Hawaiian Kingdom Law compilation

Hawaiian Kingdom

Laws

“Ua mau ke ea o ka aina i ke pono”

 compiled by Kawika Kawānanakoa

Copyright © 2013 Kawika Kawananakoa

All rights reserved.

ISBN-10: 1484181816

ISBN-13: 978-1484181812

DEDICATION

This book of Kingdom Law is dedicated to Na Kanaka Maoli, Hawaiian Nationals, and those born in the Hawaiian Islands.

“Ua mau ke ea o ka aina i ke pono”

“Ua mau ke ea o ka aina i ke pono” means “The Life [or Freedom] of the land is preserved in righteousness.” – first spoken by Kamehameha III on July 31, 1843 at Thomas Square, Oʻahu, when the sovereignty of the Kingdom of Hawaiʻi was returned by the British through the restorative actions of Admiral Richard Darton Thomas, following a brief takeover by Lord George Paulet.

A special dedication is given here to the men, women and children of the PKOA (Polynesian Kingdom of Atooi, Atu-ahi or Ato’oi), and their crown jewel, the island of Kaua’i, the island that was never conquered.

I want it clearly understood that this is by, for and of the people (Kanaka Maoli and Hawaiian Nationals) with no special interest in profit, power or control. Therefore I dedicate this to that part of America the Free that still cares and will rise up with da braddahs and sistas of Hawaii to do what is pono… liberate the ohana and aina of Hawaii from the deception, exploitation and pollution of paradise by those who are either unconscious or don’t care and those who want to see the world burn. This is dedicated to them too, for we are all in this together.

Laulima. “Many hands working together…”

I dedicate this effort to Haumea and Wakea and to Ke Akua, Aumakua, Kahuna, Kapuna, da aina, ohana, keiki, moku and Hawai’i Nei.

For all those who know and love paradise and those who are dedicated to justice- both for America and the Hawaiian Nation.

This entire effort is dedicated to you, and those you give this to,

as a tool for freedom and prosperity.

CONTENTS

Acknowledgments

Forward
Disclaimer

Pg. 1
Pg. 2
Pg. 3

1

Aloha Spirit Law Pg. 5

2

US Public Law 103-150 “Apology Bill” Pg. 8

3

de facto Hawaii State Legislature 2012
Resolution 68
Pg. 17

4

de facto House of Representatives HR-23 of 2013 Pg. 19

5

Kanawai Mamalahoe “Law of the Splintered Paddle” Pg. 23

6

History of the Kanaka Maoli Flag Pg. 26

7

History of the  Union-Jack lookin’ Hawaiian Flag Pg. 29

8

Hawaiian Kingdom Constitution of 1840 Pg. 32

9

Kingdom of Hawaii Constitution of 1893 Pg. 43

10

House of Kawananakoa / Lands and Resources Pg. 48

ACKNOWLEDGMENTS

Special gratitude for the following individuals for their relentless support of Kanaka Maoli, the Hawaiian Nation and the Polynesian Kingdom of Ato’oi: King Aleiki Aiopolani, King Edward Silva, Prime Minister for the Lawful Hawaiian Government, Hanalei “Henry” Noa; Attorney General Tom Anthony; Anakala Kamuela Kalaleiki & Uncle Robert on Big Island with his sons Primo and Sam; Puena, and LooWingBwoa.

For those others who I have not included, particularly those who hold important seats of government, such as Attorney General or King, or Minister of this and Minister of that. It’s all important. Please make your position known. From what I have seen so far, the rising Nation of Hawaii has all the pieces of the giant mosasic in place. Ke Akua and da Aina know what people need to do to live in harmony with each other while taking care of, and drawing our livings from the Ahupua’a in which we live.

Mahalo nui loa for all the Nobles and Representatives and Kanaka from all the islands who have given so much for Hawaiian Independence.

Mahalos to Rasta Dave. Aloha nui loa to Dina Helene and for all those who know and love freedom, justice and support the formal repatriation of the Hawaiian Kingdom.

To Lt. Colonel James B. Channon, US Army (ret.) who gave orders to “claim the Kalalau watershed for the Kingdom!”, a foothold and a stronghold for island and national sovereignty, “Natural Security” he calls it- an activated Ahupua’a that stands as a catalyst to awaken once again the Ahpupa’a of every district on every island in the Archipelago.

I honor and acknowledge the Ali’i and Aumakua that have come before us to lead the way in the Spirit of Aloha, sustainability, compassion, tolerance, generosity, and an amazing warm welcoming of people from all over the world to these islands, past and present.

I acknowledge those who will use this document to love and be of service to the Kanaka and Aina of Hawai’i Nei. Long live her Kings, Queens, Ali’i, Commoners and Middle-class.

Together we are co-creating a beautiful new world.

Forward

This document is a tool for peaceful revolution. Having this document in hand and being aware of these few laws are among the most simple and effective means to achieve peaceful revolution here in these islands and as island nations unto ourselves.

I want it clearly established and known that the intention of this document and publication is NOT in support of the Akaka Bill or Nation-within-a-Nation type of status for Hawai’i. The intention is formal restoration of the Hawaiian Nation according to International and Hawaiian Constitutional Law, the official repatriation of the Kingdom of Hawaii. According to International Law, US Congressional Law and de facto State of Hawaii resolutions 68 and HR-23, the Hawaiian Nation is in continuity, “they never gave up their sovereignty.”

This is a compilation of the most pertinent laws as a source of inspiration for restoration of the Hawaiian Kingdom. This document serves the people of Hawaii and the many nations that were colonized by the US and England. It is up to each and every individual who lives in Hawaii or cares about freedom and justice to be aware of what has happened to Hawaii since before the illegal takeover by the United States in 1893 and before.

Hawai’i was the first of many nations the US illegally colonized. This booklet is helping to reverse that trend and usher in a new paradigm of integrity in the United States and independence in the Hawaiian Nation.

America is being liberated from England, the World Bank and the Military Industrial Establishment that US President Eisenhower warned about when he left office. Knowing US Constitutional Law and Hawaiian Constitutional Law is a powerful combination for a new level of freedom, justice and self-governing amongst the Hawaiian Islands and throughout America.

There are many who understand that Hawaii serves as a global mecca of paradise, a living example of paradise, sustainable agriculture, renewable energy, and as a long-standing  and enchanting model in the world for the Spirit of Aloha.
DISCLAIMER

From the Publisher: “There may be aspects of this document that you do not understand, believe or agree with. You are encouraged to do your own research, trust your own experience and then do what is just according to your soul, self, tribe, clan and Creator.

