuel Parker, Minister of Foreign Affairs.

Wm. H. Cornwell, Minister of Finance.

John. F. Colburn, Minister of the Interior.

A.P. Peterson, Attorney General.

Benjamin_HarrisonIn complete disregard of the Queen’s protest and assignment of executive power, the Provisional Government and Secretary of State James Blaine signed a treaty on February 14, 1893 at Washington, D.C. President Benjamin Harrison submitted the treaty to the United States Senate for ratification in accordance with the U.S. Constitution. The U.S. ClevelandPresidential election already had taken place in 1892, with Grover Cleveland defeating the incumbent Benjamin Harrison. After his inauguration on March 4, 1893, President Cleveland received the Queen’s protest and assignment from Paul Neumann, former Hawaiian Attorney General, who, by a power of attorney, represented the Queen.

BlountOn March 9, 1893, Cleveland withdrew the treaty from the Senate and appointed James H. Blount as Special Commissioner, a former U.S. Representative from Georgia and former Chairman of the House Committee on Foreign Affairs, as special Walter_Greshamcommissioner to investigate and report his findings to Secretary of State Walter Gresham. By accepting the Queen’s temporary assignment of executive power, President Grover Cleveland bound himself and his successors in the office to temporarily administer Hawaiian Kingdom law in accordance with Article 31 of the Hawaiian constitution until the executive power would be returned.

The investigation concluded that the United States diplomat and troops were directly responsible for the illegal overthrow of the Hawaiian government with the ultimate goal of transferring the Hawaiian Islands to the United States. Blount reported that, “in pursuance of a prearranged plan, the Government thus established hastened off commissioners to Washington to make a treaty for the purpose of annexing the Hawaiian Islands to the United States.” The report also detailed United States government actions that violated international laws as well as Hawaiian territorial sovereignty.

Perfect Title Company – Setting the Record Straight

With the recent news coverage by the Honolulu Star Advertiser, Perfect Title Company has again reentered mainstream media in the Hawaiian Islands.The video not only provides an accurate history of the formation of the Perfect Title Company and its deliberate and unlawful demise, but also the practical and profound effect it had on the real estate industry.

Since 1893, conveyances of real property could not take place because of the illegal overthrow of the Hawaiian Kingdom government. That government has not been restored, but instead insurgents who were established through United States intervention on January 17, 1893, were unlawfully maintained in power. A clear break in the chain of title originates since January 17th because the notaries public and the registrar of the Bureau of Conveyances were insurgents and not vested with authority under the Hawaiian Kingdom government.

Title Companies during escrow should have revealed this information to the lenders and buyers, but instead concealed it. Lenders and buyers, however, were protected by title insurance. Before the lender agrees to accept the borrowers property, as collateral to ensure the repayment of the loan, which is called a mortgage, the borrower is required to purchase title insurance in the amount of the money borrowed for the protection of the lender. This requirement is in the event there is a defect in the borrower’s title, which would render the mortgage void, the lender has insurance to cover the remaining amount of the unsecured loan.

Title insurance is an insurance policy that ensures the accuracy of the title search done by a title company. Covered risks in the title insurance policy are defective notaries public and recordation of the deed of conveyance. Title insurance that protects the lender is called a “loan policy,” and for the protection of the homeowner it is called an “owner’s policy.”

All land titles in the Hawaiian Islands are defective.

Hawai‘i Under Consideration to be Included in War Report

war report

Professor Andrew Clapham has notified Dr. Keanu Sai that a team at the Geneva Academy of International Humanitarian Law and Human Rights will be reviewing information on the occupation of the Hawaiian Kingdom for inclusion in the Academy’s War Report. The War Report is a comprehensive global analysis of armed conflicts under international law, which includes military occupations. In 2012, the War Report identified at least 37 armed conflicts, of which 9 are military occupations, on the territory of 24 States for 2012.

The War Report: 2012 was launched on December 10, 2013, which was Human Rights Day, with an interactive panel hosted by journalist Xavier Colin at the Geneva Institute’s Auditorium Pictet. H.E. Ambassador Jürg Lindemann, Deputy Director of the Directorate of International Law at the Swiss Federal Department of Foreign Affairs, made opening remarks. Panelists included Andrew Clapham, Professor at the Graduate Institute and Director of the Geneva Academy, Keith Krause, Professor at the Graduate Institute, and Programme Director of the Small Arms Survey, Julie de Rivero, Geneva Advocacy Director, Human Rights Watch, and H.E. Ambassador Jürg Lindemann.

