https://vimeo.com/99608323
Professor Williamson Chang visits Kanaka Express and explains the Organic Act to the Lahui.
Hawaiian Kingdom Blog
Weblog of the acting government of the Hawaiian Kingdom presently operating within the occupied State of the Hawaiian Islands.
Wow, what an incredible show! You need to find a way to get this on 60 Minutes or other news network so the rest of the United States people and the world is aware of the occupation of Hawai‘i.
I agree, Frank. Thank you, Kale and Dr. Chang.
I watch this and contrast against the recent Sovereignty Conversation with John Waihe’e, Robin Danner, Leon Siu, and Poka Laenui (Olelo TV on demand – Ep – 5, Conversation 6: June 21) and it’s clear those wanting federal recognition view the issue of independence purely through a lens of US political and economic power. And, therefore, think these legal paths toward independence are futile. In fairness, they admit their political experience within the US framework has shaped that view.
However, this show is most interesting because it bridges that gap between the pure power and pure legal paths, explaining how our overwhelming international and domestic legal arguments along with our uncompromising cultural sensibilities of aloha really undermine the US’s power position which is largely based on its principles of freedom and rule of law.
The cadre of think leaders from our universities and communities have just begun to educate lahui, especially the next generation, and we are watching a paradigm shift unfold before us. It is refreshing to see aloha in modern action – and challenges us to imagine a future Hawai’i unconstrained by the imposed framework of the last 120+ years.
This show leaves me pondering: what then will my mo’opuna learn of my story within our evolving history? Exciting times, indeed, Kale. I will humbly keep learning with an open mind and heart.
This show has taken us to another level of understanding. Mahalo Dr. Chang and Kale for another exciting chapter of our history in action.
Aloha ke Akua,
Doreene
Wow, what powerful statements at the end. There are tears in my eyes, and I am moved beyond words. Mahalo.
In the middle of this video I realized I/we were taxed without representation. The judges in Hawaii will always rule for the state regardless of the law. The education I am learning throughout this blog is priceless. Mahalo!
Aloha, I agree that the real truth about the Organic Act of 1900 and the Admissions Act of 1959 must be shared with both Hawaiian and non-Hawaiian peoples because many people in Hawaii do not understand the illegal overthrow of 1893, the Annexation Treaty of 1898 did not acquire Hawaii because it was not ratified by the U.S. Senate, the Organic Act of 1900 created the Territory of Hawaii and only referred to the Joint Resolution and Annexation of 1898 and did not describe the Hawaiian Islands, and the Admissions Act of 1959 created the State of Hawaii and only referred to the Organic Act of 1900, which referred to the Joint Resolution and Annexation of 1898. If this can be stated more simply and clearly, the less words and details will create less confusion.
We also need to share that International Law recognizes Hawaii as a sovereign state and therefore Hawaii is currently occupied illegally by the State of Hawaii and the U.S. Federal Government. We must show how the Native Hawaiian people, since Queen Liliuokalani in 1893, have been peacefully and non-violently protesting this illegal occupation using the spirit of Aloha and the truth to achieve Pono.
“Ua Ma Ke Ea O Ka Aina I Ka Pono – The Life of the Land is Perpetuated in Righteousness – should be embraced in the journey of sharing the truth and achieving reconciliation, including redress, reparation, and compensation.
Resolution of this very complex issue will require much patience and most importantly educating people about the truth, which hopefully will result in a better understanding that will lead to reconciliation. Some people may not want to hear the truth and may have already made up their minds and may believe that we can not undo the past and therefore should focus on the future. A Duke University law professor, Jedediah Purdy wrote in an article for ‘Politico Magazine,’ “Much of our partisan division is superficial. The more basic problem is denial.” According to Todd Beamon of Newsmax, “America is in a state of denial – and that inability to accept reality prohibits real discussion among its leaders on how to solve the myriad problems affecting this country. We Americans have learned to look away from some of our hardest problems, such as inequality and climate change, and, when confronted with them, wring our hands and pretend there’s nothing we can do – even when we pretend to be making a fuss about them.”
