US TREATY with the HAWAIIAN ISLANDS, DEC. 20, 1849 They Have Appointed Plenipotentiaries, That Is to Say

US TREATY WITH THE HAWAIIAN ISLANDS, DEC. 20, 1849 they have appointed plenipotentiaries, that is to say:

The President of the United States of America, John M. Clayton, Secretary of State of the United States; and His Majesty the King of the Hawaiian Islands, James Jackson Jarves, accredited as his Special Commissioner to Treaty signed at Washington December 20, 1849 Senate advice and consent to ratification January 14, 1850 Ratified by the President of the United States February 4, 1850 Ratified by the Hawaiian Islands August 19, 1850 Ratifications exchanged at Honolulu August 24, 1850 Entered into force August 24, 1850

The United States of America and His Majesty the King of the Hawaiian Islands, equally animated with the desire of maintaining the relations of good understanding which have hitherto so happily subsisted between their respective states, and consolidating the commercial intercourse between them, have agreed to enter into negotiations for the conclusion of a Treaty of Friendship, Commerce and Navigation, for which purpose the Government of the United States; who, after having exchanged their full powers, found in good and due form, have concluded and signed the following articles:

Article I

There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs and his successors.

Article II

There shall be reciprocal liberty of commerce and navigation between the United States of America and the Hawaiian Islands. No duty of customs, or other impost, shall be charged upon any goods, the produce or manufacture of one country, upon importation from such country into the other, other or higher than the duty or impost charged upon goods of the same kind, the produce of manufacture of, or imported from, any other country; and the United States of America and His Majesty the King of the Hawaiian Islands do hereby engage, that the subjects or citizens of any other state shall not enjoy any favor, privilege, or immunity, whatever, in matters of commerce and navigation, which shall not also, at the same time, be extended to the subjects or citizens of the other contracting party, gratuitously, if the concession in favor of that other State shall have been gratuitous, and in return for a compensation, as nearly as possible of proportionate value and effect, to be adjusted by mutual agreement, if the concession shall have been conditional.

Article III

All articles the produce or manufacture of either country which can legally be imported into either country from the other, in ships of that other country, and thence coming, shall, when so imported, be subject to the same duties, and enjoy the same privileges, whether imported in ships of the one country, or in ships of the other; and in like manner, all goods which can legally be exported or re-exported from either country to the other, in ships of that other country, shall, when so exported or reexported, be subject to the same duties, and be entitled to the same privileges, drawbacks, bounties, and allowances, whether exported in ships of the one country, or in ships of the other: and all goods and articles, of whatever( description, not being' of the produce of manufacture of the United States, which can be legally imported into the Sandwich Islands shall when so imported In vessels of the United States pay no other or higher duties, imposts, or charges

! 1! than shall be payable upon the like goods, and articles, when imported in the vessels of the most favored foreign nation other than the nation of which the said goods and articles are the produce or manufacture.

Article IV

No duties of tonnage, harbor, lighthouses, pilotage, quarantine, or other similar duties, of whatever nature, or under whatever denomination, shall be imposed in either country upon the vessels of the other, in respect of voyages between the United States of America and the Hawaiian Islands, if laden, or in respect of any voyage, if in ballast, which shall not be equally imposed in the like cases on national vessels.

Article V

It hereby declared, that the stipulations of the present treaty are not to be understood as applying to the navigation and carrying trade between one port and another situated in the state of either contracting party, such navigation and trade being reserved exclusively to national vessels.

Article VI

Steam vessel of the United States which may be employed by the Government of the said States, in the carrying of their Public Mail across the Pacific Ocean, of from one port in that ocean to another, shall have free access to the ports of the Sandwich Islands, with the privilege of stopping therein to refit, to refresh, to land passengers and their baggage, and for the transaction of any business pertaining to the public Mail service of the United States, and be subject in such ports to no duties of tonnage, harbor, lighthouses, quarantine, or other similar duties of whatever nature of under whatever denomination.

Article VII

The Whaleships of the United States shall have access to the Port of Hilo, Kealakekua and Hanalei in the Sandwich Islands, for the purposes of refitment and refreshment, as well as to the ports of Honolulu and Lahaina which only are ports of entry for all Merchant vessels, and in all the above named ports, they shall be permitted to trade or barter their supplies or goods, excepting spirituous liquors, to the amount of two hundred dollars ad valorem for each vessel, without paying any charge for tonnage or harbor dues of any description, or any duties or imposts whatever upon the goods or articles so traded or bartered. They shall also be permitted; with the like exemption from all chargers for tonnage and harbor dues, further to trade or barter, with the same exception as to spiritous licquors, to the additional amount of one thousand dollars ad valorum, for each vessel, paying upon the additional goods and articles so traded and bartered, no other or higher duties, than are payable on like goods and articles, when imported in the vessels and by the citizens or subject of the most favored foreign nation.

They shall so be permitted to pass from port to port of the Sandwich Islands for the purpose of procuring refreshments, but they shall not discharge their seamen or land their passenger in the said Islands, except at Lahaina and Honolulu; and in all the ports named to this article, the whale ships of the United States shall enjoy in all respects, whatsoever, all the rights, privileges and immunities which are enjoyed by, or shall be granted to, the whale ships of the most favored foreign nation. The like privilege of frequenting the three ports of the Sandwich Islands, above named in this article, not being ports of entry for merchant vessels, is also guaranteed to all the public armed vessels of the United States. But nothing in this article shall be construed as authorizing any vessel of the United States, having on board any disease usually regarded as requiring quarantine, to enter during the continuance of such disease on board, any port of the Sandwich Islands, other than Lahaina or Honolulu.

! 2! Article VIII

The contracting parties engage, in regard to the personal privileges, that the citizens of the United States of America shall enjoy in the dominion of His Majesty the King of the Hawaiian Islands, and the subjects of his said Majesty in the United States of America, that they shall have free and undoubted right to travel and to reside in the states of the two high contracting parties, subject to the same precaution a police which are practiced towards the subjects or citizens of the most favored nations. They shall be entitled to occupy dwellings and warships, and to dispose of their personal property of every kind and description, by sale, gift, exchange, will, or in any other way whatever, without the smallest hindrance or obstacle; and their heir or representatives, being subject or citizens of the other contracting party, shall succeed to their personal goods, whether by testament or ab intestato; and may take possession thereof, either by themselves or by others acting for them, and dispose of same by will, paying to the profit of the respective governments, such dues only as the inhabitants of the country wherein said goods are, shall be subject to pain in like cases. And in case of the absence of the heir and representative, such care shall be taken of said goods as would be taken of the goods of a native of the same country in like case, until the lawful owner may take measures for receiving them.

And if a question should arise among several claimants as to which of them aid goods belong, the same shall be decided finally by the laws and judges of the land wherein the said goods are. Where, on the decease of any person holding real estate within the territories of one party, such real estate would, by the laws of the land, descend on a citizen or subject of the other, were he not disqualified by alienage, such citizen or subject shall be allowed a reasonable time to sell the same, and to with draw the proceeds without molestation and exempt from all duties of detraction on the part of the government of the respective states. The citizens or subjects of the contracting parties shall not be obligated to pay, under any pretence whatever, any taxes or impositions other or greater than those which are paid, or may hereafter be paid , by the subjects or citizens of most favored nations, in the respective states of the high contracting parties. They shall be exempt from all military service, whether by land or by sea; from forced loans; and from every extraordinary contribution not general and by law established. Their dwellings, warehouses, and all premises appertaining thereto, destined for the purposes of commerce or residence shall be respected.

No arbitrary search of , or visit to, their houses, and no arbitrary examination or inspection whatever of the books, papers, or accounts of their trade, shall be made; but such measures shall be executed only in conformity with the legal sentence of a competent tribunal; and each of the two contracting parties engage that the citizens or subjects of the other residing in their respective States shall enjoy their property and personal security, in as full and ample manner of their own citizens or subjects, of the subjects or citizens of the most favored nation, but subject alway to the laws and statutes of the two countries restively.

Article IX

The citizen and subjects of each of the two contracting parties shall be free in the state of the other to manage their own affairs themselves, or to commit those affairs to the management of any persons whom they may appoint as their broker, factor or agent; nor shall the citizens and subjects of the two contracting parties be restrained in their choice of person to act in such capacities, nor shall they be called upon to pay and salary or remuneration to any person whom they shall not choose to employ.

Absolute freedom shall be given in all cases to the buyer and seller to bargain together and to fix the price of any good or merchandise imported into, or to be exported from the state and dominions of the two contracting parties; save and except generally such case wherein the laws and usages of the country may require the intervention of any special agent in the estate and dominion of the contracting parties. But nothing contained in this or any other article of the present Treaty shall be construed to authorize the sale of spirituous liquors to the natives of the Sandwich Islands, further than such sale may be allowed by the Hawaiian laws.

! 3! Article X

Each of the two contracting parties may have, in the ports of the other, consul, vice consul, and commercial agent, of their own appointment, who shall enjoy the same privileges and power with those of the most favored nations; but if any such consul shall exercise commerce, they shall be subject to the same law and usage to which the private individuals of their nation are subject in the same place. The said Consul, vice consul, and commercial agents are authorized to require the assistance of the local authorities for the search, arrest, detention, and imprisonment of the deserters from the ships of war and merchant vessels of their country. For this purpose, they shall apply to the competent tribunal, judges and officers, and shall in writing demand the said deserters, proving, by the exhibition of the registers of the vessel, the rolls of the crews, or by other official document, that such individual formed part of the crew; and this reclamation being thus substantiated, the offender shall not be refused. Such deserters, when arrested shall be placed at the disposal of the said consul, vice consul, or commercial agents, and may be confined in the public prison, at the request and cost of those who all claim them, in order to be detained until the time when they shall be restored to the vessel to which they belonged, or sent back to their own country by a vessel of the same nation or any other vessel whatsoever.

The agent, owners or masters of vessels on account of whom the deserters have been apprehended, upon requisition of the local authorities shall be required to take or send away such deserters from the state and dominions of the contracting parties, or give such security for their good conduct as the law may require. But if not sent back nor reclaimed within six months from the day of their arrest, or if all the expenses of such imprisonment are not defrayed by the party causing such arrest and imprisonment, they shall be set at liberty and shall not be again arrested for the same cause. However, if the deserters should be found to have committed any crime or offense, their surrender may be delayed until the tribunal before which their case shall be depending, shall have pronounced its sentence, and such sentence shall have been carried into effect.

Article XI

It is agreed that perfect and entire liberty of conscience shall be enjoyed by the citizens and subjects of both the contracting parties, in the countries of the one of the other, without their being liable to be disturbed or molested on account of their religious belief. But nothing contained in this article shall be construed to interfere with the exclusive right of the Hawaiian Government to regulate for itself the schools which it may establish or support within its jurisdiction.

Article XII

If any ships of war or other vessels be wrecked on the coasts of the states or territories of either of the contracting parties, such ships or vessels, or any parts thereof, and all furniture and appurtenance belonging thereunto, and all goods and merchandise which shall be stored with the least possible delay to the proprietors, upon being claimed by them or their duly authorized factors; and if there are no such proprietors or factors on the spot, then the said goods and merchandise, or the proceeds thereof, as well as all the papers found on board such wrecked ships or vessels, shall be delivered to the American or Hawaiian consul, or vice consul, in whose district the wreck may have taken place; and such consul, vice consul, proprietors, or factors, shall pay on the expenses incurred in the preservation of the property, together with the rate of salvage, and expenses of quarantine which would have been payable in the like case of a wreck of a national vessel; and the goods and merchandise saved from the wreck shall not be subject to duties unless entered for consumption, it being understood that in case of any legal claim upon such wreck, goods, or merchandise, the same shall be referred for decision of the competent tribunals of the country.

! 4! Article XIII

The vessels of either of the two contracting parties which may be forced by weather or other cause into one of the ports of the other, shall be exempt from all duties of port or navigation paid for the benefit of the state, if the motives which led to their seeking refuge be real and evident, and if no cargo be discharged or taken on board, save such as may relate to the substinence of the crew, or be necessary for the repair of the vessels, and if they do not stay in port beyond the time necessary, keeping in view the cause which led to their seeking refuge.

Article XIV

The contracting parties mutually agree to surrender, upon official requisition, to the authority of each, all persons who, being charged with the crimes of murder, piracy, arson, robbery, forgery or the utterance of forged paper, committed within the jurisdiction of either, shall be found within the territories of the other; provided, that this shall only be done upon such evidence or criminality as, according to the laws of the place where the person so charged shall be found, would justify his apprehension and commitment for trial if the crime had there been committed: and the respective judges and other magistrates of the two Governments, shall have authority, upon complaint made under oath, to issue a warrant for the apprehension of the person do charged, that he may be brought before such judge or other magistrates respectively, to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issued for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne and defrayed by the party who makes the requisition and receives the fugitive.

Article XV

So soon as Steam or other mail packets under the flag of either of the contracting parties, shall have commenced running between their respective ports of entry, the contracting parties agree to receive at the post offices of those ports all mailable matter, and to forward it as directed, the destination being to dome regular post office of either country, charging thereupon the regular postal rate as established by law in the territories of either party receiving said mailable matter, in addition to the original postage ofthe office whence the mail as sent. Mails for the United States shall be made up at regular intervals at the Hawaiian Post Office, and dispatched to ports of the United States, the postmasters at which ports shall open the same, and forward the enclosed matter as directed, crediting in the Hawaiian Government with their postages as established by law and stamped upon each manuscript or printed sheet.

All mailable matter destined for the Hawaiian Islands shall be received at the several post office in the United States and forwarded to San Francisco or other ports on the Pacific coast of the United States, whence the postmasters shall despatch it by the regular mail packets to Honolulu, the Hawaiian government agreeing on their partto receive and collect for and credit the Post Office Department of the United State with the United States rates charged thereupon. It shall be optional to prepay the postage on letters in either country, but postage on printed sheets and newspapers shall in all cases be prepaid. The respective post office department of the contracting parties shall in their accounts, which are to be justified annually, be credited with all dead letters returned.

Article XV

The present treaty shall be in force from the date of the exchange of the ratification for the term of ten years, and further, until the and of twelve months after either of the contracting parties all have given notice to the other of its intention to terminate the same, each of the said contracting parties reserving to itself the right of giving such notice at the end of the said term of ten years, or at any subsequent term.