The War Report is published by Oxford University Press and identifies “armed conflicts” according to international humanitarian law, which includes the 1907 Hague Regulations and the 1949 Geneva Conventions and their 1977 Additional Protocols. Only accused violators in conflicts classified as such can be prosecuted for war crimes. The Fourth Geneva Convention not only applies to “armed conflicts” but also “to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance (Article 2).” The Hawaiian Kingdom acceded to the Fourth Geneva Convention on January 14, 2013, and consequently became a “High Contracting Party.”

“The classification of an armed conflict under international law is an objective legal test and not a decision left to national governments or any international body, not even the UN Security Council,” says Andrew Clapham, Director of the Academy and Graduate Institute Professor in International Law.

“It is not always clear when a situation is an armed conflict, and hence when war crimes can be punished,” added Professor Clapham. “The War Report aims to change this and bring greater accountability for criminal acts perpetuated in armed conflicts.”

The War Report for 2012, the first edition of what will become an annual publication, aims to make this important legal analysis more accessible for governments, policy makers, the United Nations, academics, NGOs, and journalists. Oxford University Press has provided online access to Chapter 1.

Kingdom still in place courts told: Some homeowners fight foreclosure by claiming that the United States is illegally occupying Hawaii

January 13, 2014 Honolulu Star-Advertiser Newspaper Front Page Story by Rob Perez

Star Advertiser (Sai)

Several years after he stopped making his mortgage payments, Kale Guma­pac was evicted from his foreclosed Hawaii island home.

Days before Thanksgiving, sheriff’s deputies escorted a handcuffed Guma­pac — he was arrested on a trespassing charge — from the Hawaiian Paradise Park property he had called home for more than a decade.

Gumapac said he stopped making his $3,000-a-month payments about five years ago because his lender couldn’t produce the original note for his loan, raising questions about who actually had title to the property.

After his mortgage subsequently was acquired by another bank but well before he was evicted in November, Guma­pac switched strategies and embraced a controversial legal argument that has surfaced in a small but growing number of foreclosure cases over the past several years.

He argued that Hawaii courts are unlawfully constituted, dating from the illegal overthrow of the Hawaiian monarchy in 1893. He also maintained that Hawaii land titles have been defective since the overthrow.

Like dozens of other Hawaii residents, Guma­pac made those arguments based on the claim — repeatedly rejected by state and federal judges — that the Hawaiian kingdom still exists and the U.S. is illegally occupying the islands.

Gumapac even has a company that helps homeowners make the same kingdom argument to file defective-title claims.

Many inside and outside the real estate industry scoff at the argument, saying it is preposterous, ignores more than 100 years of history and has been discredited numerous times in the judicial arena.

“Every court that has considered this has found that the argument has no merit whatsoever,” said attorney David Rosen, who represents lenders. “These people are selling a scam.”

Gumapac and other proponents point to the same historical record to justify their position, citing, among other things, an 1893 executive agreement between Queen Liliu­oka­lani and President Grover Cleveland that called for the eventual restoration of the kingdom government. They said the agreement obligated Cleveland’s successors as well.

State and federal judges, however, consistently have rejected the notion that the kingdom still exists or kingdom law still applies in Hawaii. Appellate courts have done the same.

Not even advocates of the kingdom defense can cite a single case in which a homeowner ultimately prevailed.

Yet more homeowners appear to be adopting the legal strategy, according to attorneys and others who deal with such matters.

One recent case involved Office of Hawaiian Affairs Trustee Dan Ahuna, who in a May court filing asked a state judge to dismiss his lender’s foreclosure lawsuit. Ahuna argued that the state court lacked jurisdiction because the kingdom still exists.

In September the court rejected Ahuna’s argument. Since then he and his wife have had their loan modified through the U.S. government’s foreclosure prevention program, according to Ahuna, who said financial difficulties, not personal beliefs, prevented them from making their mortgage payments when the 2008 foreclosure complaint was filed.

“I simply underestimated the scale and complexity of using this particular legal argument to improve my ability to avoid foreclosure,” Ahuna said in a written response to the Hono­lulu Star-Advertiser, emphasizing that he was speaking as an individual and not as an OHA trustee.

Dexter Kaiama, a Kai­lua lawyer, says that over the past three years he has taken on more than 150 clients whose underlying defense questions the validity of local courts. The majority of those clients, including Guma­pac, were homeowners already in the midst of foreclosure proceedings, according to Kai­ama.