As another example of how some people may react to the reinstatement or restoration of the Hawaiian Kingdom, today’s Star-Advertiser’s Letters to the Editor included the following:
‘Kingdoms come and go, always’
“Whether the fate of Native Hawaiians should be decided by the U.S. Department of Interior or Native Hawaiians themselves, and whether toppling Queen Liliuokalani’s kingdom occurred with complicity from the U.S. government, are non-issues regarding the long-term status of the state of Hawaii.
The state was created by a majority vote of Hawaiian residents and is a part of the United States, from which it cannot secede.
Hawaiian natives lost their kingdom to the powerful United States. It is probably true that they got the short end of the stick in the process. However, kingdoms, civilizations and governments come and go. That will never change.
The question is, how are you going to deal with it?
A few have persisted in their thinking that their kingdom can be restored.
That has about as much chance of happening as the restoration of the French monarchy.
The people of Hawaii need to move on. Build the state for the future and leave the past behind.”
Gordon Wolfe
Waikiki
I know how many of you feel about this kind of personal opinion that I have an obligation to share with you and the motivation to respond with my own personal opinion that provides the truth, which will hopefully lead to a better understanding and reconciliation as part of the education process.
As fate, karma, et al will have it, I ran into a familiar face last night at a private party hosted by a common acquaintance. When I saw Professor Williamson Chang’s face last night, I told myself that I’ve seen this face before and asked whether he was the Professor Chang I spoke to on the phone about a week ago to educate myself about the Hawaiian Sovereignty Movement, since I was living in the DC area for over 30 years when the Movement got started.
By the way, I’m not Hawaiian but I testified at the U.S. Department of Interior’s public hearing at Kapolei to support long overdue justice for the Native Hawaiian community.
I also got into a very heated discussion with a close relative who held the same opinion as Mr. Wolfe.
I will stand up for my convictions on what’s Pono and persuade others of supporting justice for the Native Hawaiian community.
I plan to collaborate with Professor Chang on the best response to Mr. Wolfe and others who need to know the truth that will lead to a better understanding and reconciliation.
Mahalo and Imua!
Mahalo, George. I have heard the same things as well and, for myself, can only respect those who think differently. It forces me to think consciously and continuously of where my own feet stand on these complex issues. And Dr. Chang’s summary thought on the matter (“Aloha ke Akua”), does the same. It requires me to be of clear heart and mind – and that then leaves me no option but to walk the talk.
I do not know where this leads and I think my chosen path, as those who disagree have warned, is very messy. History leaves me little doubt of that.
There is a feeling of some greater shared destiny, where our history, current events and circumstances have collided and now challenges even the most reluctant of us to sort out our thoughts and decide how we will act. Honestly, I’m not super political and none who know me would consider me in any way an ‘activist’ – just a person who has always acted and spoke her heart and mind. For me, that’s real, right, and trusted.
And that’s what I’ve been telling any I know who disagree with me: I can only respect those who think freely and deeply on this issue, and actively walk their chosen path. If one asks to understand my position, that’s a great thing but everyone’s got to sort out her own destiny.
In the meantime, I unite in action with those who share my ideas, and appreciate those who challenge or question them.
Good for you to collaborate with others who’ve thought deeply on the matter. I thank you for speaking your heart and mind. Mahalo and imua!
Aloha, George
I saw that topic on the Star Advertiser. As much as I would like to go on and talk about that opinion, I’m just gonna say when someone generalizes or compares Hawaii’s history to similar events in the world, its proves ones ignorance of this subject. And from what that person said, he IS ignorant of Hawaii’s legal history. This is why education of Hawaii’s legal history is of the most extremist importance!
I’m glad that you are beginning to understand Hawaii’s legal history. Keep up with educating yourself, George! Go to HawaiianKingdom.org and educate yourself much more (if you haven’t been to that site yet). Maybe even read Dr. Sai’s book “Ua Mau Ke Ea: Sovereignity Endures” That’s a good place to start learning Hawaii’s legal history!
Mahalo
Aloha George, I appreciate your in depth response. I agree that there should be a much more simplified way to list point for point, fact for fact, all of the issues that Professor Chang as well as DR Keanu Sai have discussed previously so the average person can better comprehend and make there own educated decision as to whether they want to continue to be brainwashed by the United States or stand up and be allowed to tell the truth and take the steps so we can be free of this illegal occupation.
