Lili‘uokalani Assignment: Temporary Transfer of Law Enforcement to the United States President

Since the first constitution was promulgated by King Kamehameha III in 1840, constitutionalism had begun in the Hawaiian Islands. For the next 24 years, Hawaiian governance would be transformed from an absolute monarchy to a limited monarchy under the separation of powers doctrine under the headings of Executive power, Legislative power and Judicial power. This cornerstone of constitutionalism was eventually enshrined in the 1864 constitution.

  • ARTICLE 20. The Supreme Power of the Kingdom in its exercise, is divided into the Executive, Legislative, and Judicial; these shall always be preserved distinct, and no Judge of a Court of Record shall ever be a member of the Legislative Assembly.
  • ARTICLE 31. The person of the King is inviolable and sacred. His Ministers are responsible. To the King belongs the Executive power. All laws that have passed the Legislative Assembly, shall require His Majesty’s signature in order to their validity.
  •  ARTICLE 45. 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.
  • ARTICLE 64. The Judicial Power of the Kingdom shall be vested in one Supreme Court, and in such Inferior Courts as the Legislature may, from time to time, establish.

In 1893, Queen Lili‘uokalani was constitutionally vested with the Executive power under Article 31, which is the power to execute laws enacted by the Legislature, which included the Civil and Criminal Codes, and to enforce judicial decisions made by the Courts. This John_Stevensauthority, however, was interrupted when United States troops were unlawfully landed by order of the United States Minister John Stevens on January 16, 1893, in order to protect insurgents who, as part of a prearranged plan, would declare themselves to be a provisional government until annexation to the United States can be accomplished by a treaty of cession.

A.S._CleghornOver the protests by Oahu Governor Archibald Cleghorn and the Minister of Foreign Affairs Samuel Parker, the US troops were fullySamuel_Parker armed and occupied a small space between two buildings adjacent to the Government building on Mililani Street and fronting Iolani Palace, which was across King Street. If the police moved in to apprehend the insurgents for committing the capital crime of treason they would have to first deal with the US troops who were prepared for a fight. This situation quickly escalated from a domestic police matter to now an international incident that could spark a war between the Hawaiian Kingdom and the United States. Upon the sound advice of her advisors, Queen Lili‘uokalani provided the following protest.

1893_Protest The yielding of her power to enforce the law was limited to the the Queen’s constitutional authority enumerated under Article 31 of the Hawaiian constitution. It was not a transfer of the sovereignty of the country, and it was limited and confined to the circumstances of the invasion by US troops to aid and protect insurgents from arrest by the police force. It was made with the understanding of the Hawaiian government that the President would investigate the circumstances and restore the government.

If the United States was in complete control of Hawaiian territory as an occupying force it would, by circumstance, be vested with authority to enforce Hawaiian law under the international laws of occupation, and would not need the Queen to have temporarily assigned her power to enforce Hawaiian law to make it valid. But this was not the case. USS_Boston_landing_force,_1893The US troops were illegally landed on January 16, 1893 and maintained a defensive position limited to a small space between two buildings called Opera House and Arion Hall that was situated on Mililani Street adjacent to the Government building. On January 31, 1893, lead insurgent Sanford Dole of the provisional government was concerned for their safety and requested US Minister Stevens for protection. Dole stated, “Believing that we are unable to satisfactory protect life and property, and to prevent civil disorders in Honolulu and throughout the Hawaiian Islands, we  hereby, in obedience to the instructions of the advisory council, pray that you will  raise the flag of the United States of America for the protection of the Hawaiian Islands for the time being.” The following day on February 1, 1893, US Minister Stevens directed Captain Wiltse of the USS Boston to comply with the request and take the necessary steps to establish a US protectorate.

On March 9, 1893, President Cleveland acknowledged receipt of the temporary assignment and thereafter took the necessary steps to investigate the overthrow by appointing James Blount as special commissioner on March 11, 1893. The protectorate status was terminated when US Special Commissioner Blount arrived in Honolulu on March 29, 1893 and began his investigation by direction of President Cleveland. Blount sent periodic reports to Secretary of State Walter Gresham in Washington, D.C., with his final report submitted on July 17, 1893.

The investigation was completed on October 18, 1893, where Secretary of State Gresham stated to the President, “The Government of Hawaii surrendered its authority under a threat of war, until such time only as the Government of the United States, upon the facts being presented to it, should reinstate the constitutional sovereign.” Gresham concluded in his report to the President, “Should not the great wrong done to a feeble but independent State by an abuse of the authority of the United States be undone by restoring the legitimate government? Anything short of that will not, I respectfully submit, satisfy the demands of justice.” The President agreed and directed the new US Minister Albert Willis to negotiate with the Queen for restoration of the government, which led to the executive agreement of restoration on December 18, 1893. Because the Agreement of restoration has not been carried out since, the United States is still bound to administer Hawaiian law under the Lili‘uokalani assignment as well as the international laws of occupation.

10 thoughts on “Lili‘uokalani Assignment: Temporary Transfer of Law Enforcement to the United States President

  1. these were the evil times of the American usa land and water Thieves…!!!….we can no longer follow and or administer these illegal usa American laws of DISRESPECT AND DISHONOR TO THE HOST CULTURE…OF OUR KINGDOM OF KINGDOMS…!!!!….WE ARE AND HAVE BEEN AN INDEPENDENT KINGDOM SINCE DAY ONE…OF THE OVERTHROW ILLEGALLY BY THESE USA FAKE AND FALSE GOVERNMENT…!!!…for today there is no usa American government…It has been SHUT DOWN FOR OVER A WEEK ON NO LAW ABIDING GOVERNMENT IN PLACE…HOWEVER THE OUR KINGDOM OF MAUI NO KA OI…STANDS TO CLEANS…CORRECT…IDENTIFY…REMOVE…TO BE REPLACED WITH MOI ALII NUI ….KONOHIKI….AND SACRED ROYAL KINGDOM CAPITAL HEIRS OF NOW DECIDE THE FUTURE FATE OF OUR NEXT GENERATION….NO MORE ILLEGAL USA CHRISTIAN AMERICANS TO HAND OUT OUR ILLEGAL USA DEATH SENTENCING…FOR IT ENDS TODAY…watch…one by one…auwe…!!!…auwe…!!!…auwe..!!!

