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

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

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

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

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

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

The Estate of the Crown

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

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

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

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

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

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

On that day the Legislature elected Lunalilo as King. From December 11, 1872 to January 8, 1873, the Kingdom was headed by a Council of Regency. Article 33 of the 1864 Constitution provides that “the Cabinet Council at the time of such decease shall be a Council of Regency…who shall administer the Government in the name of the King, and exercise all the Powers which are Constitutionally vested in the King.”

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

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

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

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

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

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

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

The Estate of Nobles (Chiefs)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Estate of the People

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

The Mainland Council of the Hawaiian Civic Clubs (MCHCC) sponsored three town hall meetings “Ho`ohanohano I ko Kūpuna Na`auao” (To honor the wisdom of our ancestors). MCHCC stated that the purpose of these meetings was to bring balanced information to the community about Hawaiians’ political standing and to facilitate a grassroots discussion with leadership about the relationship between the United States Government and the Hawaiian people who live in the United States. These meetings were not only for Hawaiian Civic Club members and all Hawaiian and non-Hawaiians were welcomed to come, listen, ask questions and learn. Each meeting also had a representative from the Department of Interior to receive written testimony and answer questions.

The first town hall meeting took place in Las Vegas on July 27, 2014; the second meeting took place at California State University – East Bay in Hayward on August 9, 2014; and the third meeting took place at Springfield College in Tustin on August 10, 2014. Here are follows video of the town hall meeting in Tustin in 4 parts.

August 11, 2014

Dear Secretary Kerry:

Aloha and welcome to the Hawaiian Islands. I am a Professor of Law at the University of Hawaiʻi William S. Richardson School of Law.  I am writing in my individual capacity and on behalf of others. The views expressed here are not those of the University of Hawai’i or the School of Law.

Since you will be in Honolulu, August 13, 2014, I ask whether you would be willing to meet with the Hawaiian community. The purpose of this meeting would be to clarify a legal issue of foreign relations that has become of critical importance to all in Hawaii these past months.

The Department of Interior, in June and July of this year held 15 statewide hearings as to whether to proceed with rulemaking that would result in administrative action recognizing Native Hawaiians as a federally recognized tribe. The testimony taken revealed that the single most important issue to the  hundreds testifying was whether the United States has sovereignty over the Hawaiian Islands and whether the Kingdom of Hawai’i, a sovereign and independent nation  continues to exist. This is a legal, not a political issue. We seek that you ask the Department of Justice, Office of Legal Counsel, to opine on whether the Kingdom of Hawai’i, as a subject of international law, ceases to exist in light of the international rule of law regarding the presumption of continuity.

The continued existence of the Kingdom would render the Department of Interior’s proposal legally questionable. The existence of the Kingdom raises the question that Hawai’i is occupied by the United States in violation of international and United States law. As a result, such occupation has extraordinary ramifications as to current United States foreign policy around the world because of the Kingdom of Hawai’i’s treaties with other independent nations.   Officials of the Departments of Interior and Justice who represented the United States at these hearings did not answer these questions deferring to the Department of State as the appropriate agency.

These issues were also raised by a State official, Dr. Crabbe, Chief Executive Officer of the Office of Hawaiian Affairs, an agency of the State of Hawai’i, in a letter, made public, to you. Although that letter was withdrawn by trustees of the Office of Hawaiian Affairs, its relevancy was affirmed by hundreds of those testifying who cited to it. It contains a more detailed explanation of points raised herein. A copy of Dr. Crabbe’s complete letter of May 5, 2014 can be found at: http://www.oha.org/news/oha%E2%80%99s-top-executive-makes-formal-request-us-department-state-legal-opinion-current-status-hawai  (last checked August 4, 2014 4:10 PM.)

Moreover, a more detailed letter of mine, further discussing these issues, is being sent to your office in Washington D.C.

I can be reached through my offices at the University of Hawaii. Mahalo and Respectfully yours, Professor Williamson B.C. Chang, William S. Richardson School of Law, University of Hawaii at Manoa.