! 5! Any citizen or subject of either party infringing the articles of this treaty shall be held responsible for the same and the harmony and good correspondence between the two governments shall not be interrupted thereby, each party engaging in no way to protect the offender or sanction such violation.

Article XVII

The present treaty hall be ratified by the President of the United States of America, by and with the advice and consent of the Senate of said States, and by His Majesty the King of the Hawaiian Islands, by and with the advice of his Privy Council of State, and the ratifications shall be exchanged at Honolulu within eighteen months from the date of its signature, or sooner if possible. In witness whereof, the respective plenipotentiaries have signed the same in triplicate, and have thereto affixed their seals. Done at Washington in the English language, the twentieth day of December, in the year one thousand eight hundred and forty nine.

JOHN M. CLAYTON. JAMES JACKSON JARVES !

! 6! !

103RD UNITED STATES CONGRESS 1ST SESSION

Joint Resolution

1. To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii.

2. Whereas, prior to the arrival of the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion;

3. Whereas, a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii;

4. Whereas, from 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full and complete diplomatic recognition to the Hawaiian Government, and entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887;

5. Whereas, the Congregational Church (now known as the United Church of Christ), through its American Board of Commissioners for Foreign Missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawaii between 1820 and 1850;

6. Whereas, on January 14, 1893, John L. Stevens (hereafter referred to in this Resolution as the "United States Minister"), the United States Minister assigned to the sovereign and independent Kingdom of Hawaii conspired with a small group of non-Hawaiian residents of the Kingdom of Hawaii, including citizens of the United States, to overthrow the indigenous and lawful Government of Hawaii;

7. Whereas, in pursuance of the conspiracy to overthrow the Government of Hawaii, the United States Minister and the naval representatives of the United States caused armed naval forces of the United States to invade the sovereign Hawaiian nation on January 16, 1893, and to position themselves near the Hawaiian

Government buildings and the Iolani Palace to intimidate Queen Liliuokalani and her Government;

8. Whereas, on the afternoon of January 17,1893, a Committee of Safety that represented the American and European sugar planters, descendants of missionaries, and financiers deposed the Hawaiian monarchy and proclaimed the establishment of a Provisional Government;

9. Whereas, the United States Minister thereupon extended diplomatic recognition to the Provisional Government that was formed by the conspirators without the consent of the Native Hawaiian people or the lawful Government of Hawaii and in violation of treaties between the two nations and of international law;

10. Whereas, soon thereafter, when informed of the risk of bloodshed with resistance, Queen Liliuokalani issued the following statement yielding her authority to the United States Government rather than to the Provisional Government:

11. I Liliuokalani, by the Grace of God and under the Constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the Constitutional Government of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Government of and for this Kingdom. That I yield to the superior force of the United States of America whose Minister Plenipotentiary, His Excellency John L. Stevens, has caused United States troops to be landed a Honolulu and declared that he would support the Provisional Government. Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the Government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority which I claim as the Constitutional Sovereign of the Hawaiian Islands. Done at Honolulu this 17th day of January, A.D. 1893. 12. Whereas, without the active support and intervention by the United States diplomatic and military representatives, the insurrection against the Government of Queen Liliuokalani would have failed for lack of popular support and insufficient arms;

13. Whereas, on February 1, 1893, the United States Minister raised the American flag and proclaimed Hawaii to be a protectorate of the United States;

14. Whereas, the report of a Presidentially established investigation conducted by former Congressman James Blount into the events surrounding the insurrection and overthrow of January 17, 1893, concluded that the United States diplomatic and military representatives had abused their authority and were responsible for the change in government;

15. Whereas, as a result of this investigation, the United States Minister to Hawaii was recalled from his diplomatic post and the military commander of the United States armed forces stationed in Hawaii was disciplined and forced to resign his commission;

16. Whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported fully and accurately on the illegal acts of the conspirators, described such acts as an "act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress", and acknowledged that by such acts the government of a peaceful and friendly people was overthrown;

17. Whereas, President Cleveland further concluded that a "substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair" and called for the restoration of the Hawaiian monarchy;

18. Whereas, the Provisional Government protested President Cleveland's call for the restoration of the monarchy and continued to hold state power and pursue annexation to the United States;

19. Whereas, the Provisional Government successfully lobbied the Committee on Foreign Relations of the Senate (hereafter referred to in this Resolution as the "Committee") to conduct a new investigation into the events surrounding the overthrow of the monarchy;

20. Whereas, the Committee and its chairman, Senator John Morgan, conducted hearings in Washington, D.C., from December 27,1893, through February 26, 1894, in which members of the Provisional Government justified and condoned the actions of the United States Minister and recommended annexation of Hawaii;

21. Whereas, although the Provisional Government was able to obscure the role of the United States in the illegal overthrow of the Hawaiian monarchy, it was unable to rally the support from two-thirds of the Senate needed to ratify a treaty of annexation;

22. Whereas, on July 4, 1894, the Provisional Government declared itself to be the Republic of Hawaii;

23. Whereas, on January 24, 1895, while imprisoned in Iolani Palace, Queen Liliuokalani was forced by representatives of the Republic of Hawaii to officially abdicate her throne;

24. Whereas, in the 1896 United States Presidential election, William McKinley replaced Grover Cleveland;

25. Whereas, on July 7, 1898, as a consequence of the Spanish-American War, President McKinley signed the Newlands Joint Resolution that provided for the annexation of Hawaii;

26. Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States;

27. Whereas, the Republic of Hawaii also ceded 1,800,000 acres [7,280 km²] of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government;

28. Whereas, the Congress, through the Newlands Resolution, ratified the cession, annexed Hawaii as part of the United States, and vested title to the lands in Hawaii in the United States;

29. Whereas, the Newlands Resolution also specified that treaties existing between Hawaii and foreign nations were to immediately cease and be replaced by United States treaties with such nations;

30. Whereas, the Newlands Resolution effected the transaction between the Republic of Hawaii and the United States Government;

31. Whereas, the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum;

32. Whereas, on April 30, 1900, President McKinley signed the Organic Act that provided a government for the territory of Hawaii and defined the political structure and powers of the newly established Territorial Government and its relationship to the United States;

33. Whereas, on August 21, 1959, Hawaii became the 50th State of the United States;

34. Whereas, the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land;

35. Whereas, the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people;

36. Whereas, the Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions;

37. Whereas, in order to promote racial harmony and cultural understanding, the Legislature of the State of Hawaii has determined that the year 1993, should serve Hawaii as a year of special reflection on the rights and dignities of the Native Hawaiians in the Hawaiian and the American societies;

38. Whereas, the Eighteenth General Synod of the United Church of Christ in recognition of the denomination's historical complicity in the illegal overthrow of the Kingdom of Hawaii in 1893 directed the Office of the President of the United Church of Christ to offer a public apology to the Native Hawaiian people and to initiate the process of reconciliation between the United Church of Christ and the Native Hawaiians; and

39. Whereas, it is proper and timely for the Congress on the occasion of the impending one hundredth anniversary of the event, to acknowledge the historic significance of the illegal overthrow of the Kingdom of Hawaii, to express its deep regret to the Native Hawaiian people, and to support the reconciliation efforts of the State of Hawaii and the United Church of Christ with Native Hawaiians;

Now, therefore, be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Acknowledgment and Apology.

The Congress 40. (1) on the occasion of the 100th anniversary of the illegal overthrow of the Kingdom of Hawaii on January 17, 1893, acknowledges the historical significance of this event which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people;

41. (2) recognizes and commends efforts of reconciliation initiated by the State of Hawaii and the United Church of Christ with Native Hawaiians; 42. (3) apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination; 43. (4) expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people; and 44. (5) urges the President of the United States to also acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to support reconciliation efforts between the United States and the Native Hawaiian people.

Section 2. Definitions.

45. As used in this Joint Resolution, the term "Native Hawaiians" means any individual who is a descendent of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.

46. Section 3. Disclaimer.

Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States.

His Majesty Edmund K. Silva, Jr. Nou Ke Akua Ke Aupuni O Hawai’i ! May 21, 2015

To: Ali’i Mana’o Nui Lanny Sinkin

Re: Directive

Aloha Ali’i Mana’o Nui Sinkin,

I am concerned about the peace and tranquility surrounding Mauna a Wākea. In listening to counsel, it has come to my attention that equality and balance for the 31 loyalists that stood their grounds in peaceful opposition will not get justice in the State of Hawai’i court room. Prejudice against the 31 individuals is well established by the State of Hawai’i pursuing their arrest rather than protecting the mountain. Preliminary actions taken by the judge, such as the shifting of venue, are disheartening.

I believe that it is highly likely that the Judge will pursue a path that denies those arrested the right to a jury and pressures them to accept a violation conviction accompanied by a modest fine or risk being found guilty of the more serious petty misdemeanor and end up paying a fine and imprisoned for 30 days. This may or may not be true. It does warrant our full attention.

A loyalist and First Citizen Ms. Mikahala Roy petitioned me personally to look into this matter with an eye towards justice and fairness; that our government, faith practices, culture, customs, and traditions are treated respectfully and with honor. This being said, her concerns are truly with all the arrestees. She wants them released from all charges, for they committed no crime against the Kingdom of Hawai’i. If a crime was attempted, that crime was attempted by representatives of the Thirty Meter Telescope (trespass and desecration) and committed by agents of the United States of America (aiding and abetting). The Kingdom loyalists sought to

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii ! The$United$Nations$Charter$provides$the$rest$of$the$authority$to$do$it.”$$(An#autonomous#independent#sovereign#nation1state#contemplated# under#Article#1#of#the#1933#Montevideo#Convention#on#Rights#and#Duties#of#States#requiring#the#state#as#a#person#of#international#law# possessing#the#four#qualifications#of#(a)#a#permanent#population,#(b)#a#defined#territory,#c)#government;# and$(d)$capacity$to$enter$into$relations$with$the$other$states.)$

prevent the crimes of trespassing and desecration from being committed by those seeking to build the telescope and their law enforcement enablers.

Apparently her 1st cousin Kanaka Maoli Alapa’i Kaulia is one of the arrestees. As you know, he has written to me to request the assistance of the Kingdom in defending against the charges placed against him in United States court.

I believe that the Mauna a Wākea cases raise all the fundamental issues faced by the movement to fully restore the Kingdom.

Certainly the numerous declaratory judgments requested in the pleading Mr. Kaulia filed before the Chief Justice of the Supreme Court covered a large spectrum of relevant issues.

Therefore, I am directing you to work through Mr. Kaulia to request permission of the Court in his case for you to make a Limited Special Appearance for the purpose of assisting the Court to resolve the issues in a way that does not infringe on the rights of Kingdom subjects, like Mr. Kaulia; on the Hawaiian Independence Movement as a whole; and/or on the Kingdom.

Please prepare a document that gives the Court an idea of what issues, arguments, and evidence we would bring to the Court, were the Court to permit you to appear.

Me ke aloha pumehana,

Edmund K. Silva, Jr. Ali’i Nui Mo’i cc: Na Kupuna Council O Hawai’i Nei ame Moku

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other states.

