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UPDATE: MARCH 13, 2011 — On March 13, 2011, Plaintiff filed a Motion to Reconsider Order Granting Defendants’ Motion to Dismiss and Order Denying Plaintiff’s Motion for Leave to File Supplemental Complaint. Plaintiff’s Motion concludes: “In its Order, the Court admits it could resolve this case “through a straightforward analysis of federal and international law,” but declines to do so because of the political question doctrine. As stated above, the political question doctrine is a flawed legal argument that fails to support Defendants’ motion to dismiss because the U.S. Executive recognized Hawai`i as a sovereign and independent State since 1844, and the Lili`uokalani assignment is an extension of that sovereignty fully recognized and adhered to by President Cleveland in 1893 in his negotiations with Queen Lili`uokalani, executive of the Hawaiian Kingdom. Accordingly, the Court’s analysis of case law, rules, statutes and the political question doctrine have no relevance to the Plaintiff’s claim against the Defendants under the Lili`uokalani assignment, whereby this Court has subject matter jurisdiction under the Alien Tort Statute, 28 U.S.C. §1350. For these reasons set forth above, this Court’s Order should be reconsidered and Defendants’ motion to dismiss should be denied. The Motion, as well as all court filings, can be downloaded at http://hawaiiankingdom.org/sai-obama.shtml under the heading “Court Docket Filings.”

Chiefess Ulumaheihei (Ulamaheihei) married Koakanu son of Chief Keawemauhili anyone care to share their mana'o?

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The forceful takeover of the Hawaiian Kingdom in 1893, adversely affected a country’s government, its lands and its citizens, not only the members of a single ethnic group.

It was the Hawaiian Kingdom — a nation — that was taken, not the aboriginal people — the kanaka maoli (what the US and the State of Hawai`i insist on calling, “Native Hawaiians.”)

Yes, kanaka maoli were harmed by the loss of their nation, but so were many non-aboriginal subject/citizens of the Hawaiian Kingdom: Asians, Caucasian, Polynesians and so forth.

This is a crucial point. When a nation is stolen, all the citizens of that nation are deprived of their country, not only the aboriginal people.

Both occupying governments, the US Federal and its puppet, the fake state of Hawai`i either assert or presume in their laws and policies, that the takeover of 1893 affected only “Native Hawaiians.”

By purposefully limiting their culpability to “Native Hawaiians,” the US carefully conceals the true scope of the problem, presenting it as a domestic, localized, racially defined problem, rather than the violation of the unalienable rights of the citizens of a recognized sovereign foreign nation.

New Information!
Learn How You Can Help Stop The Theft Of Hawai`i Here - StopAkakaBill.com

Prior to the Mahele, the king, the chiefs and the people held the only recognized interests in the land of Hawai`i. Kamehameha III's most famous act was passed to preserve and protect these interests from privatization by Hawai`i's foreign business community in an age of worldwide colonization and expansionism. The king was concerned about the loss of Hawaiian land and so, through the Mahele, created titles that were non-taxable and non transferable. While claimants would have the right to sell or assign their interests, they could never convey title. When the claimant died, his/her rights would be passed on to his/her heirs, who then would be in a position to sell or assign their newfound interests with the same restrictions. The restricting clause in the Mahele is "koe na`e ke kuleana o na kanaka," defined as "subject to the rights of the native tenants forever." It is included in every land commission award and royal patent granted under the act and it guarantees the rights of future beneficiaries to the exclusion of all others.

First, the king distributed the land between himself and approximately 252 ali`i and chiefs -- these parcels came to be known as konohiki lands. The ali`i and chiefs could later make claims to these awards and receive a land commission award which granted individual land title. The king also set aside certain lands for the government; finally, he claimed the remaining lands for himself, which became known as crown lands. All these designations of lands and land claims were given to the king first, so he and future monarchs could redistribute them as necessary. The intention was to secure the `aina and protect it by quieting the title for the native tenants and chiefs forever. At the same time, the traditional trustee relationship and responsibility of the mo`i (sovereign ruler) to care for the people and the land as one, was preserved by Kamehameha III.

There most widely disseminated interpretation of the Mahele is that it was the instrument through which Hawai`i went from a feudal system to a social order based on private land ownership. Another oft repeated claim is that Native Hawaiians squandered their rights to their ancestral lands as a result of the act. Careful scrutiny of the Mahele reveals that it alone would not allow for such changes. Foreigners were compelled to overthrow the Kingdom of Hawai`i in order to gain significant amounts of land.

There was simply no other way to take the interests they purchased under kingdom law beyond the lifespan of the original claimant who made the sale. They were also compelled to construe the system as feudal to justify dismantling it.

Professor Francis Boyle, is a scholar in the areas of international law and human rights, who received a J.D. degree magna cum laude and A.M. and Ph.D. degrees in political science from Harvard University. Boyle was formerly a teaching fellow at Harvard and an associate at its Center for International Affairs; he now teaches at the College of Law at the University of Illinois.