I call upon Ke Akua to guide me through the research, documentation, review, dissemination, organization, editing and publishing of the Kindom laws of Hawaii and Ato’oi. There are many more encouraging and beneficials laws to know and apply. These are just a few of the most pertinent and powerful.

I ask that this document be a catalyst for freedom, justice, Spirit of Aloha and a new age of self-governing, renewable energy, and sustainable agriculture. May the people of Hawaii, the Kanaka Maoli, Polynesian Kingdom of Ato’oi and all those who know and love this gem of the Earth be blessed with renewed dignity and mana for being independent once again. So be it. Aho.

Those of you who find this document offensive, inaccurate, or a source of inspiration, feel free to call, write or see me via the Coconut Wireless.”

Major David Keith Swendiman
KauaiUniversity@gmail.com

US Task Force Delta Commander
New Earth Army MISSION: Paradise

Homeland Security Liaison Kingdom of Hawai’i

Visit any one of the following websites
for more information and official documents:

www.KingdomofHawaii.com

www.capitol.hawaii.gov (de facto State of Hawaii)

*Establishment: Military Industrial Complex warned of by US President Eisenhower / World Bank / Illuminati/  VI Kings / Teutonic Order / Bilderberger Group / Travistock / shadow governments of the US and Israel / war-mongerers / and profiteers at the expense of others.

Special Note:

“All is takes for evil to triumph, is for good men to  do nothing.” -Edmund Burke

“Worse than terrorism, worse than evil itself, is a good man who is indifferent.” –Catholic Priest to his congregation in the opening lines of Boondock Saints.

1 Aloha Spirit Law

The Aloha Spirit Law is an ACTUAL law “on the books” in Hawai`i, encoded in the Hawai`i Revised Statutes, section 5-7.5 and acknowledges that The Aloha Spirit ” was the working philosophy of native Hawaiians and was presented as a gift to the people of Hawai`i.”

All citizens and government officials of Hawai`i are obligated by law to conduct themselves in accordance with this law, while performing their duties and obligations, as well as in their day-to-day living. Likewise, those visiting our fair islands are expected to conduct themselves in accordance with this Hawaiian law.

The Aloha Spirit elevates, empowers and ennobles its people and keeps Hawai`i the uniquely special place that it is. As a model law for the world, it can serve the greatest number for its greatest good.

Together, we can make The Aloha Spirit as vibrant and real as it was for those who came before us. Those who have experienced The Aloha Spirit have an obligation to make it real for those who follow. Let it begin with you.

On the following page is the actual law. When and if a civil servant, law enforcement officer, or anyone else, conducts themselves in such a way that is contrary to that of the Law of the Spirit of Aloha, politely remind them that they are obligated to follow this and all other laws they have sworn to uphold such as those governing the continuity of the Hawaiian Nation.

THE ALOHA SPIRIT LAW

[§5-7.5] The Aloha Spirit.

(a)  The Aloha Spirit is the coordination of mind and heart within each person. It brings each person to the Self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force, Aloha, the following unuhi laulâ loa (free translation) may be used:

A – Akahai, meaning kindness to be expressed with tenderness;

L – Lôkahi, meaning unity, to be expressed with harmony;

O – `Olu`olu, meaning agreeable, to be expressed with pleasantness;

H – Ha`aha`a, meaning humility, to be expressed with modesty;

A – Ahonui, meaning patience, to be expressed with perseverance.

These are traits of character that express the charm, warmth and sincerity of Hawaii’s people. It was the working philosophy of native Hawaiians and was presented as a gift to the people of Hawaii.

Aloha is more than a word of greeting or farewell or a salutation.

Aloha means mutual regard and affection and extends warmth in caring with no obligation in return.

Aloha is the essence of relationships in which each person is important to every other person for collective existence.

Aloha means to hear what is not said, to see what cannot be seen and to know the unknowable.

(b) In exercising their power on behalf of the people and in fulfillment of their responsibilities, obligations and service to the people, the legislature, governor, lieutenant governor, executive officers of each department, the chief justice, associate justices, and judges of the appellate, circuit, and district courts may contemplate and reside with the life force and give consideration to The Aloha Spirit. [L 1986, c 202, §1]

2 UNITED STATES of AMERICA
PUBLIC LAW 103-150

103d Congress Joint Resolution 19

Nov. 23, 1993

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.

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;

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

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;

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;

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;

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;

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;

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;

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:

“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.;

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;

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

Whereas, the report of a Presidentally 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;

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;

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;

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;

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;

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;

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;

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;

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

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;

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

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;

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

Whereas, the Republic of Hawaii also ceded 1,800,000 acres 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;

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;

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;

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

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;

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;

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

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

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;

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;

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;

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

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 –

(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;

(2) recognizes and commends efforts of reconciliation initiated by the State of Hawaii and the United Church of Christ with Native Hawaiians;

(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;

(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

(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.

SEC. 2. DEFINITIONS.

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.

SEC. 3. DISCLAIMER.

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

Approved November 23, 1993

[see official records for signature]
______________________________
LEGISLATIVE HISTORY – S.J. Res. 19:

SENATE REPORTS: No. 103-125 (Select Comm. on Indian Affairs)
CONGRESSIONAL RECORD, Vol. 139 (1993):

Oct. 27, considered and passed Senate.

Nov. 15, considered and passed House.

“…the logical consequences of this resolution would be independence.” – Senator Slade Gorton, US Senate Congressional Record

Wednesday, October 27, 1993, 103rd Cong. 1st Sess.

3 House of representatives

 

de facto State of Hawaii
House Resolution 68

“Resolution recognizing Hawaiian Nationals clears committee.”

Garden Island News Frontpage article
posted: Thursday, March 22, 2012 11:30 pm

by Léo Azambuja – The Garden Island Newspaper

HONOLULU — The state House of Representatives’ Hawaiian Affairs Committee on Wednesday recommended passage of a resolution recognizing Hawaiian nationals as a population residing lawfully in the islands.

“It just brings more awareness to Hawaiian people as a whole,” said Rep. Dee Morikawa, D-16th District. “It’s about everyone in Hawai‘i.”

House Resolution 68 formally recognizes the right of Hawaiian nationals — defined in the document as the authentic heirs, beneficiaries and body politic of the Hawaiian Kingdom — to organize and restore their national government in Hawai‘i.

It also commits to the state government to encourage courts and law enforcement to stop “nationality-based harassment and prosecution of Hawaiian nationals,” defined in the resolution as lineal descendants of Hawaiian Kingdom subjects, anyone born in Hawai‘i or naturalized through a formal process.

Morikawa was one of the nine committee members who voted for the resolution. She said it’s still early in the process; the resolution still has to be heard by the House Judiciary and Finance committees. When that happens, language may change.

