Hawaiian Kingdom files Application Instituting Proceedings at the International Court of Justice

THE HAGUE, NETHERLANDS, 27 September 2013 — The acting Government of the Hawaiian Kingdom filed with the Registrar of the International Court of Justice an Application Instituting Proceedings against the Republic of Austria, Barbados, the Kingdom Peace Palaceof Belgium, the Republic of Botswana, the Republic of Bulgaria, the Republic of Costa Rica, the Republic of Côte d’Ivoire, Democratic Republic of the Congo, the Kingdom of Denmark, the Republic of Djibouti, the Commonwealth of Dominica, the Dominican Republic, the Arab Republic of Egypt, the Republic of Finland, Gambia, Georgia, the Hellenic Republic of Greece, the Republic of Guinea, the Republic of Guinea-Bissau, the Republic of Haiti, the Republic of Honduras, the Republic of Ireland, the Republic of Kenya, the Kingdom of Lesotho, the Republic of Liberia, the Grand Duchy of Luxembourg, the Republic of Madagascar, the Republic of Malawi, the Republic of the Marshall Islands, the United Mexican States, the Kingdom of the Netherlands, the Kingdom of Norway, the Islamic Republic of Pakistan, the Republic of Paraguay, the Republic of Peru, the Republic of Senegal, the Republic of South Sudan, the Republic of Suriname, the Kingdom of Swaziland, the Kingdom of Sweden, the Swiss Confederation, the Democratic Republic of Timor-Leste, the Togolese Republic, the Republic of Uganda, and the Oriental Republic of Uruguay for treaty violations and serious breaches of peremptory norms. Austria, Belgium, Denmark, Netherlands, Norway, Sweden, and Switzerland have treaties with the Hawaiian Kingdom. All (45) States have accepted the jurisdiction of the Court beforehand, including the Hawaiian Kingdom.

The filing of the Application is directly tied to the Hawaiian Kingdom’s Protest and Demand filed with the President of the United Nations General Assembly on August 10, 2012. The Application is seeking enforcement of the Hawaiian Kingdom’s Demand that States comply with their treaty obligations and obligations under customary international law.

Also submitted with the Application was a Request for the Indication of Provisional Measures of Protection. The request states the “fact that serious breaches of rules of jus cogens have been ongoing for over a century only amplifies the urgent request that the Court indicate provisional measures to protect and preserve the rights of the Hawaiian Kingdom.” The Court is requested to declare that:

a)    All member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, are under an obligation:

1)    to recognize the illegality and invalidity of the United States of America’s continued presence in the Hawaiian Kingdom;

2)    to refrain from lending any support or any form of assistance to the United States of America with reference to its illegal occupation of the Hawaiian Kingdom;

3)    to abstain from entering into treaty relations with the United States of America in all cases whereby the government of the United States of America purports to act on behalf of or concerning the Hawaiian Kingdom;

4)    to abstain from sending consular agents to the territory of the Hawaiian Kingdom, purportedly under arrangements and/or agreements with the United States of America, and to withdraw any such agents already there;

5)    to abstain from entering into economic, military and any other form of relationship or dealing with the United States of America on behalf of or concerning the Hawaiian Kingdom, which may entrench its authority over the territory;

b)    With respect to existing bilateral treaties, member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, must abstain from invoking or applying those treaties or provisions of treaties concluded by the United States of America on behalf of or concerning the Hawaiian Kingdom, which include and/or involve active intergovernmental co-operation.

c)     With respect to multilateral treaties, however, the same rule cannot be applied to certain general conventions such as those of a humanitarian character, the non-performance of which may adversely affect the people of the Hawaiian Kingdom;

d)    All member States of the United Nations, which includes the States herein named, in compliance with the duty of non-recognition imposed under Articles 41(1) and 41(2) of the Articles of State Responsibility for International Wrongful Acts, should not result in depriving the people of the Hawaiian Kingdom of any advantages derived from international co-operation. In particular, while official acts performed by the Government of the United States of America on behalf of or concerning the Hawaiian Kingdom since the occupation began on 12 August 1898 are illegal and invalid, this invalidity cannot be extended to those acts, such as, for instance, the registration of births, deaths and marriages, the effects of which can be ignored only to the detriment of the inhabitants of the Territory.

e)     With respect to non-member States of the United Nations, the illegality of the United States of America’s presence in the Hawaiian Kingdom is opposable to all States in the sense of barring erga omnes the legality of a situation which is maintained in violation of international law: in particular, no State which enters into relations with the United States of America concerning the Hawaiian Kingdom may expect the United Nations or its Members to recognize the validity or effects of such relationship, or of the consequences thereof.

The acting Government of the Hawaiian Kingdom  designated David Keanu Sai, Ph.D., its Ambassador-at-large, as Agent for these proceedings, and Dexter Ke‘eaumoku Ka‘iama, Esq., its Attorney General, as Deputy Agent. Dr. Sai served as lead Agent for the Hawaiian Kingdom in Larsen v. Hawaiian Kingdom (1999-2001) and presented oral arguments at the Peace Palace on December 7, 8, and 11, 2000. Members of the arbitral tribunal included Professor James Crawford, SC, as presiding arbitrator, with Mr. Gavan Griffith, QC, and Professor Christopher Greenwood, QC, serving as associate arbitrators. Professor Greenwood is now a Judge of the International Court of Justice. Both the Permanent Court of Arbitration and the International Court of Justice are located in the Peace Palace, The Hague, Netherlands.

