This blog is about Hawaii's status as an independent country under prolonged illegal occupation by the United States, and the history, culture, law & politics of the islands.

By Scott Crawford, Hana, Maui

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Draft Declaration of Permanent Occupation

Prof. Williamson Chang posted the following on his Facebook page:

Independence caucus at the Aha

The Caucus appointed me to draft two resolutions. The first declaration is still in draft and not for the public. I have decided that the second declaration should be sent to all outside the ‘Aha in light of the protests at the Gate yesterday. Invite comment and corrections.

5 Declaration No 5 Feb 23 1113 am Part II of the Maunawili Declarations “The Long Declaration as to Permanent Occupation

Declaration No. 5

Declaration that Hawaii is in a State of Unlawful Permanent Occupation by the United States of America and the Illegitimacy of United States and State title to lands as affecting the Bonding Capacity of both Governments

We the undersigned declare that:

1) The Kingdom of Hawaii has been subjected to an unlawful occupation by the United States of America since 1898-1900; said occupation is unprecedented in history in that it was initiated with the intent of permanent occupation; it is unprecedented by the fact that the United States, in two provisions of Congress, and in the Constitution of the State of Hawaii, confesses that is has no dominion over any of the waters and islands of the Hawaii; it is unprecedented in that the United States has successfully waged a century long propaganda campaign by which the people of Hawaii, the United States and the World believe that Hawaii is territory of the United States, and that;

2) The 2016 ‘Aha held for four weeks in Maunawili was intended by the United States and the State of Hawaii to establish a Federally Recognized Tribe of the Native Hawaiian people, by changing certain rules and regulations of the Department of Interior and by an ‘Aha or constitutional convention that would create the governing body of said Native Hawaiian “tribe” to be recognized by the Department of Interior, and that;

3) Such a scheme is unlawful as a matter of international law; for Hawaii remains a foreign country to the United States, either under International law or under United States law, notably the Supreme Court decisions in Neely v. Henkel;

4) And the United States has no power to establish or recognize a “federal tribe” in a foreign country, and the attempt to achieve that aim is a violation of the Hague and Geneva Conventions as an unlawful “regime change” under the laws occupation; and that

5) Given the participation of the Department of Interior, the State of Hawaii, and the Office of Hawaiian Affairs, in the creation of this ‘Aha, as well as the broken commitments, manipulation of the will of the Native Hawaiian people as expressed in the public hearings and written testimony before the Department of Interior; the cancellation of the election of delegates resulting from the interference of the United States Supreme Court, which amounts to a violation of the laws of occupation and self-determination, that therefore

6) This declarant refuses to condone, consent, or allow his participation in this ‘Aha to lend credibility to any action of this ‘Aha to further the establishment of a federally recognized tribe of Native Hawaiians,

7) That under this United States occupation the sovereignty of the underlying nation, the Kingdom of Hawaii, never acquired by the United States or extinguished, but atrophied by the successful campaign of deception waged by the United States to lead Native Hawaiians to believe that the Kingdom was extinguished, as a sovereign state continues to exist;

8) And that the government or said Kingdom of Hawaii is the Constitutional Monarchy under the Constitution of 1887 as affirmed by Queen Liliuokalani, that the so-called overthrow in 1893 and the supposed abdication of the Queen, are for various reasons null and void; that a Native Hawaiian Constitutional Convention was appropriately and properly convened in 1996 which proposed amendments to the 1887 Constitution which have yet to be approved by referendum of the Native Hawaiian people, such that the only appropriate act of this ‘Aha is to deem itself a continuation of that Constitutional Convention, where its only action should be to put the 1999 amendments before the Native Hawaiian people, in an appropriate manner, for referendum.

