The Three Estates of the Hawaiian Kingdom

The government of the Hawaiian Kingdom is a constitutional and limited monarchy comprised of three Estates: the Monarch, Nobles and the People. An Estate is defined as a “political class.” All three political classes work in concert and provides for the legal basis of the government and its authority. Article 45 of the 1864 Hawaiian constitution, provides: “The Legislative power of the Three Estates of this Kingdom is vested in the King, and the Legislative Assembly; which Assembly shall consist of the Nobles appointed by the King, and of the Representatives of the People, sitting together.”

This provision is further elaborated under §768, Hawaiian Civil Code (Compiled Laws, 1884), “The Legislative Department of this Kingdom is composed of the King, the House of Nobles, and the House of Representatives, each of whom has a negative on the other, and in whom is vested full power to make all manner of wholesome laws, as they shall judge for the welfare of the nation, and for the necessary support and defense of good government, provided the same is not repugnant or contrary to the Constitution.” As each Estate has a negative on each other, no law can be passed without all three Estates agreeing.

According to Hawaiian law “No person shall ever sit upon the Throne, who has been convicted of any infamous crime, or who is insane, or an idiot (Article 25, 1864 Constitution),” which, by extension, extends to the Nobles whereby “The King appoints the members of the House of Nobles, who hold their seats during life, unless in case of resignation, subject, however, to punishment for disorderly behavior. The number of members of the House of Nobles shall not exceed thirty (§771, Compiled Laws).”

Representatives of the People shall be Hawaiian subjects or denizens “who shall have arrived at the full age of twenty-five years, who shall know how to read and write; who shall understand accounts, and who shall have resided in the Kingdom for at least one year immediately preceding his election; provided always, that no person who is insane, or an idiot, or who shall at any time have been convicted of theft, bribery, perjury, forgery, embezzlement, polygamy, or other high crime or misdemeanor, shall ever hold seat as Representative of the people (§778, Compiled Laws).”

The number of the Representatives of the people in the Legislature shall be twenty-eight: eight for the Island of Hawai‘i (one for the district of North Kona, one for the district of South Kona, One for the district of Ka‘u, one for the district Puna, two for the district of Hilo, one for the district Hamakua, one for the district of Kohala); seven for the Island of Maui (two for the districts of Lahaina, Olowalu, Ukumehame, and Kaho‘olawe, one for the districts of Kahakuloa and Ka‘anapali, one for the districts of Waihe‘e and Honuaula, one for the districts of Kahikinui and Ko‘olau, one for the districts of Hamakualoa and Kula); two for the Islands of Molokai and Lanai; eight for the Island of O‘ahu (four for the districts of Honolulu that extends from Maunalua to Moanalua, one for the districts of Ewa and Waianae, one for the district of Waialua, one for the district of Ko‘olauloa, and one for the district of Ko‘olaupoko); and three for the island of Kaua‘i (one for the districts of Waimea, Nualolo, Hanapepe and the Island of Ni‘ihau, one for the districts of Puna, Wahiawa and Wailua, and one for the districts of Hanalei, Kapa‘a and ‘Awa‘awapuhi) (§780, Compiled Laws).

Electors of the Representatives shall be Hawaiian subjects or denizens “who shall have paid his taxes, who shall have attained the age of twenty years, and shall have been domiciled in the Kingdom for one year immediately preceding the election, and shall know how to read and write, if born since the year 1840, and shall have caused his name to be entered on the list of voters of his district…shall be entitled to one vote for Representative or Representatives of that district; provided, however, that no insane or idiotic person, or any person who shall have been convicted of any infamous crime within this Kingdom unless he shall have been pardoned by the King, and by the terms, and by the terms of such pardon have been restored to all the rights of a subject, shall be allowed to vote (p. 222, Compiled Laws).”

The Estate of the Crown

Kam IIIThe first constitution of the Hawaiian Kingdom was promulgated in 1840 by King Kamehameha III, which was superseded by the 1852 Constitution. Article 25 of the 1852 Constitution provided: “The crown is hereby permanently confirmed to His Majesty Kamehameha III. during his life, and to his successor. The successor shall be the person whom the King and the House of Nobles shall appoint and publicly Kam IVproclaim as such, during the King’s life; but should there be no such appointment and proclamation, then the successor shall be chosen by the House of Nobles and the House of Representatives in joint ballot.” Kamehameha III proclaimed his adopted son, Alexander Liholiho, to be his heir apparent after receiving confirmation from the Nobles in 1853. Alexander ascended to the Throne upon the death of King Kamehameha III on December 15, 1854.

