Reinstatement Chronology

June 27th, 2008

Reinstate. To reinstall; to reestablish; to place again in a former state,… Black’s Law Dictionary

“Whereas the Kingdom of Hawai’i, having been in exile for one-hundred seven years due to an unlawful overthrow of its government de jure, has exercised perfect right to reestablish its proper station as an independent nation within the community of nations.”—The Preamble of the Amended Hawaiian Constitution of 2000

Hawai’i was an independent nation that had diplomatic and commercial ties with countries around the world prior to its unlawful coup d’etat in 1893 and subsequent annexation by the United States in 1898.

Hawai’i will be an independent nation again. Very soon.

The lawful government of Hawai’i was never destroyed. It was never formally dissolved in an official act of law.

Queen Lili’uokalani — the constitutional monarch of Hawai’i at the time of the overthrow — never consented to the occupation of the United States. Her subjects never consented to foreign rule.

The lawful Hawaiian Government remained in a state of exile Until March 13, 1999, when a government pro tem was established in accordance with public international law and Hawaiian Kingdom Domestic Law. This re-established government fulfilled the position of obligation taken by the United States of America in U.S. Public Law 103-150.

This temporary government had one purpose:
REINSTATE THE LAWFUL KINGDOM OF HAWAI’I.

Notices were sent to over half of the worlds nations proclaiming Hawai’i’s intent to reinstate its government de jure.

A citizenship drive was conducted amongst all the residents of the Hawaiian Islands in order to identify a distinct population. The voting districts of the Kingdom of Hawai’i were reinstituted and the eligible voters elected a legislature on November 6, 1999.

In March of 2000, this legislature amended the Hawaiian Kingdom Constitution that was left in suspension for the last 107 years. The citizens ratified this amended constitution in a plebescite on April 29th, 2000.

With a ratified constitution in place, the Government of Hawaii is operational.

The ratification of the Amended Hawaiian Constitution of 2000, it was decided, would not be done solely by the Legislature of Hawai’i. It was agreed that the Constitution would be ratified directly by the citizens in a plebescite vote.

On Saturday, April 29th, the Ratification Vote of 2000 was held in every district of the Hawaiian Islands. A winning majority needs two-thirds of the total number of voting districts. That would currently require no less than sixteen districts.

The Amended Hawaiian Constitution of 2000 was passed with a majority of twenty districts in favor of ratification and four districts against.

With an approved constitution, the people of the nation known as Hawai’i are now in the process of fulfilling the laws within it. The first priority was to complete the other two branches of government.

Applications to the Office of the Prime Minister were considered. All applicants to the office were required to appear before a review committee established by the legislature to determine if they met the necessary qualifications. One person emerged with the confidence of the committee. The findings of the committee were forwarded to the full legislature.

On June 17, 2000, the legislature declared Henry Noa the uncontested winner and was sworn in as the Prime Minister of the Kingdom of Hawai’i. On July 23, 2000 the Prime Minister appointed individuals to his Executive Cabinet.

The immediate goal of this re-emerging government is to notify the general public of its intent to exercise its rights. To this end, several three-day long Nationwide Demonstrations have been conducted simultaneously on the five major Hawaiian Islands in October & November of 2000 and in January and March of 2001.

In May of 2001, five officers of the Reinstated Hawaiian Government attended the week-long Asian Development Banking Conference held in Honolulu. Their objective was to inform the delegates of the 53 member nations of the national reinstatement process underway in Hawai’i.

In August 2001, the national legislature of the Reinstated Hawaiian Nation passed the RECLAMATION NOTICE , which formally lays claim to all land and personal property possessed by the nation prior to its overthrow in 1893. This resolution was reprinted in its entirety in the September 9, 2001 Sunday edition of the Honolulu Advertiser, formally notifying the general public that the Reinstated Hawaiian Government is the true and rightful owners of the national lands of the Hawaiian archipelago.

To further demonstrate the consequences of this historic resolution, a Vigil for Justice and Peace was held from November 2 to November 9, 2001. Sixteen sights were erected on state and county properties throughout the island chain without any permits. The vigil was conducted peaceably for the entire week. Since then, more vigils have occurred on a monthly basis. These vigils have gained the attention of the local media and international human rights advocates.

On August 31, 2003, the Reinstated Hawaiian Kingdom publicly published its formal NOTICE OF INITIATING THE TRANSITION OF POLITICAL AUTHORITY and jurisdiction from the United States. Appearing in the newspaper with the largest circulation in the Hawaiian Islands, it warned that all acts of aggression done against it would be considered violations of international law in accordance with the Universal Declaration of Human Rights.

