By What Authority is the U.S. Department of Interior In Hawai‘i?

JewellThe U.S. Department of Interior (DOI) will be in the Hawaiian Kingdom holding public meetings throughout the Islands from June 23 to August 8, 2014 to get responses from the Native Hawaiian community to consider reestablishing a government-to-government relationship between the United States and the Native Hawaiian community. Secretary of the Interior Sally Jewell who visited the country last year heads the DOI.

In a press release of June 18, 2014, the DOI stated, “The purpose of such a relationship would be to more effectively implement the special political and trust relationship that currently exists between the Federal government and the Native Hawaiian community. Today’s action, known as an Advanced Notice of Proposed Rulemaking (ANPRM), provides for an extensive series of public meetings and consultations in Hawaii and Indian Country to solicit comments that could help determine whether the Department develops a formal, administrative procedure for reestablishing an official government-to-government relationship with the Native Hawaiian community and if so, what that procedure should be.”

“When I met with members of the Native Hawaiian community last year during my visit to the state, I learned first-hand about Hawaii’s unique history and the importance of the special trust relationship that exists between the Federal government and the Native Hawaiian community,” said Secretary of the Interior Sally Jewell. “Through this step, the Department is responding to requests from not only the Native Hawaiian community but also state and local leaders and interested parties who recognize that we need to begin a conversation of diverse voices to help determine the best path forward for honoring the trust relationship that Congress has created specifically to benefit Native Hawaiians.”

At the center of the public meetings are five “threshold questions” for the community to respond to:

  1. Should the Secretary propose an administrative rule that would facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community?
  1. Should the Secretary assist the Native Hawaiian community in reorganizing its government, with which the United States could reestablish a government-to-government relationship?
  1. If so, what process should be established for drafting and ratifying a reorganized Native Hawaiian government’s constitution or other governing document?
  1. Should the Secretary instead rely on the reorganization of a Native Hawaiian government through a process established by the Native Hawaiian community and facilitated by the State of Hawaii, to the extent such a process is consistent with Federal law?
  1. If so, what conditions should the Secretary establish as prerequisites to Federal acknowledgment of a government-to-government relationship with the reorganized Native Hawaiian government?

The DOI stated, “Over many decades, Congress has enacted more than 150 statutes that specifically recognize and implement this trust relationship with the Native Hawaiian community, including the Hawaiian Homes Commission Act, the Native Hawaiian Education Act, and the Native Hawaiian Health Care Act. The Native Hawaiian community, however, has not had a formal governing entity since the overthrow of the Kingdom of Hawaii in 1893. In 1993, Congress enacted the Apology Resolution which offered an apology to Native Hawaiians on behalf of the United States for its role in the overthrow and committed the U.S. government to a process of reconciliation. In 2000, the Department of the Interior and the Department of Justice jointly issued a report on the reconciliation process that identified self-determination for Native Hawaiians under Federal law as their leading recommendation.”

A careful review of the joint report by the DOI and the Department of Justice, the report acknowledges that the Hawaiian Kingdom was a recognized sovereign and independent State. “The United States clearly viewed the Kingdom of Hawai‘i as an independent nation as evidenced by the negotiation and signing of several treaties (p. 22).” The report also acknowledges President Cleveland’s withdrawal of the first treaty of annexation entered into with the so-called provisional government and President Harrison’s administration; the subsequent investigation, which concluded the provisional government was self-proclaimed and that the United States was responsible for the illegal overthrow of the Hawaiian government; and the executive agreement between the Queen and the President whereby the U.S. would restore the government and the Queen to grant amnesty.  “President Cleveland did not desire, nor did he have the support of Congress, to engage United States military forces to declare war against the American citizens who controlled the Provisional Government (p. 28).” This was an act of non-compliance to the agreement of restoration, which allowed the insurgents to maintain unlawful control.

The report also acknowledges the failure of the second treaty of annexation entered into between the insurgency, calling themselves the Republic of Hawai‘i, and President McKinley, which resulted in Congress passing a joint resolution instead. The reported stated:

“With the election of President McKinley in 1896, the pro-annexation forces gained strength. The Republic of Hawai‘i continued to push for annexation although many Native Hawaiians were opposed. In September 1897, the “Petition against the Annexation of Hawaii Submitted to the U.S. Senate in 1897 by the Hawaiian Patriotic League of the Hawaiian Islands”, expressed the views of Native Hawaiians. The petition, signed by 21,169 people (more than half of the Native Hawaiian population) from Kaua‘i, Maui, Hawai‘i, Moloka‘i, O‘ahu, Lana‘i, and Kaho‘olawe provides evidence that Native Hawaiians were against annexation and wanted independence under a Monarchy (p. 29).”

“Consistent with the wishes expressed by Native Hawaiians, the Treaty of Annexation failed to pass the United States Senate by a two-thirds majority vote. However, by 1898, with the outbreak of the Spanish-American War in both the Pacific and Caribbean, the Newlands Joint Resolution of Annexation (Annexation Resolution) was offered by the pro-annexation forces and passed by a simple majority of the United States Senate and House of Representatives, thus becoming the instrument used to effect the annexation of the Republic of Hawai‘i. The constitutionality of the use of a Joint Resolution in lieu of a Treaty to annex Hawai‘i was a contentious issue at the time (p. 30).”

From this point the report continues a narrative of historical events to the present day that “assumes” the joint resolution of annexation extinguished the Hawaiian Kingdom as an independent and sovereign State. To support this erroneous position, the report restates a section of the 1993 Apology resolution, “Whereas the Newlands [Annexation] Resolution effected the transaction between the Republic of Hawai‘i and the United States Government (p. 30).” This resolution is problematic on two points: first, as an act of Congress the resolution has no effect beyond United States territory; and, second, the Republic of Hawai‘i was not a government, but self-declared, which the Apology resolution admitted.

What the report conveniently omits is the conclusion of the Department of Justice’s Office of Legal Counsel opinion on the “Newlands [Annexation] Resolution” in its 1988 Opinion “Legal Issues Raised by Proposed Presidential Proclamation To Extend the Territorial Sea.”  Douglas Kmiec, Acting Assistant Attorney General, authored the memorandum for Abraham D. Sofaer, legal advisor to the U.S. State Department. The Opinion states that the “clearest source of constitutional power to acquire territory is the treaty making power (p. 247).” When it came to Hawai‘i, however, Kmiec had a difficult time explaining how the Congress could acquire territory by a joint resolution. Kmiec referenced a U.S. constitutional scholar, Professor Willoughby, who stated:

“The constitutionality of the annexation of Hawaii, by a simple legislative act, was strenuously contested at the time both in Congress and by the press. The right to annex by treaty was not denied, but is was denied that this might be done by a simple legislative act… Only by means of treaties, it was asserted, can the relations between States be governed, for a legislative act is necessarily without extraterritorial force—confined in its operation to the territory of the State by whose legislature it is enacted (p. 252).”

After covering the limitation of Congressional authority and the objections made by members of the Congress, Kmiec concluded, “It is therefore unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution. Accordingly, it is doubtful that the acquisition of Hawaii can serve as an appropriate precedent for a congressional assertion of sovereignty over an extended territorial sea (p. 252).” There has been no followup opinion from the Department of Justice’s Office of Legal Counsel since 1988 that qualified how Congressional legislation could annex foreign territory. If the Department of Justice was unclear as to which constitutional power Congress exercised in 1898 when it purported to have annexed Hawaiian territory by joint resolution, it should still be unclear as to how Congress “has enacted more than 150 statutes that specifically recognize and implement this trust relationship with the Native Hawaiian community, including the Hawaiian Homes Commission Act, the Native Hawaiian Education Act, and the Native Hawaiian Health Care Act” stated in its press release.

It is clear that the Department of Justice had this information since 1988, but for obvious reasons did not cite that opinion in its joint report with the DOI that covered the portion on annexation (p. 26-30). To do so, would have completely undermined all the statutes the Congress has enacted for Hawai‘i, which would also include the lawful authority of the State of Hawai‘i government itself since it was created by an Act of Congress in 1959.

This was precisely the significance of the Office of Hawaiian Affairs CEO Dr. Kamana‘opono Crabbe’s questions to Secretary of State John Kerry. Without any evidence that the United States extinguished the Hawaiian Kingdom as an independent and sovereign State under international law, the Hawaiian Kingdom is presumed to still be in existence and therefore under an illegal and prolonged occupation.

So before the “five threshold questions that will be the subject of the forthcoming public meetings regarding whether the Federal Government should reestablish a government-to-government relationship with the Native Hawaiian community” can be answered by the community, the only question that should be posed to the DOI at the public meetings is:

“Since the Department of Justice’s Office of Legal Counsel did not respond with evidence to the Office of Hawaiian Affairs CEO Dr. Kamana‘opono’s questions dated May 5, 2014 that the Hawaiian Kingdom does not exist as an independent and sovereign State under international law, I have to presume the Hawaiian Kingdom continues to exist. Therefore, my question to you is by what authority is the Department of Interior claiming to be here in Hawai‘i, being a foreign sovereign and independent State, since the Department of Justice has already concluded that Congress could not have annexed the Hawaiian Islands by a joint resolution?”