9) Wherefore, this declarant holds that under the present state of a permanent occupation of the Hawaiian Islands by the United States, by which the underlying sovereign, the Kingdom of Hawaii, as of 1893, under Queen Liliuokalani, has been denigrated and dismembered by the United States occupation, this ‘Aha cannot create the governing body for a federally recognized tribe, cannot create a new nation by adoption of a new constitution, and cannot amend the 1887 such amendments have already been approved in duly assembled Constitutional Convention (1991) and await the outcome of a referendum by the Native Hawaiian people;

10) And that declarant holds that his participation in this ‘Aha was for the purpose of adhering to the rules and principles of international and Kingdom law, and that his or her kuleana at this ‘Aha was to enforce such rules, even if no action is taken, in order to preserve the legacy of his or her ancestors.

11) And that any such attempt amounts to a violation of international law, as to the rules of occupation, and as to the rights of self-determination, which must be freely exercised and not the product of a state of unlawful occupation or oppression;

12) That under this permanent occupation of the United States, which the United States itself acknowledges by its laws that it has never acquired the Hawaiian Islands, yet rules as if it had acquired Hawaii

13) The Kingdom of Hawaii, a sovereign and independent state has been under a permanent state of occupation since 1893 in violation of international law, as applied in 1893, and today, and that

14) Under the Hague and Geneva Conventions the occupying power, the United States of America, can never acquire the territory or sovereignty of the occupied nation, the Kingdom of Hawaii; and that

15) The United States has admitted this wrong, in that President Grover Cleveland, after intensive investigation of the United States intervention in Hawaii;

16) In a public address of December 18, 1893, stated that the United States support of the overthrow of the Kingdom of Hawaii was an “act of war,” and a violation of the sovereignty of the Kingdom of Hawaii,

17) Wherein he promised the restoration of the government of Queen Liliuokalani, who had, on January 17, 1893, in the face of the un-consented landing of United States troops in Honolulu in support of an attempted coup d’état;

18) Did not surrender to the United States but yielded her executive and police powers as the head of the Kingdom to the President of the United States;

19) Wherein, the United States did not restore the government of the Kingdom of Hawaii under Queen Liliuokalani, as promised, but with the election of a new President, William McKinley in 1896, drafted a Treaty of Annexation on June 16, 1897 with a successor illegitimate regime, called the Republic of Hawaii, for the United States acquisition of Hawaii as a territory of the United States. And

20) Wherein said treaty was laid before the Senate in 1897, and was never ratified by the two third majority of Senators present, as required by Article II of the United States Constitution, and

21) Wherein, having failed to acquire Hawaii as a territory by treaty, the United States Congress, by a majority vote of the House and Senate in 1898, enacted a “Joint Resolution Providing for the annexing of the Hawaiian Islands,” 30 Stat 750, by whose terms, written solely by the United States without the consent of the Republic of Hawaii,

22) Said Republic of Hawaii was claimed to have ceded to the United States, both the sovereignty of the Hawaiian Islands, and all “public lands,” known as the “crown and government lands,” by Article 32 of the Constitution of the Republic of Hawaii, despite the clear fact that;

23) Article 32 of the Constitution of the Republic of Hawaii did not provide for the cession of either the sovereignty or public lands, but merely empowered the President of the Republic to negotiate a treaty with the United States for “commercial or political union;” wherein

24) The United States in said Joint Resolution of 1898, consented to the cession of sovereignty and lands, an interpretation irregularly and wrongfully derived from the Article 32, in order to claim that the Joint Resolution, merely a bill or act of Congress with no power to acquire the territory of another sovereign and independent nation under the international law principle of the equality of the sovereignty of states, wherein,

25) Said Joint Resolution of 1898 was passed by a majority of both the House and Senate, signed into law by the President of the United States on July 7, 1898, upon which ceremonies purporting to transfer Hawaii to the United States where held on August, 12, 1898, consisting of oral agreement between the President of the Republic of Hawaii and the American Minister to Hawaii that Hawaii was thereby acquired as territory of the United States, but,

26) Said ceremony, was deemed to have no significance in an opinion of the United States Attorney General, and whereby the Joint Resolution was never ratified, consented to by the Republic of Hawaii, and whereas after August 12, 1898, the Republic of Hawaii defied the terms and intent of the Joint Resolution as it continued to act as a sovereign nation, and not territorial appurtenance of the United States, in that;