Sai_ICCWhile in The Hague, Dr. Sai also met with a member of the International Criminal Court’s Information & Evidence Unit at the Court’s headquarters to inquire into the status of the Hawaiian Kingdom’s Referral to initiate an investigation for war crimes. He confirmed that it is still under review and that the Office of the Prosecutor will be in communication shortly.

Dr. Keanu Sai to Present Hawai‘i’s Occupation to Swiss Diplomats in Zurich

Zurich FlyerThe Swiss Diplomats – Zurich Network has invited Dr. Keanu Sai to the city of Zurich to give a presentation on the prolonged and illegal occupation of the Hawaiian Kingdom. The title of Dr. Sai’s presentation is “Hawai‘i – An American State or a State Under American Occupation.” Professor Niklaus Schweizer, a former Swiss Consul for Hawai‘i and a professor at the University of Hawai‘i at Manoa, will be giving the introduction. After the presentation there will be a panel discussion comprised of Dr. Sai, Professor Schweizer, and former Swiss Ambassador to the United States and Germany, Dr. Christian Blickenstorfer. The presentation and panel is scheduled for Monday, November 11, 2013.

On July 20, 1864, the Hawaiian Kingdom entered into a Treaty of Friendship, Establishment and Commerce with Switzerland that established perpetual peace and reciprocal liberties. Article 1 states: “Hawaiians shall be received and treated in every canton of the Swiss Confederation, as regards their persons and their properties, on the same footing and in the same manner as now are or may hereafter be treated, the citizens of other cantons. The Swiss shall enjoy in the Hawaiian Islands all the same rights as Hawaiians in Switzerland.” The treaty was negotiated on behalf of the Hawaiian Kingdom by Sir John Bowring, who was a Knight Bachelor of Great Britain and Commander of the Order of Leopold of Belgium. The Hawaiian-Swiss Treaty has not been terminated by either the Hawaiian Kingdom or the Swiss Confederation.

The Diplomatic Network is aware of the Hawaiian-Swiss Treaty, the Hawaiian arbitration, Larsen v. Hawaiian Kingdom, at the Permanent Court of Arbitration at the Hague, Netherlands, from 1999-2001, the Hawaiian complaint filed with the United Nations Security Council in 2001, and the Hawaiian protest and demand filed with the United Nations General Assembly in 2012. Dr. Sai served as lead agent in the arbitration proceedings and the filings with the United Nations.

German Federal Prosecutor Receives War Crime Complaint From Hawai‘i Attorney Against Deutsche Bank

Yesterday, the German Federal Prosecutor received a war crime complaint filed by attorney Dexter Kaiama alleging the Management Board of Deutsche Bank, Judge Greg K. Nakamura, and Deutsche Bank attorneys Charles R. Prather, Sofia M. Hirosone, and Michael G.K. Wong committed criminal acts against his clients Mr. Kale Kepekaio Gumapac and Mr. Harris Bright, both being Hawaiian subjects and protected persons under the Fourth Geneva Convention, 1949. The basis of the complaint is Section 6(9) of the German Criminal Code, which authorizes the German government to prosecute crimes committed by a German abroad, the German Code of Crimes against International Law (CCAIL), and the 1879 Hawaiian-German Treaty of Friendship, Commerce and Navigation and Consular Convention. Deutsche Bank is a German financial institution headquartered in Frankfurt, Germany.

The complaint alleges that “Deutsche Bank, despite having no valid and legal interest in both of my clients’ property, has deliberately ignored pursuing its proper remedy for financial recovery, and instead, intentionally violated CCAIL (and international law) by initiating a fraudulent and unlawful court process to obtain unlawful orders to evict my clients from their property, thereby committing violations of the CCAIL.” In the complaint, it states that both clients mortgaged their properties that was eventually assigned to Deutsche Bank, but were unaware that their titles to their properties were defective as a direct result of the illegal overthrow of the Hawaiian government by the United States in 1893 and the United States subsequent illegal and prolonged occupation.

Laulima Title Search and Claims, LLC, a company owned by Gumapac, was contracted to investigate the title to both properties and determined “This claim involves a defect of title by virtue of an executive agreement entered into between President Grover Cleveland of the United States and Queen Lili‘uokalani of the Hawaiian Kingdom, whereby the President and his successors in office were and continue to be bound to faithfully execute Hawaiian Kingdom law by assignment of the Queen under threat of war on January 17th 1893. The notaries public in the Hawaiian Islands and the registrar of the Bureau of Conveyances were not lawful since January 17th 1893, and therefore title to the estate in fee-simple” defective, “because…the deed of conveyance was not lawfully executed in compliance with Hawaiian Kingdom law.”

Since a mortgage is a lien on the title to the property, a defect in title would consequently render the lien invalid, which would also invalidate any foreclosure and ejectment proceedings stemming from the mortgage. In order for lenders to protect themselves from this type of situation,  they require the borrowers to purchase title insurance as a condition of the loan. Both Gumapac and Bright purchased title insurance while they were in escrow that covered the amount of the money each had borrowed. The complaint provides a definition of title insurance from Black’s Law dictionary as a “policy issued by a title company after searching the title, representing the state of that title and insuring the accuracy of its search against claims of title defects.” The complaint further states that title insurance is an “indemnity contract that does not guarantee the state of the title but covers loss incurred from a defect in land titles that would arise from an inaccurate title report.”

