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