I was also in attendance at the Kapolei meeting with the DOI and provided my written testimony. However, I was disappointed to see by brothers and sisters putting each other down and shouting at one another. If we have any hope of living together in Peace going forward there needs to be true respect and Aloha for one another as we attempt to navigate in this huge canoe together towards the same goals.
Aloha,
I’ve spent most of yesterday working with Professor Chang and creating a response to Mr. Wolfe’s “uneducated” comments, “Kingdoms Come and Go, Always.” Thank you Mr. Wolfe for motivating me to develop a response for everyone who reads the Star-Advertiser Letters to the Editor and Commentary. Professor Chang was very kind to offer me his manao and allowed me to send his response to the Star-Advertiser’s Editor as follows:
“Governments don’t just “come and go”— governments do change, but their
stability and longevity depends on their legitimacy under international law. The
so-called United States annexation of Hawaii is based on a joint resolution of
Congress. But a joint resolution, as a law of Congress has no power to acquire
the sovereign nation of Hawaii. If it could, then the legislature of Hawaii
could, by its own laws have acquired the United States. Lacking a treaty, and
there was none, the United States could not and did not acquire the Hawaiian
Islands. Most damning, it is the country claiming sovereignty that has the
burden of proving it acquired sovereignty. There is no treaty of annexation.
The Joint Resolution had no power to acquire Hawaii. The burden is on the United
States—by what act did it acquire the Hawaiian Islands? And don’t say
“statehood” because section two of the act of admission [of Hawaii as a state]
specifically excludes the Hawaiian Islands as part of the State of Hawaii.”
In working the response to Mr. Wolfe’s comments with Professor Chang, I created the following Commentary to the Editor of the Star-Advertiser that provides some historical facts concerning the Hawaiian Kingdom to help our people in Hawaii (and elsewhere) better understand the history and truth regarding the peaceful protests of the Native Hawaiian community at the U.S. DOI public hearings that are currently being held on Maui (last hearing on Maui is today):
History of the Hawaiian Kingdom
The following historical facts of the Hawaiian Kingdom are based on the
Hawaiian Kingdom website, HawaiianKingdom.org, and the textbook and DVD,
“UA MAU KE EA Sovereignty Endures: An Overview of the Political and Legal
History of the Hawaiian Islands,” by Dr. David Keanu Sai.
Great Britain and France formally recognized Hawaiian sovereignty on November
28, 1843 by joint proclamation at the Court of London, and the United States
followed on July 6, 1844 by a letter of Secretary of State John C. Calhoun. The
Hawaiian Islands became the first Polynesian nation to be recognized as an
independent and sovereign State.
On January 16, 1893, United States diplomatic and military personnel conspired
with a small group of individuals to overthrow the constitutional government of
the Hawaiian Kingdom and prepared to provide for annexation of the Hawaiian
Islands to the U.S.A. under a treaty of annexation submitted to the U.S. Senate
on February 15, 1893. U.S. President Grover Cleveland, having received notice
that the cause of the so-called revolution derived from illegal intervention by
diplomatic and military personnel, withdrew the treaty of annexation and
commissioned a special investigation, which concluded that the U.S. legation
assigned to the Hawaiian Kingdom, together with U.S. Marines and Naval
personnel, were directly responsible for the illegal overthrow of the Hawaiian
Kingdom government.
As a result of the Spanish-American War, the U.S. decided to unilaterally annex
the Hawaiian Islands by a congressional joint resolution on July 7, 1898 to use
the Hawaiian Islands as a military base to fight the Spanish in Guam and the
Philippines. However this annexation treaty was not ratified by a two-thirds
majority of the U.S. Senate and is therefore considered null and void.
The Organic Act of 1900 created the Territory of Hawaii and only referred to the
joint resolution and annexation of 1898 and did not provide a legal description
of the Hawaiian Islands that was illegally annexed by deception.
The Admissions Act of 1959 created the State of Hawaii and only referred to the
Organic Act of 1900, which referred to the illegal annexation of 1898.
Since the Spanish-American War of 1898, the Hawaiian Kingdom has been under
prolonged occupation by the U.S.A. On August 10, 2012, the acting government of
the Hawaiian Kingdom filed a Protest and Demand with 55 Annexes against 173
members of the United Nations with the President of the United Nations General
Assembly regarding the U.S. occupation of the Hawaiian Islands. The Protest and
Demand was accepted under Article 35(2) of the United Nations Charter, where a
“State which is not a Member of the United Nations may bring to the attention of
the General Assembly any (situation).”