Both Gumapac and Bright each sent a letter with the evidence of the defect in title to Deutsche Bank, and called on “Deutsche Bank to cease the ejectment proceedings and to file an insurance claim under the lender’s title insurance policy.” Deutsche Bank refused to file the insurance claim and maintained the proceedings to evict Gumapac and Bright in the Third Circuit Court in Hilo.

Because Deutsche Bank refused to file the insurance claim, motions to dismiss with evidence were filed with the Third Circuit Court. The basis for the dismissals were that since Hawai‘i is under a prolonged and illegal occupation, the court, which is an American court, cannot claim to have authority in the Hawaiian Islands if Hawai‘i is not part of the United States. Despite having Judge Nakamura take judicial notice of the evidence and the attorneys for Deutsche Bank providing no counter evidence, Judge Nakamura denied the motion and eventually issued the orders for eviction. According to Kaiama, this is evidence of an unfair trial and pillaging because Deutsche Bank is attempting to seize property that they have no legal interest through a court that is illegal. Both unfair trial and pillaging are war crimes under Sections 8 and 9 of the German Code of Crimes against International Law.

On November 14, 2006, the Center for Constitutional Rights filed a war crime complaint with the German Federal Prosecutor against:

  • Former Secretary of Defense Donald Rumsfeld
  • Former CIA Director George Tenet
  • Undersecretary of Defense for Intelligence Dr. Stephen Cambone
  • Lieutenant General Ricardo Sanchez
  • Major General Walter Wojdakowski
  • Major General Geoffrey Miller
  • Colonel Thomas Pappas
  • Major General Barbara Fast
  • Colonel Marc Warren
  • Former Chief White House Counsel Alberto R. Gonzales
  • Former Assistant Attorney General Jay Bybee
  • Former Deputy Assistant Attorney General John Yoo
  • General Counsel of the Department of Defense William James Haynes, II
  • Vice President Chief Counsel David S. Addington

The complaint was filed under the same provisions of German law cited by Kaiama, but on April 27, 2007, the Federal Prosecutor announced she would not proceed to prosecute because in order for Germany to prosecute crimes committed abroad by foreigners against foreigners outside the country, there needs to be a domestic linkage. The defendants named in the complaint were not German, the victims were not German and there was no direct link to Germany. The Federal Prosecutor stated:

“The purpose of Sec. 153f StPO is to take account of the consequences for the German justice system arising from the applicability of universal jurisdiction. The view that the most consistent possible worldwide prosecution of violations of international criminal law should be ensured militates in favor of carrying out investigations. On the other hand, it is necessary to counteract the danger that complainants will seek out certain states as sites of prosecution—like Germany in this case—that have no direct connection with the acts complained of, simply because their criminal law is favorable to international law.”

Unlike the Rumsfeld complaint, the Hawaiian complaint has a “direct connection” to Deutsche Bank that is headquartered in the city of Frankfurt, Germany, and the German “prosecution of violations of international criminal law should be ensured militates in favor of carrying out investigations.” Kaiama has requested arrest warrants be issued for the following individuals:

  • Jürgen Fitschen, Co-Chief Executive Officer of Deutsche Bank
  • Anshu Jain, Co-Chief Executive Officer
  • Stefan Krause, Chief Financial Officer
  • Stephan Leithner, Chief Executive Officer Europe (except Germany and UK), Human Resources, Legal & Compliance, Government & Regulatory Affairs
  • Stuart Lewis, Chief Risk Officer
  • Rainer Neske, Head of Private and Business Clients, and
  • Henry Ritchotte, Chief Operating Officer
  • Greg K. Nakamura, Circuit Court Judge
  • Charles R. Prather, attorney for Deutsche Bank
  • Sofia M. Hirosone, attorney for Deutsche Bank
  • Michael G.K. Wong, attorney for Deutsche Bank

Kaiama also calls for those alleged defendants in Hawai‘i “be extradited to Germany for prosecution to the full extent of the law under the Treaty between the United States of America and the Federal Republic of Germany concerning Extradition that has been in force since August 29, 1980.” Kaiama also requests “immediate formal action be taken by the office of the prosecutor to have Deutsche Bank cease and desist the impending actions of Lt. Patrick Kawai, State of Hawai‘i Department of Public Safety Sheriff’s Department, to include his superiors and his deputies, to remove my clients from their home.” Kawai has already been reported to the Philippine Government for the war crime of pillaging a Filipino citizen’s property in Kona, Island of Hawai‘i.

OHA Trustee Apoliona, among Others, Reported for War Crimes by Filipino Citizen

Press Release

KAILUA, O‘AHU, August 26, 2013 — On August 15, 2013, a complaint for war crimes was filed with the Philippine government on behalf of my client, Mrs. Maria Alma Pilapil, pursuant to Philippine Republic Act no. 9851 (2009), known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity,” with the Philippines Consulate in Honolulu. The complaint alleges that the war crimes of “unfair trial” and “pillaging” were committed against Mrs. Pilapil by Circuit Judge Ronald Ibarra, Bank of Hawai‘i officers and directors Peter M. Biggs, Sharon M. Crofts, Wayne Y. Hamano, Kent T. Lucien, Mark A. Rossi, Mary E. Sellers, Donna A. Tanoue, Haunani Apoliona, Mary G.F. Bitterman, Mark A. Burak, Michael J. Chun, Clinton R. Churchill, David A. Heenan, Peter S. Ho, Robert Huret,  Martin Stein, Donald M. Takaki, Barbara J. Tanabe, Raymond P. Vara, Jr., Robert W. Wo, and Alton T. Kuioka. Also named in the complaint is Mitzi A. Lee, attorney for Bank of Hawai‘i, attorney Robert D.S. Kim, Kevin Shiraki, Jeannie Jorg Domingo, and Lieutenant Patrick Kawai of the State of Hawai‘i Department of Public Safety Sheriff’s Department, Hawai‘i Division, to include his superiors and deputies.