94 thoughts on “By What Authority is the U.S. Department of Interior In Hawai‘i?

  1. It will be useful also to have non ethnic Hawaiians also address this issue, as the US is intent on making this clearly an ethnic issue. It is time to engage far more of the broader population of Hawai’i with the sovereignty issue and to have far more recognize the value of regained full de facto sovereignty. The US is very good at “divide and conquer,” It is time to preempt that tactic by educating other ethnicities on this vital subject, and win them over as allies, not opponents.

    • Thanks Jon for pointing this out. As a Kingdom of Hawaii citizen of British birth l will answer your call and intend attending the meeting in Hilo with testimony along the lines described in the final paragraph above. This explanation says it all. Let the truth prevail.

  2. Big Mahalo for the break down and the one question that everyone should be asking the Department of Interior. Keeping it simple can work for everyone. By the admission of their own Department of Justice they have no authority and no jurisdiction.

  3. mahalo for this. it is by far the clearest, most comprehensive and in-depth explanation i’ve yet read of the circumstances surrounding the many important issues that confront all kanaka maoli in our pono struggle to restore our kingdom and nation.

    i just read a statement by the Free Hawai’i group that monday’s scheduled “public hearing” by the u.s. department of the interior at the state capitol to hear comment from kanaka maoli about the proposed rule regarding federal recognition of kanaka maoli as “a native american tribe” will not be open to the public.

    i’m planning on attending and signing up to speak at the hearing. what do you know about this rumor?

    mahalo,

    ponokeali’i

  4. How can DOI “RE-ESTABLISH” a government to government or nation to nation, or much less nation within nation buffoonery within and unto itself? The still-existing Hawaiian Kingdom was never established within the US nor under the DOI; therefore, we negotiate with the DEPARTMENT OF STATE (DOS) and not the DOI.

    If we look hard enough on different levels, I’m sure we will find many areas that the US is in breach of trust.

  5. It should now be perfectly clear that the U.S. has absolutely
    no authority within the Hawaiian Kingdom jurisdiction!

    Since the U.S. has absolutely no authority here in the Islands,
    what are they doing here? The U.S. cannot fix anything within
    the Hawaiian Islands without first demonstrating it has standing!
    The U.S. needs to take the proper steps to restore Hawaii nei
    and that’s all they can do! They need to begin talks with the
    acting Hawaiian Kingdom government NOW!

    OHA, with the exception of Kamana’opono (at least for now)
    and the TV news media are basically the biggest entities that’s
    pressing to preserve what the unlawful Provisional Government /
    Republic of Hawaii have created. The U.S., I believe, wishes
    this whole mess with Hawaii would just go away especially now
    that they have a U.S. President in office that adamantly defends
    the fact that he was born on Oahu, which is in fact on foreign soil!
    What a mess in deed!! A Presidential library in Kaka’ako? Is
    he even qualified to be a U.S. President under the U.S.
    constitution? Or, will that matter be like Kmiec stated, not sure
    what constitutional powers was implemented when Obama
    filed documents to run for the Office of the U.S. Presidency?

    The misleading U.S. apology back in 1993, limits their ability to
    do anything, they are teetering on a fence, do too much and they
    blatantly violate international law, not enough and they loose
    control. Now you can see why OHA (a U.S. puppet) has so much
    political power, having absolutely no authority to support its position!
    OHA is the fall guy for the U.S. OHA like Sanford Dole must succeed
    or they will have to answer to the Kingdom as the U.S. on an international
    level hopes to avoid any wrongdoing, after all they did apologized back in
    1993!
    No matter what way you choose to slice and dice up this atom the U.S. is
    involved in wrongdoing in Hawaiian Islands and that is the end of that!

    • kanekeawe,

      in my humble opinion, there’s only one thing that the u.s. needs to do and that is to leave Hawai’i NOW, COMPLETELY and FOREVER.

      if there’s one thing that kanaka maoli should have learned by now its that the american government can NEVER be trusted. all of their dealings with us have involved but american lies, treachery and deceit.

      the americans love breaking treaties, ask any native american, and they have no respect for the law or the sovereignty of other nations.

      the americans have been unlawfully occupying Hawai’i and oppressing kanaka maoli for more than 121 years. why should we negotiate with our occupier and our oppressor? what is their to negotiate?

      if you try to make a deal with the devil you will always get burned. i say NO DEALS, NO TALKS, JUST GET OUT AND NEVER RETURN !

      there is nothing the americans have that kanaka maoli need. get the americans out and we can restore our sovereign independence, reinstate our monarchy and free our people !

      keali’ipono

      • Yeah Kealiipono!!!! They cannot hold any hearings and they must begin to vacate but first implement hawaiian kingdom law. This is not a Kanaka Maoli situation, this is a Hawaiian Subject situation. That includes the entire population. Mahalo Everyone!!!!

        • I don’t see how in the world we can demand the US to leave ? I mean seriously people , their way of life, their protection, their businesses etc are all embedded into our day to day lives. What about the 80% of people living and owning property and businesses in Hawaii who are not ethnic hawaiian by blood? What are you going to demand them to leave as well? This genocide sounds no different the. Ethnic cleansing. So tell me please, as a hawaiian, what idiots are too to lead us then? What greedy monsters are gonna go murder some birds to create their false cloak of kingship ? I’m a native hawaiian but I don’t feel at all comfortable with your statement I don’t believe in our people who are misguided by greed, hate, and past torment Where are the infrastructures and Maps for the future of Hawaii ?
          All we I ever hear from people are how the Haole did this and that with no further reference to the great Mahele where the land was sold by our princes for greedy exchanges.
          Also once we are a kingdom who the hell is going to protect us? Iur 300 + pounds diabetic fee loading kanaka? You say the swedes but I’m talking about a real army You don’t think our islands are like gold for warfare ?

          I’m all for reestablishing the Hawaiian government but somewhere like on the big island Sorry that is my opinion. And I can guarantee you that those beautiful and expensive high rises that are owned by foreign people and companies, will not ,ale for a very happy invester.

          I just think this is all stupid and idiotic and very unrealistic. Instead of our state motto I think what it really means is that the hatred, the hurt, the anger is perpetuated by the people and generations until the end of time. That’s truly our motto

          • Kiana, it is clear that you are confused, missed informed and have a lot of educating to do. Go to “hawaiiankingdom.org” & “hawaiiankingdom org/blog” and read the various post. I am sure not only will you find the answers that you are looking for, but you will also become enlightened and better educated to the TRUTH.

          • Aloha, Kiana. I second what Dutchy said; you accusations are based on confusion, misinformation, and fear. I would recommend going to “Hawaiiankingdom.org” and start educating yourself about Hawaii’s legal history before making such accusations.

          • Aloha Kiana

            I don’t blame you.

            There are a lot of people, nations out there just like you. We were all taught the wrong history

            The truth is the HK Hawaii is a nation equal to Britain, France, the USA.

            The problem started in 1893 when the HK was invaded. The Queen yeilded her executive authority to the President to investigate. US apologized and promised to return the Queen back to the thrown. But nothing happened.

            In 1897 Ku’e Petitions ( look up your ohana) stopped the annexation. 1898 US annex it self and took over Hawaii.

            Today two things stands out. 1) there is NO TREATY, 2)1959 Statehood Act describing where the 50th State is there are no islands, the big island to niihau it ain’t in there???
            You will find it in the HK. We never transfer our national lands or our sovereignty to anyone.

            Btw our people never killed the birds, some birds only had three or four feathers. Each feather was prayed upon for guidedance for our na ali’i.

            Dutchys right its never to late to up date.

            Kiana come to the light

            Aloha

      • In short, I agree that the U.S. military needs to leave!
        What I hope they’ll do before they leave is to clean up the
        mess they created over the 121 years they’ve been here!

        The U.S. should be the ones to handle their own
        disgruntled citizens here in the Islands once they learn
        that title to lands transacted after January 16, 1893 are
        invalid!

        Imagine all the contracts entered into since January 16,
        1893, that will most likely be considered void ab initio!

        If everyone is considerate to our cause, okay!

        Not being negative, but not everyone will be okay with
        Hawaii being a sovereign independent nation state and
        for that, IMHO, we need the U.S. to control them. Not
        saying we’re giving in, but the Hawaiian Kingdom should
        be the one instructing (calling the shots) the U.S. military
        as to what they need to do without having to put anyone
        of us Hawaiians in harms way!

        As far as the DOI, they have absolutely no business here!

        I believe that OHA and the State of Hawaii should be
        immediately dissolved and certain employees working
        for the State of Hawaii and the United States to be
        immediately placed under arrest and prosecuted for
        war crimes committed in the Hawaiian Islands!

        My mana’o anyway!
        Hope it makes sense!

        Pau!