On December 10, 2012, the acting government of the Hawaiian Kingdom provided its
Instrument of Accession acceding to the jurisdiction of the International
Criminal Court (ICC) with the United Nations Secretary-General in New York
City. By acceding to the ICC Rome Statute, the Hawaiian Kingdom, as a State,
accepted the exercise of the ICC’s jurisdiction over war crimes committed within
its territory by its own nationals as well as war crimes committed by nationals
of States that are not State Parties to the ICC Rome Statute, such as the U.S.
The ICC prosecutes individuals and not States.
On June 17, 2013, the ICC received the Hawaiian Kingdom acting government’s
Referral to initiate criminal investigations and its Declaration extending the
jurisdiction of the ICC to investigate war crimes committed on Hawaiian
territory since July 1, 2002.
Since both Letter and Commentary to the Editor of the Star-Advertiser are now considered public documents, I posted these documents on the U.S. DOI public hearing website, http://www.regulations.gov, under Regulation Identifier Number 1090-AB05 and Comment Tracking Number 1jy-8d3n-qczp. Comments to the DOI are very similar if not the same as what’s posted above.
Mahalo!
Thank you, for taking the time to refute Mr. Wolfe’s ignorant statement. Your information might be too much of the truth, for the star advertiser. I hope I am wrong and they do print your letter.
It is truly amazing to see people willingly accept that fact that the US constitution is not being complied with. As an american, this should scare the hell out everyone.
As a kanaka, why would you be willing to be apart of a government that does not abide by its own laws.
As a Hawaiian, I definitely don’t want that for my descendants.
Aloha Tim,
I agree with you that I may have provided our local news media too much of the raw truth because the Star-Advertiser in one of their earlier Commentary supported the U.S. DOI to provide federal recognition to the Native Hawaiian community. I do not know whether our local news media does much independent research to find and focus on the truth, and I seriously doubt that their research is done in depth to support a serious and unbiased perspective that can be evidence of solid journalism providing both sides of a storyline. Assuming that the Star-Advertiser supports the US DOI position, then I would be surprised to see Professor Chang’s rebuttal to Mr. Wolfe, “Kingdoms Come and Go, Always,” and I would be much more surprised if they printed even a portion of the Commentary that digs into the truth and actual history of the Hawaiian Kingdom.
Most of the people I’ve spoken with who are not familiar with the plight of the Native Hawaiians would agree with Mr. Wolfe’s comments that this is all “water under the bridge” and the past is history, plus most of the people out there are too busy about their own lives and families struggling to make ends meet and therefore may care less about what happens to a disenfranchised group of people who continue to get the very short end of the stick, i.e., SHAFTED! AUWE!
A very, very close relative who has both an MD and PhD told me that I should expect more negative feedback and to be careful that I do not provide “facts” that are just based on someone else’s research and perspective and that my facts should be absolutely solid and irrefutable in a court of law! I was also told that the Native American Indians who lost their land in New York City, for example, can not expect and will not get their land back, so what’s the practical reality that the State of Hawaii and the U.S. Federal Government will abide by the UN, ICC, ICD, et al, even though the great U.S.A. is foundationally based on the democratic principles of freedom, liberty, and the pursuit of happiness, where everyone is allowed to express his or her opinion as long as it is factually based and not slanderous lies and untruths?
I don’t know what’s happening to our Country where a vocal minority and special interest groups are allowed to take over the rights of the silent majority. I believe that we’re all so busy trying to survive in a tough economy that we don’t even bother to vote and just allow the status quo or worse. It’s wonderful to protect the rights of the vocal minority, but it should not be at the expense of the silent majority. Our Country is sliding into chaos and partisan politics that fractures our Country into many small pieces – UNITED WE STAND, DIVIDED WE FALL!
I get the very strong feeling that most people REALLY DON’T CARE about what happens to other people and is only concerned about themselves and their families. As I mentioned before, I’m not Hawaiian, not one single drop of Hawaiian blood in me. However, I really empathize and support what the Native Hawaiian people have been trying to do for the last 121 years.