“It’s hard to say what will come out of it, but the intent is really good,” Morikawa said.

The term “Hawaiian National” is not to be confused with “Native Hawaiian,” which was coined by the U.S. Congress to “narrowly define Hawaiians” according to aboriginal blood quantum, the resolution states.

“The state has on numerous occasions, and in official documents and statutes, including Act 195, Session Laws of Hawai‘i 2011, affirmed that beginning in 1893, the United States violated the sovereignty of the Hawaiian Kingdom when it colluded with insurgents to usurp the government of the Hawaiian Kingdom, “… International law clearly confirms that the sovereignty of the Hawaiian Kingdom was never relinquished or extinguished and that the Hawaiian Kingdom is “in continuity,” the resolution states.

All submitted testimony supports the resolution, including that from the Office of Hawaiian Affairs.

“The Native Hawaiian community generally agrees that the Hawaiian people’s claims to inherent sovereignty have never been relinquished. The Native Hawaiian community also generally agrees that repatriation of that relinquished inherent sovereignty is just and overdue,” states testimony from OHA to the House.

4 State of Hawaii House of Representatives Resolution 23 

The following three pages contain images (.jpgs) of for the State of Hawaii House of Representatives Resolution 23. You may Google: “Hawaii HR-23” to see various and officials versions of the de facto State of Hawaii’s position on the status of the Kingdom. They are both in agreement with US Public Law 103-150. Once people understand the law and what happened, great, positive changes may come about swiftly.

First comes awareness and education followed by independent research, public and official communication and cooperation. Then comes documentation, wide-spread presentation and mass publishing. Finally, we have then what we have now, the ability and therefore “Response-ability” to be self-governing, to learn to take care of ourselves and each other. Together we can better malama o ka aina, “care for the land”. And the land cares for us.

All of these laws and resolutions mean little or nothing if there are not free people to live these by example and change them when they no longer suit you. Laws are guidelines that help steer us in the direction of our highest ideals. Like the banks of a river, laws will hold strong, weaken or be torn down. It is up to the People, na Kanaka, to keep the banks of the river built-up or repair them when the water, representing conflict and uncertainty, begins to breech the edges and threatens our well-being.

One way to build the edges is to know the law. You do not have to follow the law. You are obligated to break the law if the laws are unfair or unjust.

5 Kanawai Mamalahoe

from Wikipedia, the free encyclopedia

Kānāwai Māmalahoe, or Law of the Splintered Paddle (also translated Law of the Splintered Oar), is a precept in Hawaiian law, originating with 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 on a military expedition in Puna.

His party encountered a group of commoners on a beach. While chasing two fishermen who had stayed behind to cover the retreat of a man carrying a child, Kamehameha’s leg was caught in the reef. One of the fisherman, Kaleleiki, hit him mightily on the head with a paddle in defense, which broke into pieces.

Kamehameha could have been killed at that point but the fisherman spared him. 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 complete original 1797 law in Hawaiian:

Kānāwai Māmalahoe :

E nā kānaka,
E mālama ‘oukou i ke akua
A e mālama ho‘i ke kanaka nui a me kanaka iki;
E hele ka ‘elemakule, ka luahine, a me ke kama
A moe i ke ala
‘A‘ohe mea nāna e ho‘opilikia.

Hewa nō, make.

Kamehameha I

 

English translation:

Law of the Splintered Paddle:

Oh people,
Honor thy god;
respect alike [the rights of] people both great and humble;
May everyone, from the old men and women to the children
Be free to go forth and lay in the road (i.e. by the roadside or pathway)
Without fear of harm.
 Break this law, and die.

Cultural context

It has been noted that Kānāwai Māmalahoe was not an invention of Kamehameha I, but rather an articulation of concepts regarding governmental legitimacy that have been held in Hawaiʻi for many prior generations. Countless stories abound in Hawaiian folklore of the removal of chiefs – generally, but not always, through popular execution – as a result of mistreatment of the common people, who have traditionally been intolerant of bad government. As a shrewd politician and leader as well as a skilled warrior, Kamehameha used these concepts to turn what could have been a point of major popular criticism to his political advantage, while protecting the human rights of his people for future generations.

Modern relevance and controversy

Kānāwai Māmalahoe has been applied to Hawaiian rights, elder law, children’s rights, homeless advocacy, and bicyclist safety.

It also appears as a symbol of crossed paddles in the center of the badge of the Honolulu Police Department. It is an unofficial symbol of the William S. Richardson School of Law, reflecting its ethos for legal education.

As such, particularly in consideration of the human rights concerns of the Hawaiian sovereignty movement (in which the State of Hawaii is generally viewed as de facto, or lacking legitimacy),

Kānāwai Māmalahoe has been the subject of extended controversy. Issues surround the use of the law of Kamehameha I in the State’s constitution and the treatment of homeless persons, especially those of native descent, many of whom reside upon ancestral lands that have been converted to public use or private property under State law.

6 History of the hawaiian flag

FLAGS HAVE DIFFERENT LIVES THROUGH HISTORY…

The flag that you are looking at is not the official flag of the Lawful Hawaiian Government, nor the flag of the de facto State of Hawai‘i, and not even the flag of any Hawaiian groups.

Note: Colors are Green Red & Yellow from top to bottom.

It is a historical Hawaiian flag, which once was the flag of the Hawaiian admiralty and flown at high seas. Although today we have no Hawaiian armada, the flag survived and it became ke hae o ka mana o nā kānaka maoli, the “flag of the native Hawaiians’ power” (also known as the “kānaka maoli flag” or “Hawaiian solidarity flag”) symbolizing our determination to regain our independence, retain our sovereignty and maintain our solidarity with each other. This is the only non-colonial Hawaiian flag.

Who flies these flags today? Not only the native Hawaiians, the kānaka maoli, but also those who believe in their cause and support their struggle. And these supporters are all over the world, because the case of the illegal occupation of Hawai‘i by the United States is getting more and more attention worldwide. By flying the flag you will also support this hard but noble struggle. It will also have a tremendous effect on our cause: those who see the symbol displayed will respect your courage and there will be others to follow suit, because people like to follow the brave ones.

What is the difference between flying the official Hawaiian flag and displaying the kānaka maoli flag? Flying only the official Hawaiian flag is pono (proper, good), but unfortunately it will hardly distinguish you from the occupiers who also fly the same flag. They fly it even on prison camps and prison buildings that hold a large number of kānaka maoli. But they will never fly the kānaka maoli flag, because they know its mana (power). The more flags we fly the stronger we become.