Gumapac, whose Big Island company is called Lau­lima Title Search and Claims, said he continues to get new clients even since his November eviction. Lau­lima now has about 300 total clients, and Guma­pac charges $3,900 for his services, he said.

While the kingdom-still-exists argument has not prevailed in court, some homeowners seem to be benefiting in one significant way: They have stayed in their homes long after they stopped paying their mortgages, thanks largely to the slow pace in which such cases move through a strained judicial system.

Real estate officials say Guma­pac’s challenge of the court’s authority likely contributed to the prolonged period he was able to stay in his home after defaulting on the mortgage.

Kaiama said dozens of eviction orders are pending against his clients, and he suspects the legal argument that the orders are unlawful have contributed to delays in enforcing them. A judge presiding over one of Kai­ama’s foreclosure cases recently asked the attorney to provide more information on the jurisdiction issue.

Gumapac said he stopped paying his mortgage when his lender was unable to provide the original copy of his loan note and couldn’t answer certain questions about the property’s title. At the time, the nation was in the midst of a mortgage crisis that included a dramatic rise in foreclosures and growing questions about unfair and predatory practices by lenders.

“I wasn’t trying to run away from my obligation to pay that debt,” Guma­pac said. “I was following my contract.”

After Deutsche Bank acquired Guma­pac’s mortgage, he learned of research that called into question the validity of all Hawaii land titles since the 1893 overthrow. Proponents of that position say that titles filed since then are invalid because they were not processed under kingdom law. Guma­pac became a believer.

Armed with such research, he asked his lender to file a title insurance claim, which he said he believed the bank was obligated to do under terms of his mortgage agreement. Guma­pac said he was expecting Deutsche Bank to pursue a claim, which would have uncovered the defect and, under terms of the insurance policy, triggered the insurer to pay the debt.

But lenders generally have considered such kingdom-related title claims frivolous.

In Gumapac’s case, Deutsche Bank didn’t pursue an insurance claim and proceeded with the foreclosure, he said. In December 2011 the bank filed a so-called ejectment complaint seeking his eviction. Two years later Guma­pac was forced out.

An attorney for Deutsche Bank didn’t respond to a request for comment.

One of the more interesting aspects of the rise in the kingdom-related foreclosure defense is a political scientist who is a key advocate of it.

David Keanu Sai, who has a master’s degree in international relations and a doctorate in political science from the University of Hawaii, serves as a consultant to Guma­pac’s company and to Kai­ama.

Sai also has taken his arguments to various international organizations, including the president’s office of the United Nations General Assembly, the International Criminal Court and the International Committee of the Red Cross in Switzerland, where he was joined last month by Kai­ama. They are pursuing cases alleging war crimes and the illegal occupation of the islands by the United States.

Sai made headlines in the mid-1990s as co-founder of Perfect Title Co., which used kingdom law to claim existing land titles in Hawaii were invalid — essentially the same arguments being made today in the foreclosure cases. The company riled the real estate industry because it filed reports at the Bureau of Conveyances casting clouds on titles.

Perfect Title shut down in 1997 after the state seized its records as part of an investigation. Sai eventually was convicted of first-degree attempted theft, a felony, for helping a couple try to reclaim an Aiea home they lost through foreclosure. He received five years’ probation.

Though Sai makes the same basic points today that he did in his Perfect Title days, his argument is more refined now, benefiting from the advanced degrees he obtained since then. Even some of his harshest critics say he is more persuasive.

Sai said it’s not unexpected that Hawaii courts refuse to validate the kingdom argument, saying that one judge even acknowledged he would be committing political suicide if he did so.

But the historical evidence is overwhelming and has yet to be refuted, Sai added, and he expects justice eventually to prevail in the international arena, where international law applies.

“We have to be patient but patience is not a weakness,” Sai said.

Asked about Sai’s case, a spokes­woman for the U.N. president’s office said in an email to the Star-Advertiser that a sovereign matter is beyond the purview of the office.

The International Criminal Court did not respond to Star-Advertiser emails seeking comment.

Rosen, the lender attorney, is upset that the state and the courts have done nothing to prevent the discredited kingdom arguments from continuing to be made, giving homeowners false hope that their properties might be saved. People who charge homeowners to provide such a defense should be prosecuted or sanctioned, he said.

“How are they allowed to continue doing this?” Rosen asked. “It’s nothing more than a fraud.”