When Mrs. Pilapil, also known as Maria Alma Barbaso Schwartz, wife of Stephen Michael Schwartz, a U.S. citizen, took out a loan from Bank of Hawai‘i with her husband, Bank of Hawai‘i required the Schwartz’s to purchase a title insurance policy in the amount of the money borrowed, which was $1,499,999.00. The Schwartz’s paid a premium of $3,735.00 to Title Guaranty of Hawai‘i. Title insurance insures the accuracy of the title search done by Title Guaranty of Hawai‘i, and if the search is inaccurate and the title to the property is defective, the insurance pays off the balance of the loan. Evidence of a defect in title produced by Laulima Title Search and Claims, LLC, was provided to Bank of Hawai‘i, but it was willfully disregarded and the foreclosure proceedings continued.

A motion to dismiss was filed during the foreclosure proceedings based on evidence that the court is unlawful, under both international law and United States constitutional law, as a result of the United States illegal overthrow of the Hawaiian Kingdom government on January 17, 1893, and its prolonged and illegal occupation since the Spanish-American War in 1898. Mitzi Lee, attorney for Bank of Hawai‘i, provided no rebuttal evidence, and, without cause, Judge Ronald Ibarra denied the motion. This action constituted an “unfair trial” and a criminal complaint was filed with the Hawai‘i Police Department and the International Criminal Court. On June 29, 2013, Bank of Hawai‘i “pillaged” my clients’ property with the assistance of Lieutenant Kawai of the State of Hawai‘i Sheriff’s Department. The eviction was based on an unlawful order stemming from a court that did not have lawful authority in the Hawaiian Islands. My clients’ possession was valued at $2.2 million dollars.

In 2009, the Congress of the Philippines enacted the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. In this Act the “State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined and penalized in this Act, regardless of where the crime is committed, provided…the accused has committed the said crime against a Filipino citizen.” The war crimes of “unfair trial” and “pillaging” are punishable offenses under the Act, and since the alleged crimes were committed outside of Philippine territory the alleged perpetrators are subject to extradition to the Philippines under the 1994 U.S.-Philippines Extradition Treaty (1994 U.S.T. Lexis 185). According to the Act:

“The most serious crimes of concern to the international community as a whole must not go unpunished and their effective prosecution must be ensured by taking measures at the national level, in order to put an end to impunity for the perpetrators of these crimes and thus contribute to the prevention of such crimes, it being the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes.”

Once the warrant for war crime(s) have been charged, my client demands the alleged perpetrators be extradited to the Philippines for prosecution to the full extent of the law.

Proclamation by the acting government of the Hawaiian Kingdom

PROCLAMATION

August 21, 2013

Whereas, the Hawaiian Kingdom existed as an independent State in the nineteenth century, as acknowledged by the Permanent Court of Arbitration in 2001 by dictum in Larsen v. Hawaiian Kingdom, and that international law provides for the presumption of the Hawaiian State’s continuity, which may be refuted only by reference to a valid demonstration of legal title, or sovereignty, on the part of the United States, absent of which the presumption remains;

Whereas, because there exists no valid demonstration of legal title, or sovereignty, on the part of the United States over the Hawaiian Islands, all United States government agencies operating within the territory of the Hawaiian State that was established by the United States Congress, which includes the State of Hawai‘i and County governments, are self-declared and their authority unfounded;

Whereas, Hawaiian subjects took the necessary and extraordinary steps, by virtue of the legal doctrine of necessity and according to the laws of the country and international law, to reestablish the Hawaiian government as it stood on January 17, 1893, in an acting capacity on February 28, 1997, in order to exercise the country’s preeminent right to self-preservation during an illegal and prolonged occupation by the United States of America since August 12, 1898;

Whereas, for the past 13 years, the acting government of the Hawaiian Kingdom has been vested with a prescriptive special customary right under international law to represent the Hawaiian State during this prolonged and illegal occupation by virtue of the legal doctrine of acquiescence, as well as explicit acknowledgment by the United States of America, and other States, of the acting government’s de facto authority before the Permanent Court of Arbitration, the United Nations Security Council, and the United Nations General Assembly;

Whereas, a Brief on the Continuity of the Hawaiian State and the Legitimacy of the acting government of the Hawaiian Kingdom can be accessed online at: http://hawaiiankingdom.org/pdf/Continuity_Brief.pdf.

Now, therefore, by virtue of the authority vested in the acting government, we do hereby declare, proclaim, and make known as follows:

  1. The laws are obligatory upon all persons, whether subjects of this kingdom, or citizens or subjects of any foreign State, while within the limits of this kingdom, except so far as exception is made by the laws of nations in respect to Ambassadors or others. The property of all such persons, while such property is within the territorial jurisdiction of this kingdom, is also subject to the laws (§6, Civil Code). The Hawaiian Civil Code, Penal Code and the 1884 and 1886 Session Laws can be accessed online at http://hawaiiankingdom.org/constitutional-history.shtml.
  2. The acting government of the Hawaiian Kingdom reclaims its sovereignty over all property within the territorial jurisdiction of this kingdom by virtue of its special customary right to represent the Hawaiian State during an illegal and prolonged occupation by the United States of America.
  3. As a result of Hawaiian law not being complied with since January 17, 1893, all titles to real estate within the territorial jurisdiction of this kingdom are invalid and void for want of a competent notary public and registrar for the Bureau of Conveyances (§1249, §1254, §1255, §1262, §1263, §1267, Civil Code). Remedy for these defects will take place in accordance with Hawaiian Kingdom law and the international law of occupation.

