UNITED NATIONS SECURITY COUNCIL COMPLAINT AGAINST THE UNITED STATES OF AMERICA BY THE ACTING GOVERNMENT OF THE HAWAIIAN KINGDOM CONCERNING THE AMERICAN OCCUPATION OF THE HAWAIIAN KINGDOM Attachment no. 2 DOMINION OF THE HAWAIIAN KINGDOM Dominion of the Hawaiian Kingdom prepared for the United Nations' Security Council as an Attachment to the Complaint filed by the Hawaiian Kingdom against the United States of America, 05 July 2001. David Keanu Sai Agent for the Hawaiian Kingdom CONTENTS ITHE HAWAIIAN KINGDOM 1 Establishing a Constitutional form of Government 2 The Illegal Constitution of 1887 3 Hawaiian Domain 4 A Brief Overview of Hawaiian Land Tenure II HAWAIIAN KINGDOM STATEHOOD 1 Commercial Treaties and Conventions concluded between the Hawaiian Kingdom and other World Powers a Austria-Hungary b Belgium c Bremen d Denmark e France f Germany g Great Britain h Hamburg i Italy j Japan k Netherlands l Portugal m Russia n Samoa o Spain p Swiss Confederation q Sweden and Norway r United States of America s Universal Postal Union 2 Hawaiian Kingdom Neutrality III AMERICAN INTERVENTION 1 American Occupation of the Hawaiian Kingdom of January 16, 1893 2 The Fake Revolution of January 17, 1893 3 U.S. Presidential Fact-Finding Investigation calls for Restoration of the Hawaiian Kingdom Government 4 The American Thesis 5 Illegality of the 1893 Revolution 6 Puppet Character of the Provisional Government 7 The Attitude of the International Community 8 Failed Revolutionists declare themselves the Republic of Hawaiçi 9 Second Annexation Attempt of 1897 10 Legal Evaluation IV SECOND AMERICAN OCCUPATION OF THE HAWAIIAN KINGDOM 1 United States Municipal Law Erroneously Purports to Annex Hawaiian Islands in 1898 2 U.S. Fails to Establish System of Direct Administration of Kingdom Laws 3 The Establishment of an American Puppet Government in 1900 4 American Statehood for the so-called Territory on Hawaiçi in 1959 5 United States Commits Fraud before United Nations 6 United States Attorney General’s Office Questions Annexation of the Hawaiian Islands in 1988 Legal Opinion 7 United States Congress in 1993 Apologizes to Native Hawaiians Commemorating 100th Anniversary of Illegal Overthrow of the Hawaiian Kingdom 8 United States Solicitor-General Implicates the United States Government under the Laws of War in 1999 9 The Establishment of U.S. Military Installations in the Hawaiian Kingdom 10 Alien Population Explodes During American Occupation 11 Legal Evaluation VREINSTATING THE HAWAIIAN KINGDOM GOVERNMENT 1 The Establishment of the First Co-partnership Firm under American Occupation on December 10, 1995 2 Reinstating the Hawaiian Kingdom Government, by and through the Hawaiian Co-Partnership Statute 3 The Hawaiian Kingdom Trust Company, a general partnership, established to Assume Role of Absentee Government on December 15, 1995 4 Trustees of the Hawaiian Kingdom Trust Company, a general partnership, Appoint Acting Regent on March 1, 1996 5 The Establishment of the First Co-partnership Firm under American Occupation on December 10, 1995 6 Quiet Title Action instituted by the Hawaiian Kingdom Trust Company and the Perfect Title 7 Two Failed Attempts by the Hawaiian Kingdom to Resolve Illegal Occupation within United States Supreme Court 8 Granting of Limited Powers of Attorney to Hawaiian Kingdom Treaty Partners 9 Hawaiian Kingdom's Ratification of the 1907 Hague Convention establishing the Permanent Court of Arbitration and the 1969 Vienna Convention on the Law of Treaties 10 Commissions of Government Officials 11 Dispute between the Acting Government of the Hawaiian Kingdom and a Hawaiian subject goes before the Permanent Court of Arbitration VI LIST OF ANNEXES I. THE HAWAIIAN KINGDOM 1.1 Prior to the first arrival of Europeans in 1778, the inhabitants of the Hawaiian Islands lived in a highly organized, self-sufficient, social system, with a sophisticated language, culture, religion and a land tenure that bore a remarkable resemblance to the feudal system of ancient Europe. 1 1.2 His Majesty King Kamehameha I established the monarchical government of the Hawaiian Islands in 1810. He ruled the Hawaiian Islands from April 1810 until his death in May 1819. Upon the death of King Kamehameha I, his son King Kamehameha II was successor to the throne and ruled the Hawaiian Islands from May 8, 1819 to July 1824 when he died of measles in London. His Majesty King Kamehameha III, the second son of His Majesty King Kamehameha I, was successor to the throne upon the death of Kamehameha II in July 1824. 1.3 The Hawaiian Kingdom was governed until 1838, without legal enactments, and was based upon a system of common law, which consisted partly of the ancient kapu (taboo) and the practices of the celebrated Chiefs, that had been passed down by tradition since time immemorial. 