        I plan on being at the Tuesday, July 8, meeting on Maui,
        if you want to hook up let me know – Aloha

        • kanekeawe, with all due respect and imho i have to respectfully disagree with you. while i agree that the u.s. has much in the way of amends to make up for everything they’ve done to Hawai’i, the aina and the kai and the people i don’t think its a good idea to give them an excuse to have their foot in the door so that they can insinuate themselves back into Hawai’i.

          look at the example of the philippines. after the filipino people overthrew ferdinand marcos, their tyrannical, american puppet dictator, the people demanded that the american military get out of their country, which is an example of how easily the people can oust the american military. but since then the americans have slowly insinuated themselves back into the philippines.

          the americans government can NEVER be trusted. i’m in favor of a total ouster of the u.s. government and military followed by a constitutional ban on any direct diplomatic relations with the u.s. all diplomatic relations can be conducted through a neutral third party such as our potential protecting power, Switzerland.

          let’s be frank and honest, america has been fucking Hawai’i and every one of its citizens in the ass for more than 121 years now. why in the HELL would we want to keep them around to give them a second chance to fuck us in the ass even harder and deeper and longer. the next time you can be sure they won’t pull out.

          ponokeali’i

    • Imagine if they did ask us if we needed help HO BRADDAH talk about game over. By the way I keep asking this question and not getting an answer
      ” What’s the position on the Swiss govt becoming a protective power”? It will take something like that for things to change here. We are being listed as occupied in the war report.

      • The Swiss Government is still doing negotiations to become Hawaii’s Protecting Power. As much as I want to know when that will happen, we gotta be patient and continue to educate ourselves. The evidence is there and I have hope that it is coming! Just be patient

  6. “Since the Department of Justice’s Office of Legal Counsel did not respond with evidence to the Office of Hawaiian Affairs CEO Dr. Kamana‘opono’s questions dated May 5, 2014 that the Hawaiian Kingdom does not exist as an independent and sovereign State under international law, I have to presume the Hawaiian Kingdom continues to exist. Therefore, my question to you is by what authority is the Department of Interior claiming to be here in Hawai‘i, being a foreign sovereign and independent State, since the Department of Justice has already concluded that Congress could not have annexed the Hawaiian Islands by a joint resolution?”

    WELL SPOKE, Dr. Sai!! Listen and SAY those words of knowledge and power! If any one who attends these meetings talks about independence, federal recognition, or any of that American indoctrination-propaganda rubbish in general, you’re feeding them what they want to eat! And I DO NOT want to hear that rubbish (If I ever see this on video, that is)! What’s worst, you want this occupation to continue if you talk like that! You know all that federal recognition, independence, etc is a bunch of hullabaloo! What they DO NOT want to hear is that quote (for example). Ask yourself the right questions! Or I should say ask THEM the right questions! What Dr. Sai has been teaching all of you, take it into account, let the power of knowledge and wisdom of aloha guide you and do not stray into the dark side!

    For example, here is what I would say (In a summarize form, but would go into more details)
    “…….how come the questions in Dr. Crabbe’s letter that was sent to the U.S. Department of State has not been answered? Because as far as I know since that letter was sent on May 5, 2014, this is the only response we have gotten and that is not the questions Dr. Crabbe asked in his letter…….Can you explain why these questions have not been answered?”

    • So before the “five threshold questions that will be the subject of the forthcoming public meetings regarding whether the Federal Government should reestablish a government-to-government relationship with the Native Hawaiian community” can be answered by the community, the only question that should be posed to the DOI at the public meetings is:

      “Since the Department of Justice’s Office of Legal Counsel did not respond with evidence to the Office of Hawaiian Affairs CEO Dr. Kamana‘opono’s questions dated May 5, 2014 that the Hawaiian Kingdom does not exist as an independent and sovereign State under international law, I have to presume the Hawaiian Kingdom continues to exist. Therefore, my question to you is by what authority is the Department of Interior claiming to be here in Hawai‘i, being a foreign sovereign and independent State, since the Department of Justice has already concluded that Congress could not have annexed the Hawaiian Islands by a joint resolution?”

      Personally, I would like someone or a bunch of people to ask that question on these meetings!

  7. Dr. Sai is the EXPERT so, listen to what he has stated, include this information in your testimony both written and oral and stick to saying only what needs to be said. It is important that they get the message being: “By what authority is the Department of Interior claiming to be here in Hawaii”???

    Yes, we need to get as many people including our haole friends to attend these meetings and to testify. The DOI and the United States is trying to make this a race issue and it is not because Hawaiian was not a race, but a nation of people who pledged their allegiance to the Hawaiian Kingdom and called Hawaii home.

    THIS AFFECTS EVERYONE!!!

    KEEP YOUR TESTIMONIES SIMPLE AND TO THE POINT!!!

    EO…………..

  8. Thank you, Dr. Sai, for this and all you share with us.

    Pono Austin mentions Free Hawaii’s urging that we be mindful of DOI’s hearing protocol that will restrict any commentary to only responses to their 5 questions; and will stop and exclude any testimony they deem irrelevant.

    From a review of the DOI website > Office of Hearings and Appeals > Departmental Cases Hearings Division > Procedural Regulations for Cases before the Departmental Cases Hearings Division, the administrative hearing judge has authority to summarily stop and exclude testimony which they deem irrelevant and immaterial. All oral testimony would be under oath and subject to cross-examination. Though it does seem to provide the ability to enter into record written statement of excluded testimony as an offer of proof in rebuttal.

    I wonder if those with expert knowledge or experience in DOI hearing protocol can confirm. If yes, this may limit our comments to: “No, I protest this political procedure. The DOI has no authority to exercise such action.”

    These Procedural Regulations also include provisions for pre-hearing conferences limited to expert witnesses. That would track the June 23 ‘closed’ pre-hearing meeting Free Hawaii mentions will take place 9am – 12pm at the Hawaii State Capital Auditorium, and include testimony from Governer Abercrombie, the Danners, etc.

    With OHA deemed ineffective, here now is plan B and moving forward full steam ahead.

  9. I just love this blog 🙂

    “The TRUTH and nothing but the TRUTH so help me god” .

    All we need is one answer not more questions and we already got that answer back in 1988.

    I hope you’re following this blog.

    The world is here as well as your Indian Nations. Please help the Indian Nations help the whole and not the prevledge few. For they too love their Aina as much as we love our Aina. We all are connected spritualy and because of the earth changes our world needs Aloha.

    Our Nation is more than just Kanaka, there are many flowers that live here. Please help us end this myth we are living so we all can move forward.

    We have an Acting Govt that is in place and is Internationly known and they are teaching us the TRUTH.

    Mahalo Ke Akua

  10. Once the Hawaiian Kingdom is in charge
    why would you like the U.S. to leave
    Hawaii? MAKE’UM PAY!!!!

    We shouldn’t tell them don’t go away
    angery, just go away! Hell no!
    This should be a good indication to them
    that they GOING PAY!!!!

    I’m willing to forgive in my hart, that
    doesn’t mean we should relieve them from
    their sin! Just saying!!

    • the u.s. government and their military must leave Hawai’i because they don’t belong here. america and their military forces are the embodiment of much of the evil in the world. why would we want to defile our sacred aina with the presence of so much pure evil living in our midst ?

      when paiea kamehameha united Hawai’i under his singular rule he did it not for his own glory or wealth or power like his western royal counterparts. he united Hawai’i to end the constant internecine warring that had been plaguing our people for generations.

      every day that we allow the american killing machine to exist in our islands we defile his memory and the legacy that he left to us.

      we are kanaka maoli. we care nothing about the western obsession with money and wealth. such things are as alien to us as the concept of owning land or the one western god.

      our kupuna thrived for many, many millennia without the obsession or the greed for money. we would be well-advised to follow their lead and seek what is pono rather than to lust after america’s blood money.

      ponokeali’i

      • Aloha Ponokeali’i,

        I understand and respect your point of view, however It’s
        hard for me to believe that EVERY person you interacted
        with within the last 24 hours was of pure kanaka ancestry
        including members of your own family, nothing personal
        it’s just the way it is! What about your closest non-kanaka
        friend does he/she support your concept on how Hawaii
        should be? What will become of them? What if a kanaka
        were to tell them to get out of Hawaii because they’re not
        kanaka? If he/she is a descendent of immigrant ancestry
        to the Islands what country will you have them go back to?
        I am in no way trying to change your position just asking
        you to consider the reality of what has taken place over
        the past 121 years. Consider this blog, your computer,
        or perhaps the smart phone you text with, those things
        are not Hawaiian. It’s possible that one can live off the
        aina, but when was the last time you went to a fast food
        drive through or shopped at a non-kanaka store?
        In my oppinion, na kanaka have been oppressed just as
        long as our country have been occupied, why would we
        want to confine ourselves any longer?
        If indeed we live aloha, it is our kuleana to share aloha!

        The U.S. is what it is and perhaps the reason for all the
        HEWA taking place on their aina! We, or at least I am
        not their victim. Queen Lili’uokalani and the Kupuna that
        placed their names on the right list back in 1897 along
        with Dr. Sai and others have put us in the most favorable
        position. We don’t need another super power country to
        come to our aid, the information is out and needs time to
        run its course – ho’omanawannui!
        If anyone want things to happen any faster, educate more
        people, after all what can any one of us do on our own that
        would be of any benefit to us as a whole?

