Category Archives: Education

Weblog Etiquette

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The acting government would like to extend a sincere gratitude and appreciation to all those who have visited this weblog and those that have provided commentary to the blog entries. Our intention is to inform the general public both domestic and abroad of the prolonged and illegal occupation of our country, the Hawaiian Kingdom. This blog is not run as a typical weblog with a webmaster that moderates the commentary. Comments are encouraged, but when commentaries are disrespectful and uses profanity, this weblog reserves the right to prevent the commentary from being posted. This blog has received many comments that were distasteful, disrespectful, and tattered with profanity.

As we are dealing with over a century of Americanization here in the islands, this blog has to maintain a standard of integrity when disseminating information regarding our country, the Hawaiian Kingdom, international laws, and the laws of occupation.

The weblog has also come under a very high volume of brute force cyber attacks that have attempted to penetrate the website and therefore this weblog has to maintain a high standard of security. Previously, the weblog installed a plugin where individuals logging into this blog could readily view the visitors, domain names and their geographic locations on google map, but after a short test run it was decided to remove the plugin because it opened the weblog to an outside link that we could not confirm to be safe. In other words, it could have opened a back door to cyber attacks.

Again the acting government extends its appreciation and is humbled by such a high volume of visitors from Hawai‘i and the international community and we will continue to provide information that we feel can serve to counter over a century of denationalization and to reinstate a Hawaiian national consciousness that was nearly obliterated through an institutional program of Americanization.

Association of Hawaiian Civic Clubs Acknowledges the Continued Existence of the Hawaiian Kingdom

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AHCC

Jonah Kuhio KalanianaoleThe first Hawaiian Civic Club was established in 1918 by Prince Kuhio Kalaniana‘ole. The Association of Hawaiian Civic Clubs (AHCC) is a confederacy of 67 clubs that advocates “for improved welfare of native Hawaiians in culture, health, economic development, education, social welfare, and nationhood,” that was established in 1959. According to Dot Uchima, Recording Secretary, the AHCC “has established a reputation of serious consideration on community issues and mana‘o of the membership as it convenes annually at locations where clubs are represented,” and that “many resolutions adopted by the Association’s delegation at convention have served as the basis for proposed state and federal legislation.”

Soulee L K O StroudThe AHCC is a very influential civic body that is comprised of many leaders in the community, business community and government. All resolutions adopted by the Association are also given to the Governor of Hawai‘i, State Senate President, State Speaker of the House, State Senate Committee on Hawaiian Affairs, State House Committee on Hawaiian Affairs, Office of Hawaiian Affairs Chair of the Board of Trustees, and all County Mayors. The President of the AHCC is Soulee L. K. O. Stroud.

From October 26 through November 2, 2014, Hawaiian Civic Clubs from across the Hawaiian Islands and the United States met at its annual convention held at the Waikoloa Beach Resort Marriot hotel on the Island of Hawai‘i. Ka Lei Maile Ali‘i Hawaiian Civic Club introduced resolution 14-28, acknowledging the continuity of the Hawaiian Kingdom. After a lively debate by the delegates of the many clubs in its plenary session, the resolution was passed on November 1, 2014.

ACKNOWLEDGING THE CONTINUITY OF THE HAWAIIAN KINGDOM AS AN INDEPENDENT AND SOVEREIGN STATE

WHEREAS, on November 28, 1843, both Great Britain and France jointly recognized the Hawaiian Kingdom as an independent and sovereign State and admittance into the Great Family of Nations; and

WHEREAS, the Hawaiian Kingdom maintained over 90 embassies and consulates throughout the world; and

WHEREAS, November 28th is a national holiday throughout the country called La Ku‘oko‘a (independence day); and

WHEREAS, fifty years after independence, the government of the Hawaiian Kingdom was illegally overthrown by United States forces on January 17, 1893; and

WHEREAS, negotiations for reinstatement of the Hawaiian government took place between Queen Lili‘uokalani and President Grover Cleveland, represented by U.S. Minister Plenipotentiary Albert Willis, at the United States Legation in Honolulu on November 13, 1893; and

WHEREAS, settlement and an agreement was reached on December 18, 1893, whereby the President would reinstate the Hawaiian government and thereafter the Queen would grant a pardon to all those who committed treason; and

WHEREAS, this agreement is called a sole executive agreement under U.S. constitutional law and a treaty under international law; and

WHEREAS, President Cleveland and his successor in office have not carried out this treaty in violation of international law; and

WHEREAS, the United States Congress purportedly annexed the Hawaiian Islands by a joint resolution of Congress on July 7, 1898; and