27) The name “Republic of Hawaii,” continued to be used by the Government of Hawaii, said Government of Hawaii maintained relations with foreign sovereign governments, even concluding treaties with foreign nations, that the Republic of Hawaii continued to register ships under the Republic of Hawaii flag, a privilege reserved to sovereign independent nations,

28) That said Republic of Hawaii individually negotiated a damage settlement with the United Kingdom to the exclusion of the participation of the United States, and that said Republic of Hawaii continued to apply its own law, maintain its own Supreme Court and lower courts, and defy the application of the laws and constitution of the United States, including rejecting the application of the thirteenth amendment of the United States abolishing involuntary servitude in the United States and in any place under the jurisdiction of the United States as to the continuing practice of involuntary servitude in Hawaii after the effective date of the Joint Resolution, and by which;

29) Despite the terms of the Joint Resolution which purported to immediately convey title to all public lands in Hawaii to the United States on the effective date of said resolution, July 7, 1898, the President of the Republic of Hawaii refused to recognize the Joint Resolution and continued to make grants and gifts of public lands as President of Hawaii, by which;

30) Said actions were vehemently protested by the United States as contrary to the Joint Resolution, and by which the United States Attorney General issued two formal opinions forbidding the President of the Republic of Hawaii from making such grants of public lands, and by which the President of the United States issued an Executive Order declaring such grants void;

31) Which did not alter the practice of the President of the Republic of Hawaii but led to the appointment of a special emissary from the Republic of Hawaii to the United States President who proceeded to Washington, and in letters of said special ambassador to the President of the United States of October 1899, declared that the Republic of Hawaii had never ratified, consented to or acquiesced in the terms of the Joint Resolution, that such resolution was a unilateral action of the United States Congress, not a treaty ratified by and therefore binding on the Republic of Hawaii, wherein;

32) The forced application of United States law and the terms of the Joint Resolution on the Republic of Hawaii led to an interregnum and the absolute paralysis of legal, economic, and governmental matters such that by 1899 chaos reigned in Hawaii such that judges applying the law of the United States under the Joint Resolution released persons convicted and incarcerated under the laws of the Republic of Hawaii whereupon such persons where immediately re-indicted, convicted and jailed under the laws of the Republic of Hawaii, that this being;

33) An intolerable state of affairs, known as an “interregnum,” or a state in which there is no clear law or no law at all, the United States, under terms it wrote into the Joint Resolution, enacted in Congress an “organic act,” to create a government for the “Territory of Hawaii,” which was passed on April 30, 1900, taking effect June 14, 1900, which act, by its terms effectuated the purposes of the Joint Resolution, that;

34) The Hawaiian Islands became territory of the United States, the United States assumed sovereignty over Hawaii, and that the Joint Resolution also serve as a conveyance in fee of the crown and government lands of the Kingdom of Hawaii to the United States, and purported to extinguish the Kingdom of Hawaii both as a sovereign state and a legitimate government; however,

35) In said “Organic Act,” of 1900, there being no ratification or consent of the Joint Resolution by any government of Hawaii, and there being no cession or conveyance of the crown and government lands, or other public lands, by any government of Hawaii to the United States, the United States did not possess a unbroken chain of title to said public and other lands, and having no document affirming a sale or cession and its acceptance of such lands, the United States also lacked;

36) Any objective description, in metes and bounds, by natural monuments, by lines of longitude or latitude or by reference to political boundaries, as would be included as essential in any treaty of cession, that therefore the United States;

37) In article two of the “Organic Act,” of 1900, stated that the Territory of Hawaii consisted of those islands acquired by the Joint Resolution of 1898, knowing that during the United States Senate debate on the Joint Resolution that there were more than 46 statements in opposition to the Resolution by Senators solely on the grounds that no Joint Resolution, as a mere bill and unilateral act arising from the sovereignty of the United States, and not a treaty between nations, had no power to acquire either the sovereignty over the Hawaiian Islands or the fee interest in the public lands of Hawaii’ and that;