        Whether one is pro kingdom or not it’s not as if we have
        a choice! The independent sovereign Hawaiian Kingdom
        is what it is!!

        Look at what happened when the U.S. occupied Iraq and
        Afghanistan the U.S. was loosing lots of money and lives,
        these country had no intentions of letting the U.S. go!
        They new that the U.S. had to stay until they were ready
        to function on their own. I bet they liked uncle Sam, but to
        the people who have to pay Sam the man eh, not so much!
        121 years of mess, to me I think they owe it to us to make
        things right with a smooth transition acceptable to us and
        not the other way around!

        Just my own mana’o anyway,
        A hui hou

        PS: Mahalo Kekoa, I see you are on point too!

        • aloha kanekeawe,

          i fear you have misunderstood my position, misread my words and confused the bases of my ideas and opinions. i am not an absolutist. that is to say, i am not a kanaka maoli who feels that Hawai’i should be only for kanaka maoli of the purest strain. we are not a super race.

          in fact few of us can even claim to be 100% polynesian kanaka maoli hawaiian and i suspect that the few who do claim to be “pure-blooded” would fail a genetic blood testing for purity. besides such ideas are elitist and racist.

          also i am not an isolationist or someone who thinks that we should revert entirely back to the way that our kupuna lived and completely shun the many good things that western civilization has created that would work within our culture without also being detrimental to our culture and our way of life.

          when the westerners first came here the effect of their coming was devastating to our people, our culture and the aina in many, many ways. without going into a detailed description of the many changes that i think would be most beneficial to our kingdom, nation and people let me just say that i feel that there are many ways in which we can improve our present social, political, economic, cultural and environmental situation in Hawai’i that would also improve everyone’s living conditions.

          i don’t know where you got the idea that restoring Hawai’i equates with kicking anyone out other that the american federal agencies and military forces who don’t belong here because their presence here is an oppressive violation of our national sovereignty.

          certainly the restoration of Hawai’i will be a great change back to what is pono. but every individual will be able to decide for themselves what is pono for them. i know that some, perhaps many, kanaka maoli will decide that they wish to be american and live on american soil. they’ll be free to do that if they want.

          if they want to continue to live here they will simply have to register as resident aliens as in any other country in which they might wish to reside.

          everyone born in Hawai’i regardless of their ethnicity is already a subject and citizen of the kingdom and nation of Hawai’i. anyone who has resided in Hawai’i’ for at least 5 years who wishes to remain will also have an opportunity to register as a resident alien and apply for citizenship.

          the way that we determine citizenship, resident alienship, visas, immigration, et al will be the same as it is in any other country except that with regard to immigration we would likely need to establish quota since we are in the very unique situation of having a very limited and finite amount of land upon which people can live without negatively impacting the environment, resources and creating too high population densities and overcrowding that can negatively impact the quality of life of everyone such as we are witnessing happening in urban honolulu right now.

          Hawai’i after first contact with the west and being opened up to the rest of the world quickly became cosmopolitan and multiethnic and there’s no reason why it wouldn’t remain that way after the restoration. no one will be asked or made to leave. everyone will be able to choose whether they will continue to live here or leave and if they stay whether or not they wish to become or remain hawaiian citizens.

          as far as western technology and culture is concerned, there are many things that we will keep and many areas that we can improve but we can also keep out things are not indigenous to our culture and our islands which are or could be detrimental to maintaining our unique kanaka maoli and multiethnic local cultures.

          our unique geographic location in the middle of the pacific offers us an opportunity to control what is allowed in Hawai’i as well as to to keep out things that are detrimental.

          there are many ways that we can improve the quality of life and the cost of living for everyone living in Hawai’i and that’s one of the things that i believe restoration will give us a unique opportunity to do.

          please don’t make assumptions about me or jump to conclusions about who i am or what i believe. if we ever meet you’ll see that i’m a very rational, intelligent, well-educated, empathetic, pleasant, humble and friendly person. don’t let my passionate fervor for the restoration of our sovereign independence, lawful monarchy and freedom and my clear and justified disdain for the many evils that the americans have visited upon our kingdom, nation and people paint a picture of me as some wild-eyed revolutionary.

          our situation and our struggle are unique to Hawai’i, kanaka maoli and all hawaiians of every ethnicity. to try to draw parallels and find similarities with the situations and struggles of others is pointless. likewise our solution is unique to our situation. we will endure and restore Hawai’i because it is pono, right and just.

          i’m simply one kanaka maoli who loves his kingdom nation and ALL of its people and who is simply seeking what is pono for Hawai’i.

          o, btw, i never eat fast foods. i source my food sustainably and according to a subsistence model as much as is possible until we revert back to the ahupua’a system of 100% sustainable food sovereignty and sustainability which may preclude exporting food as an economic resource.

          i’ll make a deal with you. i won’t make assumptions and generalizations about you if you will refrain from doing the same with me.

          mahalo and aloha,

          Ponokeali’i

          • Pono Ausin and Ponokeai’i, Very good to have this pono dialogue of clarification. I think the problem originated when Ponokeali’i referred to “Americans” instead of U.S. government, failing to distinguish the latter from the many people who are Americans who firmly support full sovereignty.

          • mahalo kekoa. yes you’re right. sometimes i forget to make sure to make the distinction of saying “the u.s. government. mahalo for the reminder.

            ponokeali’i aka keali’ipono

          • hi kekoa,

            i take no offense. we are in a civil discussion regarding matters that are important to the both of us and all kanaka maoli, hawaiians and those who love Hawai’i and support our struggle for pono.

            for the purposes of clarifying the remarks i made that you’ve cited, as to

            “ …everyone born in Hawai’i regardless of their ethnicity is already a subject and citizen of the kingdom and nation of Hawai’i ”

            under the customary practices that are typically employed by nations in determining the nationality of individuals residing in their country everyone and anyone, regardless of ethnicity, born within a nation’s borders is considered a natural born citizen of the country within which they are born regardless of the nationality of their parents.

            since the nation of Hawai’i has never ceased to exist and since the u.s. has never established legal possession of Hawai’i neither through their unsuccessful attempt at annexation nor by way of their extended unlawful occupation, since occupation does not equate to legal possession, everyone born in the hawaiian islands is a natural born citizen of the kingdom and nation of Hawai’i.

            even though the u.s. has granted u.s. citizenship to everyone born in Hawai’i since they began their unlawful occupation all of us born in Hawai’i are in fact hawaiian, citizens of Hawai’i, and can denounce our u.s.citizenship.

            the only problem up to now with denouncing our imposed u.s. citizenship and affirming our Hawai’i citizenship is that it would leave citizens of a nation without a functioning government since the unlawful u.s. occupation of Hawai’i is actively preventing the reinstatement of our lawful monarchy.

            This brings to mind an interesting point. it may also be possible to make the case that since u.s. citizenship was “granted” to, ie. imposed upon, everyone born in Hawai’i since the illegal overthrow under the presumption or possibly even the deliberate u.s. lies that Hawai’i was legally part of the united states and that the nation of Hawai’i and our lawful monarchy no longer existed, all of these assumptions being in fact untrue, means that not a single citizen of Hawai’i, including all of our kupuna, have actually been u.s. citizens at any time.

            as to the second part of my statement that you quoted, “…anyone who has resided in Hawai’i’ for at least 5 years who wishes to remain will also have an opportunity to register as a resident alien and apply for citizenship…”, since everyone who has ever resided in Hawai’i has done so under the trus presumption that they were residing in Hawai’i and under the false assumption that Hawai’i was a part of the u.s., i believe that our immigration laws, under the newly reconstituted kingdom and nation of Hawai’i, should reflect that fact that the part about Hawai’i being a part of the u.s. can be forgiven under the circumstances that this may have been a deliberate deception by the u.s. in order to give the appearance of legitimacy to their claim of legal possession of Hawai’i, but i also feel that Hawai’i residents with at least 5 years residency should not be penalized because of this possible deception if they should decide to denounce their american citizenship and affirm their hawaiian citizen.

            please forgive me if my statement has been confusing. i speak in the future present because i have for some time, since the spirits of my kupuna told me of the coming restoration of Hawai’i, thought and acted with the foreknowledge that the restoration of Hawai’i is preordained or prophesied if you will, so my speech reflects the fact that i am already living in the restored kingdom and nation of Hawai’i, in my mind, even while the process of making the prophesy reality is still coming to fruition.

            ponokeali’i

            #iiwk #imuaHawaii #ponoKeAlii

          • Pono,
            I greatly appreciate your inspiration and clarifications.
            Hawaii needs visionaries and energy like yours…..keep it going…the movement is growing and the prophecy you shared will come to fruition.
            This is a winning team because it is righteous.
            aloha

  11. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! NOT ON OUR WATCH. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
    In the words of James Kaulia “We, the nation (lahui) will never consent to the annexation of our lands, until the very last patriot lives.”