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

DECLARATION+OF+EDMUND+KELI’I+SILVA,+JR.+ + I,+EDMUND+KELI’I+SILVA,+JR.,+DECLARE+THE+FOLLOWING+TO+BE+TRUE+TO+THE+BEST+ OF+MY+INFORMATION+AND+BELIEF:+ + 1.++I+serve+as+Ali’i+Nui+Mō’i+(High+Chief/King)+of+the+restored+Kingdom+of+Hawai’i.+ + 2.++At+one+time,+the+United+States+arrested+me+on+a+charge+of+theft+by+deception.+ + 3.++The+United+States+based+my+arrest+on+a+financial+transaction.+ + 4.++In+that+financial+transaction,+a+person+gave+me+$500,000+(five+hundred+thousand+ dollars).+ + 5.++The+money+was+to+be+used+to+create+two+new+companies.+ + 6.++One+company+was+a+real+estate+company.+ + 7.++The+second+company+would+produce+videos+to+show+women+how+to+use+basic+ martial+arts+movements+to+protect+themselves+from+attack.+ + 8.++I+did+create+both+companies.+ + 9.++After+I+created+both+companies,+the+investor+asked+for+her+money+back.+ + 10.++At+that+time,+the+money+was+invested+in+the+two+companies.+ + 11.++At+that+time,+the+real+estate+company+had+a+major+real+estate+sale+pending.+ + 12.++At+that+time,+the+master+for+the+videos+was+finished+and+ready+to+go+into+ production.+ + 13.++I+told+the+investor+that+the+funds+she+invested+were+fully+committed+to+the+two+ companies.+ + 14.++I+told+the+investor+that+I+could+not+return+her+investment+yet.+ + 15.++Somehow+my+inability+to+return+the+investment+was+turned+into+a+criminal+ charge.+ + 16.++I+was+extradited+to+Colorado+for+trial.+ + 17.++Prior+to+going+to+trial,+I+was+offered+ten+years+probation.+ + 18.++Because+I+considered+myself+innocent,+I+refused+that+offer+and+went+to+trial.+ + 19.++At+trial,+I+asserted+my+Hawaiian+nationality+to+challenge+the+Court’s+jurisdiction+ over+me.+ + 20.++At+trial,+I+was+represented+by+a+public+defender.+ + 21.++At+trial,+I+was+unable+to+get+witnesses+from+Hawai’i+to+come+to+Colorado.+ + 22.++Those+witnesses+were+prepared+to+testify+that+I+fully+intended+to+pay+back+the+ investment+when+the+companies+had+sufficient+income+to+do+so.+ + 23.++I+was+tried+before+an+all+White+jury.+ + 24.++The+jury+convicted+me.+ + 25.++The+judge+sentenced+me+to+24+years+in+jail.+ + 26.++While+in+prison,+I+received+a+call+from+Samuel+Kaluna.+ + 27.++He+told+me+that+he+and+other+Kupuna+on+the+Island+of+Hawai’i+had+formed+a+ Hawaiian+government,+issued+a+proclamation,+adopted+a+Constitution,+and+selected+ me+to+be+King.+ + 28.++Mr.+Kaluna+had+been+selected+as+Prime+Minister.+ + 29.++By+that+time,+I+had+been+in+jail+for+13+years.+ + 30.++I+refused+the+request+to+serve+as+King+based+on+my+still+having+another+11+years+ to+serve.+ + 31.++Prime+Minister+Kaluna+insisted+that+he+had+reviewed+numerous+genealogies+in+ the+islands+as+part+of+his+search+for+the+appropriate+person+to+be+King.+ + 32.++Prime+Minister+Kaluna+told+me+that+based+on+his+review,+my+genealogy+had+the+ highest+claim+to+the+throne.+ + 33.++I+finally+consented+to+serve+as+King.+ + 34.++In+fulfilling+that+kuleana+(responsibility),+I+wrote+to+foreign+nations+requesting+ diplomatic+recognition+and+financial+assistance+to+put+the+Kingdom+Government+ back+in+place.+ + 35.++Soon+after+I+agreed+to+be+King,+Prime+Minister+Kaluna+called+me+to+say+that+an+ attorney+named+Lanny+Sinkin+would+be+coming+to+visit+with+me+about+my+case.+ + 36.++Mr.+Sinkin+did+come+to+visit+me+to+discuss+my+case+and+became+my+lawyer.+ + 37.++At+a+later+point,+prison+officials+informed+me+that+a+delegation+from+a+foreign+ country+had+come+to+visit+me.+ + 38.++I+was+taken+to+a+room+where+I+met+with+a+person+saying+that+he+represented+the+ Irish+Government.+ + 39.+Accompanying+his+were+a+person+who+introduced+himself+as+a+United+States+ Marshall+and+gave+me+his+card.+ + 40.++The+person+saying+he+represented+the+Irish+Government+gave+me+a+letter+on+ which+he+appeared+as+the+Irish+Finance+Minister.+ + 41.++The+letter+stated+that+Ireland+was+prepared+to+extend+diplomatic+recognition+to+ the+Kingdom+and+provide+$240+billion+to+assist+the+Kingdom+with+restoration.+ + 42.++The+letter+very+eloquently+compared+the+struggles+of+the+Irish+people+with+the+ struggles+of+the+Hawaiian+people.+ + 43.++After+the+delegation+left,+I+placed+the+letter+in+an+envelope+and+mailed+it+to+Mr.+ Sinkin.+ + 44.++Mr.+Sinkin+called+me+later+to+inform+me+that+he+had+investigated+the+letter+and+ found+it+to+be+fake.+ + 45.++The+details+of+Mr.+Sinkin’s+investigation+are+found+in+the+Declaration+of+Lanny+ Alan+Sinkin,+which+is+also+an+exhibit+to+this+Proffer.+ + 46.++Mr.+Sinkin+called+me+to+say+that+he+was+arranging+for+a+private+investigator+to+go+ to+the+prison+and+collect+all+the+business+cards+the+people+visiting+left+with+him.+ + 47.++Shortly+thereafter+I+was+returning+to+my+cell+when+a+prison+officer+told+me+to+ wait.+ + 48.++When+I+was+allowed+to+go+to+my+cell,+I+found+that+all+my+files,+including+all+my+ correspondence+with+my+lawyer,+Mr.+Sinkin,+had+been+taken+from+my+cell.+ + 49.++The+files+included+the+business+cards+that+Mr.+Sinkin+was+seeking.+ + 50.++At+one+time,+I+experienced+sharp+pains+on+my+left+side.+ + 51.++I+requested+prison+officers+to+take+me+to+the+infirmary.+ + 52.++The+officers+refused.+ + 53.++When+I+next+talked+to+Mr.+Sinkin,+I+informed+him+of+my+health+situation.+ + 54.++He+said+that+he+would+take+steps+to+get+me+medically+evaluated,+including+ contacting+the+Governor+of+Colorado’s+office.+ + 55.++Mr.+Sinkin+later+informed+me+that+he+had+contacted+the+Governor’s+office+and+ lodged+an+official+complaint+regarding+the+denial+of+medical+care+for+me.+ + 56.++Shortly+thereafter+I+was+taken+to+the+infirmary.+ + 57.++I+was+diagnosed+with+angina.+ + 58.++At+my+first+parole+hearing,+I+was+fully+prepared+to+state+my+intention+of+working+ on+Kingdom+restoration+as+King+to+satisfy+the+requirement+that+I+have+a+job+coming+ out+on+parole.+ + 59.+I+had+arranged+with+Mr.+Sinkin+that+he+would+be+present+to+address+the+Kingdom+ work.+ + 60.++I+had+also+arranged+for+Hanalei+Fergerstrom+to+be+present+to+express+the+ support+of+the+traditional+spiritual+practitioners+for+my+being+returned+home.+ + 61.++As+I+was+about+to+enter+the+hearing+room,+the+parole+officer+who+was+going+to+ interview+me+turned+to+me+and+said+he+did+not+want+to+hear+a+single+word+about+the+ Kingdom.+ + 62.++I+was+left+to+think+up+alternatives+on+the+spot,+such+as+joining+a+fishing+business.+ + 63.++The+hearing+officer+denied+my+request+for+parole.+ + 64.++A+year+later,+my+request+for+parole+was+granted+by+the+parole+officer+who+ interviewed+me.+ + 65.++Later+I+learned+that+the+Chairman+of+the+Parole+Board+called+the+case+up+before+ the+entire+Board+to+try+to+reverse+the+approval+of+parole.+ + 66.++The+Chairman+failed+to+get+the+support+of+the+other+members+of+the+Board+for+ reversing+the+approval.+ + 67.++After+being+on+parole+for+less+than+the+full+time,+my+parole+officer+informed+me+ that+my+parole+had+been+terminated+months+before+in+Colorado+based+on+good+ behavior.+ + 68.++The+State+of+Hawai’i+had+failed+to+inform+me+that+my+parole+was+terminated.+ + 69.++In+May+of+2015,+I+received+an+application+from+Alapa’i+H.+Kaulia+for+citizenship+in+ the+Kingdom.+ + 70.++I+approved+Mr.+Kaulia’s+request.+ + 71.++I+granted+Mr.+Kaulia+citizenship+retroactive+to+the+day+he+stood+for+the+Kingdom+ to+protect+Mauna+a+Wākea+and+suffered+arrest+for+his+noble+actions.+ + + + + + + ______+ + + + + + Edmund+Keli’i+Silva,+Jr.+ + Dated:+______+ + DECLARATION+OF+LANNY+ALAN+SINKIN+ + I,+LANNY+ALAN+SINKIN,+DECLARE+THE+FOLLOWING+TO+BE+TRUE+TO+THE+BEST+OF+ MY+INFORMATION+AND+BELIEF:+ + 1.++I+serve+as+Ali’i+Mana’o+Nui+(Chief+Advocate+and+Spiritual+Advisor)+to+Ali’i+Nui+Mō’i+ (High+Chief/King)+of+the+restored+Kingdom+of+Hawai’i+Edmund+Keli’i+Silva,+Jr.+ + 2.++I+served+as+legal+counsel+for+the+King+at+the+time+he+received+a+delegation+ supposedly+from+Ireland+at+the+prison+where+the+King+was+being+held+in+Colorado.+ + 3.++The+King+sent+me+the+letter+that+he+was+given+during+that+visit.++See+Exhibit+A.+ + 4.++When+I+received+the+letter,+something+did+not+seem+quite+right+to+me.+ + 5.++I+began+investigating+the+bona%fides+of+the+document.+ + 6.++I+found+that+the+letter+was+a+false+document.+ + 7.++Specifically,+I+found+that+the+colors+of+the+Irish+flag+on+the+letter+were+reversed.+ + 8.++I+also+found+that+the+person+signing+as+Finance+Minister+was+not+the+Finance+ Minister.+ + 9.++I+also+found+that+the+address+on+the+bottom+of+the+letter+was+the+United+States+ Embassy+in+Dublin,+Ireland.+ + 10.++I+also+found+that+the+telephone+number+on+the+letter+was+the+United+States+ Embassy+in+Dublin,+Ireland.+ + 11.++I+located+the+person+in+Ireland+who+supposedly+signed+the+letter+in+another+ position+in+the+Irish+Government.+ + 12.++I+contacted+that+person’s+office+in+Ireland.+ + 13.++I+reached+that+person’s+assistant.+ + 14.++I+asked+whether+the+person+who+supposedly+signed+the+letter+had+been+in+ Colorado+meeting+with+the+King+of+Hawai’i.+ + 15.++The+assistant+said+that+the+person+had+not+been+in+Colorado+when+the+King+met+ the+supposed+delegation.+ + 16.++The+assistant+asked+me+to+fax+the+letter+to+him.+ + 17.++I+did+fax+the+letter+to+the+assistant.+ + 18.++I+received+a+call+from+the+assistant+stating+that+the+signature+on+the+letter+was+a+ forgery.++ + 19.++I+informed+the+King+that+he+apparently+had+been+the+victim+of+a+covert+action+ directed+against+him+ + 20.++I+pointed+out+that+had+he+followed+up+on+the+visit+with+a+letter+to+the+address+on+ the+“Irish”+letter+or+a+telephone+call+to+the+number+on+the+letter,+his+communication+ probably+would+have+been+routed+to+a+United+States+agent+running+the+operation+ against+him.+ + 21.++I+suggested+that+all+of+his+communications+sent+to+foreign+governments+had+been+ intercepted+by+United+States+agents.+ + +22.+I+suggested+that+any+responses+he+had+received+were+probably+as+phony+as+the+ Irish+letter.+ + 23.++I+told+the+King+that+I+was+sending+in+a+private+investigator+to+collect+the+business+ cards+left+by+those+who+visited+with+him.+ + 24.++I+did+call+a+private+investigator+to+visit+the+King.+ + 25.++He+said+that+he+would+give+the+prison+24+hours+notice+of+his+intention+to+visit+as+ required+by+prison+rules.+ + 26.++Before+the+investigator+could+enter+the+prison,+all+of+the+King’s+files+were+stolen+ from+his+cell,+including+the+business+cards.+ + 27.++On+another+occasion,+I+called+the+King+and+learned+that+he+was+experiencing+ sharp+pains+on+his+left+side.+ + 28.++He+said+that+he+had+asked+to+go+the+Infirmary.+ + 29.++He+said+that+his+request+had+been+denied.+ + 30.++I+contacted+the+Governor’s+Office+in+Colorado+to+express+my+concern+and+outrage+ concerning+the+treatment+the+King+was+receiving+in+the+prison.+ + 31.++Shortly+thereafter,+the+King+was+taken+to+the+infirmary.+++ + 32.++He+was+diagnosed+with+angina.+ + 33.++In+2004,+I+went+to+Colorado+for+the+King’s+first+parole+hearing.+ + 34.++Hanalei+(Hank)+Fergerstrom+accompanied+me+as+a+haumana+(student)+in+the+ Temple+of+Lono.+ + 35.++In+Colorado,+we+discussed+with+the+King+how+he+would+answer+the+normal+ parole+questions.+ + 36.++The+plan+was+for+the+King+to+state+that+his+work+once+out+of+prison+would+be+to++ pursue+the+restoration+of+the+Kingdom+as+an+independent+nation.+ + 37.++The+King+would+also+state+that+the+Temple+of+Lono+would+assist+him+in+that+ work.+ + 38.++Hank+Fergerstrom+and+I+joined+another+person+who+was+going+to+be+a+character+ witness+for+the+King+in+the+room+where+the+hearings+were+held.+ + 39.++The+King+came+in+and+sat+down+across+the+table+from+the+hearing+officer.+ + 40.++The+hearing+officer+noted+that+the+King+had+guests+and+invited+him+to+introduce+ them.+ + 41.++When+the+King+turned+around+to+introduce+us,+he+clearly+displayed+signs+of+great+ stress.+ + 42.++When+the+parole+officer+asked+the+King+what+he+would+do+if+he+were+paroled,+the+ King+said+he+would+go+to+work+in+a+fishing+business.+ + 43.++In+response+to+other+questions,+the+King+said+nothing+about+the+Kingdom.+ + 44.++After+the+hearing,+Hank+and+I+visited+with+the+King+to+find+out+what+had+ happened.+ + 45.++The+King+informed+us+that+just+prior+to+entering+the+room+the+parole+officer+had+ turned+to+the+King+and+said+that+he+did+not+want+to+hear+a+single+word+about+the+ Kingdom.+ + 46.++At+the+end+of+the+hearing,+the+parole+officer+denied+parole.+ + 47.++When+the+King+was+paroled+a+year+later,+I+served+as+his+sponsor+and+attended+all+ his+meetings+with+his+parole+officer.+ + + + + + + + 48.++I+was+present+the+day+his+parole+officer+told+him+that+the+State+of+Colorado+had+ terminated+his+parole+based+on+good+behavior+months+earlier.+ + 49.++The+parole+officer+had+no+explanation+for+why+she+had+not+been+told.+ + + + + + + ______+ + + + + + Lanny+Alan+Sinkin+ + Date:++______+

Royal Secretary and First Diplomat From Hawai’i

Timoteo Kamalehua Ha`alilio Birthdate: Circa 1808 – Died 1844

Member of the House of Nobles In office 1842–1844 Monarch King Kamehameha III Kingdom of Hawaii Envoy to the United States, France and Great Britain In office April 8, 1842 – December 3, 1844 Monarch King Kamehameha III Personal details c. 1808 Born Oahu, Kingdom of Hawaii December 3, 1844 (aged 35–36) Died New York, United States Resting place Pohukaina or Kawaiahaʻo Cemetery

Nationality Kingdom of Hawaii Spouse(s) Hana Hupa Haʻalilio

Alma mater Lahainaluna School Occupation Royal Secretary, Diplomat, Politician

Religion Congregationalism Timoteo or Timothy Kamalehua Haʻalilio (1808–1844) was a royal secretary and first diplomat of the Kingdom of Hawaii. He is best known for helping Hawaii in gaining recognition from Britain, France, and the United State as an independent sovereign nation.