WHEREAS, neither a joint resolution or a statute enacted by the Congress can have any legal effect beyond the borders of the United States and affect the sovereignty of a foreign State; and

WHEREAS, the 1898 joint resolution of annexation is not a treaty whereby the Hawaiian Kingdom ceded its sovereignty to the United States of America; and

WHEREAS, on August 12, 1898 at 12 noon, during the Spanish-American War, the United States began the illegal and prolonged occupation of the Hawaiian Kingdom; and

WHEREAS, in 2001, the Permanent Court of Arbitration, in Larsen v. Hawaiian Kingdom, acknowledged in its arbitral award that “in the nineteenth century the Hawaiian Kingdom existed as an independent State recognized as such by the United States of America, the United Kingdom and various other States, including by exchanges of diplomatic or consular representatives and the conclusion of treaties”; and

WHEREAS, under international law all States have sovereign equality, and have equal rights and duties as co-equal members of the international community regardless of their economic, social and political differences; and

WHEREAS, according to international law there is a legal presumption that occupation does not affect the continuity of the State even when there is no government claiming to represent the occupied State.

NOW, THEREFORE, BE IT RESOLVED, by the Association of Hawaiian Civic Clubs at its 55th annual convention at Waikoloa, Hawai‘i, this 1st day of November, 2014, that it acknowledges the continuity of the Hawaiian Kingdom as an independent and sovereign State.

BE IT FURTHER RESOLVED that a certified copy of this resolution be given to the Governor of Hawaii, State Senate President, State Speaker of the House, State Senate Committee on Hawaiian Affairs, State House Committee on Hawaiian Affairs, Office of Hawaiian Affairs Chair of the Board of Trustees, and all County Mayors.

AmaralOn November 1, 2014 at the AHCC Convention Annelle Amaral was elected to succeed Stroud as President.

U.S. Congressman Clark Says Annexation Against the Will of the Hawaiian People

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Rep. NewlandsAfter the defeat of the Spanish Pacific Squadron in the Philippines on May 1, 1898, just one month into the Spanish-American War, Congressman Francis Newlands (D-Nevada), submitted House resolution no. 259 for the annexation of the Hawaiian Islands to theRep. Robert Hitt House Committee on Foreign Affairs on May 4, 1898. Six days later, hearings were held on the Newlands resolution, and on May 17, 1898, Chairman Robert Hitt (R-Illinois) reported the Newlands resolution out of the Committee of Foreign Affairs, and debates ensued in the House of Representatives until the resolution was passed on June 15, 1898.

Rep. Charles ClarkOn June 11, 1898, Congressman Hitt began the debate by giving a lengthy testimony calling for the annexation of the Hawaiian Islands as a military necessity. One of the opponents to the scheme of annexation was Congressman Charles Nelson Clark (R-Missouri). He too gave a lengthy testimony on the floor of the House during the debate and one of his key points centered on the lack of support the so-called Republic of Hawai‘i had from the people of the Hawaiian Islands. He was making specific reference to the signature petition against the treaty of annexation by the Hawaiian Patriotic League that was submitted by Senator George Hoar (R-Massachusetts) after meeting with the officers of the league in Washington, D.C. This signature petition was a major reason why the Senate failed to acquire the necessary two-thirds vote to ratify a treaty of annexation that was signed by the McKinley administration and the so-called Republic of Hawai‘i. The treaty failed.

Here follows Congressman Clark’s testimony during the debate on June 11, 1898 (vol. 31, Congressional Record, p. 5793):

*******************************************************

AGAINST THE WILL OF THE HAWAIIAN PEOPLE

The cornerstone of this Republic is the proposition enunciated by Thomas Jefferson, the chief priest, apostle, and prophet of constitutional liberty—“Governments derive their just powers from the consent of the governed.”

If that proposition is not true, then the American Revolution was a monstrous crime; Washington, Warren, Montgomery, Greene, Marion, and all that band of heroes were turbulent traitors to King George III; John Hancock, Old John Adams, Patrick Henry, Richard Henry Lee, and their Congressional compeers pestilent disturbers of the peace; and all the blood shed in our two wars with Great Britain was wanton and wicked waste. If that proposition is not true, William McKinley is this day exercising functions usurped from Victoria Guelph, and this body is composed of mouthy brawlers doing unlawfully those things which the English House of Commons has the sole right to do.

If that proposition is not true, you, Mr. Speaker, are not Speaker de jure, but only Speaker de facto, interfering pro tanto with the prerogatives of the speaker of the English House of Commons, Mr. Gully, who is the grandson of a professional pugilist. [Laughter and applause.]