From my own personal experience, based on living in the Washington, D.C. area for over 30 years, it was a complete cultural shock when I relocated from laid-back Hawaii to the super-fast pace of the Nation’s Capitol and to be surrounded by so many people who did not even look and talk like me. I had to really scramble and survive and develop a very tough skin and kept my feelings and emotions to myself. I had to act and talk like I knew what I was doing and talking about with no weaknesses and vulnerabilities to penetrate my skin of armor. I was also a very young and inexperienced manager who had to learn from the school of hard knocks and got kicked around couple times before I learned my lesson. I also experienced much prejudice and ended up defending myself in two EEO lawsuits, one of which I won and the second I lost, without using any legal counsel and just used my common sense to get through the maze of legalese.
I also empathized with the 120,000 Japanese-Americans of WWII who were illegally interned at several internment camps for several years during the war, who lost their homes, businesses, land, and their honor – much shame and guilt were imposed on them, and there was not a single act of treason, sedition, or espionage – not one single documented unlawful act because the great U.S.A. reacted in a war hysteria environment that allowed the powers in charge to suspend the rights of legal U.S. citizens in time of war. Who says that this can’t happen again? I believe in 1988 the U.S. made an apology and gave $20,000 to each of the affected individuals or their families as part of the reparations process, which is PEANUTS for the great injustice done to a very proud people who were totally humiliated and shamed that my parents have not said one word about what happened during WWII.
So, we say that the great U.S.A. is a great country and the World’s only Superpower that is based on the democratic principles of freedom and the rule of law. Can we really trust our great UNCLE SAM after all the injustices imposed on the many different minority groups in the U.S.A., including the Native American Indians, the Native Alaskans, the women in the U.S. who were considered second class citizens until given the right to vote in the early 1900s, the Black Americans whose ancestors were brought to the U.S. as slaves for the white plantation owners and whose freedom was granted only after our great U.S. President Abraham Lincoln freed the slaves and caused the U.S. to be completely divided between the Northern Union and the Southern Confederates, resulting in brothers and sisters fighting each other at a tremendous loss of more lives than in any WW combined since 1863.
Do you think our great State of Hawaii and our great U.S. Federal Government will allow the Hawaiians and the non-Hawaiians to fight over 4 million acres of land in Hawaii? THINK REALLY HARD ABOUT THE PRACTICAL REALITY OF GETTING ANYTHING OF SUBSTANCE BASED ON HOW THE U.S. GOVERNMENT HAS TREATED MINORITY GROUPS IN THE PAST, INCLUDING THE NATIVE AMERICAN INDIANS, THE NATIVE ALASKANS, THE BLACK AMERICANS, THE JAPANESE-AMERICANS, THE WOMEN, ET AL???
AND DON’T TELL ME ABOUT THE UN, THE ICC, ICD, ET AL – WHAT CAN THEY DO TO HAVE THE U.S. GOVERNMENT COMPLY WITH THEIR MANDATE WHEN THE U.S. PAYS MOST OF THE UN OPERATING FUNDS, AND WHEN THE WORLD’S CLIMATE CHANGE FORUM CAN NOT GET THE U.S. TO AGREE WITH THEIR FAIR SHARE OF CARBON EMISSION REDUCTIONS? WHAT’S REALISTICALLY ACHIEVABLE? I DON’T KNOW!
Sorry for getting so emotional about this whole business, but I’m just as angry and frustrated about past injustices that may continue to prevail. KEEP FIGHTING AND DON’T EVER GIVE UP! KEEP YOUR HEADS HELD HIGH AND KEEP SMILING AS YOUR TIME WILL COME, EVENTUALLY! 🙂
MAHALO AND IMUA!
Thank you for sharing your experience and perspective.
I am a Hawaiian, different from all of the other groups that have been crapped on by the racist elite that run America.
In my opinion, America is about to have a much bigger issue to deal with than Hawaiians. After analysing historical revolutions, America is on the brink of one.
Their debt is so massive, that they cannot maintain their unsustainable existence. Will social programs suffer so that they can continue to wage war to hide their incompetence to balance a budget. They have already wrung out their middle class. They have already mugged all the little guys, they can’t handle the big guys.
They could continue to take Hitlers lead and have the one percent fund a major war.