Life:

Haʻalilio was born early in the 19th century, probably 1808. He was the son Koeleele (or Koelele), and his wife Kipa, in some accounts Eseta (Esther) Kipa. He was the half-brother of Levi Haʻalelea, who later became a husband of Princess Kekauōnohi. He was of the aliʻi class or Hawaiian nobility. He was included in the first English school set up by Hiram Bingham I in Honolulu around April 1821. In 1823 William Richards joined the mission, and became a teacher and friend for the rest of his life. After learning of the death of King Kamehameha II in 1825, Haʻalilio was selected to be the royal secretary of King Kamehameha III. Jean Baptiste Rives who had served as Kamehameha II's secretary had been accused of mismanagement of funds and never returned to Hawaii. He took the Christian name Timothy, which was "Timoteo" in the Hawaiian language spelling.

On June 7, 1826, he married Hana Hopua (Hooper in some sources), the daughter of Hopua and Polunu. The couple had no children and his wife outlived him and inherited some lands in the Great Mahele in 1848.

In 1831 the Lahainaluna School was founded, and he continued his education there. In July 1839 he was offered as a hostage during the French Incident. Captain Cyrille Pierre Théodore Laplace described him as:

"The king's secretary and one of his favorites was a handsome young man of frank, pleasant countenance and good manners; he wore European dress and spoke English quite well."

In the 1840 Constitution of the Kingdom of Hawaii, he was included in the first members of the House of Nobles. Haʻalilio was a founding member of the first Hawaiian Historical Society in 1841.

On April 8, 1842 he was appointed as the first diplomat of the Kingdom, envoy to the United States, France and Great Britain. Richards would assist him as advisor and translator. In May he was appointed to a treasury board, along with John Papa ʻĪʻī and Gerrit P. Judd.

Haʻalilio and Richards left on July 18, 1842 for their diplomatic mission. Instead of sailing via Cape Horn, they went through Mexico and over land. They took a steamer to Washington D.C. December 5. After a week waiting to see Daniel Webster who was the U.S. Secretary of State, they had their appointment on December 7. By December 19, 1842 they had verbal assurance of U.S. recognition, but no formal treaty. While in Washington, he became quite the celebrity as the first distinguished man of color to visit the nation's capital. An incident occurred on board the steamboat Globe, in which Haʻalilio was mistaken for Richards' slave. They tried purchasing two tickets for breakfast but instead were given one and a half, one for Richards and the half for his servant. Even after Richards explained to the captain that he was Haʻalilio's servant and that he was an ambassador from the "King of the Sandwich Islands" to the President, the captain refused to allow any "colored man" to sit at the table. They next sailed to England.

Haʻalilio and Richards on 1842–1844 diplomatic mission

In London they met up with Sir George Simpson of the Hudson's Bay Company and requested a visit with Lord Aberdeen who was British Secretary of State for Foreign Affairs. February 1843 Richards, Sir George Simpson and Haʻalilio visited King Leopold I of Belgium. On March 17, 1843 they met François Guizot who was the French Foreign Minister. Both verbally accepted Hawaiian independence, and so did Lord Aberdeen on another visit on March 25. Confident in their success, Sir George Simpson returned to Canada, thinking Richards and Haʻalilo could wrap up the details through April and May 1843. Finally on November 13, 1843 Lord Aberdeen and the French ambassador Louis Saint-Aulaire agreed on terms and signed an agreement on November 28. It was a joint declaration, not a treaty, so did not clarify status.

They returned to America, and visited the new Secretary of State John C. Calhoun who was invited to also sign the agreement, but said he would wait for a treaty that could be ratified by the Senate. They left Boston November 18, 1844 on the ship Montreal, but Haʻalilio's health declined, and he died December 3, 1844 off the coast of New York. He probably had been suffering from tuberculosis through the long northern winters. Richards brought his body back on March 21, 1845 to Honolulu. A funeral was held March 26, and a memorial was held in the legislature at its next session.

Bingham offered this praise:

"Haalilio was a man of intelligence, of good judgment, of pleasing manners, and respectable business habits. ...few public officers possess integrity more trustworthy."

His Royal Majesty Edmund K. Silva, Jr.

An autonomous independent sovereign nation-state contemplated under Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other states.

The Constitution of the Kingdom of Hawai’i October 22, 2003

It is entirely meet to offer our respectful aloha to the Kings, Queens, Nobles, Chiefs, Kupuna’s, and all the people of Hawai'i past. It is equally appropriate to express our profound gratitude to those people of Hawai'i present that fought for the restoration of and for the Kingdom of Hawai’i, for without their vision and perseverance the dream of the Kingdom of Hawai'i restored would never have come to fruition. They are our brave men and women that shall be remembered for their courage and unconditional love to stay the course even unto their death to see the substantial wrongs put right. I, His Royal Majesty Edmund Keli’i Silva, Jr., by the grace of our Heavenly Father thank those before me for their sacrifice to establish a noble government.

On November 23, 2002, the Proclamation announcing the restoration of the Kingdom of Hawai'i was published. On June 21, 2003, the Declaration of Independence proclaiming the sovereignty of the independent Kingdom of Hawai'i was promulgated. This instant document is the Constitution of the Kingdom of Hawai'i, and by its ratification the restoration of the Kingdom of Hawai'i is sealed. Done this 22nd day of October, 2003

Preamble to the Constitution:

The complete original 1797 law in Hawaiian:

Kānāwai Māmalahoe: Law of the Splintered Paddle:

E nā kānaka, Oh people, E mālama ‘oukou i ke akua Honor thy god; A e mālama ho‘i ke kanaka nui a me kanaka iki; respect alike [the rights of] people both great and humble; E hele ka ‘elemakule, ka luahine, a me ke kama May everyone, from the old men and women to the children A moe i ke ala Be free to go forth and lay in the road (roadside or pathway) ‘A‘ohe mea nāna e ho‘opilikia. without fear of harm.

Hewa nō, make. — Kamehameha I Break this law and die. — Kamehameha I

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The law of the splintered paddled was declared by King Kamehameha I in 1797. The law, “Let every elderly person, woman and child lie by the roadside in safety,” is enshrined in the state constitution, Article 9, Section 10, and has become a model for modern human rights law regarding the treatment of civilians and other non-combatants. It was created when Kamehameha was fighting in Puna. While chasing two fishermen (presumably with the intention to kill them), his leg was caught in the reef, and one of the fishermen, Kaleleiki, hit him mightily on the head with a paddle in defense, which broke into pieces. Kamehameha was able to escape, and years later, the same fisherman was brought before Kamehameha. Instead of ordering for him to be killed Kamehameha ruled that the fisherman had only been protecting his land and family, and so the Law of the Splintered Paddle was declared.

The Kingdom of Hawai'i is established as a sovereign Constitutional Monarchy under the divine blessing of almighty God, Supreme Sovereign of all creation. This Constitution affirms the structure of the government of the Kingdom and directs the manner by which that government shall comport itself in advancing the interests of the people.

The Constitution of the Kingdom of Hawai'i guarantees fundamental rights to all, promotes peace and domestic tranquility, provides for the common defense, and insures the general welfare of the people.

The provisions of this Constitution shall be effected in conformance with the will of Almighty God, so that we may secure His blessings, for ourselves and our posterity, for all time.

The Constitution of the Kingdom of Hawai'i is ordained by almighty God and sustained by the free will of the people, and is thereby and therefore the law of the entire Archipelago of the Kingdom of Hawai’i. So say we all.

Article 1

The Kingdom of Hawai'i consists of all the islands comprising the historical Hawaiian archipelago and its territorial waters extending two hundred statute miles from their shores.

Article 2

The government of the Kingdom of Hawai'i is established as a Constitutional monarchy.

Article 3

Pursuant to Article 22 of the Kingdom of Hawai'i Constitution of 1893, the Crown is permanently confirmed to His Majesty – Ali’i Nui Mo’i Edmund Keli’i Silva, Jr., Who’s full Hawaiian Royal name: Nalikolauokalani-Ke’alohilanikikaupe’aokalani-kapahupinea-kaleikoa-keopuhiwa-Paki, was hidden from those who tried to destroy the royal lines. His bloodline is indisputably connected to Kamehameha Nui ‘Ai Lu’au. His royal lineage dates back to 387 A.D.

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

His Genealogical record exhibits an impeccable chain of custody. It is the original record of the Royal Courts and last chanted in the Royal Court in 1836. In the event of His Majesties death the kingdom shall be properly transferred to the heirs of his body, lawfully begotten, and to their lawful descendants in a direct line except as otherwise herein provided. Succession shall be determined by primogeniture, with the Crown passing in due time to the senior male child of the Sovereign and, subsequently, to the lawful heirs of that child's body.

Failing a suitable male child, the succession shall pass in due time to the senior female child of the Sovereign and, subsequently, to the lawful heirs of that child's body. In the event that there is no heir as above described, then the successor shall be that person whom the Sovereign does so appoint, with the consent of the Nobles, and publicly proclaim as such during the Sovereign's life. Should there be no such appointment and proclamation and the Throne become vacant with no suitable heir, then the Cabinet Council, immediately upon the occurrence of such vacancy, shall convene a meeting of the Legislative Assembly for the purpose of electing a successor.

The Legislative Assembly shall then forthwith elect a successor to the Throne. Such successor shall be selected from among the noble families of the Kingdom and shall be in all other manners suitable to assume the Crown. The successor so selected shall become the new bloodlines for the Royal Family and succession from the Sovereign so selected shall conform in all respects to the provisions of this Article 3.

Article 4

Whenever upon the decease of the Sovereign (hereinafter King), the lawful heir is less than eighteen years of age, the Royal Powers shall be exercised by a Council of Regency as provided in Article 28 herein.

Article 5

No member of the Royal Family of Hawai'i who may by law succeed to the Throne shall contract marriage without the consent of the King. Any Royal Family member so contracting marriage may by proclamation of the King, be declared to have forfeited all rights to and claims upon the Throne, and after such proclamation the right of succession shall vest in the next successor as though the Royal Family member so alienated from succession did not exist.

Article 6

No person who has been convicted of any infamous crime, according to Kingdom law, or who is otherwise incompetent, shall sit upon the Throne.

Article 7

The King, upon coming to the Throne, shall take the following oath: I most solemnly swear, in the presence of almighty God, to maintain the Constitution of the Kingdom of Hawai'i whole and inviolate, and to govern in conformity therewith.

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Article 8

The King is the King of all the Nobles, and of all the People; the Kingdom is His under the Supreme Rule of GOD.

Article 9

The Person of the King is inviolable and sacred.

Article 10

The King's private lands and other property are inviolable.

Article 11

The King has Full Global Immunity under Universal Law and Order of the Most High Supreme GOD as an anointed King.

Article 12

All titles of Honor, Orders, and other Distinctions emanate solely from the King.

Article 13

The King has the power to coin money and regulate the currency of the Kingdom, by law.

Article 14

The King shall conduct His government for the common good and not for the profit, honor or private interest of any one man, family, or class of men.

Article 15

The King shall receive annual payments from the Kingdom, in an amount sufficient to discharge the responsibilities of the Throne and commensurate with His position. The King shall regulate such payments consistent with the public interest. Said payments, properties, and other assets of the King, including, inheritances, and other things personally received, shall be exempt from any and all taxes.

Article 16

The King shall organize His Royal Household, consistent with the public interest.

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Article 17

Members of the Royal Family may receive, consistent with the public interest, annual payments free from personal taxation. Said members and payments thereto shall be specified by the King.

Article 18

The King is the commander-in-chief of all military forces of the Kingdom, by sea, by air, and by land; and solely possesses full power, or by any officers or other persons He may appoint, to establish, train and govern such forces; and He may judge best for the defense and safety of the Kingdom, but He may not declare war without the consent of the Legislative Assembly.

Article 19

There is established a Council of State for advising the King in all matters of State wherein He may require its advice, and for assisting Him in administering the Executive affairs of the government in such manner as He may direct. Said Council is the King's Privy Council of State. Council Members shall be appointed by the King and hold office at His pleasure.

Article 20

The King by and with the advice of His Privy Council has the power to grant reprieves, and pardons after conviction, pursuant to Kingdom law, for all offenses except in matters or impeachment.

Article 21

The King, by and with the advice of His Privy Council, shall convene the Legislative Assembly at the seat of government or at a different place if the seat of movement should become dangerous. In the event of disagreement between the King and the Legislative Assembly, the King may adjourn, prorogue, or dissolve it, but not beyond the next ordinary Session. Under great emergency, the King may convene the Legislative Assembly in Extraordinary Session.

Article 22

The King possesses the sole power to make Treaties. Those Treaties involving changes in the tariff or in any law of the Kingdom shall be referred for consideration to the Legislative Assembly. The King shall appoint the Public Ministers, who shall be commissioned, accredited, and instructed so that the performance of their duties shall comport with the demands of their respective, offices.

Article 23

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It is the King's prerogative to receive and acknowledge public ministers and representatives of other governments, and He may delegate said prerogative at His convenience. The King shall inform the Legislative Assembly by Royal Message, from time to time, of the state of the Kingdom, and recommend for its consideration such measures as He deems necessary and expedient. Article 24

The King shall have a Cabinet, which Cabinet shall consist of a Prime Minister, Minister of the Interior, Minister of Foreign Affairs, Minister of Finance, Minister of Human Services, Minister of Science and Technology, Minister of Agriculture, Minister of State, Minister of Defense and the Attorney General of the Kingdom. The Cabinet Members shall be the King's special advisors in the Executive affairs of the Kingdom, and they shall also be ex officio members of the King's Privy Council of State. Cabinet Members shall be appointed by the King and shall serve at His pleasure, except that they shall be subject to impeachment pursuant to Article 31 herein.

Article 25

The Prime Minister is the Chairman of the Council of Ministers. The Ministers shall take the following oath prior to assuming office: I most solemnly swear, in the presence of almighty God, that I shall faithfully support the King and the Constitution of the Kingdom of Hawai'i and conscientiously and impartially discharge my duties as a Cabinet Member thereof.

Article 26

The Minister of Finance shall, on the first day of the meeting of the Legislative Assembly, present to the Assembly, in the Hawaiian and English languages, the financial budget for the year.

Article 27

Each Member of the Cabinet shall maintain an office at the seat of government and shall be accountable for the conduct of his deputies and clerks. The Ministers shall hold ex officio seats, as Nobles, in the Legislative Assembly.