This annexation scheme is in flagrant violation of that basic principle of our Republic, for many thousand Hawaiians—more than the entire male adult population—have solemnly protested against the sale and delivery of their country to us by a little gang of adventurers who, claiming to be the whole thing, are offering to us a property of which they have robbed the rightful owners. And now America, which has been solemnly declared by the Supreme Court to be a Christian land, is to be made the receiver of these stolen Hawaiian goods.

If an ordinary citizen receives stolen goods, he commits a penitentiary offense. Wherein, I beg leave to inquire, is the difference of principle between in stealing ordinary property and in stealing an island or a group of islands, or in receiving them after they are stolen? The only justification lies in the thievish theory that if the theft is big enough, it ceases to be a crime and takes on the character and complexion of a virtue, and the perpetrators thereof, instead of being consigned to the striped uniforms, cramped quarters, meager diet, and hard labor of felons, are to be hailed as statesmen and rewarded with the plaudits of a grateful people—a theory which, I regret to say, is growing in this country.

But the jingoes tell us that this protest of the Hawaiians is all bogus, gotten up by designing knaves, and that the Hawaiians are falling over each other in their eagerness for annexation. If this is true, why not submit this annexation scheme to a popular vote in Hawaii, as was done in the case of Texas, and which was provided for in the treaty once negotiated with Santo Domingo, but which happily was never ratified, or have a plebiscite, as Napoleon III was in the habit of doing whenever he felt like it or wished to cure himself of ennui produced by wearing his uncle’s heavy crown, which was too large for him? That would be fair and would remove one difficulty. Certainly Mr. Sanford B. Dole could guarantee that every vote in favor of annexation would be counted at least once.

Does he or do his sponsors here shrink from the test of Hawaiian manhood suffrage on that proposition?

If a fair election on that proposition can not be had, what assurance have we that fair elections can be had hereafter, if we annex these islands? If the Hawaiians are not fit to vote on a proposition of vital interest to themselves, who will have the effrontery to say that they are fit to vote for all coming time on propositions of vital interest to us and to our posterity?

If governments derive their just powers from the consent of the governed, how does it happen that the Hawaiians are to have no voice in a performance which transforms their country from an independent nation into a mere outpost of this Republic?

Let him answer who can.

This submission to a vote of the Hawaiian male adults of a proposition decisive of their destiny ought to be insisted on by Congress as a condition precedent to even considering annexation.

This is the American method of procedure—a method bottomed on the eternal principles of wisdom, justice, and liberty.

We should demand a free ballot and a fair count for the Hawaiians, whose patrimony has been appropriated by President Dole and his partners in the oligarchy.

The annexation shouters claim that the Hawaiian names appended to the remonstrance are largely fictitious, and chiefly secured as signers under false pretenses. We deny it. Issue is squarely joined on an important matter of fact. It can be settled by a vote of the Hawaiian males over 21 years of age. Who can deny that that is a fair test?

All the machinery of elections is in the hands of the little coterie of oligarchists. They are able, resolute, ambitious men. They can be relied upon to see to it that every annexation voter votes and that his vote is counted. They can also be relied on to see to it that not an unlawful vote is cast against the scheme of annexation, for their fortunes depend upon annexation. Can anything be more clearly just? Is President Dole afraid of the verdict of his own people? I pause for a reply.

None of his friends answer, so I will answer myself. He can not be induced to submit this scheme to a popular manhood suffrage vote, for the very good reason that he knows that he and his friends hold office through usurpation and that the vast majority of the Hawaiian people are bitterly opposed to him and all his works. He the friend of liberty, is he? How does it happen, then, that while under the monarchy 14,000 persons were permitted to vote, only 2,800 are given the elective franchise under the oligarchy?

Let it be remembered also that a large percentage of these 2,800 voters have been colonized in Hawaii by Dole & Co. since they have been conducting the Government. What a misleading misnomer is it to dignify this little handful of close-corporation oligarchists with the name of a republic! What a burlesque upon truth, what a travesty upon justice, what an affront to intelligence to assert that Dole and his gang have any claims upon us or upon any other friends of representative government and human freedom!

Oh, yes, but we are told that all male citizens of the Sandwich Islands can vote who will swear that they will support the present Republic and the present constitution of Hawaii. Now, at first blush that seems perfectly fair; but it is a delusion and a snare, as will readily appear from this fact: The constitution, which the Hawaiian people never had any hand in adopting, provides for this very scheme of annexation, which the Hawaiian people detest. That condition for voting is a very skillful contrivance. It exhausted human ingenuity to invent it as is worthy of Machiavelli himself. In order to vote at all a citizen of the Sandwich Islands must solemnly swear to support a constitution which deprives his country of its nationality. What man who has any reputation to lose indorses such a swindle on a feeble people? Under it only about 2,800 persons to vote, and that is about the number in favor of annexation.