38) No single senator during the 1898 Senate debates on the Joint Resolution presented a coherent explanation as to how said Joint Resolution, without the ratification and consent of the government of Hawaii, and despite its rejection of the Joint Resolution, that therefore this declarant concludes;

39) That by the legislative history of the Joint Resolution did not acquire either the sovereignty or public, including crown and government lands of the Nation of Hawaii from the government of the Republic of Hawaii, having no such legislative intent, that the joint resolution, as its name provides merely “provided for” the future annexation of Hawaii, and that

40) Said acquisition of Hawaii as territory of the United States never did occur, that the Organic Act while purporting to acquire Hawaii and establish a government, undermine such objective in its own section two by excluding from said Territory all islands and waters of Hawaii, since no islands and waters can be acquired by the Joint Resolution, wherein, by section two of the Organic Act the dominion of the Territory are islands and waters acquired by said Joint Resolution; that therefore,

41) This second occupation of Hawaii by the United States began on the effective date of the Joint Resolution, July 7, 1898, but was successfully resisted by the sitting government of Hawaii such that the effective occupation of Hawaii began upon the effective date of the Organic Act, April 30, 1900, enacted to end the interregnum and chaos in Hawaii;

42) And that said state of occupation has become permanent, continuing to this day; that the United States Pacific Command in Hawaii refuses to acknowledge the state of occupation and abide by the Hague and Geneva Conventions, that this state of “permanent occupation” achieved by massive propaganda, mis-education, denationalization, deception and enforced by explicit use of police and military powers with the complete cooperation of the courts of the United States and the State of Hawaii, who refuse to recognize and follow the Rule of Law, or follow the plain and clear limitations on their territorial subject matter jurisdiction as set forth in Sections two of the Organic and Admission Act; and that said

43) Permanent occupation was reaffirmed by the admission of the Territory of Hawaii as a State in the Union of States; wherein

44) A deceptive plebiscite was held on June 27, 2959, where three questions were posed to the people of Hawaii, the first was whether said people desired admission as a state, the second, however, required the people of Hawaii to confirm boundaries drafted by Congress which defined the dominion of the new state as set forth in the Organic Act—as those islands acquired by the Joint Resolution, such that the people while overwhelmingly for statehood on question one, voted overwhelmingly that the state of Hawaii shall have no islands or waters, and thus neither the United States or the State of Hawaii had sovereignty over Hawaii and all its lands, or title to the public lands, the former crown and government lands, and that;

45) By the terms of the Admission Act in its section 7, unless the people of Hawaii approved question two by a majority, which meant there was no lands or waters in the new State of Hawaii and that said State, like the United States in 1900, was implicitly declared, by said act of admission had no unbroken chain of title to its so-called “ceded lands,” the former public lands consisting of the crown and government lands of the Kingdom of Hawaii, such that

46) The people of Hawaii, never being informed of the actual language or actual effect of an affirmative vote on question two of the plebiscite, overwhelmingly approved questions one on statehood and question two on the future State of Hawaii having no territory or dominion, that it is therefore agreed to by this declarant that;

47) That the United States did not acquire the Hawaiian Islands by the Joint Resolution of 1898, that the United States has been in permanent occupation of the Kingdom of Hawaii, the nation, since 1898 where occupation was resisted, and since 1900, where occupation was regulated under the deception of the creation of a Territory;

48) That said occupation, on the same terms and limitations, was reaffirmed upon the admission of the Territory as a State of the Union, but said state has no islands or waters or dominion as proposed by the federal definition drafted for approval by the people of Hawaii, who approved said proposed definition on June 27 1959, resulting in the change of the proposed state constitution to conform with the federal definition, dominion such that it is clear from the Constitution of the State of Hawaii and two United States statutes, that the United States has admitted that it;

49) The United States is in permanent occupation of the Kingdom of Hawaii and admits its lack of sovereignty and unbroken title to land by in its own laws and the Constitution of the State of Hawaii, in violation of the Hague and Geneva Conventions, international law, and the laws of the United States; and that