Article 28

It shall be lawful and appropriate for the King, at any time when He has need to absent Himself from the Kingdom or its duties, to appoint a Regent, or Council of Regency, who shall administer the government in the King's Name. The King may, by and through His Last Will and Testament, appoint a Regent, or Council of Regency, to administer the government during the minority of an heir to the Throne. Should the King decease leaving a minor heir and having made no such Last Will and Testament, the Cabinet Council at the time of such decease shall be a Council of Regency until such time as the Legislative Assembly, which shall be convened without delay, may be properly assembled; and the Legislative Assembly that is assembled shall instantly proceed to choose by ballot a Council of Regency, which

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Council shall administer the government in the Name of the King and exercise all powers which are Constitutionally vested in the King until the minor heir has attained the age of majority, which age is declared to be eighteen years.

Article 29

The King, in the event of invasion, civil unrest, or other great threat to the Kingdom, may place the Kingdom or any part thereof under martial law for an indefinite period of time.

Article 30

The King shall appoint the Nobles, who shall, at the King's pleasure hold their appointments for life but subject to the provisions of Article 31 herein. No person shall be appointed a Noble who has not attained the age of twenty-five and resided in the Kingdom for seven years, or appointed by Royal Decree as a special position that benefits the Kingdoms welfare and well-being.

Article 31

The House of Nobles may be convened as a Court, with full and sole authority to hear and determine all impeachments made by the House of Representatives against any officers of the Kingdom for misconduct or maladministration in their offices. Prior to the trial of any impeachment, the Nobles shall be sworn to truly and impartially determine the charges at issue, and to render judgment in accordance with the evidence and the law. Their judgment shall not extend beyond removal from office and disqualification to hold or enjoy any position of honor, trust, or profit within the government. Any person so convicted shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to the laws of the Kingdom. No Minister shall sit as part of a Court of Impeachment, nor shall any Noble who is impeached be part of the Court of that impeachment. Article 32

The supreme power of government of the Kingdom is vested in the King. In its exercise it is divided into the Executive, the Legislative, and the Judicial. The Legislative Assembly shall consist of the House of Nobles and the House of Representatives sitting jointly.

Article 33

The Legislative Assembly shall convene annually, at a time established by the King and at such other times as the King may deem expedient, for the purpose of promoting the interests of the Kingdom.

Article 34

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Every member of the Legislative Assembly shall take the following oath prior to assuming office: I most solemnly swear, in the presence of almighty God, that I shall faithfully support the King and the Constitution of the Kingdom of Hawai’i, and conscientiously and impartially discharge my duties as a member of the Legislative Assembly thereof.

Article 35

The Legislative Assembly has the power and authority to amend the Constitution as provided in Article 89 herein and, from time to time, to make all manners of wholesome laws not repugnant to the provisions of this Constitution. The Legislative Assembly can, but with the authority and permission of the King makes such amendments.

Article 36

The Legislative Assembly shall be the judge of the qualifications of its members, and a majority of members shall constitute a quorum to do business; however, a smaller number may convene from day to day and compel for good cause the attendance of absent members, in such manner and under such penalties as the Assembly may provide. Providing those rules in no way interfere with the King’s Supreme Rule and Power and must be presented to the King before such proceedings for the King’s approval. Article 37

The Legislative Assembly shall choose its own officers and determine the rules of its own proceedings.

Article 38

The Legislative Assembly may discipline its own members for disorderly behavior.

Article 39

The members of the Legislative Assembly shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the Sessions of the Assembly, and in going to and returning from the same; and they shall not be held to answer for any speech or debate made in the Assembly, or in any other court or place whatsoever while in furtherance of their official duties.

Article 40

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The Legislative Assembly shall keep a minute journal of its proceedings; and the yeas and nays of the members on any question shall, at the desire of at least one-fifth of those present, be entered in the journal.

Article 41

The Legislative Assembly shall have the authority to discipline, any person guilty of disrespect to the Assembly by any disorderly or contemptuous behavior in its presence; or who, during the time of its sitting, shall publish any false reports of, or comments upon, its proceedings or who shall threaten harm to the person, or estate of any of its members for anything said or done in the Assembly; or who shall assault any of them therefor; or who shall assault or arrest any witness or other person ordered to attend the Assembly, in his or her way going to or returning from; or who shall rescue any person arrested by order of the Legislative Assembly. Article 42

The members of the Legislative Assembly shall receive for their services to the Kingdom compensation to be set by law and paid out of the public treasury; but no increase of compensation shall take effect in the year in which it shall have been made.

Article 43

The Legislative Assembly is established as a bicameral body with a House of Nobles and House of Representatives. The Nobles of the Kingdom shall, every four years, select from among their group a number of Nobles, said number to be set from time to time by Royal Decree, consistent with the needs of the Kingdom, for the purpose of constituting the House of Nobles. The members of the House of Representatives shall be selected pursuant to the provisions or this Constitution.

Article 44

No person shall be elected to the House of Representatives who has not reached the age of twenty-five and been seven years a citizen of the Kingdom prior to election.

Article 45

Representatives shall be apportioned among the major islands of the Kingdom in proportion to their respective populations, which populations shall be determined by census. The enumeration shall be done from time to time by law as appropriate. The number of Representatives shall be set from time to time by Royal Decree, consistent with the needs of the Kingdom, but each major island shall have at least one Representative.

Article 46

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The Representatives shall be elected pursuant to Article 48 herein and assembled in immediate consequence of this Constitution. Immediately after they are assembled, the Representatives shall be divided, as equally as possible, into three groups. The seats of the Representatives of the first group shall be vacated at the expiration of two years; the second group, at the expiration of four years; and the third group, at the expiration of six years, so that one-third of the Representatives shall be chosen every two years.

Article 47

If vacancies should occur, by resignation or otherwise, in the representation of any part of the Kingdom and the Legislative Assembly is in session, the Assembly shall fill the vacancies until the next general election. If vacancies should occur during the recess of the Legislative Assembly, then the King shall make temporary appointments until the next meeting of the Assembly, at which time the Assembly shall fill the vacancies until the next general election. At the next general election following said vacancies, the vacancies shall be filled pursuant to Article 48 herein.

Article 48

Representatives shall be elected by the people, by majority vote. The term of a Representative shall be six years. No Representative shall serve more than two terms in the Legislative Assembly. The Legislative Assembly shall make laws for the election of Representatives, and other public officials, consistent with the provisions of this Constitution

Article 49

Acts, Bills, and Resolutions may originate in either House and be brought for vote pursuant to the rules of that House. Passage of any such Act, Bill, or Resolution shall be by majority vote. Upon passage of an Act, Bill, or Resolution by either House, said Act, Bill, or Resolution shall then be submitted to the other House for consideration, which House may make any changes it deems appropriate. Any differences shall be settled jointly and pursuant to the rules of both Houses. The resulting Act, Bill, or Resolution shall be passed by majority vote of Both Houses, but no Act, Bill, or Resolution so passed shall assume the force of law without the approval and signature of the King.

Article 50

The King shall signify approval of any Act, Bill, or Resolution which has properly passed the Legislative Assembly by affixing His signature to the same prior to the final rising of the Legislative Assembly. Should the King object to any Act, Bill, or Resolution, He may return it to the Legislative Assembly without His signature and the Legislative Assembly shall enter the fact of the return in its minute journal. Any Act, Bill or Resolution so disapproved of by the King shall not thereafter be brought forward during the same session.

Article 5l

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To avoid improper influences which may result from intermixing in one and the same Act, Bill, or Resolution such things which have no proper relation to one another, every Act, Bill, or Resolution shall embrace but one purpose and that purpose shall be clearly expressed in its title.

Article 52

The Legislative Assembly shall vote the appropriations annually after due consideration of the revenues and expenditures of the two preceding years, which revenues and expenditures shall be submitted to the Assembly in a timely manner by the Minister of Finance.

Article 53

Except that Governors shall be appointed by the King and serve at His pleasure, the Legislative Assembly shall enact laws for the formation and administration of subordinate governmental entities to affect the day-to-day business of the islands of the Kingdom, and to appropriate and disburse such funds as are necessary for their efficient operation. The Legislative Assembly shall have the power to lay and collect taxes; borrow money on credit of the Kingdom of Hawai'i; regulate commerce, domestically and with foreign nations; establish rules for naturalization and bankruptcies; define and provide for the punishment of crimes; establish post offices; provide for the punishment of piracies and felonies on the high seas; and make all laws necessary to exercise the foregoing powers with the approval of the King. All lawmaking powers not specifically reserved to the Legislative Assembly are reserved to the King.

Article 54

The enacting style in making and passing all Acts, Bills, and Resolutions shall be: Be it enacted by the King and the Legislative Assembly, in the Legislature of the Kingdom so assembled.

Article 55

Any Representative of the Legislative Assembly shall be subject at any time to a recall vote at the King's pleasure or upon petition by the people. If by the King, He shall direct the appropriate Executive authority to hold, in a timely fashion, a vote on the matter. If by the people, they may submit the recall petition to the King. The successful petition shall contain the signatures of electors from the subject Representative's district equal to or more than one-half the number of votes the Representative received on election. Said petition shall be submitted to the King, who shall, pursuant to the provisions of this Article 55, institute timely proceedings for a recall vote. For the recall to succeed, a majority of those voting must favor recall. In such a case, the subject Representative shall vacate his office upon proper certification of the vote. Any seat so vacated shall be filled pursuant to Articles 47 and 48 herein. Failing a majority vote on the question of recall, the matter shall not again be raised during the remainder of the subject Representative’s term of office.

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Article 56

Every citizen of the Kingdom who has attained the age of eighteen years and who has been domiciled in the Kingdom for not less than one year on the day of election, but not serving a sentence upon conviction for any infamous crime, according to Kingdom law, shall be eligible to vote. All persons of indigenous Hawaiian lineage, who were born in the Kingdom of Hawai'i or who have resided continuously therein for a period of at least seven years, are citizens of the Kingdom; other persons may be naturalized pursuant to the laws thereof, or by Royal Decree.

Article 57

The Judicial Powers of the Kingdom are Supreme to the King.

Article 58

The Supreme Court shall consist of a Chief Justice and four Associate Justices, who shall hold their offices during good behavior but subject to removal upon impeachment, according to Kingdom law. The Supreme Court shall be responsible for the making and promulgation of rules necessary for the efficient administration of justice in the courts of the Kingdom with the King having Supreme Judicial Power. The Justices shall, at times and in amounts fixed by the Legislative Assembly, receive compensation for their services, which compensation shall not be diminished during the continuance of their terms of office.

Article 59

The day-to-day judicial functions of the Kingdom shall be divided amongst the Supreme Court and the several inferior courts in such manner as the Legislative Assembly may, from time to time, prescribe.

Article 60

The King shall have jurisdiction over all laws of sea land or courts and supreme rule of law lies with the King. The judicial power of the Kingdom shall extend in all cases in law and equity arising under the Constitution and the laws of the Kingdom; to Treaties that are made under their authority; to all cases affecting public ministers and consuls; and to all cases of admiralty and maritime jurisdiction. Disputes which do not lie within the competency of the judiciary may be settled by Royal Decree.

Article 61

The Chief Justice shall be the Chancellor of the Kingdom; he or she shall be ex officio president of the Nobles in cases of impeachment, except when he or she himself or herself is impeached; and shall exercise such jurisdiction in equity in other cases as the law may confer upon him or her, his or her decisions being subject, however, to revision by the Supreme Court on appeal. Should the Chief Justice

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Article 62

The decisions of the Supreme Court, when made by a majority of the Justices thereof, shall be final and conclusive upon all parties; except that in demonstrable miscarriages of justice an aggrieved party may petition the King for redress; and the King, at His discretion, may consider the petition and grant or deny relief as He deems appropriate. In all such cases, the King’s determination shall be binding upon the courts and all interested parties. Article 63

The King, His Cabinet, and the Legislative Assembly shall have authority to require the opinions of the Justices of the Supreme Court upon important questions of law and upon solemn occasions.

Article 64

The King appoints the Justices of the Supreme Court and all other judges of courts of record, and they serve at His pleasure. Every judge of the Kingdom shall take the following oath prior to assuming office: I most solemnly swear, in the presence of almighty God, that I shall faithfully support the King and the Constitution of the Kingdom of Hawai'i, and conscientiously and impartially discharge my duties as a judge thereof.

Article 65

No judge or magistrate shall sit on an appeal or trial in any case in which he or she may have given a previous judgment.

Article 66

No person shall ever hold any office of honor, trust, or profit under the government of the Kingdom who shall, in due course of law, have been convicted of theft, bribery, perjury, forgery, embezzlement, or other infamous crimes and misdemeanors, unless he shall have been pardoned by the King and restored his civil rights, and by the express terms of his pardon be declared to be appoint-able to offices of trust, honor, and profit.

Article 67

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No officer of this government shall hold any office or receive any compensation from any other government or power whatever.

Article 68

The National Ensign shall not be changed except by Act of the Legislative Assembly and approved by the King.

Article 69

Almighty God has endowed all men and women with certain inalienable rights, among which are life, liberty, the right of acquiring, possessing, and protecting property, and of pursuing and securing safety and happiness.

Article 70

All men and women are free to worship God according to the dictates of their own consciences; but this sacred right shall not be construed as to justify acts of licentiousness or practices inconsistent with the peace and safety of the Kingdom.

Article 71

All men and women have the right to speak and write freely, and to publish their sentiments on all subjects, with attendant responsibility for any abuse of that right. No law shall be enacted which restrains their freedom of speech or that of the press, except such laws which may be reasonably necessary for the protection of His Majesty the King and the Royal Family.

Article 72

All men and women have the right to assemble in an orderly and peaceable manner, without arms, to consult upon the common good and to petition the King or Legislative Assembly for redress of grievances.

Article 73

The privilege of the Writ of Habeas Corpus belongs to all men and women and shall not be suspended, unless by the King, who may, in cases of rebellion or other great threats to the safety of the Kingdom temporarily suspend the Writ.

Article 74

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No person shall be subject to discipline for any offense except upon due process of law and legal conviction thereof in a court having jurisdiction in the matter.