176 Countries Visiting Hawaiian Kingdom Blog

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HK Blog Stats 10-19-2014

Since the Hawaiian Kingdom blog was launched in August 2012 there has been nearly half a million hits from 176 countries, which includes non-self-governing territories, e.g. French Polynesia, Guam, American Samoa, Macao, Hong Kong and the Northern Mariana Islands. The largest number of visits come from the United States at 427,227, followed by Germany at 1,932, and the United Kingdom at 1,255.

HK Blog Stats Countries 10-19-2014 (All time)

The highest number of visits on a single day was 5,709 on May 11, 2014, and the blog has averaged 2,500 visits per day. For the past 30 days there has been a total of 57,776 visits from the following countries.

HK Blog Stats Countries 10-19-2014 (1)HK Blog Stats Countries 10-19-2014 (2)HK Blog Stats Countries 10-19-2014 (3)HK Blog Stats Countries 10-19-2014 (4)

Comprehensive Plan to Transition from Illegal Regime to Military Government

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The United States has had its footprint in the Hawaiian Kingdom since U.S. troops unlawfully landed on Hawaiian territory on January 16, 1893, in order to secure protection for a puppet government, calling themselves the Committee of Safety. The puppet government was created by the U.S. diplomat John Stevens. The following day, Stevens extended de facto recognition to this small group of roughly 30 individuals calling themselves the provisional government and ordered the U.S. troops to protect them from arrest by the Hawaiian police force for treason. Their stated purpose was to seek annexation to the United States.

A treaty of annexation was signed in Washington, D.C. between the insurgency and President Benjamin Harrison on February 14, 1893 and submitted to the U.S. Senate for ratification. On March 4th, President Grover Cleveland replaced Harrison and after receiving a diplomatic protest from Queen Lili’uokalani on the 9th he removed the treaty from the Senate and initiated a presidential investigation into the overthrow of the Hawaiian Kingdom government. His investigator, James Blount, who was the former Chairman of the House Committee on Foreign Affairs, reported “The American minister and the revolutionary leaders had determined on annexation to the United States, and had agreed on the part each was to act to the very end.” The investigation was completed on December 18, 1893 and determined the United States was responsible for the unlawful overthrow of a friendly government.

Negotiations took place between the Queen and the President’s diplomat, Albert Willis, in Honolulu beginning on November 13, 1893, and an agreement was reached on December 18th that obligated the United States to reinstate the Queen in her constitutional authority and thereafter the Queen to grant a pardon to the insurgents. This agreement, which under international law is a treaty, was not carried out. This allowed the illegal regime to hire American mercenaries in order continue to intimidate and coerce government officials in the executive and judicial branches of the Hawaiian government to sign oaths of allegiance. This illegal regime changed its name to the so-called Republic of Hawai‘i on July 4, 1894.

On August 12, 1898, the United States disguised the military occupation during the Spanish-American War as if Hawai‘i ceded its territory and sovereignty by a treaty. There is no treaty. According to Marek’s Identity and Continuity of States in Public International Law, p. 110, “a disguised annexation aimed at destroying the independence of the occupied State, represents a clear violation of the rule preserving the continuity of the occupied State.”

The regime’s name has since been changed to the Territory of Hawai‘i in 1900 and then to the State of Hawai‘i in 1959. For the past 121 years the United States footprint has never left the islands and because of its deliberate failure to administer the laws of the Hawaiian Kingdom through its illegal regimes since 1893 it has created a state of emergency that called for a comprehensive plan for transition from an illegal regime to a military government before the occupation can come to an end.

When a State is illegally occupying territory and has established an illegal regime, all official acts of the occupying State are null and void except for the registration of births, marriages and deaths. This is referred to as the Namibia exception, which was formulated by the International Court of Justice (ICJ) during the existence of an illegal regime established by South Africa when it unlawfully occupied Namibia. Examples of official acts include, but are not limited to, the function of notaries, registration of land titles, decisions by judicial and administrative courts, enactment of laws, licensing, etc. In his comment on the Namibia exception, the United Nations Secretary General noted that the determination of any legal validity of South Africa’s illegal presence would be the prerogative of the Namibian Legislative Assembly.