Peter Umialiloa SaiActing Vice Chair of the Council of Regency, and Acting Minister of Foreign Affairs

Archives Takes Wraps off 1898 Senate Transcript: Secret Debate on U.S. Seizure of Hawaii Revealed [Feb. 1, 1969]

1969_Article

Honolulu Star-Bulletin, Saturday, February 1, 1969

WASHINGTON (AP) – Now it can be told—what happened during the longest of three Senate sessions during the Spanish-American War, a debate over whether to take over Hawaii.

The debate of nearly three hours on that day—May 31, 1898—and in two secret sessions the previous month had remained locked up until last week. Then at the request of a historian who noted gaps in the Congressional Record, the Senate passed a resolution authorizing the National Archives to take the wraps off the debate transcript.

The government’s only explanation for the long suppression of the debate records is that they had been long forgotten.

THE SECRECY WAS clamped on during a debate over whether to seize the Hawaiian Islands—called the Sandwich Islands then—or merely developing leased areas of Pearl Harbor to reinforce the U.S. fleet at Manila Bay.

Sen. Henry Cabot Lodge, grandfather and namesake of the current chief U.S. peace negotiator in Paris, had the floor. He was pleading for all war measures and particularly for the dispatch of reinforcements to Adm. George Dewey who already had destroyed the Spanish fleet in Manila Bay.

But before Lodge could press his case for the need of Hawaii as a rear base, Sen. David Turpie of Indiana demanded and got the Senate chamber cleared. Even the official reporter of debate was expelled for five minutes.

Study of the transcripts is unlikely to add more than a minor footnote to history, for as Lodge contended during the debate:

“I do not know anything that would give them (the enemy) any information,” because “there is nothing, nothing not already in the newspapers.”

LODGE COMPLAINED BITTERLY at the time about the secrecy, but his peers went along with Turpie and Sen. Georg Gray of Delaware, who questioned the “propriety” of public utterances “addressed to the ears of the enemy.”

Going further, Sen. Eugene Hale of Maine declared that the Senate is “the last place in which to discuss what shall be done about war,” for its word “goes on the wing of the lightning to every part of the globe.”

Lodge said Dewey’s need for reinforcement was urgent because “great and powerful interests in Europe (Paris bankers holding Spanish loan bonds) are directly interested in having Manila wrested from him and his fleet destroyed.”

Sen. William Stewart of Nevada saw “no possible secrets involved in the discussion of the annexation of the Sandwich Islands.” He contended the Navy required a coaling station for its ships and a “residing place” for the men enroute to the Philippines.

PEARL HARBOR, ALREADY UNDER LEASE, Stewart argued, wouldn’t be much use until costly dredging operations opened the entrance channel. “Either we must have the Sandwich Islands,” he declared, “or the administration must recall Dewey.”

The senate was unimpressed by the argument of Sen. Richard F. Pettigrew of South Dakota that the great circle route to Manila, skirting the Aleutian Islands, was 500 miles shorter than the route through Honolulu.

He argued that many warships and fortifications could be built with $10 million proposed to be “thrown away in the interest of a few sugar planters and adventures in Hawaii,” and asked: “Why embarrass that feeble republic, or monarchy, or oligarchy or whatever it is, with our presence?”

Sen. John T. Morgan of Alabama was concerned about the bubonic plague, cholera, yellow fever, small pox and “all the horrible diseases to which humanity is incident” prevailing in the Philippines. Therefore, “we cannot refuse to men going there a stopping place on the salubrious islands of Hawaii.”

Sen. Benjamin Tillman of South Carolina had the last word about the islands, saying “is not Hawaii lying there praying to the United States: ‘Please come and swallow me and pay the $4 million you promised.’”

THE UNITED STATES ANNEXED the Hawaiian Islands five weeks after the debate. But before the Senate reopened its doors that day, Morgan steered the discussion back to Cuba, the original cause of the war with Spain.

The first secret session, April 25, 1898, involved technical and emotional debate over wording of the declaration of war and why it or some accompanying resolution did not formally recognize the independence of Cuba or at least declare the Cubans to have the rights of belligerents in the conflict.

THE SENATE ENDED UP BY ACCEPTING the House passed version reading that “war and the same is hereby declared to exist and that war has existed since the 21st of April”—four days earlier.

Dropped from the final declaration was a Senate proposed tagline requiring the administration to “prosecute said war to a successful conclusion.”

Sen. Stephen White of California joined the unanimous vote for war “even with that mild prevarication” about when the war started.

1893 Executive Agreements and Their Profound Impact Today

On March 15, 2013, at the Keauhou Sheraton Hotel on the Island of Hawai‘i, Dr. Keanu Sai gave a presentation that provides a political science perspective of Hawaiian history that incorporates law on the repercussions of the illegal overthrow of the Hawaiian Kingdom government in 1893, and the effect of two executive agreements between Queen Lili‘uokalani and President Grover Cleveland that mandated the United States to administer Hawaiian law, restore the government, and thereafter the Queen to grant amnesty to the insurgents. The United States seizure of the Hawaiian Islands since 1898 and its willful violation of these agreements and international law have now given rise to war crimes that have and continue to be committed on a monumental scale. The presentation was sponsored by the Keauhou-Kahalu‘u Education Group, Kamehameha Schools, University of Hawai‘i at Hilo Kīpuka Native Hawaiian Student Center, Eia Hawai‘i Lecture Series, Keauhou Beach Resort, and The Kohala Center.