Article 75

No person shall be held to answer for any crime or offense, except in cases of impeachment or in summary proceeding for contempt, unless upon indictment fully and plainly describing such crime or offense; and he/she shall have the right to counsel, to meet and confront witnesses who are produced against him/her face-to-face, to present witnesses and proofs in his/her own favor, to have a speedy and public trial by Jury, according to Kingdom law, and to be fully heard in his/her defense. In all cases in which the right of trial by Jury has been heretofore used, it shall be held inviolable forever.

Article 76

No person shall be required to answer again for an offense of which he/she has been duly convicted, or of which he/she has been duly acquitted upon a good and sufficient indictment.

Article 77

No person shall be compelled in any criminal case to be a witness against himself/herself; nor shall he/she be deprived of life, liberty, or of property without due process of law.

Article 78

No person shall sit as a judge or juror in any case in which he/she or his/her relative is interested, or in which said judge or juror may have, either directly or indirectly, any pecuniary or other tangible interest.

Article 79

Involuntary servitude, except as punishment for crime, is forever prohibited in this Kingdom; and whenever a slave shall enter Hawaiian territory he/she shall be free.

Article 80

Every person has the right to be secure from all unreasonable searches and seizures of his/her person, his/her house, his/her papers and his/her effects. No warrants shall be issued for such but on probable cause supported by oath or affirmation describing the place to be searched and the person and things to be seized.

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Article 81

Every member of society has the right to the enjoyment of life, liberty, the possession of property, and the pursuit of safety and happiness under this Constitution. Therefore, he/she shall be required to contribute his/her proportional share to the costs attendant upon the protection of those rights, as prescribed by law, and to give his/her personal services, or equivalent thereof, when necessary. However, no part of the property of any person shall be taken from him/her, or applied to public use, without his/her consent, except that which may be necessary for the operation of military forces in time of war, insurrection or other great public need. Whenever the public exigencies require that the property of an individual be appropriated for public use, he/she shall receive a reasonable compensation therefor.

Article 82

No subsidy, duty, or tax of any description shall be established or levied without the consent of the Legislative Assembly. Neither shall any monies be drawn from the public treasury without such consent, except when between Sessions of the Legislative Assembly the emergencies of war, invasion, pestilence, or other great public need shall arise, and then not without the approval of the King. In all such instances, the Minister of Finance shall tender a detailed account of the expenditures to the Legislative Assembly at its next Session.

Article 83

No retrospective laws shall ever be enacted.

Article 84

The military shall always be subject to the laws of the land, and no soldier shall in time of peace be quartered in any house without the consent of the owner; or in time of war but in a manner prescribed by the Legislative Assembly.

Article 85

Every elector shall be privileged from arrest on election days during his/her attendance at election, and in going to and returning therefrom, except in cases of treason, felony, or breach of the peace.

Article 86

No elector shall be so obliged to perform military duty on the day of election as to prevent his/her voting, except in time of war or of great public danger.

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Article 87

All laws now in force in the Kingdom shall continue to remain in full effect until and unless altered or repealed by the Legislative Assembly, such parts only excepted as are repugnant to this Constitution. All laws heretofore enacted, or that may hereafter be enacted, which are contrary to this Constitution are null and void. However, the King has absolute power and no laws can be changed or amended unless approved by the King. The King’s power is absolute and His words are law.

Article 88

This Constitution shall be enacted by Royal Decree and upon two-thirds vote of the present Legislative Assembly, but there shall be no failure of justice or inconvenience to the Kingdom from any change of officers of this Kingdom; and at the time this Constitution shall take effect the officers of government then in office shall have, hold, and exercise all powers them granted until other persons may be appointed, as appropriate and necessary, in their place.

Article 89

Any amendment or amendments to this Constitution may be proposed in the Legislative Assembly, or proposed by the King and delivered to the Legislative Assembly. If the same is agreed to by a majority of the members thereof, such proposed amendment or amendments shall be entered in its minute journal, with the yeas and nays taken thereon, and referred to the next Legislative Assembly for consideration. The proposed amendment or amendments shall be published for three months prior to the next election of Representatives. If in that next Legislative Assembly such proposed amendment or amendments shall be agreed to by two-thirds of all its members, and approved by the King, then such amendment or amendments shall become part of the Constitution of this Kingdom.

CHANGES IN THIS CONSTITUTION

This constitution shall not be considered as finally established, until the people have generally heard it and have appointed persons according to the provisions herein made, and they have given their assent, then this constitution shall be considered as permanently established.

But hereafter, if it should be thought desirable to change it, notice shall be previously given, that all the people may understand the nature of the proposed change, and the succeeding year, at the meeting of the Nobles and the representative body, if they shall agree as to the addition proposed or as to the alteration, then they may make it.

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The above constitution has been agreed to by The Honorable Samuel Kaluna Chairperson for the House of Nobles and hereunto subscribed his name, this eighth day of October, in the year of our Lord 2004, at Pahala Ka’u – Hawai’i Island.

Prime Minister Samuel Kaluna – Kingdom of Hawai’i

Ua mau ke ea o ka `aina i ka pono

Edmund K. Silva, Jr. cc: Ali’i Mana’o Nui Lanny Sinkin Na Kupuna Council O Hawai’i Nei

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Kanaka Eleu Imua

Na ke Kauoha o ke Akua Manamana Loa

Manifest Destiny

Na ke Kauoha o ke Akua Manamana Loa.

This revised version signed May 14, 2013

(Original Copy Signed) ______Samuel Keolamauloa Kaluna, Jr. Prime Minister-Kingdom of Hawai'i

