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The Legitimate Government in Hawaii Series:  2014 Testimony and Request for Legal Review by Keoni Agard for Queen Emma Hawaiian Civic Club

Posted by Amelia Gora on June 28, 2021 at 7:53pm in Politics

The Legitimate Government in Hawaii Series:  2014 Testimony and Request for Legal Review by Keoni Agard for Queen Emma Hawaiian Civic Club 

                                                                  Review by Amelia Gora (2021)

The following testimony was posted on Facebook:

 Public Testimony of Queen Emma Hawaiian Civic Club

       June 20, 2014

 

Office of the Secretary

United States Department of Interior

Room 7329, 1849 C Street NW

Washington, D.C. 20240, Reg.Identifier No. 1090-AB05

 

Re:  Public Hearing Testimony of Queen Emma Hawaiian Civic Club

 

Aloha, I am Keoni Kealoha Agard, Esq.  I am here to present testimony today on behalf of the Queen Emma Hawaiian Civic Club and our President Rawlette Kraut.

 

We step forward to present Queen Emma Hawaiian Civic Club’s formal request to President Barack Obama, which we previously transmitted to the Office of the President, on behalf of the descendents of the citizens of the Kingdom of Hawaii, an independent sovereign nation recognized by the international community of nations. 

 

From 1826 to 1893, the U.S. recognized the independence of the Hawaiian Kingdom, extended full and complete diplomatic recognition to the Hawaiian government, and entered into treaties and conventions with Hawaiian monarchs in 1826, 1842, 1849, 1875 and 1887.  As an independent nation state recognized by the family of nations, the Hawaiian Kingdom had treaties with over 25 foreign countries with over 90 embassies stationed throughout the world.  

 

We submit this request for legal review.   Our request/resolution is entitled: 

 “REQUEST THAT PRESIDENT BARACK OBAMA ISSUE A

  PRESIDENTIAL EXECUTIVE ORDER TO HONOR THE 

  EXECUTIVE AGREEMENTS BETWEEN QUEEN LILIUOKALANI 

  AND U.S. PRESIDENT GROVER CLEVELAND TO PROTECT 

  THE ACTIVITIES THAT RELATE TO THE PROCESS OF RESTORING THE     

            HAWAIIAN KINGDOM GOVERNMENT.”

 

Our request asks for the enforcement and compliance with the terms of the 1893 EXECUTIVE AGREEMENTS between Queen Liliuokalani of the Hawaiian Kingdom and President Grover Cleveland of the United States which promised the “RESTORATION OF THE HAWAIIAN KINGDOM and its government.”

The 1893 Executive Agreements/Treaties were never terminated, therefore remain intact and are in full force and effect.  These agreements/treaties are the “supreme law of the land”, above federal and state legal jurisdiction, and they obligate the successors in the office of U.S. President to faithfully carry out the provisions as agreed to in the 1893 Executive Agreements.

 

Our request is submitted with a legal brief showing all the applicable international law, U.S. Constitutional Law principles, including relevant provisions of the Hague Convention, Geneva Conventions, Laws of Occupation and United Nations Charter that support the legal arguments of violations of international and constitutional law committed against the Hawaiian Kingdom.

 

Department of Interior “ON NOTICE”

The Department of Interior “DOI” is hereby placed “on notice” with this submission that it has no right to interfere in international affairs, nor does it have jurisdiction over two independent sovereign nations, namely the Hawaiian Kingdom and the United States of America.  The DOI has no legal right or jurisdiction to violate international law principles by conducting hearings that are unconstitutional.  Your staff is ill prepared and does not know the legal history of the relationship of the Hawaiian Kingdom with the United States.  Further, the Hawaiian Kingdom  referred to in these Executive agreements with Queen Liliu’okalani was an independent sovereign nation, thus cannot be relegated to a federally recognized or “tribal nation” of the United States of America.  Under the Doctrine of Discovery we are not an indigenous tribe of the U.S.  Such doctrine would have us categorized as uncivilized, pagans, non Christians without rights to land or nation.  Instead, we are quite different.  We are the descendants of citizens of the Hawaiian Kingdom…a nation independent from the U.S.