    We love, honor and support our native brothers and sisters. That being said, we are not now, nor have we ever been a Native Tribe. We are Hawaiians, descendants of the original inhabitants of the Hawaiian Islands. We are the citizens, both Kanaka and non kanaka, of the sovereign Hawaiian Kingdom which gained international independence and recognition on 28 November 1843 LA KUOKOA and was illegally overthrown by the United States on 17 January 1893 through (in your own President Cleveland’s words) an act of war. This was done at a time when the Hawaiian Kingdom and the US had treaties of peace, trade and most favored status in full force and effect.
    Speak Truth To The Darkness

  12. NOW is the time of which Aunty Pilahi Paki spoke and prophecized. The world is watching and listeninjg and waiting for an answer. Please, answer with “aloha”.

  13. Aloha Pono, don’t take offense but the part you referred to “..everyone born in Hawai’i regardless of their ethnicity is already a subject and citizen of the kingdom and nation of Hawai’i. anyone who has resided in Hawai’i’ for at least 5 years who wishes to remain will also have an opportunity to register as a resident alien and apply for citizenship..”. Not so, in an occupation those born in the occupied territory (Hawaii) that are of the ocuppier (U.S.)nationality cannot claim Hawaiian citizenship. All other citizens of foreign nationality migrating here with the belief this was part of america cannot claim Hawaiian citizenship, especially if they were granted U.S. citizenship through naturalization or being born here. First this is not U.S. soil and second their intentions were to swear alligence to the U.S. and not the HK. Hope this helps.

    • For some clarity:
      -The Hawaiian Kingdom was one of the most modern, progressive and richest country per capita of its heyday.
      – Its mainstream society is Polynesian Hawaiian and not the Racist WASP mainstream society.
      – A Hawaiian basic philosophy and mentality are to ADOPT if it seems worthwhile; ADAPT it to the mainstream Polynesian Hawaiian society; and become ADEPT with it so it becomes part of its practice and cultural expression.
      – The King (MO-I) was the BOSS, the Head of State; cognizant of how the Western thought, acted, and belief in manifest destiny doctrines and ethnocentric racism.
      -Aware of this, he need to play in their arena to preserve his Kingdom and nation/state by them recognizing his country’s status as a peer and reformed his governance as a democratic constitutional monarchy.
      – Out of necessity, he commissioned white men to represent the Kingdom and its interests along with his fellow western- educated kanaka maoli. To do this, he had them take an oath of allegiance to the Hawaiian Kingdom; thus, dual citizens were extended only to these men who represented the Kingdom and kept it while in service to the King (their BOSS).
      – Hawaiian subjects had freedom of travel and even relocate to various parts of the world without losing their citizenship as HK laws were not explicit.
      – Hawaiian Kingdom was the first country to recognize the sovereign independence of Argentina in 1818 by Kamehameha I.
      – The first created socialized medicine in the world was by Kamehameha IV and Queen Emma. Other ali’i left their estate trusts to benefit their aboriginal Hawaiian people for various purposes; white men trustees corrupted these trusts for personal gain and that of their accomplices.
      – The US Government officials were more complicit than they acknowledge in destabilizing, plotting, invading, takeover and occupying the Hawaiian Kingdom and its government. Those involved were US president Benjamin Harrison, Secretary of State James G. Blaine, U.S. Minister James L. Stevens, War Department, General Schofield, Senator David Battle Turpie, other pro-annexationists, the Committee of Safety headed by Lorrin A. Thurston who communicated with James G. Blaine several times; and US president William McKinley.
      – Reciprocity Treaty was in breach by Hawaii sugar planters and the US government dissolving the treaty as null and void.
      -Turpie Resolution 31 May 1894 threatened US government officials (tying Cleveland’s hands re: Hawaii) and all nations from interfering in Hawaii’s situation as it would be an “UNFRIENDLY ACT AGAINST THE UNITED STATES”. War-torn Europe after the effects of the Crimean war acquiesced in US demands; the USA had just wrapped up its US-Indian Wars.
      – Ku’e Petitions answered Turpie’s resolution soundly with way over 90% protesting annexation and in support of the Queen and not recognizing the PG/ROH’s government. This led to the second rejection of the treaty of annexation. ROH refused to recognize ALL Hawaiian subjects regardless of ethnicity and all nom-white foreign residents including all Asian contract workers.
      -From the initial US occupation in 1893 to when Blount had them remove the US flag, the people still knew the occupation was still in effect since the PGs refused to step down and was regarded as the civilian arm of the US military because it was protected by the military previously for about 78 days from 16 January 1893. The PGs then hired US mercenaries to protect them; just like the US did to protect themselves with Blackwater US mercenaries in Iraq. So in essence, the unlawful belligerent occupation exists unbroken till today.
      – US needed to work around Hawaii’s international neutrality status; so annexation was needed art all cost.
      – As many Congressmen contended they did unlawfully what they can’t do lawfully; the Newland’s resolution drove the US deeper into its compounding international crimes.
      – The US continuously violates the laws of occupation and neutrality; amassing more crimes; obstructing justice, freedom and justice

  14. I do know that there are non-hawaiians who have been touched by this movement and want to do their part to help, however, if we open it up to just ONE, they are going to want to open it up to EVERYONE; which will include anyone in the US. Does anyone see a problem here?

    Also, I agree with the comment made about Obama being from Hawaii and not really a US citizen because of the illegal occupation. I’m surprised the birthers didn’t pick up on that.

    • imho, i believe that our struggle to restore Hawai’i is one in which kanaka maoli must take the lead because the kingdom and nation of Hawai’i is a part of the legacy that our kupuna, in particular paiea kamehameha, left to us.

      it is our collective kuleana to move boldly and with determination toward the goal of a fully restored kingdom and nation. i have felt, as i’m sure others have, that in recent years our momentum toward restoration has been picking up speed.

      years ago i was drawn inexplicably to walk from huelo to hana, about 40 miles, while i was on a surf trip to maui. at the time i was unaware that hana and kipahulu were the ancestral home of my ohana including my great great great grandmother naha and her first cousin and hanai sister ka’ahumanu.

      when i got to hana, after a stranger offered me a ride at about the 15 mile mark, i rested at the house of a woman who identified herself as a relative who had been told to expect my arrival. she told me that i was to go to kipahulu just past the seven sacred pools where a small island lies just off the cliff. the site of our ohana’s ancestral home.

      when i got there i sat and rested and felt the presence of my kupuna, naha and ka’ahumanu. they told me of a prophecy that Hawai’i would be fully restored in the not too distant future and that i was to prepare myself for this time by learning all that i could about our culture and our history and to join with the many other kanaka maoli who would heed the call to come forward to work to restore Hawai’i.

      in closing i should say that even though, as i stated earlier, kanaka maoli must take the lead in restoring Hawai’i, all hawaiians who are descended from hawaiian citizens at the time of the overthrow and all hawaiians who were born naturalized hawaiian citizens since the overthrow as well as every resident of Hawai’i and every citizen of the world who loves Hawaii and supports our inherent right to our sovereign independence, our lawful government and our freedom are welcome to join the struggle as equals with kanaka maoli. together we will bring to fruition the prophecy of a restored Hawai’i that my kupuna shared with me years ago in kipahulu.

      #iiwk #imuaHawaii #ponoKeAlii

      • Pono Austen, You are exactly on target. Using an athletic team analogy, Kanaka Maoli are the owners, coaches, and managers as well as much of the team. But those of us who are non-Hawaiian want to be included in the team and not be mere cheerleaders. I think this is pretty well understood by all who are deeply concerned. We wish to be seen as respected teammates, while acknowledging the seniority status of Kanaka Maoli.

        • hi jon,

          yes i agree with your sports analogy but i’d like to take it a bit further. kanaka maoli are also the team captains and quarterback because we are actively involved in taking the lead and driving our team to the goal.

          mahalo,

          ponokeali’i

          • aloha my brada,

            with a name like pono, how can we go wrong

            to get the word from your kupuna is the altimate high

            ” maui no ka oi”
            my tutu was a maui girl too

            all are welcome
            let’s get this done

            our SOVEREIGN NATION is perpetuated in RIGHTEOUSNESS

            ua mau ke EA o ka AINA I ka PONO

            mahalo ke akua
            mahalo na kupuna
            mahalo o hawaii nei

    • There are a few descendants who are Hawaiian subjects and have been active for decades and there are many supporters who aren’t kanaka maoli. Keep in mind, this has always been a national issue and not a US racial, ethnic issue. So, no, I don’t see a problem, whether from the US or elsewhere as long as they don’t insist on US integration or colonialization/decolonialization (manifest destiny doctrines advocate) rhetoric.

      • Under law of occupation, all US citizens are illegal aliens and considered “hostile occupiers” and retain their US citizenship. Hawaiian subjects are “protected persons”.