Looking'back'in'time,'we'can'see'the'unfolding'of'a'plan'for'absorbing'the'Hawaiian' Islands'into'the'United'States'Empire.''This'document'is'a'fictional'creation'of'what' that'plan'might'have'looked'like,'had'there'been'one.' ' Note:''To'explore'more'about'the'traditional'faith'mentioned'in'this'document,'go' to:''http://kingdomofhawaii.info/wpDcontent/uploads/2015/04/TempleDofDLonoD andDHaleDODPapa.pdf'' ' The'Imperial'Guide'to'the'Conquest'of'Hawai’i:' A'Fictional'Perspective'on'Hawaiian'History' ' The'given'foundation'for'this'plan'is'the'strategic'importance'of'Hawai’i'based'on'its' location'and'resources.''Controlling'this'strategic'high'ground'and'ensuring'access' to'the'natural'resources'of'the'islands'is'the'goal'of'the'plan.' ' What'we'have'encountered'in'Hawai’i'is'a'very'sophisticated'civilization'founded'on' a'strong'faith'rooted'deeply'in'the'people’s'understanding'of'natural'processes.''' Over'thousands'of'years,'on'that'foundation'of'faith,'the'Hawaiians'have'developed' a'complex'social'system'suitable'for'an'island'civilization'and'a'highly'effective' economic'system'that'sustainably'supports'hundreds'of'thousands'of'people.' ' At'the'same'time,'the'civilization'provides'such'a'comprehensive'guide'to'daily'life' that'the'indigenous'people'are'in'many'ways'innocents.'''They'know'what'needs'to' be'done'each'day'and'survive'totally'on'what'they'produce'based'on'their'exquisite' knowledge'of'their'local'environment.''That'integration'produces'a'simplicity'that' we'can'challenge'by'introducing'new'ways'of'thinking'and'new'products.''That' challenge'will,'in'turn,'destabilize'the'existing'civilization.' ' To'dismantle'the'existing'civilization'and'absorb'Hawai’i'into'the'Empire'will' require'a'multiDpronged'approach.'! ' Introduce*diseases'='The'indigenous'population'does'not'have'immunity'to' diseases'that'the'imperial'agents'bring'with'them.''Every'imperial'traveller'–D' sailors,'merchants,'clergy,'laborers,'etc.'–'can'all'provide'a'vector'for'introducing' deadly'diseases'into'the'indigenous'population.''The'debilitating'effect'of'these' diseases'will'weaken'the'entire'social'and'economic'structure.''We'can'allow'this' process'to'proceed'naturally'from'interactions'between'the'indigenous'populations' and'our'agents'or'we'can'accelerate'the'process'with'the'deliberate'introduction'of' the'necessary'pathogens,'as'we'did'in'sending'blankets'infected'with'small'pox'to' the'Native'Americans.'' ' The'impact'of'the'diseases'will'also'weaken'the'influence'of'the'traditional'faith'that' will'appear'to'be'unable'to'prevent'the'spread'of'the'diseases'and'their'deadly' consequences.''As'further'insurance'against'the'natives'developing'defenses,'our' agents'should'work'to'discredit'the'local'healers'as'practicing'Devil'worship.' ' Destroy*the*faith'='Indigenous'populations'almost'always'have'a'faith'that' underlies'their'civilization.''In'the'case'of'Hawai’i,'that'faith'is'expressed'in'the' worship'of'food'and'the'four'Gods,'representing'the'ocean,'Sun,'Earth,'and'fresh' water.'' ' Missionaries'will'be'the'agents'for'introducing'the'alternative'faith'and'destroying' the'traditional'faith.''' ' The'form'of'Christianity'that'will'be'introduced'will'stress'the'miracle'aspects'of' Jesus,'i.e.'walking'on'water,'producing'the'loaves'and'fishes,'etc.'because'the' Kahunas'of'the'traditional'Hawaiian'faith'have'those'same'powers.''The'goal'will'be' to'convince'the'Hawaiians'that'Jesus'was'the'greatest'Kahuna'of'all'time.''Jesus’' teachings'of'peace'and'brotherly'love'will'resonate'well'with'the'concept'of'Aloha.' ' The'story'will'also'stress'the'crucifixion'as'the'central'event'focus'because'the' Hawaiians'understand'the'sacrifice'made'by'their'high'chiefs.''' ' In'the'Hawaiian'social'system,'the'high'chief'is'the'one'who'can'order'the'taking'of' life.''The'Hawaiians'consider'that'function'necessary'to'preserve'the'civilization' from'those'who'fail'to'respect'the'laws'governing'survival.''' ' At'the'same'time,'the'Hawaiians'believe'that'those'who'take'a'life'will'pay'a'high' price'in'the'life'coming'after'death.''So'in'appreciation'for'the'high'chief’s' willingness'to'pay'that'price,'the'people'contribute'part'of'the'products'of'their' labor'to'the'high'chief,'who'in'turn'shares'that'contribution'with'those'assisting'the' chief'in'managing'the'society.' ' In'this'cosmology,'the'story'of'a'high'chief'who'gives'his'life'to'save'his'community' from'having'to'pay'for'their'sins'after'death'would'be'totally'understandable.' ' The'missionaries'will'also'introduce'the'concept'of'the'Devil.''While'the'Hawaiians' have'highly'developed'moral'codes'that'include'guidance'on'what'is'right'and' wrong,'they'do'not'have'the'concept'of'one'evil'force.''The'introduction'of'the'Devil' will'allow'the'missionaries'to'impose'that'construct'on'the'practitioners'of'the' traditional'faith'and'turn'the'newly'converted'Christians'against'their'own' traditional'faith'and'its'practitioners.''' ' A'key'aspect'of'the'religious'conquest'will'be'getting'the'Hawaiian'converts'to'do' the'actual'destruction'of'the'traditional'faith.''Wherever'possible,'the'transition'into' the'imperial'system'should'be'something'that'the'indigenous'people'have'embraced' and'serve'willingly.''The'use'of'external'coercion'is'less'effective'in'the'long'run'and' is'still'a'viable'tool'if'needed.' ' The'goal'is'to'destroy'the'influence'of'the'traditional'faith'and,'in'doing'so,'to' remove'the'foundation'of'the'Hawaiian'civilization.''That'destruction'will'pave'the' way'for'destroying'the'economic,'social,'cultural,'and'other'aspects'of'the' indigenous'civilization.' ' Destroy*the*Economic*System'='The'Hawaiian'economic'system'is'based'on'the' principle'of'stewardship'of'the'land'and'sharing.''The'land'does'not'belong'to' anyone;'the'people'belonged'to'the'land.''Everyone'contributes'their'particular'skill' and'fulfills'their'particular'function'within'the'community.' ' To'destroy'this'economic'system'will'require'the'introduction'of'the'private' property'concept,'which'is'the'foundation'of'capitalism,'and'introduce'the'concept' of'constant'growth,'which'is'the'driving'ideology'of'capitalism.''As'these'concepts' are'introduced,'the'Hawaiians'will'be'at'a'disadvantage'because'they'cannot'argue' effectively'against'something'that'has'no'meaning'for'them.' ' As'part'of'the'transition,'we'must'convince'the'indigenous'people'that'our'products' are'superior'to'those'they'produce.''Our'tall'ships'will'overshadow'even'their' largest'war'canoes.''We'know'that'we'start'with'the'advantage'of'having'products' they'do'not,'such'as'metal.''With'a'civilization'built'on'constant'observation'and' learning,'we'can'be'assured'that'they'will'find'such'products'fascinating'and'easily' incorporate'such'products'into'their'daily'lives.''Laying'silk'next'to'tapa'will'lure'the' Hawaiians'towards'abandoning'their'traditional'products'in'favor'of'our'imported' products.''Teaching'them'that'nudity'is'evil'will'allow'the'introduction'of'our' clothing'products.' ' Overall'our'economic'goal'is'to'devalue'indigenous'skills'and'products'in'order'to' replace'them'with'products'that'will'make'the'indigenous'dependent'on'us'to' provide'what'they'want.''As'we'make'the'indigenous'less'and'less'self'sufficient,' they'will'increasingly'rely'upon'us'in'matters'beyond'the'economy.' ' Destroy*the*Political*System'='The'indigenous'have'a'stratified'political'system' based'on'the'Tahitian'model.''There'are'the'Kahunas,'who'provide'guidance'to'all' aspects'of'community'life.''There'are'the'Ali’i'who'rule'the'society'and'are'revered' because'they'have'high'spiritual'energy'(mana).''There'are'the'warriors'(Na'Koa)' who'serve'the'high'chiefs.''And'there'are'the'Maka’ainana,'who'till'the'land,'raise'the' fish,'and'otherwise'provide'the'food'that'sustains'the'civilization.' ' A'key'component'of'the'political'system'are'the'family'relationships.''A'key'selection' criteria'for'high'positions'in'the'community'is'genealogy.''Removing'both'of'these' influences'will'be'part'of'the'political'transition.' ' In'Hawai’i,'we'do'have'the'challenge'that'there'are'multiple'islands'with' independent'governing'structures.''When'we'ultimately'move'to'absorb'the'islands' into'the'Empire,'we'do'not'want'that'process'to'require'fighting'from'island'to' island.''Part'of'the'overall'plan'for'Hawai’i,'therefore,'is'to'identify'a'major'high'chief' to'whom'we'can'provide'our'superior'weapons'and'encourage'that'chief'to'unite'all' the'islands'under'his'rule.' ' That'the'high'chief'can'pay'for'these'weapons'with'products'from'the'islands,'such' as'the'highly'valuable'sandalwood,'makes'this'part'of'the'plan'both'feasible'and' profitable.'' ' Once'we'have'a'unified'government,'we'can'then'begin'the'process'of'annexation,' which'will'ultimately'extinguish'the'existing'political'system'altogether.' ' We'will'start'with'the'introduction'of'democracy'and'constitutional'government.'' Once'we'supplant'the'traditional'system'for'selecting'leadership'with'an'elective' system,'we'can'control'who'qualifies'to'vote'and'assure'ourselves'a'major'place' within'the'government.' ' Much'as'the'converted'Christians'will'be'used'to'destroy'the'traditional'faith,'the' elected'government'will'be'used'to'destroy'the'monarchy.''As'we'gain'influence' within'the'Legislature'and'Executive'Branch,'we'will'force'constitutional'changes' that'will'increasingly'limit'the'authority'of'the'monarch.''Any'break'in'the'line'of' descent'for'a'monarch'will'be'an'opportunity'to'replace'the'traditional'process'of' hereditary'monarchs'with'a'new'process'of'elected'monarchs.' ' All'of'these'types'of'changes'will'undermine,'and'eventually'erase,'the'people’s' commitment'to'the'traditional'political'structure'and'disempower'those'who'might' oppose'our'plans.' ' Destroy*the*Social*Structure'='As'we'gain'power'and'can'pass'legislation,'we'will' use'the'legislative'process'to'further'our'other'goals.''We'will'pass'laws'that'ban'the' traditional'faith'practices,'such'as'ancestor'worship.''We'will'pass'laws'that'ban'the' social'customs'that'hold'the'community'together,'such'as'the'practice'of'families' with'multiple'children'giving'one'of'their'children'to'a'childless'couple'(hanai).''We' will'ban'the'practice'of'multiple'marriages'that'currently'solidify'the'ruling'class'by' joining'genealogies.''' ' We'will'ban'the'speaking'of'Hawaiian'in'the'schools'to'begin'the'process'of'deD culturalization'of'the'next'generation.''As'a'civilization'that'passes'much'of'its' wisdom'and'culture'by'oral'chants,'bringing'up'a'generation'that'does'not'speak'the' language'will'break'their'ties'to'the'past.''We'will'indoctrinate'the'children'to' becoming'Americans.' ' Our'local'agents'will'be'encouraged'to'intermarry'with'the'Hawaiian'ruling'class.'' Such'marriages'will'provide'us'intelligence'on'the'plans'and'discussions'of'the' Hawaiian'rulers'and'an'ability'to'influence'their'thinking'and'actions.''One'goal' would'be'to'have'our'agents'assume'official'positions'within'the'Hawaiian' government.' ' Even'if'all'our'plans'are'successful,'we'may'still'face'resistance'to'incorporating'the' islands'into'the'Empire.'''The'day'may'come'when'force'will'be'necessary'to'finally' destroy'their'independence.''Imperial'representatives'will'remain'in'contact'with' those'within'the'islands'who'might'be'called'upon'to'take'that'step'and'be'prepared' to'provide'military'support,'should'that'day'come.' ' To'the'greatest'extent'possible,'the'overthrow'of'the'local'government'must'be' implemented'without'a'full'scale'United'States'invasion'in'order'to'give'some' appearance'of'legitimacy'to'those'who'seize'the'government.''Once'the'overthrow'is' solidified,'the'Empire'will'rely'upon'the'local'agents'to'pursue'the'process'of' annexation'in'concert'with'our'representatives'in'the'United'States.' ' While'fictional,'all'the'elements'included'in'this'plan'appear'to'have'been' implemented.' ' Lanny'Sinkin' Ali’i'Mana’o'Nui' '' April&25,&2015& & To:&&HRH& From:&&AMN& & Is&the&behavior&of&private&and&public&officials&conspiring&to&extinguish&the&Kingdom& of&Hawai’i&and&seize&all&its&assets&and&resources&subject&to&civil&suit&and/or&criminal& prosecution&under&the&Racketeer&Influenced&and&Corrupt&Organizations&Act&(RICO)?& & Federal&Manual& http://www.justice.gov/sites/default/files/usam/legacy/2014/10/17/civrico.pdf& & Possible&predicate&acts:&&robbery,&theft,&fraud,&obstruction&of&justice,&securities&fraud,& terrorism,&extortion.& & Statute&of&Limitations&does¬&apply&because&conspiracy&begun&in&late&1800s& continues&to&this&day&with&predicate&acts&being&committed&on&a&daily&basis,&e.g.& refusal&of&the&United&States&to&begin&deYoccupation&of&the&Kingdom&perpetuates&the& overthrow,&taxation&transferring&wealth&of&the&Kingdom&to&United&States&Federal& Government&and&its&subordinate&governments&continues,&etc.& & Missionary&Party&could¬&have&succeeded&in&seizing&Queen&and&forming& Provisional&Government&without&cooperation&of&U.S.&Minister&and&U.S.&Marines&and& cannon.&&With&the&Queen’s&only&option&to&stepping&aside&being&to&respond&in&kind& and&create&conditions&of&war,&she&was&coerced&into&stepping&aside&for&what&should& have&been&an&interim&period&until&she&was&returned&to&her&throne.&&Instead,&the& usurpation&continued&with&the&support&of&U.S.&personnel&and&continues&to&this&day.& & The&traitors&seizing&government&property,&e.g.&buildings,&through&use&of&force& (Marines).&&Robbery&=&RICO&predicate&act& & The&Queen&being&forced&to&step&aside&constituted&extortion&=&RICO&predicate&act.& & Neutrality&Act&violations&by&private&U.S.&citizens&and&U.S.&government&personnel&(U.S.& Minister,&Captain&of&the&ship,&and&U.S.&Marines&committing&acts&of&war&against& country&at&peace&with&U.S.& & Ultra&Vires&–&Because&the&Minister&had&no&authorization,&he&acted&ultra&vires&and&his& crimes&would¬&be&subject&to&governmental&immunity.&&United&States&Marines&as& well.&&Violations&of&the&Neutrality&Act&included&supporting&the&conspirators&prior&to& the&overthrow,&committing&Marines&and&cannon&to&the&overthrow,&and&immediately& recognizing&the&cabal&that&seized&the&Queen.&& & All&actions&taken&to&support,&foment,&or&carry&out&the&overthrow&by&United&States& citizens&violated&the&Neutrality&Act.& & In&the&case&of&the&United&States&Minister,&who&landed&the&Marines&with&their&cannon,& he¬&only&violated&the&Neutrality&Act,&he&also&acted&beyond&any&authority&given&to& his&office&by&the&President,&the&Congress,&or&the&Constitution,&i.e.&his&acts&were&ultra& vires.& & All&subsequent&actions&by&U.&S.&citizens&that&based&their&claim&to&legitimacy&on&the& initial&criminal&activity&are&actually&acts&in&furtherance&of&the&conspiracy.&&Any&acts&or& omissions&by&U.S.&officials&that&base&their&claim&to&legitimacy&on&the&initial&criminal& activity&are&also&ultra&vires& & Under&this&argument,&the&conspiracy&extends&to&those&office&holders&in&the&United& States&today&who&could&terminate&the&conspiracy&and&provide&a&remedy&for&the& injuries&inflicted&by&the&conspiracy&and&yet&refuse&to&do&so.& & The&failure&of&the&United&States&to&prosecute&those&who&violated&the&Neutrality&Act.&& Obstruction&of&Justice&=&RICO&predicate&act.& & The&Provisional&Government&seized&the&lands&of&the&Crown&and&the&Government.&& Theft&=&RICO&predicate&act.& & The&Provisional&Government&presented&itself&to&the&international&community&as&the& legitimate&government&of&the&Kingdom&in&order&to&secure&recognition.&&Fraud&=&RICO& predicate&act.& & Assumption&of&responsibility&–&With&U.S.&agents&having&placed&the&criminal& conspiracy&into&power,&the&U.S.&had&an&obligation&to&restore&the&Queen&to&her&throne.&& When&the&United&States&did¬hing&to&remove&the&illegal&Provisional&Government& and&restore&the&Queen,&the&United&States&became&responsible&for&the&actions&of&their& surrogates.&&RICO&is&designed&to&make&superiors&responsible&for&the&actions&of&those& they&supervise.& & Subsequent&crimes&included& & YY&&The&Senate&of&the&Republic&of&Hawaii&ratified&a&treaty&to&annex&the& Kingdom&to&the&United&States.&&&Again&pretending&to&be&the&legitimate&government&of& Hawai’i.&&Fraud&=&RICO&predicate&act.& & YY&&The&Senate&of&the&Republic&of&Hawai’i&submitted&the&treaty&to&the&United& States&as&if&the&government&of&the&Republic&was&legitimate.&&Fraud&=&RICO&predicate& act.& & YY&&The&United&States,&unable&to&secure&ratification&of&the&treaty&by&the&United& States&Senate,&pretended&to&annex&Hawaii&to&the&United&States&in&1898&with&a&joint& resolution&having&no&legal&effect&outside&the&boundaries&of&the&United&States&and& impotent&to&change&the&legal&status&of&another&nation.&&The&claim&of&annexation&by& resolution&is&legally&false.&&Fraud&=&RICO&predicate&act.& & YY&The&creation&of&the&Territory&of&Hawai’i&in&1900&as&the&successor&to&the& Republic&of&Hawai’i&continued&the&conspiracy&to&steal&the&assets&and&resources&of&the& Kingdom&and&falsely&portray&the&usurpers&as&a&legitimate&government.&&Theft&and& Fraud&=&RICO&predicate&acts& & YY&&In&1945,&the&United&States&placed&Hawai’i&on&the&United&Nations&list&of&nonY self&governing&territories.&&& & Then&in&1959,&a&plebiscite&was&held&on&the&question&of&Hawai’i&becoming&a& State&within&the&United&States.&&The&question&on&the&ballot&was:&&"Shall&Hawaii& immediately&be&admitted&into&the&Union&as&a&state?"&&If&this&proposition&failed,& Hawaii&would&remain&a&territory&of&the&United&States.&There&was&no&option&provided& to&vote&for&independence.&&To&be&legitimate&under&international&law,&the&plebiscite& had&to&include&the&independence&option.& \& Any&United&States&citizen&was&allowed&to&vote&in&the&plebiscite.&&That& qualification&included&military&personnel&temporarily&stationed&in&Hawai’i.&&The&U.S.& citizenship&requirement&excluded&Hawaiians&who&retained&their&Kingdom& citizenship&and&refused&to&become&United&States&citizens.&&The&voters&also&did¬& include&those&who&chose¬&to&vote&because&the&independence&option&was¬& offered.& & Based&on&the&illegal&plebiscite,&the&United&States&requested&the&United& Nations&take&Hawai’i&off&the&list&of&nonYself&governing&territories.&&&In&doing&so,&the& United&States&misled&the&United&Nations&into&acquiescing&in&the&request.&&Fraud&=& RICO&predicate&act.& & Subsequently,&in&1993,&the&United&States&Congress&passed&and&President& Clinton&signed&the&Apology&Resolution,&which&admitted&the&Hawaiian&people&never& relinquished&their&sovereignty&by&plebiscite,&confirming&the&fraud&committed&on&the& United&Nations.& & Recent&RICO&predicate&acts:& & Issuance&of&bonds&by&the&State&of&Hawai’i&and&County&governments&in&Hawai’i& pretending&to&be&a&legitimate&government.&&Securities&Fraud&=&RICO&predicate&act.& & Taxation&transferring&the&wealth&and&resources&provided&by&the&Kingdom&to&the& United&States&Federal&Government&and&the&subordinate&governments,&such&as&the& State&of&Hawai’i&and&the&County&governments&in&Hawai’i.&&Theft&=&RICO&predicate&act.& & All&the&court&cases&where&assertions&of&Hawaiian&nationality&were&disallowed&and& prosecution&went&forward.&Extortion&(coercion)&=&RICO&predicate&act.&& & The&ongoing&denial&of&Hawaiian&independence&makes&the&conspiracy&a&continuing& conspiracy&committing&theft,&fraud,&and&other&RICO&predicate&acts&on&a&daily&basis.& & Because&the&ongoing&occupation&is&based&on&criminal&acts,&the&ongoing&occupation&is& ultra&vires&and&all&those&taking&action&or&refusing&to&take&action&to&remedy&the& situation&are&coYconspirators.& & RICO&liability&falls&on&all&those&responsible&for&the&continuing&occupation,&starting&at& the&presidential&level&in&the&United&States,&particularly&the&President&acting&ultra& vires&in&his&capacity&as&Commander&in&Chief.&&Similar&liability&would&accrue&to&the& military&secretaries&and&the&Pacific&Commander.& & The&President&also&has&the&authority&to&end&the&occupation&by&recognizing&the& Kingdom&still&exists,&initiating&a&deYoccupation&process,&and&restoring&diplomatic& relations.&&As&the&one&person&who&more&than&any&other&could&stop&the&conspiracy& and&remedy&the&harm,&the&President&bears&the&greatest&responsibility&for&the& continuation&of&the&conspiracy.&

His Majesty Edmund K. Silva, Jr. Nou Ke Akua Ke Aupuni O Hawai’i

April 2, 2015

Mayor Billy Kenoi Hawai'i County Building 25 Aupuni St. Hilo, Hawai'i 96720 [email protected] c.c. Chief of Police Harry S. Kubojiri 349 Kapi‘olani Street Hilo Hawai’i 96720 [email protected]

Interim Chairperson Carty Chang, P.E. Department of Land and Resources DLNR Main Office Kalanimoku Building 1151 Punchbowl St. Honolulu, Hawai`i 96813 [email protected]

Subject: Cease and Desist

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” (An autonomous independent sovereign nation-state contemplated under Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other states.)

