ALOHA NEWSLETTER - GOVERNMENT BULLETIN OF ALOHA (ke hailono)
Principality of Aloha Delegation welcomes the Republic of Kabinda - April 2012
In early April 2012, the Principality of Aloha formally received the President Afonzo Massanga and the Prime Minister Dr. Joel Batila of the Republic of Kabinda in exile. The governments exchanged formal recognition and treaties of friendship.
Aloha's delegates met up with the Kabindans and world-renowned public speaker David Icke at Lumeria Maui, then headed down to Mandala Ethnic Arts in Paia where they held a press conference the focus of which was to formulate solutions for our peoples without the domineering colonial economies of our world.
The video of the press conference can be viewed in two parts below the next pic.
Aloha's delegates met up with the Kabindans and world-renowned public speaker David Icke at Lumeria Maui, then headed down to Mandala Ethnic Arts in Paia where they held a press conference the focus of which was to formulate solutions for our peoples without the domineering colonial economies of our world.
The video of the press conference can be viewed in two parts below the next pic.
Kabinda Prime Minister Joel Batila expressing Love and Happiness with Aloha
Secretary of State Mark McMillan. The Nations are now officially friends!
Kabinda & Hawaii - Freedom from Oppression with David Icke and Princess Mahealani.
Republic of Kabinda President Afonzo Massanga admiring a Maui rainforest stream...
When the interviews were concluded, the delegations headed to Ala Kukui, a beautiful retreat in Hana, where the treaties were formulated and officially signed by all parties. Along the way, President Massanga and Prime Minister Batila were ecstatic when they suddenly realized they felt as if they were back in their home country, having not seen lush rainforests, waterfalls (even though most of them were dry because of the diversion of the water by East Maui Irrigation...), beautiful beaches, mangoes or clean and warm ocean waters in well over twenty years! We ate sandwiches by the side of the road in Huelo, then visited with Mahealani's family in Keanae where the President and Prime minister were treated to real "down-home aloha" Kanaka Maoli style.
They were amazed at the similarity of Maui and Kabinda's edible and medicinal flora, and were moved to tears by the sweetness of our people!
On the way back we were blessed to see a couple of flowing streams... then stopped at the Seven Sacred Pools where the waters were gushing seriously.
President Massanga and prime Minister Batila were very much surprised when they learned more about Hawaii's history and became aware of other similarities between the two countries, such as the theft of natural resources by the colonial de-facto military occupiers.
Massanga and Batila being very devout men, much time was spent praying for the return of truth, justice and resources to all oppressed and colonized people the world over.
Arrangements were made for the delegations to meet again in New York to attend the Eleventh Session of the United Nations Permanent Forum on Indigenous Issues from May 7 to May 18, the themes of which were "The Doctrine of Discovery" and "Redress for past Conquests."
The video below should enlighten anyone as to what the "Doctrine of Discovery" actually means:
The General Assembly, Opening Ceremonies at the UNPFII, May 2012.
Principality of Aloha delegates getting ready to go to work....
Today, the International Community regards the Hawaiian Kingdom (in Hawaiian, Ko Hawaii Pae Aina) as a sovereign State that is occupied by the United States for purposes of military administration.
We inform and substantiate hereby of the legal confirmation of the existence of the Hawaiian Kingdom (ko Hawaii pae aina) reaffirmed by the International Permanent Court of Arbitration and by the United States Government;
I In 1904, Lorrin A. Thurston, one of the admitted United States conspirators that participated in the illegal fix of trade covered up as an alleged “illegal overthrow” on January 17, 1893 compiled and edited without permission the laws of KHPA. It states, “The United States Congress expressly authorized a law organizing Hawaii into a territory and extended provisions of the United States Constitution to the Territory. In a restricted sense the United States Constitution and the Organic Act constitute the fundamental law of Hawaii”.
1.0 There are immediately two facts that collide here in that statement, one being a foreign state cannot make laws for another and fundamental laws of one state cannot be changed by another.
1.1 Of import to the use of the term “territory” and in reference to the “Territory of Hawaii” a military regime, is the fact that neither is constitutional. The term “special maritime and territorial jurisdiction of the United States”, as used in the USC 18, title 7, includes:
“(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.”