Dr. Sai received his Ph.D. in political science from the University of Hawai‘i at Manoa specializing in international relations and public law. His research specifically addressed the legal and political history of the Hawaiian Islands since the eighteenth century to the present. Dr. Sai has authored several law journal articles on the topic of the continuity of Hawaiian Kingdom as a sovereign state, is the author of a new history book titled “Ua Mau Ke Ea: Sovereignty Endures,” and served as lead agent for the Hawaiian Kingdom in arbitration proceedings before the Permanent Court of Arbitration, The Hague, Netherlands, in Lance Larsen v. Hawaiian Kingdom (1999-2001).

Speech of Dr. G. P. Judd at the Celebration – July 31, 1865

A1C65120A38111DCTwenty years ago, Kauikeaouli emerged from the grounds of Kanaina; he and Kekuanaoa, Paki, Keoniana, Kanoa, Kivini, and some foreigners on horseback, and they rode for Kulaokahua.

Admiral Thomas was there with his troops and mounted guns in all his grandeur, and also there were the young chiefs, and a crowd of natives and foreigners awaiting the arrival of the King.

When he arrived, Admiral Thomas came to him holding the Hawaiian flag in his hands. The King and all his people dismounted and the Admiral came and opened the flag to the wind, and then gave it to Kauikeaouli’s flag bearer.

Right then, 21 mounted guns fired as a salute to the Flag, and the British flag was lowered on Puowaina, while the Hawaiian flag was drawn up again, whereupon 21 guns of Puowaina sounded. Then the British flag was pulled down at the Fort and the Hawaiian flag was raised, so the Fort fired a 21 gun salute, followed by 21 guns from the ship Carysfort, 21 from the Dublin, 21 more from the Hazzard, and then the American ship Constellation fired a 21-gun salute. When that was over, the 21 mounted guns fired a salute in honor of the King.

The British soldiers stood in a circle saluting the King, and when that was done the King returned to the palace. At 3[1] o’clock the King, his soldiers and the crowd of people all went to the church of Kawaiaha’o and gave thanks to God for his grace in restoring the sovereignty of the Nation.

At three o’clock, the King went aboard the ship Dublin to a dinner hosted by the Admiral, and when the Carysfort saw the King’s flag on the launches, a 21-gun salute was fired, followed by 21 guns from the Hazzard, then the Dublin, and then a final 21 gun salute came from the Constellation.

When the dinner on board the ship was finished, the King and his retinue came ashore and the Dublin fired a salute, followed by the Carysfort, then the Hazzard and the Constellation, 21 guns each.

The next day the great feast at Luakaha was held for the Admiral, and Kauikeaouli decided that the 31st of July would become a holiday for the Nation and the people. What was the reason for this great festivity?

What was the reason for the resounding of 315 guns, startling the mountains and roiling the seas? It was because the flag, once pulled down, had been raised up again.

I should perhaps recount the source of this entanglement. It was the desire of British foreigners here ashore for Britain to take this island chain. It would not then remain independent, so Consul [Charlton] sought to petition the Admiral, whereupon the Admiral ordered Lord George Paulet to sail here to Hawaii and do everything according to the terms of the Consul, and he intended to take the land by war, but, the King gave in advance the sovereignty of the land to the two of them, so as to escape battle, in the manner of a mortgage until such time as the British government could decide about the entanglements that the foreigners had made up.

The Admiral perhaps recognized his own entanglement because of the transfer to George Paulet under Consul, therefore he was concerned and restored the sovereignty of the Nation.

Therefore, the chiefs and the common people are joyful on this day because of the victory of righteousness over wrong, and the religious ones praise God, their Savior, for allowing them not to live as prisoners under Britain. Glory! Glory!! Glory!!!

Speech of His Highness William Charles Lunalilo at the Celebration – July 31, 1865

LunaliloLadies and Gentlemen:

This is the day we commemorate the return of the Hawaiian Flag by Admiral Thomas. Twenty-two years have passed since that officer arrived at these shores, restoring the Flag to our King and the nation. Our hearts were filled with joy on that day that is forever remembered, and many tears were shed, not from sadness, but from joy. How very different from the previous February 25. I recall what I saw as I stood in the grounds of the old Fort with our current King and his younger brothers, now deceased; we witnessed our Flag being brought down. On that day, these islands were surrendered to the Crown of Great Britain, and on that day the flying star flag of Albion waved victoriously over these Islands. Many here probably heard the short speech King Kamehameha III gave regarding that event.

“Attention, Nobles, people, and subjects from my ancestors’ time, as well as those of foreign lands! Pay heed all of you! I say to you all that I am in distress as a result of predicaments into which I have been drawn without cause, therefore I have surrendered the sovereignty of our land, and so you should all heed that! However, my reign over all of you, my people, and your rights, will continue because I am hopeful that the sovereignty of the land will yet be restored, if my actions are just.”

That speech by the King to his people was short, but important nonetheless. He expressed his sadness about what he had seen. There were many tears that day. Those were dark and fearful days. The entire nation mourned during those months of investigation, thinking that the government might have been lost for all time to the hands of a foreign power. For five long months all remained calm, as at the outset, and on the 31st of July, the day we now commemorate, we saw “the flag for which they had dared for a thousand years to valiantly face war and the wind” brought down by one of the own sons of England.