Remember that by displaying the flag we mean no harm to anyone and we do not invoke fear. The fear the occupiers have and disseminate is of their own choosing. Solidarity and its symbol is our choice. Be one of the brave ones and display the flag proudly, wear its symbol with pride, or spread the message on postcards by sending the picture of the flag to your newspaper, radio or television station, to the representatives of the United States, the de facto State of Hawai‘i, and your county, or if you live in a foreign country to the United States embassies!

Sovereignty, Solidarity, Independence !

 

Source: www.KanakaMaoliPower.org

According to Wikipedia:

The Kanaka Maoli (“true people” in the Hawaiian language) flag is sometimes claimed to be the original flag of the Kingdom of Hawaiʻi. To some, this flag symbolizes the Native Hawaiians, because the present Hawaiian flag, a hybrid of British and American symbolism, evokes images of colonialism. The colors are red-green-yellow, said to have been Kamehameha’s personal flag, and reintroduced by Kamehameha III. The central design is also present in the official coat of arms of the Kingdom of Hawaii.

Gene Simeona of Honolulu claims he has recreated the “original” Hawaiian green, red, and yellow striped flag, destroyed by British navy Captain, Lord George Paulet, when he seized Hawaii for five months in 1843. Simeona says a descendant of Paulet, whom he met on the grounds of Iolani Palace in 1999, told him the present Hawaiian flag is not the original. Simeona said he found the design in the Hawaii State Archives.

However, no evidence to date has supported this claim either in Hawaiian newspapers, historical sketches, nor any government documentation of that era. Critics[who?] often reference popular Jamaican reggae music with its dominance of Ethiopian flag colors as the obvious influence.

At the center of the flag is a green shield bearing a coat of arms of the kanaka maoli, made up of the royal kahili, the original Hawaiian royal standard. Crossing this kahili are two paddles, representing both voyaging traditions of Hawaiians, and Kamehameha’s Kānāwai Māmalahoe. There are nine stripes, unlike the eight striped flag of the present state of Hawaii. Each stripe represents a Hawaiian island.

They include: Hawaii Island, Maui, Kahoolawe, Lanai, Molokai, Oahu, Kauai, Niihau, and Nihoa. The last of these was officially part of the kingdom of Hawaii during the reign of Kamehameha IV even though it was not inhabited. According to this flag’s promoters, the green in the flag represents the maka ‘ainana (commoners), the land and goodness; the red represents the landed konohiki (middle class), genealogy and strength; and the yellow represents the alii, spirituality and alertness to danger.

Other flags have been proposed, and interpretations of colors, but even leaders of the Hawaiian sovereignty movement often use the current state flag, since it was in effect after 1843.

7 History of the Union-Jack lookin Flag

 

The colonial, British-looking flag, according to Wikipedia:

The flag of the [de facto] state of Hawaii (Hawaiian: Ka Hae Hawaii) is the official standard symbolizing Hawaii as a U.S. state. The same flag had also previously been used by the kingdom, protectorate, republic, and territory of Hawaii. It is the only U.S. state flag to feature the Union Flag of the United Kingdom, a remnant of the period in Hawaiian history when it was associated with the British Empire.

Design

The flag of Hawaii flying in Haleakalā National Park

The canton of the flag of Hawaii contains the Union Flag of the United Kingdom, prominent over the top quarter closest to the flag mast. The field of the flag is composed of eight horizontal stripes symbolizing the eight major islands (Hawaii, Oahu, Kauai, Kahoolawe, Lānai, Maui, Molokai and Niihau). A ninth stripe was once included, representing the island of Nihoa.

Other versions of the flag have only seven stripes, probably representing the islands with the exception of Kahoolawe or Niihau. The color of the stripes, from the top down, follows the sequence: white, red, blue, white, red, blue, white, red. The colors were standardized in 1843, although other combinations have been seen and are occasionally still used.


Origins

There are various accounts of the earliest history of the flag of Hawaii. One relates how King Kamehameha I flew a British flag, probably a Red Ensign, given to him by British explorer Captain George Vancouver as a token of friendship with King George III. Subsequent visitors reported seeing the flag flying from places of honor.

An adviser to Kamehameha noted that the Union Flag could draw Hawaii into international conflict, as his kingdom could be seen as an ally of the United Kingdom, and he subsequently lowered the Union Flag over his home at Kamakahonu. While disputed as historically accurate, one account stated that in order to placate American interests during the War of 1812, a flag of the United States was raised over Kamehameha’s home, only to be removed when British officers in the court of Kamehameha vehemently objected to it.

This explains why the resulting flag of Hawaii was a deliberate hybrid of the two nations’ flags.

In 1816, Kamehameha commissioned his own flag to avoid this conflict, which has evolved into the current flag. It was probably designed by one of the commanders of the Royal Hawaiian Navy, former officers of the British Royal Navy, who advised Kamehameha, based on a form of the British naval flag. There is debate as to the actual designer: some credit Alexander Adams, others George Beckley. It was very similar to the flag of the British East India Company in use about this time which had only red and white stripes. Captain Adams used this flag for the first time on a Hawaiian trade mission to China in 1817.

The original flag was designed to feature stripes alternating in the order red-white-blue, also attributed to various historical flags of the United Kingdom. The flag used at the first official flying of the flag of Hawaii erroneously placed the stripes in the order white-red-blue, although it seems explorers to the island disagree about the exact order of colors and the number of stripes up to the late 1840s. There may have been possibly different versions of the flag with different numbers of stripes and colors. The number of stripes also changed: originally, the flag was designed with either seven or nine horizontal stripes, and in 1845 it was officially changed to eight stripes. The latter arrangement was adopted and is used today.

___________________________________

Conclusion: There are two major flags representing the Hawaiian Kingdom. Uniting under one banner is a powerful tool for official independence. It is highly unlikely that those presently flying the Kanaka Maoli flag will EVER fly the Union Jack or American flag again.

Therefore, those who have long been flying the Union Jack looking flag are asked to set aside patronage to a flag and instead give homage to a Nation. The Kanak Maoli flag is a flag of the people of the Hawaiian Nation.

No matter how much I may love Great Britain, England and the Union Jack Flag, it’s an age-old symbol of exploitation, war and deception. The Kanaka Maoli flag is a symbol of mana, aloha and genuine freedom and sovereignty.

Ultimately, it is up to the people to decide and the final flag representing the Hawaiian Nation will be voted upon. Meanwhile, one is gaining popularity and significance. The other is a dying symbol of an old and wicked paradigm of iron-fisted control, oppression and colonization of the free world.

8 Kingdom of Hawai’i

Constitution of 1840

Note: there are also the Hawaiian Kingdom Constitutions of 1852 – 1864 – 1887 – 1893. Only the first and last are included here.

