The Basis for the Restoration of the Hawaiian Kingdom A Report from the Hawaiian Islands By Leon Siu

The Basis for the Restoration of
the Hawaiian Kingdom

A Report from the Hawaiian Islands

By Leon Siu
Minister of Foreign Affairs

August 2005

In 1994, after having been impaired for 100 years under an unlawful occupation of our homelands by the United States, we the people of the Hawaiian Kingdom began the process of peaceably restoring our country’s rightful standing as a sovereign and independent nation. This is a thumbnail sketch of the basis for the restoration.

Brief History

By the latter half of the Nineteenth Century, the Hawaiian Kingdom was a progressive, literate, flourishing, peaceful, Christian nation conducting lively trade and discourse among the nations of the world. Hawaii’s enlightened leaders had instituted a constitutional form of government in 1840, long before most other nations, and became the first non-Euro/American member of the prestigious Family of Nations. The Hawaiian monarchy also entered into formal associations with the crown heads of Europe, Asia and the Pacific. The Hawaiian Kingdom initiated an association of the nations of Oceania. The Hawaiian Kingdom had more than 90 diplomatic legations around the world.

Suddenly, without provocation and without warning, in January 1893, the United States marines openly backed a small band of discontented elitists in the toppling of the Hawaiian Kingdom government. The United States committed, as President Cleveland characterized the action in a speech before the U.S. Congress a few months later, “an act of war against a friendly nation.” As a means of making amends for this regretful action, Cleveland also pledged U.S. assistance in the restoration of the Hawaiian Kingdom. That pledge was never fulfilled.

Prior to that admitted illegal action, the United States had consistently and unconditionally recognized Hawaii as a sovereign national state. This was affirmed by several treaties and conventions made between these two countries. The Hawaiian Kingdom’s sovereign status was also confirmed by treaties with 17 other nation states including Great Britain, France, Russia, Germany, The Netherlands, Switzerland, Spain, Portugal, Italy, Denmark, Sweden, China, Japan and so forth.

Since the 1893 coup d’etat, the United States has admitted twice — first in President Grover Cleveland’s address to the U.S. Congress in 1893, then in the Apology Law (USPL 103-150) in 1993 — that it wrongfully participated in the unlawful overthrow of the national government of the Hawaiian Kingdom.

Though spaced a hundred years apart, through its own admissions of culpability in the unlawful overthrow, the United States concedes that the sovereignty of the Hawaiian Kingdom was never surrendered. The implication is, therefore, that this invalidates all U.S. hegemony over Hawaii and all consequential manifestations of U.S.-manufactured governing entities, up to and including the present-day de facto “STATE OF HAWAII.”

The Hawaiian Kingdom Still Exists

The historical facts and points of law pertaining to the nationhood status of the Hawaiian Kingdom are undeniable. According to the standards of international law, the sovereignty of the Hawaiian Kingdom was never extinguished.

The two official admissions by the United States (1893 and 1993) of illegally interfering in the affairs of a foreign, sovereign nation, acknowledge that the interference did not terminate the sovereignty of the Hawaiian Kingdom. Despite the 112-year procession of U.S.-installed, de facto puppet governments, the sovereignty of the Hawaiian Kingdom continues to exist.

In December 2000, the Permanent Court of Arbitration at The Hague (The World Court) heard a case involving a subject of the Hawaiian Kingdom and the government of the Hawaiian Kingdom, thus establishing that both parties — the subject and the government — had standing in international court. That meant that the World Court regarded the Hawaiian Kingdom to be extant.

In July 2002, Dr. Matthew Craven, Reader of International Law SOAS, University of London, issued a legal opinion titled The Continuity of the Hawaiian Kingdom, confirming that, according to the standards of international law, the Hawaiian Kingdom still exists. This was published in the Hawaiian Journal of Law & Politics: Summer 2004.

The continuity of the Hawaiian Kingdom is also supported by: a 1994 legal brief by the prominent expert on nationhood, Professor Francis A. Boyle; a 1994 tribunal convened under the auspices of the United Nations; and numerous legal filings in various jurisdictions that attest to the fact the Hawaiian Kingdom is still in existence. The matter is currently under review by the Secretary General and various agencies of the United Nations.

Most importantly, there was never a lawfully enacted transfer of title of the lands or the governing authority of the Hawaiian Islands to the United States. All ceremonies, documents, organic laws and so forth made after January 17, 1893 are null and void as they were enacted under fraudulent pretenses, under unlawful jurisdictions. These measures were instituted by the United States for the Hawaiian Kingdom without due process, without consent and while the Kingdom was still extant.