Aloha mai e Mayor Kenoi,

As you and most of the Hawaiian community know, Mauna Kea is considered sacred land. Traditionally, very few Hawaiians ever entered what was considered the realm of the Gods. You also know that for many years, those who want to build telescopes within these lands have proceeded to do so over the objections of those who seek to protect the sacred site. The latest intrusion is an 18 story monstrosity known as the Thirty Meter Telescope.

Finally, you know that the Kingdom of Hawai’i is restored through me as King and supported by thousands, who are quite familiar with the historical and legal facts relevant to the current status of the Kingdom as suffering under a belligerent occupation.

As the Kingdom returns to its rightful place among the community of nations, the restored government will review all existing agreements made by the occupying force in violation of the sovereignty of the Kingdom. The contracts to sell, lease, or otherwise attempt to transfer ownership of sacred lands will be among the first examined. The presumption will be that the contracts were made illegally because they are based on the illegal overthrow of the Kingdom government and/or the suppression of the traditional faith.

The telescopes, in particular will be among the earliest matters to be addressed. Those making major investments in these projects should be aware that the Kingdom may find that the contracts under which they have operated are null and void.

In this interim period, while the Kingdom government is being put into place, people are working to protect our lands from further usurpation and abuse. Recently, some of those making a stand to stop the construction of the Thirty Meter Telescope were arrested. There is no crime in taking non-violent action to protect a sacred site.

I am ordering the County of Hawai’i and all other entities complicit in the construction of the Thirty Meter Telescope and the arrest of those acting to prevent that construction to Cease and Desist. All work on the telescope should be suspended. All those arrested should be freed and charges dropped.

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

I am prepared to open discussions with the proponents of this project in order for them to understand the basis for the reexamination that will take place as the Kingdom government is reanimated. That explanation will be the only matter to be discussed, with the expectation that any further pursuit of this project will await a final decision from the Kingdom.

I look forward to working with you as we transition the occupying government off the islands and celebrate the restoration of the Kingdom through the building of a sustainable, self-reliant, non-aligned nation offering peace making services to the world.

Me ke aloha pumehana,

Edmund K. Silva, Jr. Ali’i Nui Mo’i cc: Na Kupuna Council O Hawai’i Nei Ali’i Mana’o Nui Lanny Sinkin Na Kupuna Council O Hawai’i Nei ame Moku

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

His Majesty Edmund K. Silva, Jr. Nou Ke Akua Ke Aupuni O Hawai’i

April 4, 2015

President David Lassner Office of the President University of Hawai`i 2444 Dole Street Bachman 202 Honolulu, HI 96822

Subject: Sacred Obligation/ Cease and Desist Order

Aloha mai e President David Lassner,

Yesterday, I sent a Cease and Desist Order to the Mayor of Hawai`i County, the Hawai`i County Chief of Police, and the Interim Chair of the Bureau of Land and Natural Resources. Those officials engaged in arresting Kanaka Maoli and none Hawaiians, who were non-violently acting to protect Mauna Kea from the trespass by yet another telescope project. I ordered them to stop arresting them because they have the right, even the sacred right, to be there. There is no one on this earth that has more rights to be on Mauna Kea then the Kanaka Maoli. A copy of that Order accompanies this letter.

I understand that further arrests will not be taking place for at least some limited period of time, so I will not dwell on that subject. I will, however, make one observation relevant to the larger issues at stake.

The police conducting the arrests did so on the basis that the road belongs to the County. Those protecting the mountain would be allowed to stand on the side of the road to engage in ineffective action and not allowed to actually prevent the actual trespass taking place by the construction crews for the Thirty Meter Telescope.

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The road is the original trespass. To trespass on to someone else’s land by building a road across it does not confer title on the road builder. Mauna Kea belongs to the Kingdom, not the occupying power. That those engaged in belligerent occupation chose to build a road on the surface of the mountain is irrelevant to the question of true ownership of the mountain.

As you will see, my Order also extended to the continued construction of the Thirty Meter Telescope. As the University of Hawai`i is primarily responsible for what is happening on the sacred mountain, I now turn my attention to you.

A true university is about more than knowledge, more than learning how to think, more than wisdom even. A true university brings all those together to teach how to gather knowledge, analyze the meaning of the knowledge, perceive how that knowledge might be applied to current inquiry, and then decide whether wisdom is found in applying that knowledge or not. It is in that last step where the question arises: Is this action pono?

As you know, pono has many meanings. Here I am using the term to describe action that is aligned with the highest good of all and respectful of all.

When I examine the actions of the University in relation to Mauna Kea, I do not find them to meet the highest standards nor respecting ancient and present day protocol to honor the sacredness of Mauna Kea and our relationship to Akua, father of us all.

Mauna Kea is the highest mountain on Earth as measured from the ocean floor where it began. Emerging from the deepest darkness of the ocean, the sacred mountain top rises above the clouds. There is a natural sacredness that traditional Hawaiians respected to the point of leaving the mountain top free of almost all Human activity, a place dedicated to the Gods.

This mountain is so sacred that we expect in the future there will be visits from representatives from other religious and spiritual traditions to share in prayers for divine guidance and peace.

You know this history. Your website states:

“Cultural Significance

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The Mountain of Wakea

The original name of Maunakea is Mauna a Wakea, or ‘Mountain of Wakea.’ In Hawaiian tradition Wakea (sometimes translated in English as ‘Sky Father’) is the progenitor of many of the Hawaiian Islands, and of the Hawaiian people. This mountain is his piko, or the place of connection where earth and sky meet and where the Hawaiian people connect to their origins in the cosmos.

‘Realm of the gods’

As a sacred site, many of the physical features and environmental conditions of the mountain are associated with Hawaiian gods and goddesses. Lilinoe, Poliahu and Waiau are just a few of the deities associated with this place.

The summit of Maunakea was considered a wao akua, or "realm of the gods" and was therefore visited only rarely by humans. The arduous trek to the top was made occasionally by my ‘Ohana of the sacred Royal line—among the last of those being Kamehameha III and Queen Emma. This was also a burial site for some royalty in ancient times. Today certain families still connect to this mountain by leaving their babies' piko (umbilical stubs) at sites that are historically significant to their ohana (family).” http://www.imiloahawaii.org/60/cultural-significance

You acknowledge the summit as a sacred site and acknowledge the role that the mountain plays in the traditional Hawaiian faith. What you do not acknowledge is that the faith is still alive and practiced within the Hawaiian community.

You title your web section as “Culture Significance” when what you are really discussing is Spiritual Significance. You state that the summit “was considered” to be the “realm of the gods.” You reduce the faith foundation upon which the Hawaiian civilization emerged to a cultural and historical artifact. You want to pretend that Mauna Kea is no longer held sacred by anyone. In doing so, you simply continue the long effort to suppress that traditional faith of the Hawaiian people. In doing so, you also continue the schism created within the Hawaiian community by outsiders.

What is the relationship of the University to Mauna Kea? Is the mountain a sacred site or is that sacredness simply a part of history with no relevance to current decisions, practices, or actions?

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The people standing up to protect the sacredness are asking you that question. What is your answer?

We all see your efforts to coopt the traditional Hawaiian study of the stars to justify your selling of the mountain to the astronomers.

“‘Imiloa Astronomy Center

It explores the connections between Hawaiian culture and astronomy.

Imagine yourself on a Polynesian voyaging canoe, leaning into the wind and following currents that are carrying you to a strange new land. Search for Hokupa‘a, your guide star. Then look farther, past planets, galaxies and swirling nebula—and even deeper, back into the beginning of the universe. You will also be captivated with the Hawaiian story of Pele and Poliahu, the creation of the Hawaiian islands, and a fly-through of one of the observatories on the summit of Maunakea.” http://www.imiloahawaii.org/146/maunakea-between-earth-and-sky

Hawaiians study the stars in order to navigate the waters of Earth. Over thousands of years, we have perfected that science to be able to travel across vast open water areas and land precisely on the small island that awaits us. The training and execution of this science did not require the use of Mauna Kea or telescopes.

The beginning of our universe was clearly explained in the Kumulipo chant. The deep Hawaiian understanding of evolution came long before Darwin.

In the areas of navigation and origin, the telescopes contribute nothing towards improving our knowledge.

We also recognize tutu Pele and Poliahu as far more than stories. You speak of our faith with no real understanding or respect of that faith. When the attempt to build the new Thirty Meter Telescope is met with a powerful blizzard, mists, and other manifestations of the Earth’s life force, you fail to recognize the messages because you don’t speak the language.

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

While our sacred mountain may be an excellent vantage point for the astronomers to pursue their inquiry into the origins of the greater universe, that convenience does not mean building telescopes on our mountain is pono.

Mauna Kea is the focus of today’s discussion about sacred sites. There are such sites throughout the Archipelago that deserve recognition and respect. The Kingdom will restore those sites to their appropriate position and use.

In traditional times, the equivalent of today’s university would be the academies in the pu’uhonua. There students learned the skills necessary to survive and to maintain the ecological balance sufficient to support seven generations into the future. Those academies are the ancestors of the current university. Honoring them should be part of the daily curriculum for your institution.

When the Kingdom restoration process is complete, we will have a new expression of learning centers that will combine the research and development of the new with the wisdom and common sense of the traditional. Pono will be the guide star. I look forward to working with you to create an institution that will be emulated throughout the academic world.

In the meantime, you shall take your responsibilities with great care and seriousness and halt (cease and desist) any further pursuit of the Thirty Meter Telescope or any further development on Mauna Kea.

‘A‘ohe mālama, pau i ka ‘iole. If you do not take care of possessions, they will be stolen by rats.

Ho`oponopono,

Edmund K. Silva, Jr. Ali’i Nui Mo’i cc: Na Kupuna Council O Hawai’i Nei Ali’i Mana’o Nui Lanny Sinkin Na Kupuna Council O Hawai’i Nei ame Moku

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

Civil Beat: Community Voice http://www.civilbeat.com/2015/04/the6science6based6faith6of6the6hawaiian6 people/;

The Science-Based Faith of the Hawaiian People Describing traditional Hawaiian faith beliefs as 'superstition' involving 'irrational fears of pagan deities' is a misrepresentation of those religious ideas. April 13, 2015·By Lanny Sinkin ; There is a major controversy created by the initiation of construction of the Thirty Meter Telescope project on Mauna Kea, a mountain considered sacred by the Hawaiian people. Some comments on Civil Beat and other media websites about the nature of the controversy have revealed ignorance about the traditional faith of the Hawaiian people.

One commenter shared her perspective [http://www.civilbeat.com/2015/04/why-everyone- should-support-the-telescope-construction-blockade/] that the real issue was the legal obstacle to the telescope found in the conservation zoning status of the land. She noted that the law governing projects in conservation-zoned land prohibit projects with any significant environmental impact. That an 18-story building on 6 acres of land would have a significant impact seemed obvious to her. The violation of the law was equally obvious.

In making her case, however, she said that the issue was not “science versus superstition.” The use of the word “superstition” denigrated the traditional Hawaiian faith and demonstrated a lack of understanding about that faith. In that lapse of awareness and sensitivity, she perpetuated the division created within the Hawaiian community by the introduction of Christianity and the suppression of the traditional Hawaiian faith.

Another commenter supported his perspective [http://www.civilbeat.com/2015/04/science-not- superstition-brought-polynesians-to-hawaii/} with the following statement: “It was science, not the irrational fear of pagan deities and inanimate objects, which brought Polynesians to Hawaii.” This misrepresentation of the Hawaiian faith is stunning.

Yet another commenter shared his perspective [http://www.bigislandchronicle.com/2015/04/08/commentary-nonviolence-at-its-best-on-maunakea/] in the same “religion versus science” context. He wrote, “What science can tell us about our place in the universe is more honest, in at least the physical sense, than what any religion tells us, be it Christian, Hawaiian, Hindu, Muslim or Zoroastrian.”

First, he lumped all religions together as if they all share the same characteristics. The five religions he listed are quite diverse and divergent from each other in their character.

Relevant to the telescope discussion, the Hawaiian faith is science-based. The faith of the Hawaiian people is founded on the four Gods: the Sun, the Ocean, the Land and the Fresh Water. Those elements create and support life, including providing the food that keeps humans alive. Hawaiians worshipped food. That is why the true center of the Hawaiian faith is the Pu’uhonua, the protected area where growing food to feed the people was the primary kuleana or responsibility.

The Hawaiian religion was the practice of the individual implementing that faith into daily life. That practice was based on a highly sophisticated understanding of the natural world based on more than 1,000 years of observation. The traditional Hawaiians understood more about the physical world than the Europeans who reached the islands, because achieving that understanding was a spiritual practice and obligation. That understanding was very much grounded in knowing “our place in the universe.”

In the Hawaiian cosmology, the spirit world was just as real as the physical world precisely because the spirit world reflected the Hawaiian understanding of the physical. Pele’s moods reflect the observations of Pele’s behavior. Accepting that connection between the physical and the spiritual gave the Hawaiians information and insights that are foreclosed to those who believe that science excludes a belief in realms science cannot measure with experiments that can be replicated.

The same commenter wrote, “Religion, originally, performed some of the same functions that science does: it offered explanations about who we are and where we came from.”

The Kumulipo — the Hawaiian creation chant — is a textbook on evolution long before Darwin presented that concept. In the Hawaiian practice, all life forms that came before Humans are ancestors. That is simply the logic of evolution. To honor that history, the Hawaiians included ancestor worship in their spiritual practice. Hawaiians had no problem understanding who they were or where they came from.

For a more thorough examination of the place for the Hawaiian faith and religion in today’s discussion, I would encourage everyone to read the “Temple of Lono and Hale O Papa Statement” found at www.KingdomofHawaii.info in the section titled “Protecting the Sacred Mountain.” http://www.civilbeat.com/2015/04/the-science-based-faith-of-the-hawaiian-people/

About the Author

Lanny Sinkin

Lanny Sinkin serves as ali’i mana’o nui or chief advisor to Edmund Keli’i Silva, Jr., ali’i nui mo’i or high chief/king of the Kingdom of Hawai’i. He is a writer, lecturer and commentator on a wide range of issues.;