DECLARATION OF RIGHTS,
BOTH OF THE PEOPLE AND CHIEFS.

“God hath made of one blood all nations of men to dwell on the earth,” in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands.

These are some of the rights which He has given alike to every man and every chief of correct deportment; 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 laws.

God has also established government, and rule for the purpose of peace; but in making laws for the nation it is by no means proper to enact laws for the protection of the rulers only, without also providing protection for their subjects; neither is it proper to enact laws to enrich the chiefs only, without regard to enriching their subjects also, and hereafter there shall by no means be any laws enacted which are at variance with what is above expressed, neither shall any tax be assessed, nor any service or labor required of any man, in a manner which is at variance with the above sentiments.

PROTECTION FOR THE PEOPLE DECLARED.

The above sentiments are hereby published for the purpose of protecting alike, both the people and the chiefs of all these islands, while they maintain a correct deportment; that no chief may be able to oppress any subject, but that chiefs and people may enjoy the same protection, under one and the same law.

Protection is hereby secured to the persons of all the people, together with their lands, their building lots, and all their property, while they conform to the laws of the kingdom, and nothing whatever shall be taken from any individual except by express provision of the laws. Whatever chief shall act perseveringly in violation of this constitution, shall no longer remain a chief of the Hawaiian Islands, and the same shall be true of the Governors, officers,and all land agents.

But if any one who is deposed shall change his course, and regulate his conduct by law, it shall then be in the power of the chiefs to reinstate him in the place he occupied previous to his being deposed.

CONSTITUTION

It is our design to regulate our kingdom according to the above principles and thus seek the greatest prosperity both of all the chiefs and all of the people of these Hawaiian Islands. But we are aware that we cannot ourselves alone accomplish such an object–God must be our aid, for it is His province alone to give perfect protection and prosperity.–Wherefore we first present our supplication to HIM, that he will guide us to right measures and sustain us in our work.

It is therefore our fixed decree,

I. That no law shall be enacted which is at variance with the word of the Lord Jehovah, or at variance with the general spirit of His word. All laws of the Islands shall be in consistency with the general spirit of God’s law.

II. All men of every religion shall be protected in worshipping Jehovah, and serving Him, according to their own understanding, but no man shall ever be punished for neglect of God unless he injures his neighbor, of bring evil on the kingdom.

III. The law shall give redress to every man who is injured by another without a fault of his own, and shall protect all men while the conduct properly, and shall punish all men who commit crime against the kingdom or against individuals, and no unequal law shall be passed for the benefit of one to the injury of another.

IV. No man shall be punished unless his crime be first made manifest, neither shall he be punished unless he be first brought to trail in the presence of his accusers, and they have met face to face, and the trail having been conducted according to law, and the crime made manifest in their presence, the punishment may be inflicted.

V. No man or chief shall be permitted to sit as judge of act on a jury to try his particular friend (or enemy), or one who is especially connected with him. Wherefore if any man be condemned or acquitted, and it shall afterwards be made to appear, that some one who tried him acted with partiality for the purpose of favoring his friend (or injuring his enemy), or for the purpose of enriching himself, then there shall be a new trial allowed before those who are impartial.

EXPOSITION OF THE PRINCIPLES ON WHICH THE PRESENT DYNASTY IS FOUNDED.

The origin of the present government, and system of polity, is as follows: Kamehameha I, was the founder of the kingdom, and to him belonged all the land from one end of the Islands to the other, though it was not his own private property. It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property. Wherefore, there was not formerly, and is not now any person who could or can convey away the smallest portion of land without the consent of the one who had, or has the direction of the kingdom.

These are the persons who have had the direction of it from that time down, Kamehameha II, Kaahumanu I, and at the present time Kamehameha III. These persons have had the direction of the kingdom down to the present time, and all documents written by them, and no others are the documents of the kingdom.

The kingdom is permanently confirmed to Kamehameha III, and his heirs, and his heir shall be the person whom he and the chiefs shall appoint, during his life time, but should there be no appointment, then the decision shall rest with the chiefs and house of Representatives.

PREROGATIVES OF THE KING.

The prerogatives of the King are as follows: He is the sovereign of all the people and all the chiefs. The kingdom is his. He shall have the direction of the army and all the implements of war of the kingdom. He also shall have the direction of the government property–the poll tax–the land tax–the three days monthly labor, though in conformity to the laws. He also shall retain his own private lands, and lands forfeited for the non-payment of taxes shall revert to him.

He shall be the chief judge of the Supreme Court, and it shall be his duty to execute the laws of the land, also all decrees and treaties with other countries, all however in accordance with the laws.

It shall also be his prerogative to form treaties with the rulers of all other kingdoms, also to receive ministers sent by other countries, and he shall have power to confirm agreements with them.

He shall also have power to make war in time of emergency, when the chiefs cannot be assembled, and he shall be the commander-in-chief. He shall also have power to transact all important business of the kingdom which is not by law assigned to others.

RESPECTING THE PREMIER OF THE KINGDOM.

It shall be the duty of the King to appoint some chief of rank and ability, to be his particular minister, whose title shall be Premier of the Kingdom. His office and business shall be the same as that of Kaahumanu I, and Kaahumanu II. For even in the time of Kamehameha I, life and death, condemnation and acquittal were in the hands of Kaahumanu. When Kamehameha I, died, his will was, “The Kingdom is Liholiho’s, and Kaahumanu is his Minister.” That important feature of the government, originated by Kamehameha I, shall be perpetuated in these Hawaiian Islands, but shall always be in subserviency to the law.

The following are the duties of the Premier: All business connected with the special interests of the kingdom, which the King wishes to transact, shall be done by the Premier under the authority if the King. All documents and business of the kingdom executed by the Premier, shall be considered as executed by the King’s authority. All government property shall be reported to him (or her) and he (or she) shall make it over to the King.

The King shall not act without the knowledge of the Premier, nor shall the Premier act without the knowledge of the King, and the veto of the King on the acts of the Premier shall arrest the business. All important business of the kingdom which the King chooses to transact in person, he may do it but not without the approbation of the Premier.

GOVERNORS.

There shall be four Governors over these Hawaiian Islands–one for Hawaii–one for Maui and the Islands adjacent–one for Oahu, and one for Kauai and the adjacent Islands. All the Governors, from Hawaii to Kauai shall be subject to the King.

The prerogatives of the Governors and their duties, shall be as follows: Each Governor shall have the general direction of the several tax gatherers of his island, and shall support them in the execution of all their orders which he considers to have been properly given, but shall pursue a course according to law, and not according to his own private views. He also shall preside over all the judges of his island, and shall see their sentences executed as above. He shall also appoint the judges and give them their certificates of office.

