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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Maunawili Declaration

From Prof. Williamson Chang’s Facebook page

The Maunawili Declaration No. 1

Williamson Chang and the International Committee

The Maunawili I Declaration: The United States has permanently Occupied the dominion of the Kingdom of Hawaii in violation of International and United States Law

We, the undersigned declare the following:

“The Kingdom of Hawaii,” is the name of the sovereign independent State which has been under the unlawful and continued occupation of the United States since 1900. Under such occupation, the United States exercises complete police power and control of the Hawaiian Islands.

The false belief that Hawaii was acquired by the United States has been kept alive by massive propaganda and deception whereby the United States acts “as if” it acquired Hawaii by a Joint Resolution. The occupation is unprecedented in that it has lasted for 116 years with no indication of termination.

Occupation under International Human Law must be temporary. The United States has never indicated that it will end the occupation of Hawaii.

Said occupation began on April 30, 1900, when the United States Congress passed “An Act to Provide a Government for the Territory of Hawaii” 31 Stat 141, which brought to an end the chaos created by the clash between the Republic of Hawaii and the United States as to whether Hawaii had actually been annexed.

Earlier, on July 7, 1898, the United States enacted a congressional Joint Resolution purportedly providing for the acquisition of the Hawaiian Islands and the taking of the public resources including the Crown and Government lands of the Kingdom of Hawaii.

The Republic of Hawaii resisted the imposition of the laws and constitution of the United States such [set forth in Maunawili 2] that the complete takeover by the United States was not effective until the Republic of Hawaii was driven into submission by the “Organic Act,” the short name of the Government Act named above 31 stat 141 effectively terminated all sovereign powers of the Republic.

The Republic of Hawaii since 1898, refused to acquiesce in the occupation. This can be seen in 1899 by a letter of the special ambassador from Hawaii, A.S. Hartwell, to President Mckinley stating that the Joint Resolution had no binding effect on Hawaii:

“. . . that instrument [the joint resolution] failed to accomplish or become evidence of a session of Hawaii to the United States. . . . Until such exchange or something equivalent to it [ratification of the treaty of 1897 by the United States] there could be no cession accomplished by mutual agreement.”

The earlier Treaty of Annexation of 1897 failed, due to the massive Kue petitions of Native Hawaiians in opposition to the treaty. The treaty failed as the annexationists could not garner the necessary 2/3rds vote of the Senators present, as required by Article II of the United States Constitution,

Thereafter, the Mckinley administration sought to by-pass the 2/3rd requirement in favor of a joint resolution which required only a majority vote.

There was loud and vehement opposition in the United States Senate to the treaty asserting that no sovereign nation such as Hawaii could not be acquired by a joint resolution.

A simple act of Congress cannot replace a treaty. As Senator Allen stated, among many others, a Joint Resolution is merely a statute or act with no ability to reach out into the dominion of another government and annex that government and its territory:

“A joint resolution if passed becomes a statute law. It has no other or greater force. It is the same as it would be if it were en¬titled “An act” instead of “A joint resolution.” That is its legal classification. It is therefore impossible for the Government of the United States, by statute or joint resolution, to reach across its boundary into the dominion of another government and annex that government or affect persons or property therein. But the United States may do so under the treaty-making power, which I shall hereafter consider,”

In conclusion, Hawaii is under permanent occupation by the United States in violation of the laws of occupation as set forth in the Hague and Geneva Conventions and their subsequent protocols, as well as the United States Supreme Court decision in Neely v. Henkel, 180 U.S, 109 (1901) and;

That Federal Recognition of Natives Hawaiians as an Indian tribe within Hawaii is unlawful as for Hawaii remains a foreign country to the United States, under both International and United States law, Neely v. Henkel 180 U.S. 109 (1901) and that 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;

That under this United States occupation the sovereignty of the underlying nation, as a sovereign state continues to exist as a Constitutional Monarchy under the Constitution of 1887 as affirmed by Queen Liliuokalani,

Therefore, the constitutions offered by this Committee are in essence, further amendments to the 1887 Constitution or the Constitution as prepared in 1999-2000; and that therefore are such Constitutions as submitted are, in essence, proposed amendments to the 1887 Constitution as the last legitimate Constitution affirmed by the monarch maintaining the continuity of sovereignty based on all Kingdom Constitutions since 1840, and furthers the continuity of sovereignty over the Hawaiian Islands.

Williamson Chang for the International Committee

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