As Doctor Gulick clarified, “America gaining independence was not something that simply came to be, nor was it some short-lived foolishness. Instead, it was something that came about and will be remembered for centuries, and is something that will continue on into the future.” The same is true of this, our restoration day, it is not something that just came to be. Admiral Thomas did not simply come here regarding trouble that was occurring and seek the facts as they have done before, but he heard, from a high-level source, of actions happening between this Government and those under its domain. He carefully considered it, and the setting was perfectly clear to him prior to his sailing here and his return of the land to its King who had acted justly. The people (though I speak as an individual) had acted appropriately, were thoughtful and vigilant in the workings of the Government, and if they had spoken or acted irresponsibly, they would certainly have incurred the wrath of the opposition. Something real that was witnessed was whether the assets that the nation had entrusted to someone in a certain department would continue to exist. It was assumed they had not. The books of every kind, which were critical, were taken away from the offices and hidden, then taken to the Royal Crypt, there to be left among the residents of that eerie place. Night and day, the work was carried out there, and the casket of Good Ka’ahumanu became the desk for writing.

But the sun rose again, brighter than ever. The hopes of the good and benevolent Kauikeaouli were fulfilled (you will likely never forget the short speech he gave with the wishes for his people on the day he surrendered the land to Great Britain, and his hopes that once his actions on behalf of his Kingdom were justified, it would be restored to him as before). At this time, we are an independent modern nation, and we are seen as such, and though we have only recently emerged from darkness into enlightenment, our status has grown, and continues to expand through righteousness.

Each of the many peoples of the earth has things of which they may be proud. England has promoted its powerful navy and through its colonies all around the world (and it is said to be true) the sun never sets on its bounds. France glorifies its Bonaparte, and the way all of Europe trembled while that soldier of a hundred wars sat on the French throne. Rome prided itself on its strength and its wealth. The United States of America was boastful that when it moved toward liberty, it gained its independence, and in recent years, stamped out both rebellion and slavery, never to rise again. Of what do we boast? I say sincerely, indeed there is something, for in the few, short years since the light of God’s word reached our shores, the tree of knowledge and wisdom has been planted, the roots have expanded out, the branches have spread wide, and now its fruits are being sent out among the benighted peoples of this great Pacific Ocean. The brightness of our enlightenment grows every day, and I am proud to say that we are assuming a position among the learned and civilized peoples of the world. I call this the true beauty of this land, Hawai’i.

As a closure to my reflections, I say that we should give our love to Him, the Judge of all things, because of his love for us, in our hours of strife and in times of good fortune and joy.

“May God Save The King With His Eternal Love.”

National Holiday – Restoration Day (July 31)

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.

Hawai‘i’s Lawful Status Educating Our Community

In this edition of “Kanaka Express,” the host, Kale Gumapac, asks Dexter K. Kaiama, Esq. to elaborate on the points he brought up when he was on a panel hosted by Dan Boylan on PBS television called “Insights.” With Kaiama is another guest of the show Dr. Keanu Sai who is a political scientist specializing in international relations and public law.

PBS Hawai‘i – Insights: Native Hawaiian Sovereignty

Dan Boylan asks, “Is an independent Native Hawaiian government within reach?” To date, no sovereignty effort has managed to truly galvanize the Native Hawaiian population. Now armed with the state’s approval, the Native Hawaiian Roll Commission has high hopes that will change. However, the commission is falling far short of its yearlong goal of signing up 200,000 eligible Hawaiians to help establish an independent government. Will a six-month extension change the tide and bring Native Hawaiians closer to self-governance?

Dan Boylan hosts a discussion with the following scheduled guests: Sen. Clayton Hee, Chairman of the State Senate Judiciary and Labor Committee; Dexter Kaiama, Honolulu Native Hawaiian rights attorney; Esther Kiaaina, Deputy Director of the Department of Land and Natural Resources; and Former Gov. John Waihee, Chairman of the Native Hawaiian Roll Commission.

The Hawaiian National Flag and Royal Flag

Another example of misinformation centers on the Hawaiian national flag. Lately, there is a common misunderstanding that the current flag that has the Union Jack at the top left corner is not Hawaiian, but rather British that was imposed here in the islands in 1843 by British Naval Officer Lord Paulet. According to the story published in the Honolulu Adverstiser in 2001, Gene Simeona of Honolulu, stated “he resurrected the ‘original’ Hawaiian green, red and yellow striped flag, destroyed by British navy Capt. Lord George Paulet when he seized Hawai‘i for five months in 1843.” Sonoda calls this flag the Kanaka Maoli flag.

Kanaka Maoli Flag

A very simple way to falsify or refute this claim is to show that the flag with the Union Jack existed before 1843. There is a lot of evidence that refutes this claim such as ship logs of foreign ships that visited the islands since 1816, which is the date the flag was created by order of Kamehameha I. Below are two portraits painted around 1819. The first portrait was painted in 1819 of the baptism of Kalanimoku, the Hawaiian Kingdom’s former Prime Minister on board the French ship Uranie after the death of Kamehameha I, and the second portrait was done sometime after 1819 of the Hawaiian ship commanded by Captain Alexander Adams during the reign of Kamehameha II. Both ships had the presence of Kamehameha II.