Therefore, the United States’ presence in Hawaii and its claim of jurisdiction over the Hawaiian Islands is not only defective, it is patently fraudulent. Exercising dominion over Hawaii while knowing that there is no lawful basis for their claim to Hawaii, constitutes constructive fraud on the part of the United States. Furthermore, by forcibly applying U.S. domestic laws to Hawaii (a nation foreign to the U.S.) and the people of Hawaii (nationals foreign to the U.S.), the United States is in serious violation of international laws governing sovereignty, occupation and trust responsibilities.

The Current Condition

Although admitting complicity in, and culpability for the overthrow, the government of the United States has thus far refused to respond to polite and reasonable demands to take the appropriate steps toward reconciliation and restoration. Instead, the U.S. has chosen to cavalierly dismiss the matter, arrogantly ignore all references to the issue and deviously change the subject from that of nationhood to that of native rights based on blood-quantum.

Today there is confusion in Hawaii. Though the facts of history and laws prove that the Hawaiian Kingdom still exists, most of the people have succumbed to the over 100 years of unrelenting U.S. indoctrination and have been seduced into believing that Hawaii is part of the United States and that the people of Hawaii are U.S. citizens.

Of those who do know that the overthrow was illegal and that there were serious flaws in the process leading to “annexation” and “statehood,” many regard the U.S. colonization of Hawaii as so complete that breaking away from the U.S. is viewed as either undesirable or impossible. Add to that the confusion caused by the United States’ policies of creating race-based entitlement programs that divide native Hawaiians from non-native Hawaiians, and the blurring of the entitlement agencies and programs with the genuine sovereignty/independence movement… and one receives a very confusing picture.

The U.S. and its puppet, the State of Hawaii continue to fuel this confusion in order to maintain the status quo of domination and occupation.

The recent stampede to save native-Hawaiian entitlement programs is a case in point. These are diversions that keep the focus off the United States’ illegal occupation and turn it to “native rights” and “federal recognition.” Like its antecedents, the Akaka Bill now before the U.S. Congress, stirs up more confusion while purposely avoiding the real issue — the theft of a nation.

United States-created-agencies like the Office of Hawaiian Affairs and the Department of Hawaiian Home Lands, and organizations like the Kamehameha Schools and other “ali‘i (royalty) trusts” (now, U.S. non-profit corporations) continue the futile quest for protection and redress in the U.S. courts system, a venue and jurisdiction in which justice for Hawaiians cannot and will not be found.

Colonization is so thorough that economically, Hawaii is almost entirely dependent upon the United States. Over 90% of Hawaii’s food and consumer products are imported from or through the United States. Transportation, communications, utilities, trade, monetary system, education, land use, natural resources, human resources, law enforcement, administration of justice, national defense and all other vital components of a modern society are completely controlled by the United States.

Culturally, although there are local distinctions, Hawaii has become, for the most part, a clone of American culture. Value systems, lifestyles, work ethics, aspirations and so forth, all mirror the American template. Unfortunately, many native Hawaiians have never quite fit the mold, and in the process of being sifted through the sieve of the American system, Hawaiians end up populating the bottom layer of society. Downtrodden in their own land.

But as more problems arise to the detriment of the Hawaiian people, more and more of the people are beginning to awaken to the truth about Hawaii’s situation. Many have come to identify the problem as stemming from the theft of their nation and the false pretenses of the United States’ presence in Hawaii.

Discontent has been growing, but so has optimism. The momentum is mounting at the grassroots level to directly address the cause of the problem. Many people have come to believe that an independent Hawaiian Kingdom is both desirable and achievable.

Reclaiming a Nation

At no other moment in world history has the emphasis been so strongly upon encouraging nations and people groups to invoke and assert their rights to justice and self-determination. We pray that our efforts to peacefully regain Hawaii’s independence and to once again build a thriving, lawful, prosperous, Godly nation will be enthusiastically supported by the international community.

The journey to independence for Hawaii has begun. Even though the transition of Hawaii from occupation to independence could be a hard and long process, nevertheless, we are well on our way.

The pro tem national government, Ke Aupuni O Hawaii Nei (the Hawaiian Kingdom), structured under the still-existing Constitution and collective Laws of the Hawaiian Kingdom, was formally reinstated in 1996 and people living in Hawaii began then to reclaim their true national identity as Hawaiian Subjects within the jurisdiction and under the laws of the Hawaiian Kingdom.