Countries are tired of being tied to a sinking ship. We are seeing more and more countries move away from the dollar. That is how you hurt these guys, hit them in the wallet, boycotts for example.
I fight them by trusting in the teachings of my kupuna, educating people of our true history and being a law abiding subject. I will never give the State of Hawaii or federal government another penny. They can pull me over, bring me to court where I will present them with the option to commit a war crime or not.
Our ancestors beat them at their own game, I’m here to collect the prize. Mahalo acting government. Mahalo akua.
like all your positive comments…am about to hear mr changes point of truth .have always reserved my comments and emotions as American history has always been slanted as the best deal for all u.s. subjects…America has no history
Aloha Tim,
I totally agree with your insight on where we’re heading, and if we don’t pull together as a UNITED Country, we will all be doomed to a second rate power NOT a Superpower. I believe it starts with our public education system that has failed us because they’re just teaching our keiki to pass standardized tests in contrast to helping them develop critical thinking, analytical, and problem-solving skills that can produce creative and innovative products and services in our World economy.
I also believe that our students need to be taught basic skills of everyday living, such as balancing a checkbook, financial analysis and planning, protecting your assets through insurance, saving for big-ticket items, such as homes and cars, learning how to write and communicate well, working with others as a team, basic communication and leadership skills that are currently acquired through local Toastmasters Clubs, developing and advocating a particular point of view with sound reasoning and rationale, standing up for one’s convictions and beliefs, good listening skills, treating others with respect and courtesy, being humble and trustworthy, keeping high standards of integrity and ethical conduct, et al. We need to develop strong leaders who are able to work with their counterparts at all levels locally and globally.
The U.S.A. continues to disintegrate from within because each person is too busy surviving in a tough economy that drains our pocketbooks and builds a staggering National debt that has doubled from about $9 trillion to over $17 trillion and climbing in just six years of the Obama administration. We don’t even make the time to vote, especially in Hawaii where everyone is so busy working to survive and may have given up on our politicians who don’t deliver results. If we don’t start pulling together (like in your canoe analogy), we will continue to slide into chaos and partisan politics that will fracture and break the U.S.A. into many small pieces that will be fighting each other for scarce and limited resources.
Enough of the bad news. Some good news! Mr. Stephen Downes, the Deputy Editorial Page Editor requested clarification of Professor Chang’s rebuttal letter to Mr. Wolfe. Since I was out this afternoon, Professor Chang kindly provided a timely and accurate clarification. Let’s see what appears in tomorrow’s Honolulu Star-Advertiser Editorial Page.
Mahalo,
George
I don’t usually buy the newspaper, however I will today. I hope to find your letter.
I think we may disagree on a couple of things, but I think you display enough intelligence and a fair understanding of our situation to engage you in future conversations. I look forward to those conversations. Thank you for your mana’o and your kokua.
Here is a link to a video of Manu and Dexter Kaiama discussing de-occupation. In my opinon, Dexter offers the best solution for the first step. Do exactly as the provision government did. Don’t change much and have everyone sign allegiance to the Hawaiian Kingdom.
http://ow.ly/ycT5Y
This would fix two huge problems in my opinion. First, it would bring us from an unlawful existence into a lawful existence (so many of our social ills would cease to exist). Secondly, it would remove Americans from the decision making positions within our government. (They could stay and try to decieve people, however they would be gambling with being charged with treason)
We have Hawaiians that can run the Hawaiian Kingdom in a manner consistent with the teachings of our kupuna. They are PhDs, educators, cultural practioners and maka’ainana.
Aloha Tim,
Thank you for sharing the dialogue on deoccupation, which provides additional information regarding the first step of deoccupation, i.e., do what the provisional government did after the 1893 overthrow – “what’s good for the goose is good for the gander.” As to whether it can happen as simply as that, since we’re dealing with a much more sophisticated State and Federal governments, remains to be seen as I’m sure both governments will not sit still and do nothing. This can be a long drawn-out court battle, which may preclude the Native Hawaiian peoples from getting their lands back right away, since the powers in charge will not allow any exchange of lands until the courts resolve this very complex and controversial issue.
