Under Hawaiian Kingdom law, the term for Native Hawaiians today is aboriginal Hawaiian, irrespective of blood quantum. American law created a blood quantum for aboriginal Hawaiians in order to have access to a 99-year lease of land from the Hawaiian Homes Commission. Hawaiian law has no blood quantum to exercise their vested rights under the law.

Aboriginal is defined as a people who first arrived in a particular region through migration. Aboriginal Hawaiians were the first people to arrive in the Hawaiian Islands from central Polynesia. In her 1884 will that established the Kamehameha Schools, Bernice Pauahi Bishop wrote:

I direct my trustees to invest the remainder of my estate in such manner as they may think best…to devote a portion of each years income to the support and education of orphans, and others in indigent circumstances, giving the preference to Hawaiians of pure or part aboriginal blood.

Hawaiian is the short term for the nationality called Hawaiian subjects. Just as British is the short term for British subjects, which is the nationality of Great Britain. According to the 1890 census, the total population of the Hawaiian citizenry was at 48,107, with 40,622 being aboriginal Hawaiians and 7,495 being non-aboriginal.

Aboriginal Hawaiians are now beginning to see the devastating effects of the American occupation on their vested legal rights. The cause of the denial of these legal rights, under Hawaiian Kingdom law, is the unlawful imposition of American laws over the entire territory of the Hawaiian Kingdom. Since 1919, usurpation of sovereignty, which is the imposition of the laws of the Occupying State over the territory of the Occupied State, is a war crime. One of the legal rights of aboriginal Hawaiians is their right to free health care at Queen’s Hospital.

When the government of the Hawaiian Kingdom was restored, through an acting Council of Regency in 1997, it knew it had to raise awareness of the circumstances of the American occupation and its devastating effects since the unlawful overthrow of the Hawaiian government by United States troops on January 17, 1893. After the Permanent Court of Arbitration recognized the continued existence of the Hawaiian Kingdom as a State under international law, despite the unlawful overthrow of its government, and the Council of Regency as the restored government, its primary focus in exposing Hawaiian Statehood was to restore the national consciousness of the Hawaiian Kingdom in the minds of its people. This was the Hawaiian citizenry.

As part of restoring Hawaiian national consciousness, education, research, classroom instruction, and community outreach was the key to piercing through the veil of over a century of lies. As Dresden James wrote, “When a well-packaged web of lies has been sold gradually to the masses over generations, the truth will seem utterly preposterous and its speaker a raving lunatic.”

On July 31, 1901, an article was published in The Pacific Commercial Advertiser in Honolulu. It is a window into a time of colliding legal systems and the Queen’s Hospital would soon become the first Hawaiian health institution to fall victim to the unlawful imposition of American laws. The Advertiser reported:

The Queen’s Hospital was founded in 1859 by their Majesties Kamehameha IV and his consort Emma Kaleleonalani. The hospital is organized as a corporation and by the terms of its charter the board of trustees is composed of ten members elected by the society and ten members nominated by the Government, of which the President of the Republic (now Governor of the Territory) shall be the presiding officer. The charter also provides for the “establishing and putting in operation a permanent hospital in Honolulu, with a dispensary and all necessary furniture and appurtenances for the reception, accommodation and treatment of indigent sick and disabled Hawaiians, as well as such foreigners and other who may choose to avail themselves of the same.”

Under this construction all native Hawaiians have been cared for without charge, while for others a charge has been made of from $1 to $3 per day. The bill making the appropriation for the hospital by the Government provides that no distinction shall be made as to race; and the Queen’s Hospital trustees are evidently up against a serious proposition.

Queen’s Hospital was established as the national hospital for the Hawaiian Kingdom and that health care services for Hawaiian subjects of aboriginal blood was at no charge. The Hawaiian Head of State would serve as the ex officio President of the Board together with twenty trustees, ten of whom were from the Hawaiian government.

Since the hospital’s establishment in 1859, the legislature of the Hawaiian Kingdom subsidized the hospital along with monies from the Queen Emma Trust. With the unlawful imposition of the 1900 Organic Act that formed the Territory of Hawai‘i, American law did not allow public monies to be used for the benefit of a particular race. 1909 was the last year Queen’s Hospital received public funding and it was also the same year that the charter was unlawfully amended to replace the Hawaiian Head of State with an elected president from the private sector and reduced the number of trustees from twenty to seven, which did not include government officers.

These changes to a Hawaiian quasi-public institution is a direct violation of the laws of occupation, whereby the United States was and continues to be obligated to administer the laws of the occupied State—the Hawaiian Kingdom. This requirement comes under Article 43 of the 1907 Hague Regulations, and Article 64 of the Fourth Geneva Convention.

Article 55 of the 1907 Hague Regulations provides, “[t]he occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the [occupied] State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct.” The term “usufruct” is to administer the property or institution of another without impairing or damaging it.

Despite these unlawful changes, aboriginal Hawaiian subjects, whether pure or part, are to receive health care at Queen’s Hospital free of charge. This did not change, but through denationalization there was a destruction of Hawaiian national consciousness that fostered the web of lies that Hawai‘i was a part of the United States, that aboriginal Hawaiians were American citizens, and there was never free healthcare at Queen’s Hospital.

Aboriginal Hawaiian subjects are protected persons as defined under international law, and as such, the prevention of health care by Queen’s Hospital constitutes war crimes. Furthermore, there is a direct nexus of deaths of aboriginal Hawaiians as “the single racial group with the highest health risk in the State of Hawai‘i [that] stems from…late or lack of access to health care” to the crime of genocide.

Once the State of Hawai‘i is transformed into a military government, according to the international law of occupation, it must immediately begin to administer the laws of the Hawaiian Kingdom. The vested right of aboriginal Hawaiians to free healthcare is a law of the Hawaiian Kingdom. Included with Hawaiian Kingdom laws, as they were before the American occupation began, are the provisional laws of the Hawaiian Kingdom.

In 2014, the Council of Regency proclaimed these provisional laws to be all Federal, State of Hawai‘i, and County Ordinances that “do not run contrary to the express, reason and spirit of the laws of the Hawaiian Kingdom.” In order to determine which laws are consistent with Hawaiian Kingdom law, Dr. Keanu Sai, as acting Minister of the Interior drafted a memorandum that was made public on August 1, 2023. A particular Federal law that is inconsistent with Hawaiian Kingdom law is the IRS tax code.