2 The Declaration of Rights, proposed and signed by His Majesty King Kamehameha III on June 7, 1839, was the first essential departure from the ancient ways. I.1 ESTABLISHING A CONSTITUTIONAL FORM OF GOVERNMENT 1.4 The Declaration of Rights of 1839 recognized three classes of persons having vested rights in the lands; 1st, the Government; 2nd, the Chiefs; and 3rd, the native Tenants. It declared protection of these rights to both the Chiefly and native Tenant classes. 3 These rights were not limited to the land, but included the right to "...life, limb, liberty, freedom from oppression; the earnings of his hands and the productions of his mind, not however to those who act in violation of the laws." 4 1.5 One year later on October 8, 1840, His Majesty King Kamehameha III voluntarily relinquished his absolute powers and attributes, by promulgating a constitution that recognized three grand divisions of a civilized monarchy; the King as the Chief Executive, the Legislature, and the Judiciary. 5 The Legislative Department 1 See Annex 14, p. 105 2 See Annex 1, Compiler’s Preface, p. 3 3 See Annex 2, Principles Adopted by the Board of Commissioners to Quiet Land Titles, in Their Adjudication of Claims Presented to Them, Statute Laws, 1846, p. 83. 4 See Annex 9, 1839 Declaration of Rights, as the preamble to the 1840 Constitution, p. 8. 5 See Annex 1, Compiler’s Preface, p. 1; “In 1840 he (His Majesty Kamehameha III) granted the first Constitution by which he declared and established the equality before the law of all his subjects, chiefs and people alike. By that Constitution, he voluntarily divested himself of some of his powers and attributes as an absolute Ruler, and conferred certain political rights upon his subjects, admitting them to share with of the Kingdom was composed of the King, the House of Nobles, and the House of Representatives; each had a negative on the other. The King represented the vested right of the Government class, the House of Nobles represented the vested right of the Chiefly class, and the House of Representatives represented the vested rights of the Tenant class. The Government was established to protect and acknowledge the rights already declared by the 1839 Declaration of Rights. 1.6 The Constitution generally defined the duties of each branch of government. Civilly, the laws embraced the usual rights and duties of the social relations between the three classes of people, and initiated the internal development of the country with the promotion of industry and commerce. In these laws, the fundamental basis of landed tenure was declared, and relaxing the vassal service of the Chiefly and Tenant classes encouraged cultivation of the soil, under a feudal tenancy similar to ancient Europe. 1.7 On June 24, 1845, a Joint Resolution was enacted by the Legislature and signed into law 6 calling upon the Attorney General to draw up a complete set of the existing laws embracing the organic forms of the different departments, namely, the Executive and Judicial branches. These laws were to outline their duties and modes of procedure. This brought forth the First Act of Kamehameha III to Organize the Executive Ministries, the Second Act of Kamehameha III to Organize the Executive Departments, and the Third Act of Kamehameha III to Organize the Judiciary Department. These Acts came to be known as the Organic Acts of 1845-46. 1.8 On September 27, 1847, the Legislature passed a law calling upon Chief Justice William L. Lee to establish a Penal Code. In 1850, a Penal Code was submitted to the Legislature by Chief Justice Lee and signed into law by His Majesty King Kamehameha III. The Penal Code had adopted the principles of the English common law. 7 On June 22, 1865, the Judges of the Supreme Court were directed, by an act of the Legislature, to compile and ready to publish the Penal Laws of the Kingdom. The matter required a compilation of the amendments and additions made to the Penal Code since 1850. In 1869 a revised Penal Code was published. 8 1.9 In 1851, the Hawaiian Kingdom Legislature passed a resolution calling for the appointment of three commissioners, one to be chosen by the King, one by the House of Nobles, and one by the House of Representatives. The duty of these commissioners was to revise the Constitution of 1840. The draft of the revised Constitution was submitted to the Legislature and approved by both the House of himself in legislation and government. This was the beginning of a government as contradistinguished from the person of the King, who was thenceforth to be regarded rather as the executive chief and political head of the nation than its absolute governor.” 2 Hawaiian Reports 720, In the Matter of the Estate of His Majesty Kamehameha IV, late deceased. 6 See Annex 1, Compiler’s Preface, p. 5. 7 See Annex 3, p.