When a country’s territory is occupied by a foreign State, acts of a political nature are suspended throughout the duration of the occupation, which includes the right to vote. And when neutral territory is occupied by a belligerent State, the 1907 Hague Convention IV is not applied in its entirety. According Takahashi’s International Law Applied to the Russo-Japanese War, p. 251, and acknowledged by the U.S. Army Judge Advocate General (JAG) School’s Text no. 11, Law of Belligerent Occupation, p. 4, the only sections of the Hague Convention IV that apply to neutral territory under occupation by a belligerent State are:

Article 42—on the elements and sphere of military occupation;
Article 43—on the duty of the occupant to respect the laws in force in the country;
Article 46—concerning family honour and rights, the lives of individuals and their private property as well as their religious convictions and the right of public worship;
Article 47—on prohibiting pillage;
Article 49—on collecting the taxes;
Article 50—on collective penalty, pecuniary or otherwise;
Article 51—on collecting contributions;
Article 53—concerning properties belonging to the state or private individuals, which may be useful in military operations;
Article 54—on material coming from neutral states; and
Article 56—on the protection of establishments consecrated to religious, warship, charity, etc.

The occupant State’s “authority may be exercised in every field of government activity, executive, administrative, legislative and judicial,” as stated in the JAG’s Law of Belligerent Occupation, p. 38. “The occupant’s laws and regulations which find justification in military necessity or in his duty to maintain law and safety are legitimate under international law. Conversely, the acts of the occupant which have no reasonable relation to military necessity or the maintenance of order and safety are illegitimate.”

The United States use of illegal regimes to further entrench the disguised occupation of the Hawaiian Kingdom is a direct violation of the laws of occupation and general international law. As such, it has drawn to the forefront the Namibia exception with regard to these violations, which renders every executive, administrative, legislative and judicial acts done by these regimes since January 17, 1893 to be invalid and void except for the registration of births, marriages and deaths. As the national and international communities are becoming aware of the profound legal and economic ramifications of the United States’ failure to abide by international law, the situation in the Hawaiian Kingdom is cataclysmic.

In response to a course heading to unrivaled calamity for the country and the world at large, the acting Council of Regency could find no other recourse but to decree provisional laws for the Hawaiian Kingdom on October 10, 2014 in light of the United States’ violation of international law and the law of occupation for the past 121 years. Included in the decree of provisional laws are those laws having emanated from the Hawaiian legislatures that were convened under the so-called Bayonet Constitution of July 6, 1887, which was the beginning of the insurgency. This so-called constitution was not proclaimed in accordance with Hawaiian constitutional law.

For a detailed analysis of the formation of the acting Council of Regency under the doctrine of necessity download “The Continuity of the Hawaiian State and the Legitimacy of the acting Government of the Hawaiian Kingdom.”

As a result of an effective American occupation, the acting Council of Regency does not have the capacity or the ability to enforce the provisional laws proclaimed under the doctrine of necessity. It is the United States that must carry this out. Failure to do so would only lead to economic ruination for not only the United States, but also for the Hawaiian Kingdom and its citizenry, being the victims of these egregious and criminal violations.

This is analogous to the United States having stepped on a land mine called Hawai‘i’s sovereignty on January 16, 1893. That foot has not moved since then, and for the United States to remove its foot from this land mine and begin to comply with the international laws of occupation would consequently admit to the illegality of 121 years and the land mine would blow up legally and economically. That explosion would not only severely injure the United States, but it could also do the same to the Hawaiian Kingdom and everyone residing in these Islands to include those who are legally and economically tied to these islands who live abroad. What’s needed is a means by which the weight of the United States as a government could be replaced by an equal weight so that the land mine can be disarmed. Only a government could do such a thing, and in this case it could only be done by the acting Government of the Hawaiian Kingdom, which itself was established in 1997 by the doctrine of necessity. The decree of provisional laws is this equal weight needed in order for the United States to remove its foot and begin to administer the laws of the occupied State according to the 1907 Hague Convention IV and the 1949 Geneva Convention IV.

The decree of provisional laws is a practical and comprehensive plan for transition from an illegal regime to a military government that relies on international law, which includes treaties, international customs, general principles of law recognized around the world, the decisions of international courts, scholarly writing, and the laws of the Hawaiian Kingdom. It is not intended to end the occupation, but rather to bring compliance to the laws of occupation. It is the responsibility of the acting government to ensure implementation of these provisional laws by any and all lawful means.

A State of War Between Hawai‘i and the United States Now at 121 years

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Under international law, war does not only apply to belligerent States, but also applies to neutral States whose territories have been invaded and occupied by one of the belligerents in its course of war with the other belligerent. According to Oppenheim’s International Law (7th ed.), p. 685, “hostilities against a neutral [State] on the part of either belligerent are acts of war, and not mere violations of neutrality. Thus the German attack on Belgium in 1914, to enable German troops to march through Belgian territory and attack France, created war between Germany and Belgium.” While Belgium was occupied by Germany from 1914-1918, Belgium was, for the purposes of international law, also at war with Germany during the occupation.