 

The Hawaiian Kingdom has unique and compelling legal arguments which support its claims.  Such claims are supported by the same legal arguments asserted by President Barack Obama and the United States in its opposition to the 2014 illegal occupation and annexation of the Ukraine/ Crimea by Russia, in a speech in Brussels on March 26, 2014.   See UN Resolution A/RES/68/262, Territorial Integrity of Ukraine, adopted by UN on March 27, 2014.

 

 

 

NO ANNEXATION 

There was “NO ANNEXATION OF THE HAWAIIAN KINGDOM ” because no treaty of annexation was passed by Congress, ever.  The 1898 Joint Resolution purporting to annex the Hawaiian Kingdom was UNCONSTITUTIONAL as Congress is precluded from legislating beyond its own borders!  In addition, the Statehood Admissions Act of 1959 is also unconstitutional as Hawaii was never legally annexed and “the question calling for the vote” was defective under international law.

 

Under International Law, see Vattel, The Law of Nations 164 (1758).

  “As the right of a Nation ought to be respected by all others, none      can form any pretensions to the country which belongs to that      nation, or ought to dispose of it without her (nation) consent.”

 

Pursuant to Article 42, 1907 Hague Regulations, a "territory is considered occupied when it is actually placed under the authority of the hostile army."  In effect, under the control of foreign troops without the consent of the local authorities.  The record will reflect that there was no consent by Queen Lili'uokalani, our sovereign ruler.  In addition, there was no consent by 90% of the citizens of the Hawaiian Kingdom who submitted over 38,000 signatures in the 1893 Kue Petition opposing annexation to the U.S. Congress.  

 

Further referring to the United States occupation of the Hawaiian Kingdom, Professor Patrick Dumberry’s article “The Hawaiian Kingdom Arbitration Case and the Unsettled Question of the Hawaiian Kingdom’s Claim to Continue as an Independent State under International Law.  2(1) Chinese Journal of International Law 655-684(2002), states that:

  “ the 1907 Hague Convention protects the international personality       of the occupied State, even in the absence of effectiveness.         Furthermore, the legal order of the occupied State remains intact,       although its effectiveness is greatly diminished by the fact of        occupation.  As such, Article 43 of the 1907 Hague Convention IV       provides for the co-existence of two distinct legal orders, that of       the occupier and the occupied. “

 

Under Article 42, Sec.III, On Military Authority Over Hostile Territory, 1907 Hague Regulations, it states that:

    Territory is considered occupied when it is actually placed       under the authority of the hostile army.  The occupation applies      only to the territory where such authority is established, and in      a position to assert itself.

 

In effect, the territory is occupied when it is under the control of foreign troops without the consent of the local authorities.  With the landing of U.S. troops by request of U.S. Minister Stevens, the Hawaiian Kingdom was unlawfully occupied, which continues to today; however, under international law, the Hawaiian Kingdom continues to exist.  See James Crawford, The Creation of States in International Law 700, 701 (2nd e., 2006).

 

THE HAWAIIAN KINGDOM continues to exist under the EXECUTIVE BRANCH of the United States due to the unique Executive Agreements which promised Queen Liliu’okalani to RESTORE our nation.

 

 In the case of Hawaii, it remained protected under the power vested in the Executive Branch pursuant to the terms of the Executive Agreements.  The same Executive Agreements remain under the protection of the current President Barack Obama to this very day, who is obligated to faithfully execute and carry out the terms of such Agreements/Treaties.  As such, the Department of Interior does not deal in international relations and therefore has no jurisdiction as this matter is properly reserved to the U.S. President under the U.S. Constitution.

 

 In conclusion, we have attached a letter we recently transmitted to Barack Obama to request to honor 1893 Executive Agreements between Queen Lili’uokalani and President Grover Cleveland promising to restore the Hawaiian Kingdom government.

 

Respectfully submitted…….Mahalo and Aloha!

 

 

 

Rawlette P. Kraut      Keoni Kealoha Agard, Esq. 