Williamson Chang,
Professor of Law, University of Hawaii

Professor Williamson Chang was born and raised in Honolulu, Hawai‘i. He graduated from Princeton University with degrees in Asian Studies and from the Woodrow Wilson School of Public and International Affairs. Thereafter, he attended the University of California, Berkeley [Boalt Hall] where he was an editor of both the California Law Review and the Ecology Law Quarterly. He clerked for U.S. District Court Judge Dick Yin Wong in Honolulu and began teaching at the University of Hawai`i the following year.

The Honolulu Civil Beat has published Dr. Keanu Sai’s letter to Assistant Secretary of Insular Affairs, Esther Kia‘aina, as an “open letter.”

Yesterday at a U.S. Department of Interior meeting held in Los Angeles, California, on August 10, 2014, regarding the proposed rule change to recognize Native Hawaiians as a domestic tribe, Assistant Secretary of Policy, Management and Budget for the Department of Interior, Rhea Suh, stated to Dr. Sai that Secretary of the Interior Sally Jewell was forwarded a copy of the letter and that they will be making a direct request to the Department of Justice’s Office of Legal Counsel to respond to his letter. Dr. Sai’s letter stated:

“I am respectfully calling upon you, as Assistant Secretary of Insular Affairs, to immediately submit a formal request to have the OLC provide an exhaustive legal analysis within the framework of international law that shows the Hawaiian Kingdom was extinguished. To not do so is to admit to the United States’ illegal occupation of Hawai‘i.”

In 2010, Hawaiian Civic Clubs from across the Hawaiian Islands and the United States met at its annual convention held at the Keauhou Sheraton Hotel on the Island of Hawai‘i. The first Hawaiian Civic Club was established in 1918 by Prince Kuhio Kalaniana‘ole. The Association of Hawaiian Civic Clubs (AHCC) is a confederacy of fifty-eight clubs that advocates “for improved welfare of native Hawaiians in culture, health, economic development, education, social welfare, and nationhood,” that was established in 1959. According to Dot Uchima, Recording Secretary, the AHCC “has established a reputation of serious consideration on community issues and mana‘o of the membership as it convenes annually at locations where clubs are represented,” and that “many resolutions adopted by the Association’s delegation at convention have served as the basis for proposed state and federal legislation.”

At the 2010 Convention, Ka Lei Maile Ali‘i Hawaiian Civic Club introduced resolution 10-15, “Acknowledging Queen Lili‘uokalani’s Agreements with President Grover Cleveland to Execute Hawaiian Law and to Restore the Hawaiian Government.” The resolution passed. To access all the 2010 Resolutions passed in Convention click here.

On March 14, 2011, State of Hawai‘i Representative Mele Carroll introduced House Concurrent Resolution (HCR) 107 calling for the establishment of a joint legislative investigating committee to investigate the status of two executive agreements entered into in 1893 between the United States President Grover Cleveland and Queen Lili‘uokalani of the Hawaiian Kingdom, called the Lili‘uokalani Assignment (January 17, 1893) and the Agreement of Restoration (December 18, 1893). The Lili‘uokalani Assignment mandates the President to administer Hawaiian Kingdom law, and the Agreement of Restoration mandates the President to restore the Hawaiian Kingdom government as it was prior to illegal landing of U.S. troops on January 16, 1893, and thereafter the Queen to grant amnesty to certain people who committed treason.

HCR 107 acknowledged the AHCC Resolution 10-15 and called for the establishment of a “joint legislative investigating committee to investigate the status of two executive agreements entered into between President Grover Cleveland of the United States and Queen Lili‘uokalani of the Hawaiian Kingdom in 1893, called the Lili‘uokalani Assignment and the Agreement of Restoration,” and the “purpose and duties of the joint committee shall be to inquire into the status of the executive agreements by holding meetings and hearings as necessary, receiving all information from the inquiry, and submitting a final report to the Legislature.”

In a hearing before the Hawaiian Affairs Committee of the House of Representatives, Soulee Stroud, President of the AHCC, gave testimony in support of HCR 107.

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

After passing the House Committee on Hawaiian Affairs and the Committee on Water, Land, and Ocean Resources, HCR 107 was deliberately blocked from getting on to the agenda of the House Finance Committee. If it did pass the Finance Committee it would have moved on for hearings in the Senate Ways and Means Committee, the Committee on Water, Land, and Agriculture, and the Hawaiian Affairs Committee.