50) Enormous and extensive violations of the law of occupation, whether this be deemed belligerent occupation or occupation under the United States Supreme Court decision in Neely v. Henkel, have and continue to take place wherein,

51) The United States has systematically destroyed the underlying sovereignty and legal system of the Kingdom of Hawaii, claimed sovereignty over the Hawaiian Islands, used the Hawaiian Islands solely to advance its own military and expansionist objectives, populated the Hawaiian Islands with United States citizens and other immigrants such as to destroy the political power of nationals and denizens of the Kingdom of Hawaii and their descendants, and wherein,

52) The federal and state courts of the United States and Hawaii have ignored the Rule of Law, and have consistently assumed, without pause, territorial subject matter jurisdiction over all matters adjudicated in Hawaii;

53) Where by the State Constitution and Federal Law no such subject matter jurisdiction exists and where none has never been proved, in violation of United States laws, international law, and the canons and disciplinary rules that define the responsibilities of the bench and bar; and that;

54) Since 1898, the United States, the Territory of Hawaii and the State of Hawaii, have continuously violated the Hague and Geneva Conventions and the laws of the United States by the uncompensated appropriation of public and private lands, the abuse of said lands including using such lands for military purposes;

55) The storage of nuclear weapons in Hawaii, the failure to fulfill promises to restore lands to their original productive state, the degradation of cultural and natural resources such as the unremitting destruction of natural aquifers with known carcinogens; and that;

56) A full accounting of the unlawful acts, and wrongful conduct under the permanent occupation of the United States is too extensive to be noted here, and that such harms and wrongs, were too often justified, explained away, or tolerated by the people of Hawaii, and the world, by the incredibly successful propaganda campaign of the United States portraying Hawaii as a territory of the United States, “acquired” by the Joint Resolution of 1898, however,

57) The best evidence for conviction in a criminal proceeding is a confession and recently scholars and others have uncovered such evidence, in the overwhelming and vehement protest in the Senate debate in 1898 on the Joint Resolution;

58) That said Resolution had no power to acquire Hawaii, and in Sections two of the Organic Act of 1900 and the Admission Act of 1959, and Article XV of the Hawaii Constitution, which define the territory or dominion supposedly acquired by the Joint Resolution, as “those islands and waters acquired by the Joint Resolution,” meaning that the Territory and now State of Hawaii has no dominion since the Joint Resolution had no power to acquire territory of Hawaii, a foreign sovereign state; whereby said declarant states

59) That the Kingdom of Hawaii continues to exist as Nation and Government, albeit in atrophied state, that said government is derived from the Constitution of 1887 as subject to future amendment, that under permanent occupation the United States has no sovereignty over the land of Hawaii and does not possess title to the crown and government lands, as all private and public lands in Hawaii cannot demonstrate an unbroken or clean chain of title in light of the break in the chain of title by the Joint Resolution, unless said lands were never conveyed after 1898, and that

60) The United States has no legitimate title over any lands in Hawaii, and that such defect shall eventually, upon becoming known throughout the world have a negative impact on the economy of Hawaii as it compels the lowering of bond ratings as to those bonds issued based on land holdings of the State of Hawaii or the United States.

Drafted by Williamson Chang February 23, 2016

_________________ , ʻAha Participant

1 comment to Draft Declaration of Permanent Occupation

  • Riki

    Welcome to the Aloha Revolution ,
    Revenge is not our cause,
    Restoration of the Hawaiian Kingdom Nation Is.
    We no carry guns,
    We no make bombs,
    We no mo weapons of mass destruction .
    Our weapons of choice, Computers and massive amounts of Aloha & Creation ,
    We are rooted in ancient spiritual beliefs of ALOHA AINA & MALAMA O KE KAI ,
    One of the pillers of these beliefs is the Law of ” IHI KAPU ”
    Long Live the people of KO HAWAII PAE AINA who live and share these beliefs with all
    who visit or one live here, HAWAII NEI
    Welcome to the ALOHA REVOLUTION

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