Professor Boyle is an internationally recognized expert on the relationship between international law and politics who has written eight acclaimed books on the subject. Over his career, he has represented national and international bodies including the Blackfoot Nation (Canada) and the Lakota Nation, as well as numerous individual death penalty and human rights cases. He has advised numerous international bodies in the areas of human rights, war crimes and genocide, nuclear policy and bio-warfare.

According to Boyle, by virtue of U.S. Public Law 103-150 adopted in 1993, also known as the Apology Bill, the U.S. admits "that all United States lands that they got here in Hawai`i came from the Republic of Hawai`i but they've already admitted that the Republic of Hawai`i illegally overthrew the Kingdom of Hawai`i. They've admitted and conceded this. So in other words, the Republic of Hawai`i never had valid title over any lands here in Hawai`i to begin with. That's clear. It was a thief, the Republic of Hawai`i . . . The United States has no valid title to any of these lands to begin with because they're conceding they got what they got from the Republic of Hawai`i and that is clearly illegal theft."

The facts detailed in the Apology Bill including this critical 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," have given rise to a broad spectrum of activism through which Native Hawaiians hope to restore their claims to ownership of the islands. Some are farfetched by any standards while others are more than plausible given opinions by legal experts such as Boyle.

Dr. Matthew Craven is an expert in international law, human rights and international dispute settlement who specializes in colonialism and decolonization. Craven heads the School of Law at the University of London's School of Oriental and African Studies. He has performed an analysis of the status of native claims in Hawai`i and he concludes that if Hawaiians can demonstrate what he calls "continuity," then, the U.S. "has no original claim to the territory of Hawai`i or right to obedience on the part of the Hawaiian population."

In demonstrating such continuity, Hawaiians have the State of Hawai`i as a partner. Royal patents and Hawaiian genealogies are still acknowledged by state and federal courts; without the royal patent system the state of Hawai`i does not exist. It is the only reference point through which all land claims, including those made by the state, can be traced.

Eric Po`ohina of Kailua states he was able to reclaim his ancestral lands in Hana, "using my family's Royal Patent to Po'ohina RP 6318. My case number is Second Circuit Court of Maui, No. 89-0352(2). Hawaiians may feel free to use my case and my genealogy, acknowledged by the U.S., state and federal courts, while pursuing their land claims."

Po`ohina's suggestion to natives seeking to establish their claim to ancestral lands is to start with a Hawaiian genealogical historian, not the courts.

Indeed, once the genealogical ties have been established and the royal patents (RP) and or land commission awards (LCA) granted to those predecessors have been identified, heirs have a number of options for registering claims.

Local sources available to Native Hawaiians for establishing genealogy and determining the names of LCAs include the Hawai`i State tax office, the Department of Land and Natural Resources, the UH Library, the Mormon archives and the Bureau of Conveyances.

The greatest number of land transactions, including adverse possessions against native tenants, occurred between 1899 and 1933. This was the period when the Republic of Hawai`i, under the direction of its president Sanford Dole, was asserting its own claims over crown and government lands. Today these are known as ceded lands.

Title companies today, base any guarantees they can provide from 1933 onward, this is when Hawai`i's own Torrens system was established.

A royal patent is a quitclaim deed made by the Kingdom of Hawai`i to the land commission awardee and his/her heirs. These are found in the same places as the LCAs. Anyone who can establish a valid claim to an LCA and/or an RP would file their claim in the Bureau of Conveyances; such claims must delineate the genealogy through which they are made.

Claimants can then notify the various groups working to establish the continuity Dr. Craven referred to in his analysis. Such groups include Neepapa Aupuni Hawai`i, the Royal Order of Kamehameha, the Reinstated Hawaiian Kingdom and the Hawaiian Kingdom Government.

The Office of Hawaiian Affairs, which has taken a strong position in favor of the Akaka Bill, is not assisting those who might establish interests in land titles through the Great Mahele. In fact the Akaka Bill is seen by those who seek such remedies as the instrument through which, once and for all, land titles in Hawai`i could be quieted.

Francis Boyle is known for using very strong words regarding the Akaka bill.

He states the bill's findings clause contains "a boldface lie saying Native Hawaiians are indigenous native people of the United States. Well, of course that's preposterous Native Hawaiians are the indigenous native people of Hawai`i and the Kingdom of Hawai`i, not the United States."

At a series of talks given in Hawai`i in 2004, Boyle told audiences "So, this legislation [the Akaka Bill] we've got here, if it is passed, will try to quiet title to all of that. They know there is a problem out here with all title in Hawai`i because it all goes back to this original act of theft in 1893. How do you establish valid title under those circumstances when they've conceded it's an act of thievery to begin with? And this legislation will try to quiet that title so that people can then say 'Well yes, now we can convey valid title.'"