Recalling events that led to the illegal assertion of what is the fundamental law of “Hawaii”.
During the height of armed conflicts with the Kingdom of Spain in both the Pacific Ocean and the Caribbean, the U.S. Congress passed a joint resolution purporting to annex the Hawaiian Islands on July 6, 1898, and the United States then President McKinley signed it into law [no reference] on the following day. On August 13, 1898, one day after the so-called annexation ceremonies with the self proclaimed Republic of Hawai'i at Honolulu, the Klondike steamer entered Honolulu Harbor with American troops of the 1st New York Volunteer Infantry and U.S. Volunteer Engineers on board. They were stationed at the first U.S. military post in the Hawaiian Islands called Camp McKinley located below Diamond Head in Waikiki on the Island of O'ahu. This unprovoked incursion by a belligerent State into the territory of a neutral State was a violation of the Laws of War and also the Treaties entered between the Hawaiian Kingdom and the United States.
A Joint Resolution is not a Treaty. The former being a municipal or domestic legislation of the United States passed by a simple majority in each foreign United States House of Congress, and the latter being a contract between nations under international law, which United States law requires that two-thirds of the Senators present must ratify or approve.
1.1 The Organic Act enacted on April 30, 1900 proffered to the self proclaimed Republic of Hawaii group by the United States Congress became a federal United States Public Law 56-331, 31 Stat. 141, “enacted to provide a government for the territory.” Pursuant to the Organic Act of April 30, 1900 the self proclaimed Republic of Hawaii (1895) with the aid of the United States Military did propose to “sell” private royal patented estates located in KHPA to the United States Congress under the claim that all properties, sovereignty and all whatsoever related to KHPA was placed legally into the possession of the claiming group, and in addition the Republic of Hawaii group gave the then President $100,000 in hard currency taken from the KHPA national treasury which belonged to the nationals, government and Crown of KHPA.
1.2 The Republic of Hawaii group and its successor in occupation the state of Hawaii. Inc. cannot provide proof of transfers of any of the private royal patented estates from the owners and their heirs at the time to themselves and their group on or about January 17, 1893 to present.
1.3 The Republic of Hawaii did expressly exclude the existing government, its officials and citizens by section 17 of its founding document enacted outside of national laws on July 4, 1895 and the United States Congress did expressly exclude the existing government, its officials and citizens by section 4 of the said Organic Act enacted on April 30, 1900, therefore setting a basis of non-integration and confirming under international laws its intention to usurp the existing State by internal subjugation.
1.4 The federal public laws of the United States take effect only within its jurisdiction and only if a “territory” legally acquired were made a part of it. In the case of an existing separate legal State such as KHPA, such acts and laws do not apply without a Treaty to precept national laws.
1.5 Since August 13, 1898, when Camp McKinley was established in Waikiki, the United States claim to the Hawaiian Islands was that of a belligerent State occupying the territorial dominion of a neutral State, and not as a legally annexed territory. For the past 100 years the territory of the Hawaiian Kingdom has been used by the United States as a military training station, which is in direct violation of the Hague Convention V on the Rights and Duties of Neutral States, 1907. "Any violation of the rights and duties of neutral States constitutes an international tort. To the extent to which the law of neutrality has been codified in international conventions, any infraction of such treaties may involve additional liability as amounting to a breach of treaty obligations." In 1988, the United State Department of Justice not only admitted that the United States government had no authority over KHPA reaffirming the existence of KHPA, but also that no extraterritorial jurisdiction could be extended to KHPA territorial waters based upon the so called “annexation” municipal resolution of July 7, 1898 and all “acts” thereafter based upon were simply personal acts performed by individuals with control over the assets and proceeds belonging to the nationals of KHPA.