Kamehameha VKing Kamehameha V ascended to the Throne through the process of appointment by the Premier (Kuhina Nui) Victoria Kamamalu, and confirmation by the Nobles in 1863, because Kamehameha IV had no surviving children. His son and heir, Prince Albert Kamehameha, died at the age of four Victoria_Kamamaluon August 27, 1862. Since the young Prince’s death, Kamehameha IV did not appoint a successor before he died on November 30, 1863.  According to the 1852 Constitution, Article 47 provided, “Whenever the throne shall become vacant by reason of the King’s death…the Kuhina Nui, for the time being, shall…perform all the duties incumbent on the King, and shall have and exercise all the powers, which by this Constitution are vested in the King.”

In 1864, a new constitution was promulgated by King Kamehameha V, and Article 22 of the 1864 Constitution provides that, “The Crown is hereby permanently confirmed to His Majesty Kamehameha V. and to the Heirs of His body lawfully begotten, and to their lawful Descendants in a direct line; failing whom, the Crown shall descend to Her Royal Highness the Princess Victoria Kamamalu Kaahumanu, and the heirs of her body, lawfully begotten, and their lawful descendants in a direct line. The Succession shall be to the senior male child, and to the heirs of his body; failing a male child, the succession shall be to the senior female child, and to the heirs of her body.” Princess Kamamalu died on May 29, 1866 without any lineal descendants, leaving the successors to the Throne solely with King Kamehameha V.

Since Kamehameha V had no children, Article 22 of the 1864 Constitution provides that a “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; but should there be no such appointment and proclamation, and the Throne should become vacant, then the Cabinet Council, immediately after the occurring of such vacancy, shall cause a meeting of the Legislative Assembly, who shall elect by ballot some native Ali‘i of the Kingdom as Successor to the Throne.” The Cabinet Council replaced the function of the Premier (Kuhina Nui) under the former constitution, whose office was repealed by the 1864 Constitution, and according to Article 33 would serve as a Council of Regency.

On December 11, 1872, Kamehameha V died without children and he did not appoint a successor. Kamehameha V’s Cabinet, as a Council of Regency, convened the Legislative Assembly in special session on January 8, 1873. A regent is a person or persons who serve in the absence of a monarch. In their speech to the Legislature, the Council stated:

“His late Majesty did not appoint any successor in the mode set forth in the Constitution, with the consent of the Nobles or make Proclamation thereof during his life. There having been no such appointment or Proclamation, the Throne became vacant, and the Cabinet Council immediately thereupon considered the form of the Constitution in such case made and provided, and Ordered—That a meeting of the Legislative Assembly be caused to be holden at the Court House in Honolulu, on Wednesday which will be the eighth day of January, A.D. 1873, at 12 o’clock noon; and of this order all Members of the Legislative Assembly will take notice and govern themselves accordingly. By virtue of this Order you have been assembled, to elect by ballot, some native Ali‘i of this Kingdom as Successor to the Throne. Your present authority is limited to this duty, but the newly elected Sovereign may require your services after his accession.”

LunaliloOn that day the Legislature elected Lunalilo as King. From December 11, 1872 to January 8, 1873, the Kingdom was headed by a Council of Regency. Article 33 of the 1864 Constitution provides that “the Cabinet Council at the time of such decease shall be a 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.”

KalakauaThe Legislative Assembly convened again in special session on February 12, 1874 and elected King Kalakaua after Lunalilo, who died without children, failed to appoint a successor. Upon ascension to the Throne, King Kalakaua appointed his brother Prince William Pitt Leleiohoku as his heir apparent and received confirmation from the Nobles. Leleiohoku died April 10, 1877, which prompted Princess_LiliuokalaniKalakaua to immediately appoint his sister on the same day, Princess Lili‘uokalani, as his heir apparent and he received confirmation from the Nobles. An heir apparent is a person who is first in line of succession to the Throne according to Hawaiian law and cannot be displaced. An heir presumptive, however, is the person, male or female, entitled to succeed to the Throne, but can be replaced by an heir apparent pronounced according to Hawaiian law.

