ALERT-ALERT-ALERT: I have an extremely important situation to which EVERYONE needs to be aware!!
Group member, Amelia Gora has been trying to convince me for the past few days that the 1852 Hawaiian Kingdom Constitution is the valid Constitution of the Hawaiian Kingdom today. Amelia shared some information with me but not evidence of such quality that I could validate her claim.
I have been searching for days to locate reliable evidence to confirm or deny Amelia's claim, and because of my inability/lack of skill to locate reliable evidence to support Amelia's claim, and the lack of group members weighing in with evidence either way, I took it upon myself to continue recognizing the 1864 as the legitimate constitution.
Kumu Kanawai shared Article 105 of the 1852 Constitution, which specifies the process required to amend the 1852 Constitution. This caused me to continue my search for information to learn if the 1864 Constitution was lawfully adopted or not.
I just came upon some very interesting information from, of all places, Wikipedia. I normally don’t put much faith in Wikipedia because of propaganda I found there on the TMT project. Although this is true, the information on the 1864 Constitution was intriguing. Here’s what it said:
Background
Kamehameha V ascended the throne in 1863. He was a firm believer that the king should be the person firmly in control of Hawaii's government, as it had been done in Hawaii for hundreds of years before the passage of the 1840 and 1852 constitutions. Kamehameha V (as well as his predecessor, Kamehameha IV was often irritated by the controls on his power by the 1852 constitution.
Thus, when Kamehameha V ascended the throne, he refused to take an oath to the 1852 constitution. Instead, he called for a constitutional convention.
The Constitutional Convention
For the convention, delegates were elected by the population. They met at Kawaiahaʻo on July 7, 1864.
Kamehameha V, conferring with his advisors, drafted a constitution and presented it to the delegates of the Constitutional Convention. The members of the convention, however, were not able to agree on Kamehameha V's constitution. Their main concern was of Kamehameha V's new voting requirements.
Kamehameha V quickly grew impatient and dissolved the convention. Then, he simply announced that his constitution would replace the 1852 constitution as the ultimate law of the land, even though Kamehameha V's actions did not follow the provisions set by the 1852 constitution on amending the constitution.
Here’s the Wikipedia link in case anyone wants to read what is says directly:
https://en.wikipedia.org/…/1864_Constitution_of_the_Kingdom…
Because there were no references cited in Wikipedia related to this, my search for evidence continued and I ended up here: http://punawaiola.org/
I located the Meeting Minutes of the Privy Council, which met on August 20th and August 25th 1864.
On August 20th 1864, Kamehameha V signed the 1864 Constitution and took the Oath to support the same. Kamehameha V proceeded in administering the Oath to G. M. Robertson, acting Chancellor of the Kingdom and Chief Justice, and commanded G. M. Robertson to proceeded in administering the oath to all the Ministers, and to such of the Members of the Privy Council who having already read the Constitution were prepared to take it.
After the Oath was given to those who were prepared to take it, C.G. Hopkins, Minister of Interior moved an adjournment until August 25th at 11 A.M. to give time to other members of the Privy Council to read the new Constitution. This motion being seconded the Council adjourned accordingly.
The Privy Council reconvened at 11:00 AM on Aug 25th 1864. Kamehameha V stated that this meeting was called on as an Adjourned meeting from that of the 20th for the purpose of Administering the Oath to those who desired to take it and whom did not take it on the meeting of the 20th when the New Constitution was proclaimed.
All remaining individuals but one took the Oath on August 25th. The Privy Council convened at 11:00 AM Sept 22nd 1864 and the King expressed his wish that the Oath should be administered to Privy Council member, Theodore Heuck. This was carried out by G.M. Robertson. Theodore Heuck was also the architect for Queen’s Hospital and the first architect for the Royal Mausoleum at Mauna Ala.
So after all this explaining what am I saying? What I’m saying is that I now believe that there is sufficient evidence to validate Amelia’s claim, supported by Kumu Kanawai, that the 1864 was unlawfully adopted and that the 1852 Constitution remains the lawful Constitution of the Hawaiian Kingdom.
This matter is now open for discussion. Question, should we recognize the 1852 Constitution as the lawful Constitution of the Hawaiian Kingdom?
Mahalo for your patience and understanding, Paka
P.S., I tried my best to record the Privy Council meetings mentioned above and will add it to our group Files.
Replies
Another thread:
Isaac Harp uploaded a file.
Privy Council Meetings regarding unlawful process to adopt the 1864 Constitution. This process did not comply with requirements to amend the 1852 Constitution as required under Article 105 of the 1852 Constitution.
another discusssion:
Isaac Harp
Final opportunity to weigh in on Question #3 before we move on.
THE QUESTION:
Do we agree to elect Representatives as described under 1884 Compiled Laws of the Hawaiian Kingdom, ARTICLE XXXII-OF THE ELECTION OF REPRESENTATIVES, ELECTION DISTRICTS §780?
DISCUSSION:
In accordance with the law, we can have a total of 40 elected Representatives of the people, of which the distribution of 26 has already been determined by law.
The remaining 14 shall be distributed according to the 2014 US census distribution of Native Hawaiians and Other Pacific Islanders. Additional Representatives shall represent the district(s) with the largest population increase(s).
Since everyone has had a couple of days to review the information shared by members of the group, including myself, we should all be able to respond with a simple yes or no. Those who wish to respond please do. We will move on to another question on Monday.
Mahalo for your participation in this process! Paka
All men shall have the right, in an orderly and peaceable manner to assemble, without arms, to consult upon the common good; give instructions to their Representatives; and to petition the King or the Legislature for redress of grievances. True alo-ha (life-upfront) in your face petition with our names on it, and not hiding in a ballot box. like the. Ku e and Liliuokalani's constitution, our Queen answered her subjects petition for a new constitution. Which should be considered a valid constitution, enacted or not all of our acquired rights are cumulative.
In my opinion, he has made it possible for us to have this discussion, by educating our lahui and the International community.
Yes, his dissertation is based on the works of all aloha aina before him. It is not his alone.
Ko'u mana'o
Mahalo