So far, the Akaka Bill has stalled. At this year's Kamehameha Day celebration at the Hawai`i State capital building, Akaka said, "Kamehameha deserves to be remembered as a visionary . . . who was well ahead of his time. He exemplified the resilience of the Hawaiian people in the face of adversity."

Akaka used the occasion to promote passage of his measure which he believes is the only way to redress the wrongs admitted to in Public Law 103-150.

At the same time his efforts are opposed by an active contingent who are clinging to the vision of Kamehameha III codified in the Great Mahele

IOLANI - The Royal Hawk editors notes, comments, Review:

Many people remain undereducated. 

1) Kamehameha's, his wives, King Kalakaua's, Queen Liliuokalani's, hanai/adopted children of Kamehameha III etals. descendants exist today.

2) Konohiki, land owners descendants prior to the wrongful dethronement of Hawaii's Queen in 1893 exist.

3) Royal persons, Sovereign heirs - with immunities exist.

4) Kingdom heirs exist currently uniting with the Hawaiian Kingdom Government, a government.

5) Provisional government turned Republic, turned Territory, turned State with documented oppositions all the way is in fact a corporation/corporate structure of the larger corporation called the United States of America (since 1874) operating under Great Britain.)

6) The problems for the U.S. appears to be in the period when

        1.  Washington, D.C. was organized apart from the United States in 1874. (note: research incomplete)

        2.  The U.S./U.S.A. became divided in the American Civil War.  The War was funded by France, Great Britain, U.S., Germany and the Bank of England. 

         3.  The U.S./U.S.A. never was a separate nation from Great Britain due to the facts that many of the U.S. Presidents were Royal persons descending from the Kings of England/Great Britain; the Rush-Baggot Treaty was a permanent Treaty; association/affiliation with the Masons/ Freemasons secret societies, etc.

7) U.S. in actuality a business corporation interested in profits/gains/finances.  Business structure includes CEO's such as U.S. President's, Governors etals. disregarding the duties, laws of a nation. (See previous IOLANI - The Royal Hawk news on the web at the hawaiian_genealogy_society-akg for messages, articles, etc.)

8) President Cleveland moved to allow the U.S. Federal bank to be purchased by private interests, causing the Federal banks to be in private hands of 13+ stockholders/investors.

9) The private investors make up the Federal Reserve Banks whose stockholders defend, promote a move towards a new world order/one world order; they get 3-4 cents off of every bill/Federal Reserve note printed; the bills/Federal Reserve notes printed has no gold, silver backing; they charge tremendous interest for loans, etc.; they are associated with the Bank of England, a bank that funds the 'Business of Wars' through financing both sides, etc. (example:  U.S. innocents versus Iraq's innocents)

 Note:  in 1913 - There was a 'silent cou d'tat' by the bankers.  A Federal Reserve Act was passed accommodating bankers. 

            in 1919 - President Woodrow Wilson admitted U.S. under a small group of men.

10) Taxes on the people are collected by the IRS/ Internal Revenue Service which operates under and for the private business Federal Reserve Banks.

11) U.S. Congressman Daniel Inouye is on record saying 'there is no law allowing anyone to pay taxes'.

12)  The U.S./U.S.A. is bankrupt, utilizing Wars to pay off the debts to the private bankers moving towards enslaving the masses, exterminating People of Color, and accomodating financing, stolen goods, thievery off of nations/ independent nations such as Hawaii, the Hawaiian Kingdom, the Kingdom of Hawaii, Hawaiian archipelago; Spain, Japan, Haiti, Iraq.

13)  The U.S./U.S.A. a corporation since 1874 has military bases in 130 countries/nations.  There are 190/191 countries/nations in total.

14)  Profiteers of nuclear weapons, depleted uranium weapons for Wars, testing, etc. is the Queen of England with the majority of stocks in the uranium, etc. mines.

15)  The Corporate structure of the U.S. has many corporations which began with the Standard Oil Company and the many under it's umbrella.

16)  Congress, over time, have failed to extinguish the Standard Oil agreement, and instead the lawyers have moved the structure over to foreign governments with support from the U.S. military who defends the lives, and properties of its own.

Conclusion:

The history of Hawaii has indeed affected the World today.

A Corporation is not a government.

Everyone affected by the U.S., Great Britain's, France's etals. corporate structure needs to work on diminishing the tight reins of slavery by reaching for the areas of history that has problematic issues, reenact Constitutions, limit or eliminate the Corporate structure moving in to assume the rights of citizens.

In other words, dear friends, take back your government.

aloha.

references:  

research, books, articles by Amelia Kuulei Gora;

www.leurenmoret.com

Joe Rodrigues messages re: Federal taxes, etc.:

www.freedomtofascism.com

Aaron Russo, director, investigative reporter, etc.

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