When the Legislative Assembly elected King Kalakaua in 1874, a new Stirps had effectively replaced the former Stirps, being the Kamehameha dynasty, with the Keawe-a-Heulu dynasty. Although Lunalilo was an elected King, he was of the Kamehameha dynasty, through Kamehameha’s father, Keoua. Stirps is a direct “line descending from a common ancestor,” and applies to monarchical dynasties. The Stirps for the Kamehameha Dynasty was a direct line from Kamehameha with Keopuolani, being the highest ranking of his wives. Lunalilo was not a direct descendant of Kamehameha, but a direct descendant of Kamehameha’s father, Keoua, whose son, Kalaimamahu, was Kamehameha’s half-brother.

Keawe-a-Heulu was one of the four counselor chiefs to Kamehameha I when the national-coatofarmsislands were consolidated under one kingdom. The other three counselor chiefs were Ke‘eaumoku, Kamanawa and Kame‘eiamoku. Ke‘eaumoku was the father of Ka‘ahumanu, one of Kamehameha’s wives and who later served as Prime Minister after Kamehameha’s death in 1819. Kamanawa and Kame‘eiamoku were brothers and are also represented in the Hawaiian Kingdom’s coat of arms.

The Kamehameha dynasty also included the descendants of Kamehameha’s other wives, other than Keopuolani who was the mother of Kamehameha II and III, and the young Princess Nahienaena. These wives and children included: Peleuli who had Maheha Kapulikoliko, Kahoanoku Kina‘u, Kaiko‘olani and Kiliwehi; Kaheiheimalie who had Kamamalu and Kina‘u, who was the mother of Kamehameha IV and V, and Premier Victoria Kamamalu.

In 1883, the Keawe-a-Heulu Stirps was formally declared at the Coronation of King Kalakaua and Queen Kapi‘olani. Princess Lili‘uokalani as the heir apparent, and the heirs presumptive, being Princess Virginia Kapo‘oloku Po‘omaikelani, Princess Kinoiki, Princess Victoria Kawekiu Kai‘ulani Lunalilo Kalaninuiahilapalapa, Prince David Kawananakoa, Prince Edward Abnel Keli‘iahonui, and Prince Jonah Kuhio Kalaniana‘ole comprised the new royal lineage.

KaiulaniQueen Lili‘uokalani appointed Princess Ka‘iulani as her heir apparent in 1891, but was unable to get confirmation by the Nobles because they were prevented from entering the Legislative Assembly as a result of the so-called 1887 bayonet constitution that began the insurgency. In 1917, Queen Lili‘uokalani died with no such appointment or Proclamation leaving the Throne vacant. After the Queen’s death, only Prince Kuhio was left of the heirs presumptive. All the rest had died. Of the heirs presumptive, only Prince David Kawananakoa died with lineal descendants, but these lineal descendants did not inherit the title of heirs presumptive because they were not proclaimed as such by a reigning Monarch, as King Kalakaua did by proclamation in 1883. While these lineal descendants have no claim to the Throne, they are part of the Estate of the Ali‘i (Chiefs).

Currently, there are pretenders to the Estate of the Crown that have claimed to be Kings, Princes or Princesses. Some claims are well known, while others are not, but all claims to the Throne have no basis in Hawaiian law because Her late Majesty Queen Lili‘uokalani did not appoint and thereafter proclaim her successor in accordance with the law as it was done in the past. The titles of Prince and Princess are not hereditary titles, but have a direct correlation to the reigning Monarch, as either being an heir apparent or heirs presumptive. In other words, an individual cannot claim to be a prince or princess without a sitting Monarch for the realm.

The Estate of Nobles (Chiefs)

The political class of Ali‘i is an integral component of the Hawaiian Kingdom and its government and has its origin deeply rooted in Polynesian society. The entire land system of the Kingdom that continues to exist today is grounded and based on actions taken by the Ali‘i such as the granting of Royal Patents, Land Commission Awards, and the Great Land Division (Mahele) between the Government and Chiefs, which also set the terms of division between both the Government and Chiefs and native tenants desiring to get a fee-simple title to their lands.