1.6 In a 1988 U.S. Department of Justice legal opinion by the Office of Legal Counsel, acting Assistant Attorney General Douglas Kmiec stated, "It is unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution. Accordingly, it is doubtful that the acquisition of Hawaii can serve as an appropriate precedent for a congressional assertion of sovereignty over an extended territorial sea." According to Dr. Sai, "The U.S. Congress could no more annex the Hawaiian Islands in 1898 by passing a joint resolution when it was at war with Spain, than it could annex Afghanistan today by passing a joint resolution while fighting the war on terrorism. U.S. laws do not have extraterritorial force and are limited and confined to U.S. territory. Only through a treaty of cession with the Hawaiian Kingdom could Hawai`i' s territorial sovereignty be ceded or transferred to the United States, the 1893 executive agreements and other international treaties being superseded, and only thereafter could Congressional laws be legally enforced throughout the Hawaiian Islands without violating international law."
We affirm once again as a precept of international law, the United States Constitution confers absolutely on the United States government the power of making war and treaties. Therefore, the United States government can acquire foreign territory either by conquest or by treaty.
It is an irrevocable fact that there is no record of conquest nor of a treaty of cession made between the United States of America and the Hawaiian Kingdom, KHPA.
1.7 Without a Treaty of Annexation by the Hawaiian Kingdom, the following "municipal laws" enacted by the United States Congress have no legal effect in the Hawaiian Islands, which is outside of the territorial jurisdiction of the United States of America, namely:
We refer to the following source materials:
See Treaty of Friendship, Commerce and Navigation with the Hawaiian Kingdom, U.S. Statutes at Large 18 (December 20, 1849): 406.
See Convention of Commercial Reciprocity with the Hawaiian Kingdom, U.S. Statutes at Large 19 (January 30, 1875): 625, at 69.
See Supplementary Convention to the Convention of Reciprocity with the Hawaiian Kingdom, U.S. Statutes at Large 25 (December 6, 1884): 1399.
See "Letter from the U.S. Secretary of State to the U.S. Secretary of the Treasury, Feb. 19, 1923," quoted in 5 Green Haywood Hackworth, Digest of International Law, §489, at 194-95 (1943).
See "Mankichi v. Hawai'i," 192 U.S. Supreme Court 197 (1903); "Fullard Leo v. United States," 331 U.S. Supreme Court 256 (1947).
See U.S. Constitution, Article VI, §2, in part, to wit: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land..."
See "International Law," by Georg Schwarzenberger (1949), p. 332.
See "The Law of War," by Ingrid Detter De Lupis (1989), p. 150; "International Law," by Georg Schwarzenberger (1949), p. 287.
Continuity of a State or nation arises under the question of territorial and national acquisition.
2.0 The Continuity of KHPA is factually made manifest and is evident by:
a) The authority exercised by the occupant administration of the United States in the archipelago of KHPA is not one of sovereignty i.e. that the United States has no legally protected right to exercise control and that it has no original claim to the territory of KHPA or the right to obedience of the part of the kanaka Maoli (original citizens/populace of KHPA). Furthermore, the extension of United States law to KHPA are contrary to the terms of international law and violates national laws.
b) The citizens of KHPA possess the right to self determination according to customary and general international laws. Such right entail at the first instance the removal of all attributes of foreign occupation, and a self directed restoration of the sovereign rights of the government of KHPA without United States directed interference and corruption.
c) The treaties of the KHPA government and Crown remain in force and in the powers of the principals to them, despite being abrogated to the United States Government which carry all assumed responsibilities and liabilities with them, presently held in obligation by the United States Government.
d) The State and its people of KHPA is in existing and continued possession of all its properties including all held within the territory of third states, and is liable for debts (United States as the fiduciary pays all debts created after January 17, 1893) of KHPA lawfully incurred prior to being illegally occupied.
We address at this point the alleged “ceded” lands claimed to be “public lands” by the Republic of Hawaii group in the Organic Act of 1900 claimed to have been “sold” to the United States for the United States Military protections over their act of illegal fix of trade promoted as an “overthrow”. The “ceded” lands are at present as they were then, provably and irrevocably Royal Patented Private Estates issued by the authority of KHPA according to the permanent Constitutional laws of KHPA. Said Royal Patented Private Estates are in no less than 1600 individual names to date, there are no public lands within KHPA. Evidence of Royal Patents exhibiting the patentee names with metes and bounds inheritable by their heirs can be found in the Mahele Royal Patenting System of record in 60 Volumes located in the KHPA archives (called the state of Hawaii Archives) Iolani Palace Grounds, Honolulu island of Oahu.