By the 1839 Treaty of London, Great Britain, Austria, France, the German Confederation, Russia, and the Netherlands recognized Belgium as an independent and perpetual neutral State. Under international law, a neutral State cannot wage war but is limited to the defense of its territory. During World War I, Belgium’s neutrality was violated by Germany in its war against France.

When “neutral territory becomes the region and theatre of war, and is militarily occupied by a belligerent, the occupant does not possess such a wide range of rights with regard to the occupied country and its inhabitants as he possesses in occupied enemy territory,” states Oppenheim, p. 241. “He can indeed resort to all measures which are necessary for the safety of his forces; but he cannot exact contributions or appropriate cash, funds, and realizable securities which are the property of the neutral State.”

Like Belgium, the Hawaiian Kingdom was a neutral State explicitly recognized in its treaties with Spain in 1863 and the Kingdom of Sweden and Norway in 1852. Article 26 of the Hawaiian-Spanish treaty, states “All vessels bearing the flag of Spain, shall, in time of war, receive every possible protection, short of active hostility, within the ports and waters of the Hawaiian Islands, and Her Majesty the Queen of Spain engages to respect, in time of war the neutrality of the Hawaiian Islands.”

On April 25, 1898, war broke out between the United States and Spain, and fighting between the armed forces of both belligerents took place in the Spanish possessions of Guam and the Philippines in the Pacific Ocean, and Cuba and Puerto Rico in the Caribbean Ocean. The next month, United States naval convoys entered Honolulu harbor to re-coal their ships on their way to fighting in the Philippines. This action taken by the United States naval forces was a direct violation of Hawai‘i’s neutrality under the Hawaiian-Spanish Treaty, which prompted a formal protest by the Spanish Vice-Consul H. Renjes June 1, 1898.

The Spanish protest declared, “In my capacity as Vice Consul for Spain, I have the honor today to enter a formal protest with the Hawaiian Government against the constant violations of Neutrality in this harbor, while actual war exists between Spain and the United States of America.” The last battle was fought on August 13, 1898 when U.S. forces captured the city of Manila, and the war officially ended on December 10, 1898 when a treaty was signed in Paris.

As a result of United States intervention in 1893 and the subsequent creation of a puppet government, calling itself the provisional government and later renaming itself the Republic of Hawai‘i, the United States took complete advantage of its own creation in the islands during the Spanish-American War.

“Puppet governments are organs of the occupant and, as such form a part of his legal order,” explains Krystyna Marek in Identity and Continuity of States in Public International Law (2nd ed.), p. 114. “The agreements concluded by them with the occupant are not genuine international agreements, however correct in form; failing a genuine contracting party, such agreements are merely decrees of the occupant disguised as agreements which the occupant in fact concludes with himself. Their measures and laws are those of the occupant.”

According T.A. Bailey, whose article “The United States and Hawai‘i During the Spanish-American War” was published in The American Historical Review (1931), “The position of the United States was all the more reprehensible in that she was compelling a weak nation to violate international law that had to a large degree been formulated by her own stand on the Alabama claims. Furthermore, in line with the precedent established by the Geneva award, Hawaii would be liable for every cent of damage caused by her dereliction as a neutral, and for the United States to force her into this position was cowardly and ungrateful. At the end of the war, Spain or cooperating power would doubtless occupy Hawaii, indefinitely if not permanently, to insure payment of damages, with the consequent jeopardizing of the defenses of the Pacific Coast.”

Bailey’s reference to the Alabama claims was an international arbitration case between the United States and Great Britain in the city Geneva that centered on Britain’s violation of neutrality by building war ships for the Confederate States in America’s Civil War. One of these ships was called the C.S.S. Alabama. The arbitral tribunal concluded the British violated the international law of neutrality and had to compensate the United States $15.5 million dollars for all damages inflicted by the ships built in Great Britain.

“Although the [Hague] conventions expressly apply only to the occupation of hostile or enemy territory, …it is usually held that they apply also to the forceful occupation of neutral territory,” says Gerhard von Glahn in The Occupation of Enemy Territory, p. 12. “Thus provisions of the applicable articles should have been mandatory in their application to the German occupation of Denmark, Norway, and other countries neutral at the time of their invasion by the forces of the Third Reich.”