On August 9, 1880, the Hawaiian Legislature enacted “An Act to Perpetuate the Genealogy of the Chiefs of Hawaii.”

Genealogy Act 1880

According to the Rules of the Board, their principle duties are: “1. To gather, revise, correct and record the Genealogy of Chiefs. 2. To gather, revise, correct and record all published and unpublished Ancient Hawaiian History. 3. To gather, revise, correct and record all published and unpublished Meles (Songs), and also to ascertain the object and the spirit of the Meles, the age and the History of the period when composed and to note the same on the Record Book. 4. To record all the tabu customs of the Mois (Kings) and Chiefs.”

In its Report in 1884, the Board stated it was examining copies of genealogical books by Kamokuiki, Kaoo, Kaunahi, Unauna, Hakaleleponi, Piianaia, Kalaualu and David Malo, and that the “Board has not entered into revision of these books and those written by foreign historians as the time has been taken up mostly in attesting the genealogy of those that have applied to have their genealogy established.” The Board also reported, that it “has avoided entering into controversies with the genealogical discussions that have been going on for a year or more in the local Hawaiian newspapers, as these discussions have been more or less conducted in a partisan spirit instead of on scientific principles. They loose the merit of usefulness by the hostilities assumed by the contending writers.”

On July 5, 1887, the newly appointed Cabinet Council and two members of the Supreme Court committed the high crime of treason by coercing King Kalakaua to sign a new constitution under threat of assassination. This so-called constitution came to be known as the Bayonet Constitution and was never submitted to the Legislative Assembly for approval, which is required under law.  Hawaiian constitutional law provides that any proposed change to the constitution must be submitted to the Legislative Assembly, and upon majority agreement, would be deferred to the next legislative session for action. Once the next legislature convened, and the proposed amendment or amendments were “agreed to by two-thirds of all members of the Legislative Assembly, and be approved by the King, such amendment or amendments shall become part of the Constitution of this country (Article 80, 1864 Constitution).”

Lorrin_ThurstonThis so-called constitution was drafted by a select group of twenty individuals and effectively placed control of the Legislature and Cabinet in the hands of individuals who held foreign allegiances, which led to the illegal overthrow of the Hawaiian government by the United States of America. The leader of this insurgency, Lorrin Thruston, was the Minister of the Interior, and he refused to fund the Board of Genealogists Poomaikelanias required by law. In a letter to Her Royal Highness Princess Po‘omaikelani, President of the Genealogical Board, dated July 29, 1887, Thurston writes, “I beg to acknowledge receipt of your communication of the 27th inst. in which you state the labors of the board need not be suspended because the appropriation cannot be paid. There can, of course, be no objection to a continuation of the work of the Board of Genealogy so long as it is carried out without expense to the Government.”

Despite the lack of government funding and the illegal overthrow of the Hawaiian Kingdom government, the Board continued their work to compile the genealogies of Hawaiian Chiefs (Mo‘okua‘auhau Ali‘i) that were eventually published in the Ka Maka‘ainana newspaper in the year 1896.

Ka Makaainana Masthead

The acting Government is providing these publications, which are in the Hawaiian language, to the public at large with a link to the original publication in PDF by date of the publication. The names of Hawaiian Chiefs below are printed as they are written in the published genealogies, which did not have any diacritical markers such as the ‘okina or kahako. The English translations of these publications can be drawn from Edith Kawelohea McKinzie and Ishmael W. Stagner, II, Hawaiian Genealogies, vol. 1. A basic glossary of terms that can be used to understand the published genealogies are:

“k” is short for kane (male)
“w” is short for wahine (female)
noho (to live with, but used to mean the same as marriage)
mare (married)
a‘ohe pua (no lineal descendants)
kuamo‘o (lineage)
kuauhau (genealogy)
loa‘a (had)
mo‘o kuauhau (genealogical succession)

June 1, 1896—Genealogies of King Kamehameha IV and King Lunalilo, both of whom died without lineal descendants.

June 8, 1896—Genealogies of King Kalakaua and Queen Liliuokalani, both of whom died without lineal descendants.

June 15, 1896—Genealogy of Princess Kaiulani, who died without lineal descendants.

June 29, 1896—Genealogies of Queen Kapiolani, who died without lineal descendants; Prince Jonah Kuhio Kalanianaole who died without lineal descendants; and David Kawananakoa.