With the formal release of this public notice, the stage is finally set to exercise personal rights reserved to our citizens as authorized by our government.

The world will witness the re-emergence of this sovereign nation.

Justification in Law

The Truth.  And its applications in law.

“God hath made of one blood all nations of men to dwell on the earth in unity and blessedness.” – the first line of The Declaration of Rights, Both of the People and Chiefs (1839), regarded as the Hawaiian equivalent to England’s Magna Carta

Hawai’i was, by right and definition, an independent nation.  To understand the application of laws that obliges the U.S. and the countries of the world to observe the emergence of Hawaiian nationhood, there are points in fact and points in law that must be acknowledged first.

Major Events in the Political History of Hawai’i

On October 8, 1840, King Kamehameha III authorized the Hawaiian Kingdom Constitution, which described the sharing of governmental power between the monarch and the parliament.  This document marked Hawai’i’s departure from absolute monarchism.  The Constitution demonstrated the King’s commitment to domestic welfare and adherence to the law of nations.

In January of 1893, before Queen Lili’uokalani could institute a revised constitution with more democratic reforms (i.e., allowing all subjects the right to vote, as opposed to just male landowners), the lawful government of Hawai’i was overthrown in a coup d’etat devised by a group of wealthy landowners advocating annexation to the United States.  They were aided in this stroke of state by the U.S. foreign minister to Hawai’i and a detachment of U.S. Marines.

Demanding remedy for this unlawful act, Queen Lili’uokalani sent her formal letter of protest to U.S. President Grover Cleveland.  While Cleveland did insist on the reinstatement of Hawai’i’s lawful government, the annexationists’ friends in the U.S. Congress waited for a president sympathic to their agenda.  They got their wish with the 1896 election of William McKinley.

The annexationists installed their government de facto, renamed the nation the Republic of Hawai’i, then conveyed the islands to the United States on August 12, 1898.  All Hawaiian subjects — both kanaka maoli (persons of aboriginal Hawaiian ancestry) and kanaka ‘e (those of foreign ethnicity) — were collectively naturalized as U.S. nationals on that day.

Elements of a Nation

There are four conditions to qualify as a nation: Territory, Population, Sovereignty, and Government.  These are accepted standards that are articulated in public international law. Before it was annexed to the United States, the Kingdom of Hawai’i fulfilled these qualifications.

Without a document from the lawful Hawaiian Government consenting to U.S. occupation, the cession of the Hawaiian Islands to the United States depended on the removal or obfuscation of these four conditions of nationhood.

GOVERNMENT was the first to be suspended: the monarch was removed and the parliament emptied.  This separated the citizenry from their elected representatives and impaired their ability to exercise their political authority — their SOVEREIGNTY.  The absence of a chief executive and a legislative body made it possible for the government of the annexationists to convey control of the islands to America, thereby reclassifying the entire Hawaiian POPULATION as U.S. nationals.

It is the unconfirmed status of the final condition — TERRITORY — that revealed the imperfect claim the United States has on the Hawaiian Islands.

And it was shown for all the world to see in 1993.

The Queen’s Protest Letter and the U.S. Apology Resolution

The 1893 Protest Letter of Queen Lili’uokalani is an application in international law.  In the letter, she proclaims her “protest against any and all acts done against myself and the Constitutional Government of the Hawaiian Kingdom…”  Further in this document, she demands the undoing of the wrongful actions of the United States.  Amazingly, the guilty party — the U.S. Congress — responded to this law application.

A century later, U.S. Senator Daniel Akaka includes the Queen’s Protest Letter in a resolution he introduces to Congress.  Either by accident or by design, his “Apology Resolution” exposes the truth of who lawfully possesses Hawai’i.

On November 23, 1993, this joint resolution is signed by U.S. President Bill Clinton.  Formally known as U.S. Public Law 103-150, it acknowledges the overthrow of the Kingdom of Hawai’i and apologizes to Native Hawaiians for the United States’ participation in the overthrow.  A joint resolution adopted by both houses of Congress and signed by the President has the effect of a law.

And as law documents go, this is a signed confession.  Within its text is this admission:
“…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;”

Why would Congress allow such a statement into United States Public Law? To distinguish its liability.  The U.S. government knows that it does not lawfully possess the Hawaiian Islands. The governments of the United States and the State of Hawai’i preside in the islands in the absence of the government de jure.  The U.S. also knows that if the lawful government does not step forward to answer this apology, it can continue to legally claim dominion over Hawai’i.