In 1893, President Grover Cleveland reported to the Congress ““on the 16th day of January, 1893, between four and five o’clock in the afternoon, a detachment of marines from the United States steamer Boston, with two pieces of artillery, landed at Honolulu. The men, upwards of 160 in all, were supplied with double cartridge belts filled with ammunition and with haversacks and canteens, and were accompanied by a hospital corps with stretchers and medical supplies. This military demonstration upon the soil of Honolulu was of itself an act of war, unless made either with the consent of the Government of Hawaii or for the bona fide purpose of protecting the imperiled lives and property of citizens of the United States. But there is no pretense of any such consent on the part of the Government of the Queen, which at that time was undisputed and was both the de facto and the de jure government.”

Failing to carry out the executive agreement of December 18, 1893 to reinstate the Hawaiian Kingdom government negotiated between U.S. Ambassador Albert Willis and Queen Lili‘uokalani, the United States allowed their puppet government calling itself the provisional government to remain in existence. On July 4, 1894, the name was changed to the Republic of Hawai‘i, then renamed to the Territory of Hawai‘i on April 30, 1900, and then the State of Hawai‘i on March 18, 1959.

Since the admitted “act of war” was committed by the United States on January 16, 1893, the Hawaiian Kingdom has been in a state of war with the United States now going on for 121 years. This is the longest state of war between States in the history of international law since the Thirty Years’ War that established international law as we know it today through the 1648 Treaty of Westphalia.

Despite the prolonged and illegal occupation of the Hawaiian Kingdom, international law provides for its continued existence, especially in light of its legal status as a neutral State, and the failure of the United States to comply with international law, the international laws of occupation and international humanitarian laws. The Proclamation of the acting Council of Regency provides the legal foundation for the United States’ compliance to international law in light of 121 years of violation.

King Kalakaua Visits Thomas Edison in New York City in 1881

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The Sun_Cover_1881The Sun_Cover_1881_Kalakaua_Article

The New York Sun newspaper on September 26, 1881 reported:

KalakauaKing Kalakaua was introduced to Mr. Thomas A. Edison at the latter’s headquarters, in Fifth avenue, at 9 o’clock last night. Mr. George Jones, the proprietor of the Times, met his Majesty in Vienna, and when the conversation turned upon the electric light, Mr. Jones promised to introduce the King to the electrician when met in New York. At 9 o’clock Mr. Edison was in an upper room at work. A half dozen friends and assistants were with him. The electric lights were burning throughout the building. A carriage rumbled up to the curb, and in an instant the King, Mr. Jones, Attorney General Armstrong, and one or two other entered. They were shown into a rear room, and as they stood there, looking at the chandelier, Edison came in. His hair was tousled in every direction. As he entered he ran his hand nervously through his hair, as if conscious that it was discorded, and thus made it worse. Mr. Jones introduced him to the King, and he nodded rather than bowed, at the same time extending one hand absent-mindedly, first at Mr. Jones and then at the monarch, who took it, and looked smilingly into the boyish face of the inventor.

“I have heard about you, Mr. Edison,” said his Majesty, “and I have wished to see you and your wonderful inventions.”

The King has gained a decidedly English intonation since his last visit, and the melodious voice that he possesses, in common with the people of his kingdom, renders that intonation more than usually agreeable. He was dressed in black, relieved only by his white collar, the horseshoe of brilliant diamonds on his scarf, and his white cuffs.

Thomas EdisonEdison exhibited his light, turning one burner up and down, and then putting all out at once and instantly relighting them. The King was interested. Attorney-General Armstrong says that his Majesty is especially interested in the electric light, because his capital, Honolulu, must be lighted soon by something superior to the kerosene now employed there. The monarch is undecided whether the new illuminator shall be gas or electricity, but has resolved to wait until electricity has had a full and practical trial. The King saw Edison’s representative in Paris and learned much from him. Last night there was an awkward pause after the King had complimented Edison and Edison had nodded back his thanks. Everybody felt a little uncomfortable. The King broke the spell by suddenly asking: “How do you produce those carbon arcs?”

Instantly the electrician was at home, and he launched out into a description of his lamp, couched in homely language, and illustrated with bits of wire and portions of his apparatus. He and the King were left together, and the others stood apart. Presently some ladies came in softly, and, getting behind the others, saw royalty deferring to genius. Edison was so interested that he occasionally left the King’s side to correct what he heard others saying, and once he left his Majesty all alone, holding a picture and not knowing what to do with it. The King is a good listener and appeared to be interested. He asked practical and sensible questions. He was astonished to hear that Edison was going to sell power as well as light. He said he had not heard of that before. He was amazed at Edison’s maps of the business districts, peppered all over with dots, each of which represented a gas burner wherever there is a gas burner, and at other maps covered with parallelograms of varying sizes, representing the amount of horse power in use in the same localities.