e) There are no transfers of the sovereign KHPA jurisdiction or royal patents owned by their private patentees (the properties, rights to them etc.) from KHPA or the patentees individually to the “provisional government” group of 1893; subsequently there are no transfers of from the “provisional government” group of 1893 to the “republic of Hawaii” group of 1895; subsequently there are no transfers from the “republic of Hawaii” group to the United States Congress of 1898 ; subsequently there are no transfers from the United States Congress of 1898 to the “territory of Hawaii” group; subsequently there are no transfers from the “territory of Hawaii” group to the “state of Hawaii” group.
f) There is no evidence of an “overthrow” which is factually made manifest by four elements,
1) An absolute Monarch in control of dictatorship type of government at the time and KHPA remains a Sovereign Constitutional Monarchy.
2) The populace creates an alternative government of its own accord in its own powers, and at the time the coup de tat of January 17, 1893 was comprised of foreigners with the backing of the United States Military led by a non commissioned officer of the Navy, Admiral Stevens.
3) The populace itself commits the act of an “overthrow” without the aid of foreigners, and in fact none of the populace took part in such acts with the United States on January 17, 1893 and instead remain in protest against conditions arising from such act.
4) Termination of jurisdiction and in fact presently all archipelagic properties are issued under Royal Patents of ko Hawaii pae aina. There are no United States patents in existence in KHPA.
g) The United States Government is an assumed fiduciary and not an owner of KHPA territories and has yet to fulfill its obligations carried under treaties it abrogated to itself in 1898 which will result in the restitution and restoration of KHPA displaced assets under illegal occupant controls. See the Republic if Nauru vs. the Government of Australia and Phosphate Mining Company (1992) International Criminal Court i.e. settled in 1993 whereas, Nauru received its Independence as a result of restitution for damages caused by its fiduciary the Government of Australia.
The Continuity of the State of KHPA is irrefutable and clearly exists with all intact inherent and acquired powers among the international community which has never withdrawn recognizance from it. We find that this continuity provides the basis of reentry of State with Peaceful conciliatory means, and in addition find that the KHPA actions taken to re affirm governmental, national and individual sovereign rights in the declarations, acceding acts and denouncements of illegal acts purporting to substitute KHPA self governance are completely lawful and sound. Made and noticed to all by the KHPA Good Offices and that of the State has satisfied vesting and revesting the archipelagic Statehood upon the permanent foundations that have endured illegal occupancy by a world power and to date, exists constitutionally without a doubt.
KA HILINAI AKAU TERRITORY:
The government and Crown of KHPA did in fact acquire by treaty on February 2, 2009 the claimed North Pole territories of the former nation of Titan Nova which only exists at present in part having divested itself of all of it’s claim to physical territories of the underwater North Pole without infringement into the territories of surrounding states.
The powers of KHPA have never ceased to exist and it has been wielded by representatives of inherent and competent authority with good intentions in remaking an unperfected claim to the North Pole into a World Heritage Site held within Royal Patents showing metes and bounds and surveyed lawfully without objection or opposition by the government of KHPA.
By: Jurists Council of Ko Hawaii Pae Aina
For: Ka Hilinai Akau
Issue date: May 1, 2012
Koe ne mana a pau, aale palaha na pono.
We inform and substantiate hereby of the legal confirmation of the existence of the Hawaiian Kingdom (ko Hawaii pae aina) reaffirmed by the International Permanent Court of Arbitration and by the United States Government;
- The World Court (LARSEN v. The HAWAIIAN KINGDOM, IN THE PERMANENT COURT OF ARBITRATION, Thursday, 7th of December 2000, CASE NO 99001, Peace Palace, Den Haag, The Netherlands. On page 167 at lines 28 to 30 of the transcripts, [Professor James Crawford] The President. "The Hawaiian Kingdom does not exist solely in the opinion of Mr. Larson. It exists.")