In order to show the world that it is complying with the principles of international law, the United States was required only to offer a means of reconciliation.  But the U.S. is neither obliged to rebuild the lawful government nor is it responsible to show the Hawaiian people how to do it. That is the job of the kanaka maoli.

It was the burden of the kanaka maoli to rebuild the government that could answer the apology and keep the United States in compliance with the terms of international law.  The three branches of government were erected, a distinct population was identified, and the inherent sovereignty would be restored.

This was no simple task.  It has taken four years.

Efforts toward manifesting this authority began on June 8, 1996.

Manifestation of Authority

Building a nation.  One step at a time.

“Proof can be had from the works on the natural law that liberty and independence belong to man by his very nature, and that they can not be taken from him without his consent…But the whole body of the Nation, the State, so long as it has not voluntarily submitted to other men or other Nations, remains absolutely free and independent.”- The Law of Nations (1758)

Having learned the hidden significance of the U.S. Apology Resolution, KAONA — an affiliation of private citizens dedicated to teaching all laws relevant to nationhood — was created in June of 1996.  Its primary goal was to educate the public to a process described in public international law used to restore nations which have suffered from foreign invasion and conquest.

The members of KAONA gave presentations in every district of Hawai’i.  The process they advocated was described in The Law of Nations, a text on international jurisprudence.  This book was used by the framers of the American Constitution during its composition.  The missionary William Richards taught the law of nations to King Kamehameha the Third in 1839. KAONA would teach these laws to all who attended their presentations.

Foremost among these principles was that all nations — like people — enjoy and exercise rights, and are bound to observe the obligations corresponding to such rights.  Specifically, a nation has an obligation to preserve and perfect its own existence and must exercise rights to that end.  In order to revive the authority that lay suspended for more than a century, the descendants of the founders of the Kingdom of Hawai’i had to reclaim the proper status of nationhood.
Individual kanaka maoli came from every island to participate in a series of conventions dedicated to raising a government identical to the one overthrown.  It was hoped that enough people would volunteer to temporarily occupy the high offices of the legislative, executive and judicial branches.

This would accomplish two objectives: confirm the status of being the proper claimant to nationhood, and lay the groundwork to naturalize all those who were willing to become citizens.

Reviving the GOVERNMENT

On March 13, 1999, delegates representing all twenty-four districts of the Kingdom of Hawai’i attended a convention in Punalu’u, a community on the northern side of the island of O’ahu.  Twenty-four kanaka maoli volunteered to serve as their districts’ representatives in the House of Representatives pro tem.  Another twenty-four volunteered to serve in the House of Nobles pro tem, completing the bicameral parliament of the Hawaiian government.

In accordance with the Hawaiian Kingdom Constitution, this legislature elected a monarch pro tem who, in turn, appointed individuals to the Executive Cabinet pro tem and the Supreme Court pro tem.

With this temporary government of volunteers in place, these fifty-six officers formally agreed to not exercise any of the powers of their offices.  Their sole responsibility was to sign up all those residents of Hawai’i who were willing to abandon their current nationality and become citizens of the Kingdom of Hawai’i.

Identifying the POPULATION

Another law principle states that citizenship is based on allegiance, not race.  Hawai’i is a land of many ethnicities.  The pro tem government decided that the offer to become a citizen would be extended not only to kanaka maoli, but also to Hawaiians (all those residents born in Hawai’i not of aboriginal Hawaiian ancestry) and to foreigners (all those residents born elsewhere not of aboriginal Hawaiian ancestry).

Throughout the year, the pro tem officers conducted a publicity campaign for this reinstatement initiative.  Ads were placed in the classified and public notice sections of each island’s newspapers.  Informational pamphlets with contact numbers were distributed to the general populace. Two or three times a week, the pro tem officers and other volunteers waved signs at busy intersections in their home towns during peak traffic times.

Registration booths were set up in public places so that all who were ready to commit could apply to this process.  Since they had the inherent right to return to their nation, the kanaka maoli who signed up completed Applications of Repatriation.  Those Hawaiians and foreigners who chose to commit their loyalty to this process completed Applications of
Naturalization.  Copies of these applications were then sent to U.S. Secretary of State Madeleine Albright.

The eligible voters resulting from this citizenship drive were qualified to cast ballots in the first parliamentary election of the Kingdom of Hawai’i in over a century.  Affidavits of Candidacy to the Office of Representative or the Office of Noble were made available to all those who were interested in serving as a legislator.  The deadline to participate in this election as a voter and/or a candidate was Saturday, October 30, 1999.