 

******************

Review

"Pursuant to Article 42, 1907 Hague Regulations, a "territory is considered occupied when it is actually placed under the authority of the hostile army."  In effect, under the control of foreign troops without the consent of the local authorities.  The record will reflect that there was no consent by Queen Lili'uokalani, our sovereign ruler.  In addition, there was no consent by 90% of the citizens of the Hawaiian Kingdom who submitted over 38,000 signatures in the 1893 Kue Petition opposing annexation to the U.S. Congress. "

Although the issue of a territory occupied is addressed in the Testimony of Keoni Agard, addressing the issues of the following is missing:

1) U.S. President Grover Cleveland Gave Hawaii Back Three (3) Times to Queen Liliuokalani in 1893, 1894, and 1897.

2) The Provisional Government was a creation by conspirators supported by the U.S.

3) The Republic of Hawaii was the second step because the Provisional Government could only last for a short period of time.

4) U..S. President's Proclamation about breaching the Neutrality Laws against a neutral, peaceful nation - the Hawaiian Kingdom/Kingdom of Hawaii.

In 1896, U.S. President Grover Cleveland made a Proclamation warning Americans about the breaching of the Neutrality Laws:

 The Neutral Nation status of the Hawaiian Kingdom/Kingdom of Hawaii was and remains an issue:

 

1896  - August 26. U.S. President Cleveland: Warned About a Military enterprise or Expedition = Breach of Neutrality 

The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, August 26, 1896, Page 4, Image 4

Image provided by University of Hawaii at Manoa; Honolulu, HI

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85047084/1896-08-26/ed-1/...

Print this image | Download this image

 5) The 1850 Treaty of the Hawaiian Kingdom and the United States is a permanent amity and friendship treaty which continues to exist today.

6) The Territory was created by U.S. President William McKinley who had the Army, Navy, and other Federal personnel "develop" a Territory of the United States. Then changed to Territory of Hawaii.

7) Two (2) nations was recognized by U.S. President William McKinley in 1898: (1) the American Empire - Territories fell under this nation which was recognized as a possession of the United States; (2) the United States - operated with other nations that had Treaties.

8) Territories had no sovereignty.

Note: the Hawaiian Kingdom/Kingdom of Hawaii has sovereignty. In other words, the United States President created a Territory and added the Hawaiian Kingdom/Kingdom of Hawaii/Hawaiian archipelago and added the main islands and many of the outlying islands to their list disregarding rule of law, Treaty of 1850, international laws and the violations/breaches of the Neutrality Laws as documented by U.S. President Grover Cleveland.

In 1893, the Hawaiian Kingdom/Kingdom of Hawaii went "underground".

From 1893 through 1897, U.S. President Grover Cleveland returned Hawaii to Queen Liliuokalani.

In 1897, U.S. President William McKinley moved to assume a nation's identity, the Hawaiian Kingdom/Kingdom of Hawaii that has Sovereignty and started fresh by creating a Territory from one put together by the conspirators, usurpers who were backed by the United States since 1826.

From 1897 through 1959 or 62 years the Territory created acted as if it was legal but in actuality it was a mere territory which had no sovereignty.

In 1959, U.S. President Dwight D. Eisenhower proclaimed, signed an Executive Order to make Hawaii a State which would have a shared sovereignty or 1/50 share in the sovereignty under the United States which violated the Neutrality Laws.

Opposition to Statehood was made by Harold Abel Cathcart and supported by Mary Keawe Kauweloa, a Kamehameha descendant.

The claims to Annexation was illegal and the U.S. has no Jurisdiction in Hawaii.

The U.S. did violate and breached the Neutrality Laws in 13 Ways.

 

SUMMARY
 
The U.S. has failed in respecting the Neutrality of a neutral, friendly, non-violent nation and has breached the Neutrality law in 13 Ways:. 
.:
  
(1) 1893 - Premeditation which led to piracy(ies) on the high seas did occur and evidence has been found. The references follow: 

Mapping of the Pacific Ocean - Strategic Maps from the VALOR OF IGNORANCE by Lt. Homer Lea:

(2) 2) New York Times article, "Pearl Harbor Coaling Station - IMPERATIVE NECESSITY THAST THE UNITED STATES TAKE POSSESSION" dated January 8, 1893 and printed January 9, 1893 or eight (8) days before the dethronement of Queen Liliuokalani. 
 