Baptism of Kalanimoku

Hawn Flag (Adams Collection)

The second portrait is also called a flagship that has both the national flag and the royal flag. The royal flag, also called the royal ensign, is a flag that signals the presence of the Hawaiian monarch and in this portrait it signaled the presence of  Kamehameha II on board. The royal ensign also flies at the residence of the Hawaiian monarch and wherever the monarch travels.

Royal Ensign

Sonoda’s claim that the Union Jack symbolizes British colonialism in Hawai‘i is also not accurate, because Kamehameha I joined the British Empire voluntarily, along with his principle chiefs, on February 25, 1794, when Kamehameha entered into an agreement with British Captain George Vancouver. The agreement provided that the British government would not interfere with the kingdom’s religion, government and economy—“the chiefs and priests, were to continue as usual to officiate with the same authority as before in their respective stations.”

If the island Kingdom of Hawai‘i was colonized, Kamehameha would not have maintained the status of King, but would have been replaced by a British Governor-General. Queen Victoria recognized the Hawaiian Kingdom as an independent and sovereign State on November 28, 1843 after Lord Paulet’s seizure from February to July 1843. Therefore, Sonodo’s other claim of Lord Paulet’s seizure is true, but there is no evidence that the green, red and yellow striped flag ever existed.

The Polynesian Kingdom of Atooi

We’ve received many inquiries requesting commentary on the Polynesian Kingdom of Atooi because of the recent news conference at the United Nations Indigenous Forum as well as local news coverage. The purpose for this blog entry is to correct historical inaccuracies especially in light of legal matters now before the United Nations General Assembly,  the International Criminal Court, and State of Hawai‘i Courts.

The term “Atooi” is not a Hawaiian word, but rather a British word spelled out with British phonics. The word “Attooi” was first uttered by the crew of Captain James Cook’s Third Voyage when his ships arrived in the Islands in 1778. Today we call these islands the Hawaiian Islands, but in 1778 there were four separate and distinct kingdoms: Islands of Kaua‘i and Ni‘ihau under Ka‘eo; Islands of O‘ahu and Molokai under Kahahana; Islands of Maui, Lanai and Kaho‘olawe under Kahekili; and the Island of Hawai‘i under Kalaniopu‘u.

Cook was tasked by the British Admiralty to map the Pacific Islands and find the northwest passage that could link the north Pacific Ocean with the north Atlantic Ocean. Cook was not only a British explorer, but also cartographer, which is a map maker. Cook sailed north from the Island of Borabora in the Society Islands on December 9, 1777 and came upon the Island of O‘ahu on a Sunday on January 19, 1778, and soon after came upon the island of Kaua‘i the next day. His first encounter with the natives in canoes took place off the coast of Kaua‘i, where they bartered fish and vegetables for nails and iron. According to Cook’s journal (p. 221), “Their language differed from that of every other people we had before visited; but we had learnt to converse by signs, and very soon made ourselves understood.”  It was probably at this point that the natives were asked what was the name of the island in order to map it, and to the British ear they spelt what they heard using British phonics–Atooi (Kaua‘i). It wasn’t until after 1820 that Hawaiian phonics was formally established through collaboration of the missionaries and Hawaiian chiefs.

The first publication of the island names using British phonics was published in London in 1781 titled “Journal of Captain Cook’s Last Voyage to the Pacific Ocean on Discovery,” identifying the Island of Hawai‘i as “O-why-e,” the Island of Maui as “Maw-whee,”  the Island of O‘ahu as “O-aa-ah,” and the island of Ni‘ihau as “Ne-hu.” Three years later, the island names were refined using British phonics in the first map of the islands published in London in 1784. On this map the islands were named oWhyhee (Hawai‘i), Mowee (Maui), Tahoorowa (Kaho‘olawe), Ranai (Lanai), Morotoi (Molokai), Woahoo (O‘ahu), Atooi (Kaua‘i), and Oneeheow (Ni‘ihau). Later maps using the British names of the islands were published in the French and German languages.

Cook's map

On the Polynesian Kingdom of Atooi website, it is claimed that “Atooi” is translated in the native language to mean “Light of God,” but this is not correct because “Atooi” is not a Hawaiian word, but rather a British version of a Hawaiian word spelled using British phonics. The website also claims “Atooi was the ancient name for, Hawaii, the head [po’o] of the Polynesian Triangle.” This is also not correct because the word is not ancient, but rather  a British invention by Captain Cook’s crew.

It has also been commonly stated that Kaua‘i was never conquered by Kamehameha. Yes this is true, but it was conquered by Ka‘ahumanu who was serving at the time as Regent while Kamehameha II was in London. After Kahekili invaded and conquered the O‘ahu Kingdom in 1783, there were no longer four separate kingdoms, but now three. In 1795, Kamehameha, successor to Kalaniopu‘u, invaded and conquered the Maui Kingdom, and in 1810, Kaumuali‘i, successor to Ka‘eo of the Kaua‘i Kingdom, peacefully acknowledged Kamehameha as his superior, thereby consolidating all of the former kingdoms into the Kingdom of the Sandwich Islands. On August 8, 1824, the Kaua‘i chiefs unsuccessfully rebelled under the leadership of George Humehume, successor and son of Kaumuali‘i, the late King of Kaua‘i. Humehume was removed to the Island of O‘ahu under the watch of Kalanimoku, the Prime Minister, and all of the Kaua‘i chiefs were dispersed throughout the islands and the lands were seized by Hawai‘i Islands chiefs.

Additional blog entries will address misinformation on the Hawaiian national flag, the United Nations Forum on Indigenous Peoples, and the United Nations list of non-self-governing territories.