This is very timely because the Association of Hawaiian Civic Clubs has publicly taken an affirmative stance through AHCC Resolution 10-15 that calls upon the President of the United States to restore the Hawaiian Kingdom government as it stood on January 17, 1893 and not a native Hawaiian government contrived under domestic United States law, which stands in direct violation of these executive agreements and international law. The AHCC will be meeting again in its annual convention from October 26 to November 2, 2014 at the Waikoloa Hotel, Island of Hawai‘i.

North Las Vegas, NV (KTNV) — Local Hawaiians are meeting to discuss the process of reestablishing a native Hawaiian government to protect the rights of its people around the country.

It has been 121 years since the Hawaiian government was overthrown by American settlers.

At the time native Hawaiians said the nation had dozens of international treaties, including some with the United States.

Over the past two decades, efforts have been underway to make amends.

At this point that discussion involves federal recognition for a native Hawaiian government that is in the process of being reestablished.

“Work with the state, and work with the federal government, and work with the international,” Soulee Stroud, President of the Association of Hawaiian Civic Clubs said.

Supporters of the government to government agreement, similar to that between the U.S. and Native Americans say it would help ensure continued support of the native Hawaiian population nationwide, including the large number of Hawaiians in Southern Nevada.

“In health, education and housing,” Stroud said.

Not everyone is in favor of government recognition, saying it would minimize the power of the native Hawaiians.

Some maintain that the nation should remain sovereign and reestablish an independent government that will seek to update the international treaties that were in place before the unites states occupation began.

“You might say in 1893 Hawaii was kidnapped by the United States, but is treated like it was adopted,” Dr. Keanu Sai said.

There is one positive both sides say is coming out of the discussion.

“I think what it is providing is a venue for people to start asking questions and that is good,” Sai said.

The Department of the Interior is taking written testimony on the issue until the middle of next month.

It will likely be several months after that before any movement is made on the issue.

https://vimeo.com/101779537

There is cause for congratulating ourselves, we who have yet faith in the justice and honor of the great United States, our greatest friend and nearest neighbor, at the presence in our midst of that noble representative of the Senate of the United States Hon. John T. Morgan, of Alabama. The Senator comes not hither unknown, unhonored or unsung, for thousands have heard his voice, only a few weeks ago in the Capital City of California, and tributes of esteem have met him at every turn. To those who have no knowledge of Senator Morgan’s character or position it was sufficient to say that the gentleman is Chairman of the Committee on Foreign Relations of the United States Senate, a Committee which will, in the near future, pass upon questions of grave importance to little Hawaii, and the result of which means an honorable life as an independent nation or the sending out of national existence the only representative nation in the Pacific. Senator Perkins, a long time friend of Senator Morgan, says: “if there is one that ever occupied the position of a Senator with a conscientious desire to do his duty faithfully to the whole people, it is the distinguished Senator from Alabama.” And the words that Senator Morgan given public voice to, before leaving the City of San Francisco, shows his mission hither; he says, “I am going as far as the Hawaiian Islands for the purpose of trying to understand the geographical, commercial and other situations which I conceive to be very important for the people and the Government of the United States and (mark) necessary to enable me to conscientiously discharge duties incumbent on me and my colleagues in the House and the Senate.”

Again, later on, in the speech delivered by him in San Francisco on the evening of tho 6th of September, Senator Morgan gave expression to sentiments which do honor to his heart and head and enables one to place great confidence in this leading American Senator for he said: “I think that an American citizen who is an honest man faithful to his duties and who has a trust reposed in him by the voice of a constituency when he pursues that cause unfalteringly, honestly, impartially and justly is entitled to the encomium at least of ‘Well done thou good and faithful servant.’ When we come to the end of our earthly career, if a higher power shall say to each and all of us, ‘Well done thou good and faithful servant,’ we will feel that we have not insufficiently served the Master who can bestow on us benedictions like that.” To us here in Hawaii, who still love Hawaii and hope for the long-delayed but expected justice at the hands of the United States, Senator Morgan voicing such sentiments, would prove a good advocate when time and opportunity makes him familiar with the surroundings of the coup d’etat which caused Hawaii to be the petitioner to her great and good friend, “Uncle Sam,” to have right and justice done her.