 3) CHRONICLE OF AMERICA by Chronicle Publications, Mount Kisco, N.Y. article "U.S. ends coup in Hawaii" documenting that "Men from the cruiser Boston poured ashore on January 15 "to protect American lives and property," according to United States Minister John L. Stevens." This occurred two (2) days before the dethronement of Queen Liliuokalani. 

 

 4) The NEW YORK TIMES article, "The Story of a Crime" dated 6/21/1898 documents January 16, 1893 as the day that the troops landed "---three companies of bluejackets, one of artillery, one of marines, 154 men and 10 officers with 14,000 cartridges for rifles and the Gatling gun, 1,900 revolver cartridges, and 174 explosive shells for the revolving canon" was taken on land, a day (1) before the dethronement of Queen Liliuokalani. 

5)  American Civil War Generals (On Assignment) in Hawaii:

    1.  General Marshall

     2.  General Armstrong/General Samuel Armstrong

     3.  General W. H. Dimond

     4.  Walter Gresham

     5.  Alfred S. Hartwell

     6.  Carl Schurz

     7.  Robert E. Lee

      8.  General Schofield

 

6.  The Sharpshooters were given a U.S. Pamphlet with Instructions on What to Do, etc. by the U.S.

See:  U.S. Military Tactics Used by the Sharpshooters, etc.

7.  U.S. President William McKinley had the Army, Navy, and other personnel to develop the Territory of the United States in 1898 disregarding the facts that U.S. Grover Cleveland had given Hawaii back to Queen Liliuokalani in 1893, 1894, and 1897.

8.  The Booz and Allen Co. gave advice to the Bernice Pauahi Bishop Estates Trustees in 20  .  The Company works with the NSA/National Security Administration, the CIA/Central Intelligence Agency, etc.  Their former employee Sheldon is a Whistleblower who lives in Russia for asylum to avoid prosecution by the U.S. for releasing secrets, etc.

Background:  The Bernice Pauahi Bishop Estates Trustees helped to plan the overthrow of King Kalakaua, Queen Liliuokalani in 1893.

(9) American Marines provided Ammunition for the Honolulu Rifles/ usurpers against Queen Liliuokalani in 1893;

(10) Conspirators/usurpers asked for assistance by American Marines from the U.S.S. BOSTON. 
(11)  Minister Stevens "caused the U.S. troops to be landed"
(12) Stevens invited other nations to assume other islands in the Hawaiian archipelago  and

(13)  "Washington directed a naval squadron to the islands"

 

In total, there are 13 Counts/Evidence showing the breaches of the Neutrality law by the United States.
Reference:  https://iolani-theroyal.blogspot.com/2021/06/the-legitimate-governm...
Keoni Agard's Testimony addresses the Territory or the Non-sovereignty body which is a possession of the American Empire.
Other Territories added was other outlying islands of the Hawaiian archipelago and parts of the independent neutral non violent nation with sovereignty.
U.S. President McKinley started a War with Spain four (4) days before obtaining approval from Congress.  As a result, the territories or possessions of Spain was also added to the U.S. Territories.
The illegalities exists in U.S. President William McKinley, et. als. breaches of the Neutrality law which affects the illegal assumption of a sovereign nation with a neutral status since the time of Kamehameha III, and the move to War against Spain before following the U.S. Constitution for failing to obtain approval from Congress which also means breaching the U.S. Constitution, and failing to follow the points of Article 6 which shows that the 'Treaties are the supreme law of the land and even the Judges have to adhere to it'.
Research incomplete.
aloha.
 
 


 

 


References:

https://www.jstor.org/stable/j.ctt15nmjw8.21?refreqid=excelsior%3A0...

pp. 359-380 (22 pages)
Stable URL
IOLANI - the Royal Hawk: The Legitimate Government in Hawaii Series: More Evidence, Five (5) More times of the U.S. Breach of the Neutrality Law Totaling 13 Times; The Failed Annexation - Another Perspective

https://www.jstor.org/stable/j.ctt15nmjw8.21

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