- In 1993 the United States Congress passed Public Law 103-150 pursuant to an Act called the “Apology Act” signed by the then U.S. President William Clinton, admitting that "in pursuance of the conspiracy to overthrow the Government of Hawaii, the United States Minister and the naval representatives of the United States caused armed naval forces of the United States (USS Boston) to invade the sovereign Hawaiian nation on January 16, 1893, and to position themselves near the Hawaiian Government buildings and the Iolani Palace to intimidate Queen Liliuokalani and her Government;"
I In 1904, Lorrin A. Thurston, one of the admitted United States conspirators that participated in the illegal fix of trade covered up as an alleged “illegal overthrow” on January 17, 1893 compiled and edited without permission the laws of KHPA. It states, “The United States Congress expressly authorized a law organizing Hawaii into a territory and extended provisions of the United States Constitution to the Territory. In a restricted sense the United States Constitution and the Organic Act constitute the fundamental law of Hawaii”.
1.0 There are immediately two facts that collide here in that statement, one being a foreign state cannot make laws for another and fundamental laws of one state cannot be changed by another.
1.1 Of import to the use of the term “territory” and in reference to the “Territory of Hawaii” a military regime, is the fact that neither is constitutional. The term “special maritime and territorial jurisdiction of the United States”, as used in the USC 18, title 7, includes:
“(1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.”
Recalling events that led to the illegal assertion of what is the fundamental law of “Hawaii”.
During the height of armed conflicts with the Kingdom of Spain in both the Pacific Ocean and the Caribbean, the U.S. Congress passed a joint resolution purporting to annex the Hawaiian Islands on July 6, 1898, and the United States then President McKinley signed it into law [no reference] on the following day. On August 13, 1898, one day after the so-called annexation ceremonies with the self proclaimed Republic of Hawai'i at Honolulu, the Klondike steamer entered Honolulu Harbor with American troops of the 1st New York Volunteer Infantry and U.S. Volunteer Engineers on board. They were stationed at the first U.S. military post in the Hawaiian Islands called Camp McKinley located below Diamond Head in Waikiki on the Island of O'ahu. This unprovoked incursion by a belligerent State into the territory of a neutral State was a violation of the Laws of War and also the Treaties entered between the Hawaiian Kingdom and the United States.
A Joint Resolution is not a Treaty. The former being a municipal or domestic legislation of the United States passed by a simple majority in each foreign United States House of Congress, and the latter being a contract between nations under international law, which United States law requires that two-thirds of the Senators present must ratify or approve.
1.1 The Organic Act enacted on April 30, 1900 proffered to the self proclaimed Republic of Hawaii group by the United States Congress became a federal United States Public Law 56-331, 31 Stat. 141, “enacted to provide a government for the territory.” Pursuant to the Organic Act of April 30, 1900 the self proclaimed Republic of Hawaii (1895) with the aid of the United States Military did propose to “sell” private royal patented estates located in KHPA to the United States Congress under the claim that all properties, sovereignty and all whatsoever related to KHPA was placed legally into the possession of the claiming group, and in addition the Republic of Hawaii group gave the then President $100,000 in hard currency taken from the KHPA national treasury which belonged to the nationals, government and Crown of KHPA.
1.2 The Republic of Hawaii group and its successor in occupation the state of Hawaii. Inc. cannot provide proof of transfers of any of the private royal patented estates from the owners and their heirs at the time to themselves and their group on or about January 17, 1893 to present.
1.3 The Republic of Hawaii did expressly exclude the existing government, its officials and citizens by section 17 of its founding document enacted outside of national laws on July 4, 1895 and the United States Congress did expressly exclude the existing government, its officials and citizens by section 4 of the said Organic Act enacted on April 30, 1900, therefore setting a basis of non-integration and confirming under international laws its intention to usurp the existing State by internal subjugation.
1.4 The federal public laws of the United States take effect only within its jurisdiction and only if a “territory” legally acquired were made a part of it. In the case of an existing separate legal State such as KHPA, such acts and laws do not apply without a Treaty to precept national laws.