I tried to find out from Mr. Downes the status of the clarified letter and whether the Honolulu Star-Advertiser intends to publish the letter and when. I’m awaiting Mr. Downes response. Professor Chang revised the letter to clarify Mr. Downes concerns, and I’m not certain whether the clarification satisfied Mr. Downes question and concern regarding section two of the act of admission of Hawaii as a state. Professor Chang’s original letter stated that section two specifically excludes the Hawaiian Islands as part of the State of Hawaii, whereas, Mr. Downes contends that section two says the opposite, i.e., section two states that “The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act, except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (off-shore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters.”
Professor Chang’s revised letter is as follows:
Professor Williamson Chang Letter to the Editor of the Star-Advertiser
“Governments don’t just “come and go”— governments do change, but their
stability and longevity depends on their legitimacy under international law. The
United States annexation of Hawaii is based on a joint resolution of
Congress. But a joint resolution, as a law of Congress had no power to acquire
the sovereign nation of Hawaii. If it could, then the legislature of Hawaii also
could, by its own laws, have acquired the United States.
Moreover, neither the Organic Act of 1900 nor the Act of Admission of 1959 acquired the Hawaiian Islands. The territory acquired in the Organic Act was “those islands” acquired by the Joint Resolution. [Section Two] But we know the Joint Resolution cannot acquire any Islands.
The Admission Act [Section Two] also states that whatever islands are in the Territory [none] are in the State of Hawaii. The United States never took the Hawaiian Islands. It just pretended it did—and the ploy worked–even if it violated United States and International Law.
Williamson B.C. Chang
Professor of Law, University of Hawaii
Does this make sense to you, or are you as confused as I am as I tried reading this modified letter several times, and I’m still scratching my head as to what it really is trying to say, i.e., it may be very clear to a legal mind but may be confusing to a layman, such as myself?
My simple-minded thinking is to look at the beginning of what the end is referring to because in both the Admissions Act of 1959, which created the State of Hawaii, and the Organic Act of 1900, which created the Territory of Hawaii, reference is made to the annexation of 1898. Here’s the tricky part. Most people believe that the Hawaiian Islands, the Territory of Hawaii, and the State of Hawaii were legally acquired by the U.S.A. based on the annexation of 1898. However, the legal scholars, including Professors Sai and Chang, contend that a joint resolution of Congress had no power to acquire the sovereign nation of Hawaii and only a treaty can be used by Congress to acquire any territory. The fact remains that the annexation treaty of 1898 was ratified by only a simple majority of the U.S. Senate rather than the necessary two-thirds majority of the U.S. Senate for the ratification of a treaty. Therefore, the annexation treaty and the annexation of 1898 is considered null and void as if nothing happened legally.
In addition, the Organic Act of 1900, which created the Territory of Hawaii, did not provide a legal description of the Hawaiian Islands, e.g., latitude and longitude, et al, similar to what you find in a land deed that provides the specific location of that land as part of the ownership claim.
Anyway, I’m not a lawyer and the lawyers will need to battle this out in the court of law. We may have to start from the beginning to get to the end. We don’t want to get the cart before the horse.
Sorry for messing with your mind and giving you a headache with all this mental gymnastics.
Mahalo!
Aloha George.
Thank you for the update and input.
I don’t think justice will come by way of any US court. Looking for a solution, within their framework would be a waste of time, evidenced by Sai vs Obama et al.
Dr. Sai’s research clearly exposes a violation of the US Constitution. No one can prove that the existence of the State of Hawaii or the presence of the US within the Hawaiian Kingdom is in compliance with the executive agreements. The executive agreements according to Art. 6 Sec. 2 of the US Constitution are the supreme law of the land, with no state law withstanding. The “Hawaiian Argument”, in relation to US law, attacks at the Separation of Powers doctrine which creates the governing body of the US. It is that simple, “Abide by the document that defines you as a nation.”
Dr.Chang’s research refutes the responses from ignorant individuals that are in denial and wish to continue the illegal occupation. His research is important, because the ignorant individuals that are in denial are the judicial branch and other employees of the State of Hawaii.
The Hawaiian situation, from an uneducated perspective, is complex. Once you educate yourself it becomes quite simple. The complexity comes from the question “How do we keep this unsustainable American existence here in the territory of the Hawaiian Kingdom?” The answer is simple, “You can’t.” It will not change drastically overnight. That is crazy! That type of change, only comes after a revolution. A lot will change, but it will be gradually over a period of time to address the many problems that have been created by illegal occupation.