July 6, 1896—Genealogies of William Piikoi Wond, Lydia Kamakee Cummins, and Maraea Cummins; Daisy Napulahaokalani, Eva Kuwailanimamao, Roberto Kalaninuikupuaikalaninui Keoua and Virginia Kahoa Kaahumanu Kaihikapumahana.

July 13, 1896—Genealogy of Albert Kekukailimoku Kunuiakea who died without lineal descendants.

July 20, 1896—Genealogies of Princess Bernice Pauahi who dies without lineal descendants, Princess Ruth Keelikolani who died without lineal descendants, and John Kamehamehanui who died without lineal descendants.

July 27, 1896—Genealogies of Alexandrina Leihulu Kapena who died without lineal descendants, Edward Kamakau Lilikalani, and Annie Palekaluhi Kaikioewa who died without lineal descendants.

August 3, 1896—Genealogies of Sabina Kahinu Beckley, Frederick Kahapula Beckley, Jr., and Frederica Beckley; Leander Kaonowailani, Violet Kahaleluhi Kinoole, Grace Namahana i Kaleleokalani, Frederick Malulani, George Heaalii and Benjamin Kameeiamoku; William Kauluheimalama Beckley, Henry Hoolulu Beckley, Juanita Beckley, and George Mooheau Beckley, Jr.; Henry Hoolulu Pitman, Mary Kinoole (Mrs. Mary Ailau), and Benjamin Pitman, Jr.; Robert Hoapili Baker, Henry Kanuha, and Rev. J. Kauhane of Kau.

August 10, 1896—Genealogies of William Hoapili Kaauwai, Jr., Luka Kaauwai and Lydia Kahanu Kaauwai; Mary Parker (Mrs. Maguire), Eva Kalanikauleleiaiwi Kahiluonapuaonahonoapiilani Parker, Helen Umiokalani Parker, John Palmer Parker, Hattie Kaonohilani Parker, Palmer Kuihelani Parker, Samuel Keaoililani Parker, Ernest Napela Parker, and James Kekookalani Parker.

August 17, 1896—Genealogies of Lydia Kamakanoe Kanehoa, Albert Kaleinoanoa Kanehoa, Jno Kupakee Kanehoa, Davida K. Hoapili Kanehoa, and Maria Kalehuaikawekiu Kanehoa; Hoapiliwahine-a-Kanehoa; and the children of Makainai-a-Kuakini and Kauina, being Jesse Makainai, Keeaumoku, Kapaleiliahi, Kaumaumaeha, Hoapili Liilii, and Paulo Hoapili; Henry St. John Kaleookekoi Nahaolelua, George William Lua Nahaolelua, John Vivian St. John Kapokini Nahaolelua, Charles Kalaninoheainamoku Nahaolelua, Albert Kamainiualani Nahaolelua, Alexander Pahukula Kuanamoa Nahaolelua, Elizabeth Alice Kalakini Nahaolelua, and Emma Rhoda Kaaiohelo Nahaolelua; William Kapahukula Enelani Stevens who died without lineal descendants, and Keliikui Stevens who also died with lineal descendants.

August 24, 1896—Genealogies of Rose Kekupuohi Simerson, William Kuakini Simerson and Isaac Kaleialii Simerson; and the children of Annie Niulii and Kahaleaahu, being Helen Kalolowahilani, John Paalua and David Kauluhaimalama.

August 31, 1896—Genealogies of Annie Thelma Kahiluonapuaonahonoapiilani Parker; Kahaule-o-Kuakini and Mrs. Maluhi Reis; John Meek, Jr.; and Maraea Kaoaopa died without lineal descendants.

September 7, 1896—Genealogies of Adele Mikahala Unauna, John Koii Unauna, Maraea Kapumakokoulaokalani Unauna, Kaniu Unauna, Kahelemanolani Unauna, Jane Kulokuloku Unauna, Hattie Kaauamookalani Unauna and James Kalimaila Unauna; Julia Kailimahuna Koii, Lydia Kahuakai Koii, Lydia Kahuakai Koii, David Koii who died without lineal descendants, and Esther Namahana Koii; Julia Kapakuialii Kalaninuipoaimoku Doiron and Moses Koii Luhaukapewa Doiron; William Kahoapili Kekohimoku Alohikea, Alfred Unauna Alohikea, David Kauahiaalaiwilani Kaili; Alexander Boki Reis, Palmyra Lonokahikini Reis, and Helen Kekumualii Reis; and Helina Kaiwaokalani Maikai, David Unualoha Maikai, Samuela Kahilolaamea Maikai, and Abigaila Kalanikuikepo‘oloku Maikai.