  15. Pingback: Secession lagniappe | The Mitrailleuse

  16. Pono, Hawaii is OCCUPIED, the Geneva Convention, Hague Reg., Laws of Occupation and Humanitarian Laws of Armed Conflict/Occupation Prohibit obtaining Hawaiian citizenship in the manner you stated above. Is Hawaii somehow exempt from following these Laws??? The very Laws that are protecting our status as an existing nation state???
    Your statement
    …i believe that our immigration laws, under the newly reconstituted kingdom and nation of Hawai’i, should reflect that fact that the part about Hawai’i being a part of the u.s. can be forgiven under the circumstances that this may have been a deliberate deception by the u.s. in order to give the appearance of legitimacy to their claim of legal possession of Hawai’i,..”
    Pono, are you saying that the kingdom has already been reconstituted or you are speaking in future tense?
    Anyway, the laws of occupation prohibiting citizenship during occupation
    are in place for good reason and for obvious reasons should be followed.

    • Pono,

      There is a big difference between LAW and what you think. There are laws already in place to address these issues, it is important that you educate yourself to these laws before you start to confuse people with your own ideas that under International Law, The Laws of Occupation and Hawaiian Kingdom Law these issues have already been addressed.

      • imho, the united states should NOT remain to assist in the transition to sovereign independence because they cannot be trusted in any way whatsoever to be a part of our restoration. the u.s. government has shown us time and time again by their actions and their intentions that they cannot ever be trusted.

        the actions of the u.s. government with regard to violating the sovereignty of many other nations and in meddling in the politics of other nations in order to benefit themselves further proves that the u.s. can never be trusted.

        after all of the illegal, unlawful, and unethical actions that the u.s. has taken against the kingdom, nation and people of Hawai’i why would any sane person think that it would be necessary to involve them in our affairs in any way at all?

        its like proposing to give the u.s. one more opportunity to screw us.

        ponokeali’i

        • And an opportunity for a FF scenario. Mighty empires throughout history have done such actions on there own population.

        • Aloha, Pono

          Well, that is what a Protecting Power is for. That is what the Acting Government is striving to secure. A Protecting Power is defined under Article 9 of the 1949 IV Geneva Convention which is applied to Hawaii. To put it in laymen’s terms, A Protecting Power is basically the “policemen” of the Parties in conflict, which in this case is the H.K. and the United States.

          The purpose of the Protecting Power is to safeguard the interest of the Parties in conflict. In other words, to make sure the United States AND the H.K. is complying with the 1907 Hague Regulations, the 1949 IV Geneva Convention, Additional Protocol 1, and International Humanitarian Law, etc. And above all, to make sure the United States is complying with the Executive Agreements to restore the H.K. Government back to power! Hence, to safeguard the interest of the Parties in conflict. And they will be forced to restore the H.K. Government! That’s what a Protecting Power is for.

          • mahalo i’olani for your mana’o,

            yes, i agree that the idea of kanaka maoli working to restore our sovereign independence and rebuilding our monarchy under the protection of a protector nation like Switzerland is the wisest course for us to take in our path to completely restore the kingdom and nation of Hawai’i and our lawful monarchy.

            it provides us with a safe haven within which we can go about the daunting task of rebuilding our lawful government, the hawaiian monarchy so that we can emerge from the protection of our protecting power a fully formed and functioning government.

            there are some within the restoration movement who feel that its important to involve the u.s. government in the rebuilding and restoration process. imho, i feel that to involve the u.s. government in ANY in restoring Hawai’i is literally like asking the fox to guard the henhouse.

            the u.s. has shown all throughout its relations with the kingdom, nation and people of Hawai’i that it simply cannot be trusted. we would be wise to force the u.s. government and its military to leave Hawai’i completely and forever as soon as possible.

            as a matter of fact i would propose that Hawai’i not have ANY direct diplomatic relations with the united states and instead conduct any diplomatic business through a neutral third party nation such as switzerland.

            having Switzerland as our protecting power has several other advantages besides providing a safe haven for us to rebuild our monarchy and restore our sovereign independence.

            as a member of NATO Switzerland can be our sponsor in our bid to become a prospective NATO member nation ourselves in a similar capacity as Switzerland by providing humanitarian services to NATO as a peaceful neutral nation. This would give us the immediate protection of NATO against any potential threat to our sovereign independence from other nations.

            as a member of the united nations Switzerland can help bring our movement for the restoration of our sovereign independence and the rebuilding of our lawful monarchy to the world stage where we can grner the support of other u.n. member nations in bringing diplomatic pressure on the united states to end their 121 year long unlawful occupation of Hawai’i.

            and as the world’s bank Switzerland can assist us in building a strong economic base, creating our own currency, negotiating reparations from the u.s. for their orchestration of the illegal overthrow of our monarchy, the failed attempt to annex Hawai’i, the 121 year long unlawful occupation of Hawai’i and the fraudulent statehood act.

            Switzerland can provide us with assistance in establishing our economy while protecting us from the predatory nation-building loan strategy of the imf and the world bank.

            finally having Switzerland as our protecting power lends immediate credence to our struggle to end the unlawful american occupation of Hawai’i, restore our sovereign independence, rebuild our lawful monarchy and free our people from american occupation, domination and oppression. we will finally have the world stage that we’ve so badly needed to tell the people and nations of the world the story of our struggle and get the support that we need from all of the nations and peoples of the world in our efforts to restore Hawai’i.

            ponokeali’i

            #iiwk #imuaHawaii

    • Hawaiian subjects weren’t granted US citizenship; they were proclaimed US citizens. Big difference! They never asked to be US citizens; therefore nothing to grant. They weren’t even Republic of Hawaii citizens as confirmed by the Ku’e Petitions.

      Remember, US military invaded, occupied and literally took our country, lands, treasury, government, nationality with not so much as a Boo! They weren’t compassionate, sensitive, or caring. They told us if we didn’t like it; eat stones. They didn’t give a shit about us; and so much as have said in today’s vernacular, “Fuck you!”

  17. Free Hawaii just posted a sample letter that you can use if your testifying tomarow. The last sentence says at the end and I quote” Under the protection of the United States”. What!!! Don’t we want them out of here? Okay now I’m really confused. We want them gone but we want them to protect us. What’s going on? This makes no sense to me. Can someone enlighten me. Would this have to do with the transition period? HELP!!!

    • The process of de-occupation also affects US citizens stupid to believe their government and who will chastise and threaten us instead of rightfully go after their own government who changed Kingdom’s land laws among other ones. De-occupation process takes time; especially prolonged ones. We need US military to keep its US citizens in check and at bay as we go through this transition and work out solutions.

      • Yes I would think that there would be some very hostile people in the transition process. Thank you for sharing your mana’o. Aloha

  18. hi keali’i,

    i can only speak for myself when i say that the words “under the protection of the united states would never cross my lips”. that statement goes against everything that we know and want and believe in. but that’s just my humble opinion.

    my best advice to you is to always let your heart and your intuition be your guide in all things and especially in this case.

    ponokeali’i

    • It really confused me but another blogger shared some of his mana’o on this topic and it cleared things up. Aloha

  19. Keali’i, I cannot speak as to the sample letter and it’s quote since I have not read it yet. However, I will comment on the U.S. needing to remain here as part of the de-occupation and transition process. The occupier is obligated to ensure a peaceful and smooth transition to a fully functioning HK gov’t and country before they leave, just like they did in other countries they occupied.

  20. Keali’i, you are welcome and I forgot to mention that the U.S. military would not be the only one here. International Monitors such as the ICRC, a protecting power and possibly U.N. peace keepers will be monitoring the process also, as they do in other occupations.

    • Very interesting. So being that we are occupied if you where convicted of a crime under the illegal regimes laws it would be considered null and void since there laws have no effect beyond there borders. So when this does go through it would be like hitting a reset button.

  21. I believe this blog exists due to the international laws of occupation. As a protected person enduring an occupation, we have the right to report on the acts of the occupier so long as the information reported is factual. No personal opinions reported here, that is the reason you will not receive a response from the blog.

    Really interesting discussion. A lot of different views and information. It is nice to see new people posting with different views, mainly because they found this amazing resource Hawaiiankingdom.org/blog

    I encourage all to show compassion and empathy as we move forward. We ALL were ignorant and Americanized at one time, I still am. It is hard to be a Hawaiian in this American nightmare.
    With that being said, thank you to everyone who keeps the propoganda and false information in check.
    As more and more people start posting, there will be more really frustrating, ignorant, confusing, antagonistic and definitely americanized comments and opinions, I would provide a brief response and direct these people to the information provided by this blog and not let them wrap you up in a debate.
    This is what I have found, trying to spread this information. You can tell people about illegal occupation until you are blue in the face, but if you let them figure it out for themselves people seem to be more receptive.

  22. Not an automatic reset. Crimes are crimes if committed in our kingdom. The new gov’t and it’s judiciary would need to deal with that and if it would be neceassary for an accused to be retried unless they agree to accept their conviction and waive retrial. I would caution a convicted murder to seek retrial and sentencing since HK has a death penalty.