To ask for bread and receive but a stone would hardly be provocative of obtaining the praise and blessing of the Just One so aptly alluded to by Senator Morgan. And, Senator Morgan coming here, as he does, on an honest survey, 2,100 miles across the blue Pacific, shut off for several weeks from his people, came not alone but in company of other distinguished members of the Congress of the United States. But why should those distinguished people come so far? when, as Senator Morgan truly says, “The United States Government, great, majestic, powerful and splendid as it is, is still in its formative period. We are not yet a complete Government.” True, Senator, such has been said before and will be again, and as you yourself say, Mr. Senator, “Look at Alaska, that vast body of land which is developing more wealth, both in the supply of human food from the sea and gold from the land, and timber. Look at it. It has not yet a Governor. It has no Legislature; it has a mere form of a judicial system. New Mexico and Arizona are yet under a territorial Government.” But, is it because the goods are of better quality in Hawaii and practically unprotected that the desire for attainment becomes so prominent to-day. The destiny of Hawaii, situated in the Mid-Pacific as she is, should be that of an independent nation and so she would be were it not for the policy of greed which pervades the American Legislators and the spirit of cowardice which is in the breasts of those who first consummated the theft of Hawaiian prestige.

But from Senator Morgan, we hope for bettor results than might be expected when he already has mapped out that the boundary line, The “outside boundary of the United States is to begin at the island of Pioka, 600 miles west of Honolulu, in the Aleutian Peninsula, and swooping from there to the Hawaiian group, then to the land 12 miles below San Diego on the Mexican border.” But “man proposes and God disposes,” and the Senator, who was a sturdy champion of the cause of succession when it threatened to disrupt that great country of his which he now speaks of so fervently, the Senator knows that the ways of Providence are inscrutable and God defends the right.

Again it seems as though it were a great waste of time and labor for Senator Morgan to leave the shores of California when there is so much there to be done in throttling the gigantic steals which are, as he states he has knowledge of, being perpetrated on the United States Government and the people of California. The Senator states that there is now an attempt being made to steal $25,000,000, and that there is “need for the people of California to take immediate action.” In the next few words the Senator tells those same people, American citizens, and members of that “majestic and splendid Government,” that this great wrong that he speaks of is about being carried out in his own grand country (to which he seeks to annex yet virtuous little Hawaii), this monstrous steal of which the honorable gentleman facetiously remarks that 25,000,000 was taken “for pocket lining,” this wrong is being consummated, and will be consummated, and before Congress meets in next December, * * * we will then have presented to us the judgment of a court upon a great case, and you and I, sir, will be asked to swallow it,” and the Senator plainly tells them that they, the people, are practically helpless in a matter of this kind.”

But let us here in Hawaii aid the Senator in his excursion of some 6000 miles for knowledge on a question which he pleads lack of information although it seems that the name of the Senator has become attached to at least one official brochure which loomed with thoughts upon Hawaii and the annexation to the United States of America. The logical way to debate this question, Mr. Senator Morgan, would be, first, to prove that the United States has a right to annex these islands, for if the coveted territory were a gold mine of inestimable value, if annexation be an unjust act, the United States should positively refuse to add the Hawaiian Islands to her territory, and Senator Morgan, an honorable representative of that great Government, anxious to do his duty conscientiously, with the seeming love for God in his heart and the desire for the approbation of being “a good and faithful servant” on his lips, should be last man to aid, over so little, in the consummation of a wrong. Then let us reason together, Mr. Senator, on the justice of the question. It cannot be foreign to your knowledge, sir, that, in dispatch numbered 74 of ex-American Minister Stevens, that gentleman previous to the so-called revolution of January 16, 1893, published the fact that he was engaged with certain American citizens to overthrow the Hawaiian Government. In this dispatch sent to Washington some fifty days before the revolution, the then American Minister asks for “wise and bold action” to overthrow the monarchy and rescue the property owners.

Can the United States in consistency with past principles annex these islands until she has made herself right before the world by undoing everything that this Minister has done? Can the United States afford to have annexation of the Hawaiian Islands go down into history as having been previously worked up by the United States Minister and American citizens? And let us see fully the hand that the American Minister had in the overthrow of a friendly sovereign. After the Queen had withdrawn the proposed Constitution after an official proclamation had been issued congratulatory on the peace and order which had prevailed, when the usual routine of business and pleasure was again at work, and the Hawaiians had settled down again to their usual quiet life, when no riot had occurred nor no life been lost, Mr. Stevens, the American Minister, writes to Captain Wiltze, commanding the U. S. S. Boston, then in Honolulu Harbor:

“Sir.—In view of the existing critical circumstances in Honolulu, including an inadequate legal force I request you to land marines and sailors from the ship under your command for the protection of the United States Legation and the United States Consulate, and to secure the safety of American life and property.”