All the Governors, from Hawaii to Kauai shall be subject not only to the King, but also to the Premier.

The Governor shall be the superior over his particular island or islands. He shall have charge of the munitions of war, under the direction of the King, however, and the premier. He shall have charge of the forts, the soldiery, the arms and all the implements of war. He shall receive the government dues and shall deliver over the same to the Premier. All important decisions rest with him in times of emergency, unless the King or Premier be present. He shall have charge of all the King’s business on the island, the taxation, new improvements to be extended, and plans for the increase of wealth, and all officers shall be subject to him. He shall also have power to decide all questions, and transact all island business which is not by law assigned to others.

When either of the Governors shall decease, then all the chiefs shall assemble at such place as the King shall appoint, and shall nominate a successor of the deceased Governor, and whosoever they shall nominate and be approved by the King, he shall be the new Governor.

HOUSE OF NOBLES.

At the present period, these are the persons who shall sit in the government councils, Kamehameha III, Kekauluohi, Hoapiliwahine, Kuakini, Kekauonohi, Kahekili, Paki, Konia, Keohokalole, Leleiohoku, Kekuanaoa, Kealiiahonui, Kanaina, Keoni Ii, Keoni Ana, and Haalilio. Should any other person be received into the council, it shall be made known by law. These persons shall have part in the councils of the kingdom. No law of the nation shall be passed without their assent. They shall act in the following manner: They shall assemble annually, for the purpose of seeking the welfare of the nation, and establishing laws for the kingdom. Their meetings shall commence in April, at such day and place as the King shall appoint.

It shall also be proper for the King to consult with the above persons respecting all the great concerns of the kingdom, in order to promote unanimity and secure the greatest good. They shall moreover transact such other business as the King shall commit to them.

They shall still retain their own appropriate lands, whether districts of plantations, or whatever divisions they may be, and they may conduct the business on said lands at their discretion, but not at variance with the laws of the kingdom.

RESPECTING THE REPRESENTATIVE BODY.

There shall be annually chosen certain persons to sit in council with the Nobles and establish laws for the nation. They shall be chosen by the people, according to their wish, from Hawaii, Maui, Oahu and Kauai. The law shall decide the form of choosing them, and also the number to be chosen. This representative body shall have a voice in the business of the kingdom. No law shall be passed without the approbation of a majority of them.

RESPECTING THE MEETINGS OF THE LEGISLATIVE BODY.

There shall be an annual meeting as stated above; but if the Rulers think it desirable to meet again they may do it at their discretion.

When they assemble, the Nobles shall meet by themselves and the representative body by themselves, though at such times as they shall think it necessary to consult together, they may unite at their discretion.

The form of doing business shall be as follows: The Nobles shall appoint a Secretary for themselves who at the meetings shall record all decisions made by them, and that book of records shall be preserved in order that no decrees affecting the interests of the kingdom may be lost.

The same shall be done by the representative body. They too shall choose a Secretary for themselves, and when they meet for the purpose of seeking the interests of the kingdom, and shall come to a decision on any point, then that decision shall be recorded in a book, and the book shall be preserved, in order that nothing valuable, affecting the interests of the kingdom should be lost; and there shall no new law be made, without the approbation of a majority of the Nobles and also a majority of the representative body.

When any act shall have been agreed upon by them, it shall thin be presented to the King, and if he approve and sign his name, and also the Premier, then it shall become a law of the kingdom, and that law shall not be repealed until it is done by the voice of those who established it.

RESPECTING THE TAX OFFICERS.

The King and Premier shall appoint Tax Officers, and give them their certificates of office. There shall be distinct tax officers for each of the islands, at the discretion of the King and Premier.

When a tax officer has received his certificate of appointment, he shall not be dismissed from office without first having a formal trial, and having been convicted of fault, at which time he shall be dismissed. Though if the law should prescribe a given number of years as the term of office, it may be done.

The following are the established duties of the tax officers. They shall assess the taxes and give notice of the amount to all the people, that they may understand in suitable time. The tax officers shall make the assessment in subserviency to the orders of the Governors, and in accordance with the taxes are to be gathered, they shall gather them and deliver the property to the Governor, and the Governor shall pay it over to the Premier, and the Premier shall deliver it to the King.

The tax officers shall also have charge of the public labor done for the King, though if they see proper to commit it to the land agents it is well but the tax officers being above the land agents shall be accountable for the work. They shall also have charge of all new business which the King shall wish to extend through the kingdom. In all business however they shall be subject to the Governor.

The tax officers shall be the judges in all cases arising under the tax law. In all cases where land agents or landlords are charged with oppressing the lower classes, and also in all cases of difficulty between land agents and tenants, the tax officers shall be the judges, and also all cases arising under the tax law enacted on the 7th of June, 1839.

They shall moreover perform their duties in the following manner: Each tax officer shall be confined in his authority to his own appropriate district. If a difficulty arises between a land agent and his tenant, the tax officer shall try the case and if the tenant be found guilty, then the tax officer, in connection with the land agent and his tenant, the tax officer shall try the case and if the tenant be found guilty, then the tax officer, in connection with the land agent shall execute the law upon him. But if the tax officer judge the land agent to be in fault, then he shall notify all the tax officers of his particular island, and if they are agreed,they shall pass sentence on him and the

governor who shall have power to try the case again, and if exceptions are taken to the decision of the Governor, on information given to the Supreme Judges, there shall be a new and final trial before them.

OF THE JUDGES

Each of the Governors shall at his discretion, appoint judges for his particular island, two or more as he shall think expedient, and shall give them certificates of office, After having received their certificates, they shall not be turned out, except by impeachment, through it shall be proper at any time for the law to limit the term of office.

They shall act in the following manner: They shall give notice before hand of the days on which courts are to be held. When the time specified arrives, they shall then enter on the trails according as the law shall direct. They shall be the judges in case arising under all the laws excepting those which regard taxation, or difficulties between land agents, or landlords and their tenants. They shall be sustained by the Governor, whose duty it shall be to execute the law according to their decisions. But if exceptions are taken to their judgment, Whosoever takes them may appeal to the supreme judges.

Their business shall be to settle all cases of difficulty which are left unsettled by the tax officers and common judges. They shall give a new trial according to the conditions of the law. they shall give previous notice of the time for holding courts, in order that those who are in difficulty may appeal. The decision of these shall be final. There shall be no further trial after theirs. Life, death, confinement, fine, and freedom, from it, are all in their hands, and their decisions are final.

OF 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.

The above constitution has been agreed to by the Nobles, and we have hereunto subscribed our names, this eighth day of October, in the year of our Lord 1840, at Honolulu, Oahu.