    • Kekoa, Death penalty ought to be repealed immediately upon success on our part. Not only is it barbaric in principal, but history has shown there are many false positives, such as witnesses being intimidated or bribed into false testimony, prosecutory failure to disclose info that would exonerate the person, etc.
      Here is the logic of the situation: Those who advocate for the death penalty must accept one of two morally reprehensible positions: 1) the criminal justice never makes mistakes or 2) it is OK sometimes to execute an innocent person. There is so much more, but I will keep it to this for now.
      Disclosure, I used to teach logic at UH eons ago as a philosophy grad student.

      • I have to disagree. We could go around and around about this. This may be an issue that we will have to “agree to disagree” on. I will present my arguement, then done.

        Our ancestors used the death penalty. I would argue that our ancestors were more socially advanced 250 years ago, than we are today. It was used to maintain a lawful existence of the populace, which it did for the most part. There were very few criminals as the punishment was severe.
        People need to be held accountable for their actions. Actions are a result of the decisions you make. The only thing you have control over is the decisions that you make.

        During the transistion period as well as the future there NEEDS to be a lawful existence, as that is part of being Hawaiian (Nationality). If you can’t sign on to being lawful, this is not going to be a good place for you to live. It really becomes that simple.

        There are groups of people here today, that thrive and profit in this unlawful existence. These groups are a huge problem that needs to be dealt with. The death penalty would be the most effective means of removing them as a problem. After a couple face the consequences, that illegal path will not look so attractive.

        (Historical Reference – Steps China took after the illegal occupation by Japan. Japanese were shipping opium in from india and addicting the Chinese, making them easier to control. I believe after the occupation ended, China took a very draconian stance on drug trafficing. I believe their stance worked, to nearly put an end to drug trafficing.)

        I believe that your concerns are valid, however I think they are based on the American system. Yes, the american system is a mess. However there are things that could be done to fix it. Unfortunately, those in power are enjoying their illegal paradise a little too much to change it. That is not my problem, that is an American problem.

        How do I use what I feel is wrong with the American system and tweak it to work. Based on the injustices done to our nation and ancestors, I can see parts of the system that can not fail. If they fail people get hurt and injustices occur.

        These are general and are definitely not the answer, just my opinion. Just a few examples I might propose:

        Anyone taking a public office and swearing an oath to defend the constitution, who knowingly breaks that oath.
        Today we have an entire government breaking their oaths and there is nothing that can be done. No one is facing the consequences of their actions. Are people getting hurt? I would say “AE (Yes)”

        Anyone in charge of elderly or children who knowing abuses them.
        These are the most vulnerable people in our community. Ensuring that they are not victimized is our Kuleana, as people (regardless of your ethnicity)

        Breaking the public trust. Anyone in law enforcement, to be found guilty of breaking the law. Politicians who are found to be corrupt.
        Historically, this can trigger a revolution or uprising. If you accept these public positions then you knowingly decide to violate the public trust, I feel the consequence should be severe.

        Destoying the environment.
        We require a clean environment. Without a clean environment you don’t get to be Hawaiian, American, Republican, Democrat…..you don’t exist.

        Sorry, that was a lot. Believe it or not that is the short version. This is just my opinion. I am OK with you having a different opinion. Like I said, “We may have to agree – to – disagree”.
        Mahalo
        Tim Reis

        • Kekoa, Certainly there has to be accountability for bad behavior! You are using a straw man here to suggest that my position is weak on accountability. Granted there are wholesale violations in this present system, including police who shoot unarmed and non-threatening people and get off free. I am firmly for accountability, which is why there are prisons, unknown in ancient Hawai’i. With long prison time, mistakes in judgment calls can be overturned. but unless you can bring back to life an executed innocent person, the logic of my stated position remains.
          Consider if you or a family member were wrongly accused and convicted based on manufactured evident or, as is often the case, mistaken identity. I have thought long and hard on this matter, and find that death penalty is morally not tenable for this reason alone. I ask all to give the matter some thought. respectfully and with pono manao,, Jon

  23. This is a special time for na kanaka. Aupuni O Ko Hawaii Pae Aina still exists to this day. In John 8:32 the Bible says ” You will know the truth and the truth will set you free”. God is revealing all the hewa. Go to HawaiianHeir.net, you will find the truth.

  24. Aloha Jon, mahalo for the post. I was not taking a position for or against the issue but providing some food for thought. The debate of repealing that law will be reserved for us after our De Jure gov’t is in place. It does get you thinking of all the issues and work we have ahead of us. That’s why educating everyone is so important. I ain’t afraid of hard work, I think it’s pretty cool we have a chance to restore Hawaii and utilize lessons from our kupuna with knowledge of what we have now to find a good balance. We can provide the best society for ourselves and future generations. We can restore Hawaii back to it’s rightful place within the International community. We are a neutral country like Switzerland. Our culture instills within us the concept and practice of ho’oponopono. What better place to hold peace talks where we can ho’oponopono for nations.

  25. Kealii, I suggest you check it out, it will blow your mind how advance our kupuna were. I believe you can find a tab for it on the welcome page of this website.

    • Kekoa, My reply was to the person (back in the thread of comments) who was advocating for the death penalty. I took the occasion to point out some strong valid moral and logical reasons to refuse to accept it, recognizing of course that it would be the kuleana of the new je jure government. While directed to the writer, it was also for general education, as most civilized countries have long since abolished it as barbaric. I would assume, as in 1875 ,a new monarch would arise as a result of an election by the legally constituted electorate of subjects declaring allegiance to the new de jure and defacto government. May it come soon!

  26. Nui, you just had to go there with false advertising. I went to hawaiianheir.net but found no truth. However, I did see that one of the duties of your minister of interior was to …keep inappropriate books… I’m not kidding it really said that.

  27. I understand that the illegal occupation argument, but what if you used all of the information from this blog and dr. keanu sai’s dissertation to answer the questions they are asking? Would it look something like this? These questions almost seems like they are asking us what they should do. If only federal recognition advocates give them an option, that is probably what they are going to do. Give them another option that is in compliance with international law and their constitution. This is my two cents.

    1.Should the Secretary propose an administrative rule that would facilitate the reestablishment of a government-to-government relationship with the Native Hawaiian community?

    Yes. An administrative rule to begin the de-occupation of the Hawaiian Kingdom and the creation of Military courts to administer Hawaiian Kingdom Law. A Doctrine of Necessity to update laws, so long as they do not conflict with Hawaiian Kingdom Law

    2.Should the Secretary assist the Native Hawaiian community in reorganizing its government, with which the United States could reestablish a government-to-government relationship?

    Yes. Implement a Educational campaign in Hawaii and America, regarding our true history and our legal and political situation. Cease the continuation of activities not in compliance with Hawaiian Kingdom Law for the duration of the de-occupation process: Protection of the environment (Land development, water, and land use) and social issues (Medical and Dental, Homeless, Food security)

    3.If so, what process should be established for drafting and ratifying a reorganized Native Hawaiian government’s constitution or other governing document?

    Establish list of eligible voters by way of Jus Sanquinis (Parentage). Determine Nationality ( Let eligible voters choose their nationality). Let Hawaiian Subjects propose amendments to the 1864 constitution. Vote on amendments and elect public officials.

    4.Should the Secretary instead rely on the reorganization of a Native Hawaiian government through a process established by the Native Hawaiian community and facilitated by the State of Hawaii, to the extent such a process is consistent with Federal law?

    Due to the fact that the State of Hawaii is not a legal entity, it could not be consistent with Federal Law. This scenario is not an option in a solution based in law.

    5.If so, what conditions should the Secretary establish as prerequisites to Federal acknowledgment of a government-to-government relationship with the reorganized Native Hawaiian government?

    Restore the constitutional monarchy of the Hawaiian Kingdom government, in compliance with the Executive Agreements

    I did see a reply that was prepared by the acting government and that would be the one I would stand by. I present this for one reason, if a majority of our people believe they are Americans, maybe they will listen to the American Government. Implementing the above actions, may get people to realize what is going on and act.

  28. Aloha Kanekeawe, yes this is an occupation and under those laws the U.S. Military will have to set up a temporary provisional gov’t and remain until transition is pau and then leave. That’s just the way it is in an occupation and it will not change. The job of the ICRC and the protecting power is to monitor the U.S. to ensure compliance with the laws or occupation and humanitarian laws. It is possible that the U.N. could deploy peace keepers here as well.
    You are right that the U.S. military is responsible to clean up there mess and police their citizens to prevent civil unrest. Although this is our country, the HK subjects are far out numbered by foreign aliens. The suggestion that the military just leave is unrealistic, no other country would want to take on such a difficult task not to mention the astronomical monetary cost.
    The state of Hawaii as a governing entity will be dissolved but not the infrastructure and it’s employees, at least not in the begining. They would have to swear oathes of alligance to the HK of course or be terminated. Everyone must keep in mind we need to be cautious and not cause such a disruption that we place our country into chaos. We need the police, fire, ambulances, hospitals, ex-state now HK employees working to keep the public works, roads, accounting, budgeting, teachers and schools functioning. Learn from history, the republic took control of the HK govt infrastructure, replaced the heads, had employees swear oathes to the republic
    and kept the machinery running for them. We just need to reverse to process and make it work for the HK. Later, when we have our De jure HK govt. in place we address the long term issues of gov’t employees, war crimes and all that other fun stuff.