Now, Mr. Senator Morgan, where, think you, were the “critical circumstances?” Not in the Government, nor among the Hawaiians. No. The “critical circumstances” were a little knot of foreigners (Americans) trying to overthrow the Constitutional Government so that they could offer the Hawaiian Islands to the United States for annexation, and at the time they did not have a single soldier in arms. It was “critical circumstances” indeed. The Queen with her one thousand or more determined men could have destroyed the conspiracy quickly, but Mr, Stevens, the American Minister, landed the United States troops and held the Queen and the army at bay until the conspirators had organized to overthrow the Government. When the then United States representative (Mr. Blount) arrived here some thirty days after the Provisional Government, which was offering itself and its stolen property to the United States, was still under the protection of Mr. Stevens and the army and navy of America. And Mr. Senator Morgan let me draw your attention to the fact that the Queen did not surrender to the Provisional Government but to the United States and declared in a published statement that, “I yield to the superior force of the United States.” En passant it may be worthy your attention that the protest of Her Majesty to her great and good friend Uncle Sam yet remains unanswered.

Now, Mr. Senator, let us place this state of things as happening in America and at a time, Mr. Senator when you had knowledge from personal experience, of the surrounding circumstances. Let us suppose that at the time the people of the South were working up their great conspiracy to divide the Union that a large Union army was in readiness to squelch the conspiracy. Suppose at this time England with a much larger and stronger army had landed and marched between the forces of the North and South and had held the people of the North at bay until the South had so organized their forces as to be enabled to overthrow the Government! England would have been just as guilty and responsible as if she had taken the American Capital by storm. Do you not think so, Mr. Senator?

But let us consider the position of the United States if this proposed scheme of annexation is consummated. By such act the established policy of the United States is at once broken and the change of national policy is a grave proceeding, it involves the fate of the nation that changes it. The complex territorial interests both at home and abroad of the European powers has forced upon those powers relations of a most intricate character. Territory is the bone of their contention. Intervention is the policy of European nations but it is not the policy of the United States. Instead of being surrounded by rivals, America lives in a sphere essentially her own. No armies or navies are needed to preserve a “Balance of Power,” for there is none to preserve. She is so far distant from the complications of the other great nations that to her it matters not whether the star ascendant of Europe be that of England, France, Germany, Russia or Austria. Her territorial isolation has enabled her to pursue an isolated policy, a policy of “Friendship with all nations and entangling alliances with none” has been the motto of all administrations from Washington on.

The American people delivered from the desire and fear of war sentiments, from standing armies and great navies have been free to take the leading place in this world’s industrial development. But a change of conditions must bring a change of policy. The ocean territories are largely in the possession of other powers; an extension of American domain into the same regions means an identification of American foreign interests with other powers and the consequent entanglement and complications which American policy has always sought to avoid. And why this greed for the Hawaiian Islands? Is it a naval station that is needed? For that it would seem that American home ports are much in need of such protection. Is it a coaling station that is desired? That is obtainable by treaty. Or is it the islands’ wealth that America desires? If so, then America will desire to annex the earth. The shore lines of American policy once crossed is crossed for ever and one acquisition leads but to another. And Mr. Senator, let me say in closing that, annexation or no annexation “Fiat justitia ruat cœlum;” there is a preferred charged of wrong-doing and justice against the United States, let there not be another and graver one of direct subjugation. Ask for the voice of Hawaii on this subject Mr. Senator, and you will hear it with no uncertain tones ring out from Niihau to Hawaii—”Independence now and forever.”

Then Mr. Senator, let The Great Republic of America undo the wrong that has been done to the Hawaiian Nation by its Representatives, and when you come to the end of your earthly career a High Power will say “Well done thou good and faithful Servant.”

James Keauiluna Kaulia.

Honolulu, Oct. 11, 1897.