October 5, 1896—Genealogies of Stella Keomailani Cockett who died without lineal descendants; and the child of Kekulu and Kaiakoili, being David Kalani.

October 19, 1896—Genealogies of Tilly Kaumakaokane Cummins, Thomas Keauiaole Cummins, and John T. Walker Cummins; King Keaweaua Mersberg, James Kahai Mersberg, Jr., Lily Kahalewai Mersberg, Marie Mersberg, Lydia Mersberg, Jane Piilani Mersberg, and Charles Mersberg; John Adams Kaenakulani Cummins, Thomas C. Kaihikapu Cummins, and Raplee Kawelokalani Cummins; May Kaaolani Cummins Creighton; Flora Kahanolani Cummins; children of Kekupuo-i; Ponilani Kaiama (w), Margaret Loe Kaiama, Esther Nahaukapuokalani Kaiama, Levi Kaiama and Keliimaikai Kaiama; Grace Kamaikui Piianaia, Niaupio Piianaia, and Heulumanawaokalani Piianaia (k); Phoebe Ulualoha Wilcox; and Daniel Kekuhio Keliiaa and Kekukamaikalani Keliiaa.

October 26, 1896—Genealogy of Katherine Kaonohiulaokalani Brown who died without lineal descendants.

November 2, 1896—Genealogy Hana Kaunahi and Akahi who both died without lineal descendants.

After the death of Prince Kuhio Kalaniana‘ole on January 13, 1922, the Associated Press reported, “Fourteen chiefs selected by the committee from the high chiefs of Hawaii will bear the casket of Prince Kuhio at the funeral Sunday morning. The selection are Henry P. Beckley, Edwin Kea, David Hoapili, Sr., Kaliinonao, John Nahaolelua, Alex Nahaolelua, Jesse Makainai, William Simerson, John H. Wise, William Taylor, Geo. Kalohapauole, David Maikai, Ahapuni Boyd, Clement Parker, Samuel Parker, Jr., as bearer of orders and David Hoapili, Jr. as bearer of the tabu stick.” These men were selected from the Estate of Ali‘i (Chiefs).

Kuhio_Pall_Bearers

Any person today who is a direct lineal descendant of the Hawaiian Chiefs identified in these published genealogies belong to the Estate of Nobles (Chiefs), and are eligible to be appointed as Nobles in the Legislative Assembly and/or to the Throne in accordance with Hawaiian law.

The Estate of the People

Any person today who is a direct lineal descendant of a Hawaiian subject before the United States occupation began at 12 noon of August 12, 1898, belong to the Estate of the People.

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.

ICC.Complaint (Redacted)_Page_02

ICC.Complaint (Redacted)_Page_03

ICC.Complaint (Redacted)_Page_04

ICC.Complaint (Redacted)_Page_05

ICC.Complaint (Redacted)_Page_06

ICC.Complaint (Redacted)_Page_07

ICC.Complaint (Redacted)_Page_08

ICC.Complaint (Redacted)_Page_09

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.

ICC.Complaint (Redacted)_Page_01

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.

ICC_Arrest_Warrants_FAQ_Page_1

ICC_Arrest_Warrants_FAQ_Page_2

ICC_Arrest_Warrants_FAQ_Page_3

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.

 

Civil Beat Publishes Professor Chang’s Article Regarding the Secretary of State

The Honolulu Civil Beat has published Professor Williamson Chang’s article “Will the Secretary of State address the single most important question raised in Hawaii since 1898.”

 

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.”

AHCC

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.

AHCC Resolution Executive Agreements_Page_1

AHCC Resolution Executive Agreements_Page_2

AHCC Resolution Executive Agreements_Page_3

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.

https://www.youtube.com/watch?v=0ZtfQh7eieU

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.

https://vimeo.com/102709086

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.

DOI Ltr_Page_1

DOI Ltr_Page_2
DOI Ltr_Page_3
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.