“Can you lay your wires in submarine cables?” Attorney-General Armstrong asked.

“Well, it would cost so much, that’s all,” Edison replied.

“Because you might come over to the Sandwich Islands,” the King’s advisor said, “where we have a volcano that burns a thousand million tons of coal a day, and you could put your boilers on top of the volcano and get power enough to supply the country.”

“Is that where you get your coal?” Edison asked, overlooking the joke in his thirst for information.

“No; we get our coal from Australia,” said the Attorney-General,” but we build great hopes on that volcano. When we sell out we expect to get more for that than for anything we have got.”

At this the King laughed heartily. He went through the building with Edison and watched the inventor with unaffected curiosity. He was astonished to hear that the carbon horseshoes gradually became so hard by burning that they will cut glass like a diamond. The King suggested that this information would be prized by the ladies. Up stairs, where there is a burner over a compositor’s type case, the King was show a book to illustrate the steadiness and gentleness of the light. The conversation turned upon the Hawaiian language, which the Attorney-General told Edison was extremely soft and musical. Edison said he should like to hear it, and the King was prevailed upon to say something in Hawaiian. The King proved bashful. He hesitated a moment,

“I say to you,” he said, “Ho-e ke-low-a—that means ‘How are you?’”

“I know the words ‘Mauna Loa,’” Edison said.

“The language is full of the vowel sound,” said Gen. Armstrong, “It has only thirteen letters.”

“Twelve,” said the King.

“Twelve,” said Gen. Armstrong: “all the vowels and a few consonants.”

The King went with Edison down stairs to the engine room, and Edison showed him the dynamo machine and motor. After that the King thanked the inventor, said he had been greatly interested, shook hands with him, and, with Mr. Jones and the others, quitted the building.

In the morning the King and Lord High Chamberlain Judd had been to Irvington, where they spent the day with Mr. Mason, an old resident of the Sandwich Islands. They returned to the city in the evening. The King has received many calls at the Brunswick. The visitors have been mainly persons who have been in the Sandwich Islands or people whom he met on his travels. He has declined a number of social invitations out of respect to the national distress.

New Zealand Radio Station “The Wire” Interviews Dr. Keanu Sai

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95bFM The Wire

Nick Bond of 95bFM – The Wire, an independent radio station in Auckland, New Zealand, interviewed Dr. Keanu Sai.

Most people would say that the United States of America has 50 states, and that Hawai‘i is one of them. But Hawaiian academic Dr. Keanu Sai says otherwise. Sai says that Hawai‘i was never legally annexed to the United States, and has been illegally occupied for the past 121 years. Wire producer Nick Bond asks Sai whether Hawai‘i really is a nation under occupation.

To listen to the interview of Dr. Keanu Sai click here.

State of Hawai‘i Hawaiian Homes Commissioner “Uncle Joe” Tassil Calls for Moratorium on all Evictions in Hawaiian Homes because of War Crimes

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FOR IMMEDIATE RELEASE:

HAWAIIAN HOMES COMMISSIONER “UNCLE JOE” TASSIL CALLS FOR MORATORIUM ON ALL EVICTIONS IN HAWAIIAN HOMES

9/22/2014

RENWICK_TASSILLAt Hawaiian Homes hearing at Paukukalo 10:00 a.m. this morning, “Uncle Joe” Tassil called for a moratorium of all evictions in Hawaiian Homes until the Justice Department responds to a letter authored by Dr. Chang, Professor of Law at UH which letter was premised upon a letter and memorandum drafted by Dr. Keanu Sai, Ph.D. regarding the current existence of the Hawaiian Kingdom and the unlawful occupation by the United States in Hawai’i. Attorney Dexter Kaiama testified on behalf of qualified Hawaiian Beneficiaries as to Department of Hawaiian Homelands, a state agency’s, lack of jurisdiction.  Christopher Fishkin, a legal assistant to a law office in Wailuku, testified separately, to numerous violations of Federal law by DHHL and violations of the rights of qualified Hawaiian beneficiaries pursuant to the Federal law. Fishkin also encouraged the Commissioners to adopt Commissioner Tassil’s recommendation of a moratorium of evictions, to review and address the violations of Hawaiians’ rights in Hawaiian Homes which Fishkin asserted were being perpetuated against qualified Hawaiian beneficiaries under the color of state law.

Representative of Habitat for Humanity and solar energy providers to Hawaiian Homes testified as to lengthy delays in their being able to provide services to Hawaiians in Hawaiian Homes and unclear contractual obligations in order to do so.

Contact Commissioner Joe Tassil for more info. 808-664-6901