  2. thank you Dr. Keanu sai, Dexter kaiama and the Kanaka express.for all the hard work that you are doing for our people. Thank you very much for all the knowledge you all are putting out there. me and my ohana is behind you all the way… God Bless always…..
    . mahalo ke akua… kehaulani Cornelio

  3. A reminder of where it begins is vital for all people living in Hawaii. This is a statement of fact and truth. All the people of Hawaii need to read and pray for understanding and read som moa and fast and pray for understanding and wisdom. God has perfect timing and unending love. He has put the most understanding and informed at the front. Let’s all get our hearts in harmony with the Laws of the Hawaiian Kingdom and it’s Acting Administration. We need to obey all the laws to restore ORDER AND PEACE in our Kingdom. Anything more or less then this is TREASON. A true kingdom only needs loyal and faithful educated members, and honest and knowledgable leaders. Our laws were made to make us equal and responsible. A person is made free under the law, free to exercise all privileges granted in a free society and accountable in the same manner. Why would we go back to archaic times when there was no equality??????? I will do all that I humanly can to see a kingdom of equality and love restored. It is our heritage left to us by a loving Father in Heaven. I will give my last breathe for a law abiding and free nation. I know that we have that right now preserved in perpetuity. Mahalo KE AKUA.

  4. It is my opinion that the actions of the U.S.A.; cognizant of its complicity, established the puppet government in 1893 and enforced its authority by militarily protecting it. The provisional government then becomes the civilian arm of the U.S. military which protected it. This definitely falls under the laws of occupation. In spite that Blount removed the U.S. protectorate standing; he did not remove the provisional government which was a U.S. establishment by U.S. citizens.

    If they chose to protect the lives of those treasonous U.S. Americans who controlled the Provisional government and later the Republic of Hawaii, the U.S. is still culpable for its citizens’ actions which was supported by the U.S.A. Ultimately, those U.S. Americans also committed treason against its own country as well as the Hawaiian Kingdom.

    It is disingenuous for the U.S. to want these traitors freed without consequences for their crimes. This is part of their racist attitudes with a perversion of justice. I’m certain if those insurgents were not white people; the U.S. would have taken a much different action.

    This being the case, I feel the belligerent occupation was never lifted, but a continuous one till today since the U.S. puppet government is still a civilian arm of its military. The dynamics was never altered in its actions and its words of honor and integrity is compromised in a willful deception to commit an ongoing crime against the rule of law.

    The rules of occupation still apply and also the violation of the laws of neutrality as well as the breach of treaties established prior to the seditious actions of the U.S. government and officials. All these war crimes need to be adjudicated to our satisfaction and in the name of justice.

  5. PENAL CODE OF THE HAWAIIAN ISLANDS
    CHAPTER LXI
    FOR THE PROTECTION OF PLACES OF SEPULTURE
    If any person, not having any legal right to do so, shall willfully dig up, disinter, remove or convey away any human body from any burial place, or shall knowingly aid in such disinterment, removal or conveying away, every such offender and every person accessory thereto, either before or after the fact, shall be punished by imprisonment at hard labor for not more than two years, or by a fine not exceeding one thousand dollars. (1860, p.21)

    According to wiki.answers.com:

    In 1860 we were on the gold standard. Gold at that time was worth a little over $20 an ounce (See Double Eagle Coin.) On January 28, 2010, 1 ounce of gold cost $1085.40. Thus 1000/20×1085.40= Today the gold in the coins would be worth a bit under $54,270.

    WHOA! That could get expensive if you dug up multiple burials. I say make it more steep, so they cannot call it a cost of doing business. Then again, I acknowledge that I am a little extreme in my views.

    Mahalo.

  6. Definition of Temporary: lasting for only a limited period of time; not permanent. Synonymous with: nonpermanent, short-term, interim.

    “…yield my authority until such time as the Government of the United States shall, upon the facts being presented to it, undo the action of its representative and reinstate me…”

    Wouldn’t the Apology Bill be evidence enough that the US had been presented with the facts? Is it not then truly, the ultimate political moment to undo the action of its representative? Not simply to apologize, but rather to do as the Queen of Hawaii had stated, and undo the US action, reinstating her/ her government. (Obviously Dr. Sai has found tons more solid information out there to show the international bodies, but this thread is simply about the Temporary transfer of law enforcement to the US President.)

    Just wondering aloud, who (assuming we will ask a larger, more experienced, governing force) will assist us in our efforts to staff/enforce our offices when the time comes? Surely we would not want the current people/officials/govt. to assist us in any way, would we? We know that we will be enforcing our own laws, and that as per Dr. Sai’s vision, certain laws should run concurrent with our original laws, as long as they do not serve the higher purposes of the occupying forces, but on a different note, is this a task that we will be able to support with the number of people that are 1)supportive of it, locally and 2)knowledgeable of the various tasks that will be needed to support the systems needed?

    Just one of those things that I ponder…Mahalo for your mana’o!

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