(Signed) Kamehameha III.

Kekauluohi

9 Kingdom of Hawaii
Constitution of 1893

From Wikipedia, the free encyclopedia

Queen Liliʻuokalani wrote the draft 1893 constitution.

The 1893 Constitution of the Kingdom of Hawaiʻi was a proposed replacement of the Constitution of 1887, primarily based on the Constitution of 1864 put forth by Queen Lili’uokalani. While it never became anything more than a draft, the constitution had a profound impact on Hawaiʻi’s history: it set off a chain of events that eventually resulted in the overthrow of the Hawaiian Kingdom.

Background

Prior to 1887, the monarchs of Hawaiʻi ruled the kingdom as executive monarchs. Following the writing of the 1887 Constitution, however, the monarch was reduced to a mere figurehead.

During the 1890 legislature, the Hawaiian king, David Kalākaua, backed a number of proposals to amend or rewrite the 1887 constitution. However, all of these measures failed.

In 1891, Liliʻuokalani ascended the throne. In 1892, she backed measures in the kingdom’s legislature to amend or rewrite the constitution. However, the measures failed as they had during the reign of her brother. Among the measures that failed was an amendment that would lower the property requirement to vote so most of the general public could vote. When that was voted down, many Hawaiian citizens protested. Thousands petitioned the Queen to issue a new constitution as Kamehameha V had done in 1864 (the Constitution of 1864).

The Proposed Constitution

The constitution that Liliʻuokalani proposed differed from the 1887 constitution in the following respects:Members of the privy council, notary public, and agents would be able to run for the legislature.Princess Kaʻiulani, Prince Kawānanakoa and Prince Kalanianaʻole would be added to the line of succession.The Queen would be given the power to call meetings of the legislature.The legislature would meet for regular sessions in April instead of May.The Queen’s private lands and other property were made inviolable.

The Queen would sign all bills before they became law. Under the 1887 constitution, any bills vetoed by the Queen and then repassed by the legislature with a two-thirds majority would automatically become law without the signature of the Queen. Under the proposed 1893 constitution, the Queen would be obligated to sign all bills repassed by the legislature with a two-thirds majority.The pay of the legislators would be increased to $250 from $500.

Nobles would be appointed by the Queen instead of elected.The number of representatives could be increased from 24 to 48.

Property requirements for voters were decreased.American and European residents, granted suffrage in 1887, would lose the right to vote.

Supreme court judges would be appointed for six years instead of for life.
The Queen would be able to appoint governors of each island for four years.

Backlash

Queen Liliʻuokalani met with her ministers at ʻIolani Palace about her new constitution while thousands of Native Hawaiians waited outside for the constitution’s proclamation.

On January 14, 1893, the Queen met with her cabinet at ʻIolani Palace to discuss her proposed constitution. None of her ministers agreed to sign the constitution, believing that having the Queen simply proclaim a new constitution would spark unrest. The ministers went so far as to inform the Queen’s political enemies of her plans, and were afraid of her threats of mob violence if they didn’t follow her orders.[2] The Queen finally gave in late that afternoon, but the wheels of her overthrow had already been set in motion.

Outside, a large crowd of Native Hawaiians had gathered, expecting the Queen to proclaim a new constitution. However, after her meeting with her cabinet, Liliʻuokalani instead went outside onto the palace balcony and told the crowd that a new constitution would have to wait and that they should peacefully return to their homes.

That evening, a group of the Queen’s opponents met to discuss the events of the day. Most were concerned over the Queen’s attempt to restore the power of the crown. Some annexationists, like Henry Baldwin, urged moderation but others, like Lorrin A. Thurston urged the overthrow of the monarchy. A plan of action was created by the group, including the creation of a Committee of Safety, the overthrow of the monarchy, the establishment of a provisional government, and the petitioning for annexation to the United States.

The following Monday, the Queen issued a statement saying that she would not attempt to amend the constitution except by the means provided in the 1887 constitution. However, the Committee of Safety did not believe her promise was sincere, and continued with their planning. A group of men mostly drawn from the ranks of the Reform Party of the Hawaiian Kingdom formed the Committee of Safety and asked the United States Minister, John L. Stevens, to land troops from the U.S.S. Boston (anchored in Honolulu Harbor) into Honolulu, to protect American lives and property. John L. Stevens, reacting to what he saw as potential unrest as the internal crisis continued, requested the landing of about 160 Marines, who were given specific orders by Captain G. C. Wiltse to “land in Honolulu for the purpose of protecting our legation, consulate, and the lives and property of American citizens, and to assist in preserving public order.” At 2:00pm on January 17, 1893, a proclamation was read on the steps of Government building, declaring the monarchy overthrown. U.S. peacekeepers were at the time stationed at Arion Hall, the U.S. Consulate, and the U.S. Legation, under orders of strict neutrality and out of any potential line of fire between the Provisional Government and Royalist forces. The Queen abdicated under protest ostensibly “to the superior force of the United States government”, though her surrender was delivered to the Provisional Government, not the United States. The Kingdom of Hawaiʻi had ended, and a new provisional government was declared.

The Provisional Government quickly gained recognition from the United States Government and all the other governments with embassies in Hawaiʻi, but was opposed by the administration of Grover Cleveland for years as he attempted to restore the monarchy, beginning with the Blount Report. President Grover Cleveland, in a message to Congress on December 18, 1893, denounced the actions of Minister Stevens, the Honolulu Rifles and the Committee of Safety as an “act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress.” Following the Morgan Report submitted by Congress on February 26, 1894, Cleveland reversed his stance, rebuffed the Queen’s further requests for interference in the matter, and acknowledged the Provisional Government as legitimate.


Special Note: the above about Grover Cleveland may not be true. He was always in support of Lilioukalani and the Hawaiian Kingdom


Liliuokalani’s trial

In 1895, an abortive attempt by Hawaiian royalists to restore Queen Liliʻuokalani to power resulted in the queen’s arrest. She was forced to sign a document of abdication that relinquished all her future claims to the throne. Following this, she was subject to a public trial before a military tribunal in her former throne room.

Convicted of having knowledge of a royalist plot, Liliʻuokalani was fined $5000 and sentenced to five years in prison and hard labor. The sentence was commuted to imprisonment in an upstairs bedroom of ʻIolani Palace. During her imprisonment, the queen was denied any visitors other than one lady in waiting. She began each day with her daily devotions followed by reading, quilting, crochet-work, or music composition.

After her release from ʻIolani Palace, the queen remained under house arrest for five months at her private home, Washington Place. For another eight months she was forbidden to leave Oʻahu before all restrictions were lifted.