This is where it gets difficult for everyone. If you can’t accept the “Hawaiian Argument”, which is irrefutable, then you are accepting an illegal existence. So what we have is a majority of Americans saying “It is OK that we don’t abide by the US Constitution or the rule of law.” That is madness.
These people are voting! These are the people usurping my sovereignty! Those that have not been exposed to this information, get a little leeway. Once you have been informed and you still choose denial, you are a usurper. I hate to put it that way, but there is no rational explanation why Hawaiians should continue to endure injustice at the hands of ignorance.
The “Hawaiian Argument” is so SOLID you don’t have to be a lawyer. You just need to be able to read. I have tried the “Hawaiian Argument” twice in court, one documented victory, so far. I am waiting a month before I celebrate a second. I am not the sharpest tool in the shed, so just about anyone can do this.
As far as messing with my mind, aole pili kia. As a result of illegal occupation, my mind has been scrambled, battered and deep fried.
I acknowledge not a lot of manao regarding how to fix this mess. E kala mai. I will share my manao regarding how we can help move this forward, in future posts.
Aloha Tim,
Some belated good news! Honolulu Star-Advertiser published Professor Chang’s Letter to the Editor on Thursday, July 10, 2014 titled, “Annexation Based on Illegitimate Act” in response to Mr. Gordon Wolfe’s letter, “Kingdoms Come and Go, Always” on Saturday, July 5, 2014. Kudos to Professor Chang for enlightening our people in Hawaii.
Today (Friday, July 11, 2014) the Honolulu Star-Advertiser published “Our View on Sovereignty: Hawaiians at a Crossroads,” which are highlighted as follows:
“The two-week series of hearings aimed at giving the federal government guidance on the issue of Hawaiian sovereignty have ended, stirring many emotional, largely thoughtful responses to the questions posed by panel of the U.S. DOI.”
“On the whole, though, the series was a highly enlightening if incomplete measure of sentiment about sovereignty. The only way to gain certainty about what Hawaiians want in a relationship with the U.S. government is to ask them more definitively.”
“Before any final decisions are made, the community should have extensive discussions about their legal options, and then conduct a plebiscite that reaches the broadest Native Hawaiian electorate possible. Perhaps this can be done when the Hawaiians’ nation-building convention (‘aha) is held as is planned for later this fall. In any case, the issue deserves a vote.”
“Advocates for restoration of an independent nation, 121 years after the monarchy was overthrown, said a “nation within a nation” status, akin to what Native American and Native Alaskan governments have, does not right the wrong. That was the dominant opinion expressed, but it wasn’t the only one.”
“Some said they feared that without federal recognition, various federal entitlements for Native Hawaiians, everything from homestead lands to educational programs, remain vulnerable to legal challenge. They sincerely doubt the U.S. would ever grant the independence-backers what they seek.”
“There are others who are satisfied with the status quo, even stating that U.S. citizenship for all residents of the former kingdom was the best outcome.”
“The one thing on which virtually all might agree is that this bitter chapter in Hawaiian history is not a dusty volume to be kept on the shelf. It’s a keenly felt, painful artifact of the past but a pain that persists today with many people, and it’s an issue to be given the most serious attention.”
“Much of the spirit of the Native Hawaiian nation was reborn in the cultural renaissance of the 1970s. The language was revived in immersion schools, and in Hawaiian-focused charter schools where a new generation was steeped in their history, and in political thinking. Certainly, that’s where much of the strengthened constituency for independence was generated.”
“But before tossing away the federal recognition option – whether delivered by legislation such as the so-called “Akaka Bill,” or by the proposed administrative route – Hawaiians need a clear reading of community will.”
“And that’s something best delivered in the polling booth of a plebiscite.”
Now, that’s what I consider a serious, in-depth fact-finding and a balanced perspective and insight, which I applaud as good journalism – provide both sides of an issue and let the people decide.
I agree that the Native Hawaiians need to be informed about their legal options first, and then have them vote on the option that’s best for them, and this should include all Native Hawaiians here in Hawaii and scattered throughout the World. With out Internet technology, this can be accomplished more quickly now than in the past.
Next steps will follow!
Mahalo and Imua!