    • Ae, Kekoa. When you become educated on the issue, it really becomes that simple. Change the stickers on the trucks, take down the American flags and there is our nation.
      Unfortunately, it appears that the US is not willing to do that. Until the international community steps in and demands that the US comply with international law.
      That is where it gets complicated and frustrating for Hawaiian Subjects.

      Here is a personal experience. I have a bench warrant for my arrest for a “failure to appear at court”. The irony is that I was at court for over 3 hours and actually stood before the judge. Before passing the gate, I claimed my nationality as a Hawaiian Subject and asked the judge to note that I was coming to my defense under protest. She refused and claimed jurisdiction could be argued once I passed the gates and came to the table. After repeating my request to note my protest, she asked the cleck to make a call. The clerk walked passed me, exited the courtroom and called my name three times in the hall. He came back in and they stated that I failed to appear. Now I have a bench warrant. That is fine. I did not come to the table. That was my choice. I will need to face the consequences of my decisions and I will.

      However, Just one month ago I was infront of another judge for the same charge, with the same request and he did grant my request. I did come to the table and I did answer to the charges to brought before me. I plead not guilty to the HRS I claimed to have violated and stated that any fines that I would be forced to pay would in essence be asking me to fund the usurpation of my sovereignty. At trial the charges were dissmissed, with predjudice and this is documented.

      What I found is one judge was able to navigate this legal mess we are in, without incurring criminal liablity, where the other judge took a very arrogant stance and jeaopridized other individuals who may incur criminal liability. This was a non-jailable offense and I have no criminal record.

  29. Aloha Tim, mahalo for sharing your personal experience. Yes, it is disheartening dealing with such corruption and waiting for help to come. You were made a victim of a crime because the U.S. Pacific Command that knows Hawaii is occupied remains complicit in their Treaty obligations, enforcement of international laws and the laws of beligerent occupation. This allows and encourages the FED and State officals to continue to violate their Treaty obligations which create injuries to protected people under the Geneva Convention.
    Like victims from other occupations they were helpless to get justice until the international community entered the arena. Thank God we did not reach the extremes of other occupations where people were unlawfully executed. We must keep in mind that this is an occupation. Like other illegal occupations the victims stood up for their rights but were not successful at first, but in the end got justice.
    Because of our occupation these courts are not properly constituted and could never give you a fair trial. I find it interesting that you made the distinction between the two Judges, you claim one injured you and the other did not. If you read the Nuremberg Trials you will see the same thing happened. In occupation, Judges operating in courts not properly constituted like ours were charged with war crimes. Some were found guilty and others were not, it came down to what they did individually. Every situation and circumstance is looked at separte and distinct and not clumped together.
    Stay Strong and always keep the Faith.

    • Maika’i Loa!!! They will be implicated for War Crimes in their individual capacity so, as Dr Sai had stated: “We are dealing with law so, from this moment on be extremely careful in what you say and do because it can come back to hurt YOU”!!!

      • Aloha Dutchy,

        Did you have an opportunity to testify already?
        I want to testify at the July 8, 2014, meeting, but
        not sure how to get on the list to speak. I work
        that day, but will be there soon after!
        In any case if cannot, I have a written testimony ready!

        Mahalo,
        wayne

        • Sign in as soon as you get there and say you want to testify; next to it you can submit your written testimony. Don’t forget to write no to all 5 questions in your written testimony. Andre put this helpful suggestion:
          As the hearings go forward please keep three important things in mind –

          First, at the very beginning of your testimony be clear and concise that you oppose the rule changes, otherwise your testimony could be interpreted as supportive.

          Second, please remember to answer “NO!” to all five questions being posed by DOI.

          And third, try to keep a cool head. Spoken testimony is much more effective when delivered without shouting or using profanities.

          One of the best ways to have your testimony be effective is to write it down on a card and read from the card when testifying.

          If you do chose to do this, hereʻs a great way to start your testimony –

          “I, (your name) say NO to all five questions and NO to the proposed Amendments to the Administrative Rules and Regulations in Proposed Rule – Federal Registry, Vol. 79, No. 119 dated Friday, June 20′ 2014.”

          Mahalo to each and every one of you for so publicly supporting a Free Hawai`i.

          • Aloha Tane,

            Wise words, mahalo for sharing. Love the concept. Short sweet and to the point.
            Your name, answer questions, then you can do your genealogy or point of veiw.

            Last night was the first time I watch the meetings on olelo.

            Sad to see some of us didn’t get to finish there speech. A few said yes only because they were tired of waiting and a few were non kanaka. Some brought their ohana, I only wished that the mom or the dad would of asked the question and the ohana in unison would say a’ole.
            Then it dawn on me, for a bigger impression. Someone could ask the question and the whole room would shout A’OLE and then perhaps at the end. The kamalii would say a’ole means no.

            Kauna’oa, Lana’i your next.

            Wayne, Dutchy good luck. You only have 2 minutes.
            Hit one out of the ball park for us.

            Aloha Aina…. until the last one lives

            Free Hawaii

        • Wayne,

          No, I haven’t testified yet. I am going to be testifying next week Thursday, July 3, 2014 here in Kona. Is there something you need me to do for you???

          Dutchy

          • Mahalo Dutchy, Tane and Pomai!

            I wanted to get an idea on what the sign up
            process was like and the time to present my
            testimony!
            Thanks for the info. you guys are great!
            I’ll make sure to adjust my testimony to
            pack a punch within 2 minutes!

            A hui hou,
            Wayne

  30. Aloha, Pono

    Well, as I said before, that is what a Protecting Power is for—to make sure the United States and the H.K. complies with international law. Furthermore, they’ll make sure the U.S. Government is complying with the Executive Agreements, which they were supposed to do by treaty agreement between U.S. President Grover Cleveland and H.M. Queen Liliuokalani in December 1893. When the days of de-occupation comes, which means a temporary military government until the H.K. Government has been restored by the Executive Agreements, the United States will not be in a position to play games with the H.K. or the international community. If they do, not only will the Protecting Power(s) (we can have more than one Protecting Power by the way) and the international community will get on their case, but the U.S. might have to pay even more compensation; And the compensation they have to pay already is bad enough as it is! Not only does the U.S. Government have to financially compensate us, but they’ll also have to compensate for the environmental destruction their military has done under this occupation, shut down all the U.S. military bases, re-enact the H.K. Government, etc. All in total, the compensation the U.S. Government has to pay already in a fair guess is in the billions if not trillions of dollars! So I don’t think the U.S. Government will take a chance in playing with us seeing how they themselves and the world will see the massive international law violations they have committed. They too need to survive as well otherwise it could possible spell doom for their government.

    • The United States is famous for placing Sanctions on countries so, let us not forget that sanctions can also be placed on the united States as well. Because the United States relies heavily on imports from other countries who have treaties with the Hawaiian Kingdom such as China, Korea, etc. these sanctions could have a major effect on the United States own economy as well and they cannot afford this to happen.

      There are a lot of countries who would love to place sanctions on the United States and watch them crumble…….PAY BACKS A BITCH!!! BITCH…….

      • Aloha Dutchy

        Exactly! The United States is just like any country in the world and when the days of de-occupation comes, they will not be in a position to play games with anyone; The Protecting Power(s) will make sure of that! And if they do wanna play games, the world along with us can play games with them too. Hopefully it does not come to that because caught in the middle is their own citizens and I would hate for them to get hurt because of all this. As again, hopefully it does not come to that..

        • Don’t forget the people that were hurt on 17 Jan. 1893 thru US conspiracy to invade, belligerently occupy, set up its puppet government; displaced Hawaiian subjects and relocated US citizens to Hawaii, something ongoing today.

          US citizens are already in the middle of this; they’re the military committing the crimes, controlling Hawaii, violating occupation laws and our neutrality and imposing their Americanization and WASP mindset on us. They do have a choice to assimilate to the Hawaiian culture, society, and naturalize to the Hawaiian Kingdom and give up their US citizenship.

          I have no sympathy nor concern for US citizens in Hawaii. They were told, didn’t listen; so they have to take it up with THEIR government who used them. My concern is reviving our rightful, modern, progressive, just, solvent government and nation that it once was before the WASP racist, criminal, corrupt USA belligerent occupation.

          • Ignorance is no excuse. US citizens commit treason against their constitutional laws, international laws, agreements and treaties done in their names, and the Hawaiian Kingdom constitutional laws and civil laws and its neutrality laws. The occupation laws do apply and are in effect; learn them.

  31. For , me being Kanaka Maoi… We , the people of the Kingdom of Hawai’i . Haven’t , been given any form of payment or service. From , said services . Hawaiian Homes… maybe . Hawaiian health plan … Zero . Or , any other service . The government of United States . Haven’t , acknowledge or recognize us Hawaiian people . Until ,.President Bill Clinton brought it out . Sadly , it may seen… This , problem will not be taken care of by this present Administration. It , will be prolong until the next Administration. Will, recognize this problem . And , make an attempt to resolve this problem…

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