10 House of Kawānanakoa

From Wikipedia, the free encyclopedia

The House of Kawānanakoa, or the Kawānanakoa Dynasty in Waiting, are heirs presumptive to the throne of the Kingdom of Hawaiʻi.



Origins

A collateral branch of the reigning House of Kalākaua (from Kauaʻi island) and descendants of chiefs of areas such as Waimea on Hawaiʻi island, the dynastic line was established by Prince David Kawānanakoa who was declared to be in the line of royal succession through a proclamation of King David Kalākaua. He was the son of High Chief David Kahalepouli Piʻikoi and High Chiefess Victoria Kinoiki Kekaulike. Kawānanakoa was engaged to Princess Victoria Kaʻiulani on February 3, 1898, who would have become a monarch in her own right upon the death of Queen Liliʻuokalani had she not predeceased her.

David Kawānanakoa’s paternal ancestry comes from a cadet branch of the Kauaʻi royal family. His paternal grandmother High Chiefess Kekahili was a half-sister of High Chief Caesar Kapaʻakea, the father of Kalākaua, both being children of the Chiefess Kamokuiki. This made her an aunt of King Kalākaua and Queen Liliʻuokalani, which makes the Kawānanakoas the closest surviving collateral relatives of the Kalākaua reigning house. The said grandmother descended, besides from the ancient line of chiefs of Kauaʻi, also from the chief of Kaʻū, a great-uncle of King Kamehameha I.

However, the more higher ranking ancestry of David Kawānanakoa actually is that through his mother. His maternal grandmother High Chiefess Kekaulike Kinoiki was the daughter of the last king of Kauaʻi and Niʻihau Kaumualiʻi. She was the granddaughter of Kaneoneo, who attempted to take Oʻahu back from Kahekili II in rebellion. She descended from the lines of high chiefs of Niʻihau, Koloa, Oʻahu, Kauaʻi and Maui. High Chief Kūhiō Kalanianaʻole the maternal grandfather Kanekoa, on his part, was a descendant of several district of the island of Hawaiʻi (such as Waimea, Kona and Hilo) and descended directly from the chief of Waimea. Kanekoa was the half-uncle of King Kamehameha I who himself was originally a chief of Kona. Being descendants of a first cousin of that first king, the Kawānanakoas are next closest of the surviving relatives of the House of Kamehameha after the House of Laʻanui who descend from the Kamehameha’s brother, as claimed by Owana Salazar.

The House of Kawānanakoa survives today and is the only recognizedroyal family of the United States. Members of the family are sometimes called prince and princess, as a matter of tradition and respect of their status as aliʻi or chiefs of native Hawaiians, being lines of ancient ancestry.

The House of Kawānanakoa in contemporary Hawaiian politics is closely aligned with the Hawaii Republican Party, a political party it helped organize since the creation of the Territory of Hawaiʻi. Its matriarch, Abigail Kawānanakoa, became a national party leader in the early years of the twentieth century.

While many historians, members of the government of Hawaiʻi (as a matter of opinion and not policy), and some Hawaiʻi residents consider the House of Kawānanakoa the rightful heirs to the throne, smaller factions of native Hawaiians with objections to the family’s ties to the Hawaiʻi Republican Party have chosen instead to support various other branches of aliʻi lines, such as descendants of collateral branches of the extended House of Kamehameha (to which both the Kalākaua and Kawānanakoa dynasties are distantly related, too) as having rights to the throne. An even smaller group would like to maintain the abolition of the monarchy and organize a democratic republic should native Hawaiians achieve independence.

Heirs Presumptive

Should the Hawaiian sovereignty movement succeed in the reinstitution of the Hawaiian monarchy, the heir presumptive would be declared monarch with the mandate of a plebiscite and constitution. The line split with the childless death of Prince David Kalākaua Kawānanakoa in 1953. His sisters (in birth order) Abigail Kapiʻolani Kawānanakoa and Lydia Liliʻuokalani Kawānanakoa each had children. Abigail Kapiʻolani Kawānanakoa had three children (in birth order): Edward Keliʻiahonui Kawānanakoa (1924 1997), Virginia Poʻomaikelani Kawānanakoa (1926–1998) and Esther Kapiʻolani Kawānanakoa (1928–present). Edward Keliʻiahonui Kawānanakoa is survived by five children. Virginia Poʻomaikelani Kawānanakoa died childless. Esther Kapiʻolani Kawānanakoa married the Marchese Filippo Marignoli and has three children. Lydia Liliʻuokalani

Kawānanakoa has one daughter, Abigail Kinoiki Kekaulike Kawānanakoa, who has been active in various causes for the preservation of native Hawaiian culture, most especially the restoration of ʻIolani Palace; she created a bit of a stir when she allowed Life magazine to publish a photograph of herself sitting on the throne—which some thought was claiming to be Queen. However, she never married and is beyond childbearing years, so her claim would pass in any case to her cousin, Quentin Kawānanakoa.

ABOUT THE AUTHOR

Kawika Kawananakoa is President of the Ahupua’a Association whose mission is activating the Ahupua’a in every district on every island.

He lives in the Lawa’i Ahpupua’a of Kaua’I where he recognizes and honors all Kanaka Maoli and those born in Hawai’i as being heirs and beneficiaries to the lands and self-governing of the Hawaiian Nation.

“It has been written that the Kawananakoa Family Dynasty is the only Royal Family according to the United States, that we are the only rightful heirs to the throne and to the Crown Lands. This is not so. There was a split in the line of Kamehameha.

King David Kalakaua’s last wishes were that it be left up to the people. So those who dare to lead now at this time are an honored few in the midst of such turmoil and uncertainty. One thing is for certain, the land has been mis-used and abused. The people have been oppressed, beaten and jailed. They are being kicked off of land that has been in their immediate family for generations. It is time to rise. Set aside your differences. Govern your Nation of Hawaii!

I am committed to seeing a restored Hawaii according to the Hawaiian Kingdom Constitutions and to the brave souls stepping forward such as King Aleika Aiopolani, King Edward Silva, Prime Minister Henry Noa, Attorney General Tom Anthony and the many Nobles and Representatives.

 

As Hanalei “Henry” Noa put it, “We need an election.” He’s been holdin’ it down for the Lawful Hawaiian Government for more than a decade. Each and all of the other advocates of this Kingdom’s Sovereignty are an important and integal asset for our freedom and successful self-governing.

Laulima- together we can restore our nation and be an example for the rest of the world in the way of Ho’oponopono, Sustainability, Ecological Stewardship, Education, Renewable Energy, and the Spirit of Aloha.

-Kawika Kawananakoa

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