As Hawaii transitions to its full status of nationhood, we are hopeful that despite their present reluctance, the United States will decide to honor our mutual Treaty of Friendship, Commerce and Navigation (1849), and begin to peacefully, willingly, honorably and incrementally, withdraw from its occupation of Hawaii.

We are hopeful that the American public will come to realize truth about Hawaii and will encourage their government to act justly and with compassion toward our small nation.

We are hopeful that the other nations with whom we enjoyed treaties will also honor their hundred-plus years’ commitments and support our quest for independence.

We are confident that, as they learn the truth, the people of Hawaii will join in the rebuilding of our nation.

Struggles in the Rebirth of a Nation

In recent years the “Hawaiian Sovereignty” movement has gone through a metamorphosis. What began as factions of angry and hurt people demanding retribution for injuries sustained from the theft of their nation, has matured into a lawful, organized society of independence-minded citizens methodically and confidently moving toward the restoration of their lawful, sovereign nation, the Hawaiian Kingdom.

It is not an easy undertaking. The U.S. FEDERAL GOVERNMENT and the de facto STATE OF HAWAII have instituted measures to deal harshly with anyone questioning or challenging or exposing the illegal occupation. Hawaiian Kingdom subjects are being persecuted and prosecuted by the police and agents of the U.S. FEDERAL GOVERNMENT and de facto STATE OF HAWAII courts. Hawaiian Kingdom subjects, living peacefully within their own country are being arrested and forcibly dragged into the fictitious jurisdictions of the U.S. FEDERAL GOVERNMENT and STATE OF HAWAII, convicted on false charges and ordered to pay steep fines and serve inordinately severe jail sentences. Some Hawaiian Kingdom subjects have even been incarcerated without formal charges or trials. The court systems of the occupation force have inflicted financial ruin, vilification, personal abuse and even physical torture upon Hawaiian Kingdom subjects.

The conspiracy to prohibit any questioning of lawful jurisdiction gives license to state and federal judges to violate their own laws when necessary. State and federal judges have refused to provide evidence of lawful jurisdiction in Hawaii. State and federal judges have refused to acknowledge the lawful jurisdiction of the Hawaiian Kingdom and the rights of Hawaiian subjects under their own laws. In abject violation of their own laws, state and federal judges ignore motions, interrogatories and even habeas corpus filings of Hawaiian Kingdom subjects, thus depriving Hawaiians of the basic constitutional protections afforded to the worst criminals, foreign and domestic.

To avoid persecution, Hawaiian Kingdom subjects living in Hawaii have had to exist furtively in the shadows on the fringes of society, covertly flying below the radar of the authorities of the hostile occupation forces.

It is not easy, yet we pursue independence in the hope that in the end, justice will prevail and freedom will return to our island nation.

Implications of Restoration

The restoration of the Hawaiian Kingdom represents more than the return of stolen property. It is more than restoring the proper governing entity. It is more than restoring the sovereign political status of a nation. The restoration of the Hawaiian Kingdom is a matter of making things pono — making things right before God. Restoring balance. Restoring the rule of law, restoring order. Restoring peace.

Making things right by restoring the Hawaiian Kingdom will have a far more profound affect than the political and economic benefits to Hawaii’s people. The restoration of the Hawaiian Kingdom would resolve a long-standing offense, a grievous act gone unresolved for over 100 years. The restoration of the Hawaiian Kingdom would bring vindication and resolution to the hearts of those Hawaiian patriots who stood for the sovereignty of their nation over a hundred years ago. It would bring healing to the land. It would free the United States from the curse of an unresolved injustice. It would bring relief and absolution to the downtrodden and the wrongly persecuted. It would mean living as free men in charge of our own nation and our own destiny… complete with all its rewards and responsibilities.

The structural plans are already in place, put there by the wise men and women who birthed our nation and lovingly nurtured it into a not in-significant player upon the world stage. Hawaii helped to design and forge the concept of neutrality, showing equal aloha for all and expecting the same in reciprocation. It is this Golden Rule, which the Queen put into practice that has preserved us as a people and a nation. It is this aloha that will carry us forward over the seemingly insurmountable hurdles.

The peaceful, orderly restoration of the Hawaiian Kingdom, this resurrection of a nation would stand as a testimony to the world; a testimony of justice and a truly shining example of the awesome reconciling and healing power of Aloha.

— Aloha ke Akua