Exercising the SOVEREIGNTY

On Saturday, November 6, 1999, all twenty-four voting districts selected the individual they wanted to serve them in the House of Representatives. The voters of each island also selected those individuals who would serve them in the at-large seats of the House of Nobles.  The election of these forty-eight legislators marked the return of the legislative branch of the true and rightful government of Hawai’i.

Among the resolutions passed by the temporary government was the suspension of the offices of the executive and judicial branches upon the eve of the parliamentary election.  Unlike the March 13th convention, the elected legislature would not immediately reinstate the executive branch by installing a monarch.  It became their duty to determine what form of government the citizens wanted: constitutional monarchy or parliamentary democracy.

The legislators’ and citizens’ primary responsibility was to address this concern by updating the Hawaiian Kingdom Constitution for the first time in 113 years.

Government De Jure
Preserved in law by our ancestors.
Perfecting itself for our descendents.

“Whereas the Kingdom of Hawai’i, having been in exile for one-hundred seven years due to an unlawful overthrow of its government de jure, has exercised perfect right to reestablish its proper station as an independent nation within the community of nations.” – The Preamble of the Hawaiian Constitution of 2000

Revising the Constitution

On January 15, 2000, the elected legislature of the Kingdom of Hawai’i convened for the first time in 107 years in Anahola, a community on the island of Kaua’i.  The legislators of the temporary government vacated their offices and witnessed the swearing-in of their elected successors.

The objective of this convention was to retrieve the nation’s constitution from suspension and update it for the twenty-first century.  Last amended in 1887, the Hawaiian Kingdom Constitution consisted of eighty-two articles which described the functions and powers of the monarch, the parliament and the courts of record; as well as the natural, political and civil laws enjoyed by the citizenry.  Consolidating the 82 articles into ten articles of related subject matter, a draft constitution was adopted.  The legislators were responsible for distributing copies of the draft to the citizens for their review and input.  Before recessing, the legislature agreed to reconvene at a constitutional convention on March 10, 11 & 12, 2000 in Waimea, a town on the big island of Hawai’i.

In preparing for this constitutional convention, a protocol was followed that allowed the individual citizen to submit draft legislation for consideration at three successive levels: first, review within the district; then, review amongst all districts of the island; and finally, review by the entire legislature.  A deadline for submitting amendments was set, copies of the amendments from those islands that met the deadline were made, and each legislator received their copies upon arriving at the convention.

The legislature spent the entire convention examining and re-examining the draft constitution and every submitted amendment.  After much debate, a constitution with language satisfactory to the legislature was agreed upon.  Among the features introduced into the constitution were:

  • Making the Office of the Monarch ceremonial, with the monarch serving as a national symbol
  • Establishing an Office of the Prime Minister
  • Allowing the citizens — rather than the legislature — to elect the Prime Minister
  • Inserting direct democracy into the legislative procedure of passing laws of the land
  • Extending the right to vote to women
  • Extending the right to vote to individual citizens who are not landowners
  • Removing the monarch’s Privy Council, but retaining the Executive Cabinet Ministers
  • Reserving the right to retrieve the Kingdom’s public laws placed into suspension 107 years ago
  • Formally naming the legislature the Mana Kau Kanawai (“the body empowered to make laws”)
  • Referring to the nation as “Hawai’i”
  • Reserving the ability to introduce and ratify additional amendments to the constitution

Copies of this final draft were supplied to each legislator for distribution to the citizens.  The ratification of this constitution would not be done solely by the Legislature.  It was agreed that the Amended Hawaiian Constitution of 2000 would be ratified by the citizens in a plebescite vote.
On Saturday, April 29th, the Ratification Vote of 2000 was held in every district of the Hawaiian Islands.

A winning majority needs two-thirds of the total number of voting districts.  That would currently require no less than sixteen districts.

The Amended Hawaiian Constitution of 2000 was passed with a majority of twenty districts in favor of ratification and four districts against.
With an approved constitution, the people of the nation known as Hawai’i are now in the process of fulfilling the laws within it.  The first priority was to complete the other two branches of government.
Applications to the Office of the Prime Minister were considered.  All applicants to the office were required to appear before a review committee established by the legislature to determine if they met the necessary qualifications.  One person emerged with the confidence of the committee.  The findings of the committee were forwarded to the full legislature.

On June 17, 2000, the legislature declared the uncontested winner and sworn him in as the Prime Minister of the Kingdom of Hawai’i.  On July 23, 2000 the Prime Minister appointed individuals to his Executive Cabinet.

The process of fulfilling the laws of the Hawaiian Constitution continues.

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