1.5 Since August 13, 1898, when Camp McKinley was established in Waikiki, the United States claim to the Hawaiian Islands was that of a belligerent State occupying the territorial dominion of a neutral State, and not as a legally annexed territory. For the past 100 years the territory of the Hawaiian Kingdom has been used by the United States as a military training station, which is in direct violation of the Hague Convention V on the Rights and Duties of Neutral States, 1907. "Any violation of the rights and duties of neutral States constitutes an international tort. To the extent to which the law of neutrality has been codified in international conventions, any infraction of such treaties may involve additional liability as amounting to a breach of treaty obligations." In 1988, the United State Department of Justice not only admitted that the United States government had no authority over KHPA reaffirming the existence of KHPA, but also that no extraterritorial jurisdiction could be extended to KHPA territorial waters based upon the so called “annexation” municipal resolution of July 7, 1898 and all “acts” thereafter based upon were simply personal acts performed by individuals with control over the assets and proceeds belonging to the nationals of KHPA.
1.6 In a 1988 U.S. Department of Justice legal opinion by the Office of Legal Counsel, acting Assistant Attorney General Douglas Kmiec stated, "It is unclear which constitutional power Congress exercised when it acquired Hawaii by joint resolution. Accordingly, it is doubtful that the acquisition of Hawaii can serve as an appropriate precedent for a congressional assertion of sovereignty over an extended territorial sea." According to Dr. Sai, "The U.S. Congress could no more annex the Hawaiian Islands in 1898 by passing a joint resolution when it was at war with Spain, than it could annex Afghanistan today by passing a joint resolution while fighting the war on terrorism. U.S. laws do not have extraterritorial force and are limited and confined to U.S. territory. Only through a treaty of cession with the Hawaiian Kingdom could Hawai`i' s territorial sovereignty be ceded or transferred to the United States, the 1893 executive agreements and other international treaties being superseded, and only thereafter could Congressional laws be legally enforced throughout the Hawaiian Islands without violating international law."
We affirm once again as a precept of international law, the United States Constitution confers absolutely on the United States government the power of making war and treaties. Therefore, the United States government can acquire foreign territory either by conquest or by treaty.
It is an irrevocable fact that there is no record of conquest nor of a treaty of cession made between the United States of America and the Hawaiian Kingdom, KHPA.
1.7 Without a Treaty of Annexation by the Hawaiian Kingdom, the following "municipal laws" enacted by the United States Congress have no legal effect in the Hawaiian Islands, which is outside of the territorial jurisdiction of the United States of America, namely:
- Joint Resolution purporting to annex the Hawaiian Islands, July 7, 1898;
- an Act purporting to provide a government for the Territory of Hawai'i, April 30, 1900;
- an Act to Amend the Act purporting to provide a government for the Territory of Hawai'i, by establishing an Hawaiian Homes Commission, July 9, 1921;
- an Act purporting to admit the State of Hawai'i into the Union, March 18, 1959. and,
- a Joint Resolution apologizing for the United States' participation in the January 17, 1893, illegal overthrow of the Hawaiian Kingdom, November 3, 1993.
We refer to the following source materials:
See Treaty of Friendship, Commerce and Navigation with the Hawaiian Kingdom, U.S. Statutes at Large 18 (December 20, 1849): 406.
See Convention of Commercial Reciprocity with the Hawaiian Kingdom, U.S. Statutes at Large 19 (January 30, 1875): 625, at 69.
See Supplementary Convention to the Convention of Reciprocity with the Hawaiian Kingdom, U.S. Statutes at Large 25 (December 6, 1884): 1399.
See "Letter from the U.S. Secretary of State to the U.S. Secretary of the Treasury, Feb. 19, 1923," quoted in 5 Green Haywood Hackworth, Digest of International Law, §489, at 194-95 (1943).
See "Mankichi v. Hawai'i," 192 U.S. Supreme Court 197 (1903); "Fullard Leo v. United States," 331 U.S. Supreme Court 256 (1947).
See U.S. Constitution, Article VI, §2, in part, to wit: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land..."
See "International Law," by Georg Schwarzenberger (1949), p. 332.
See "The Law of War," by Ingrid Detter De Lupis (1989), p. 150; "International Law," by Georg Schwarzenberger (1949), p. 287.
Continuity of a State or nation arises under the question of territorial and national acquisition.
- The legal basis of discontinuity is borne in the absence of original sovereignty by the State claimed to be “acquired” legally by another. It is usually recognized by a fundamental change in the territories compass or its governance, and is supported further by the discontinuity of fundamental loss such as the rights of sovereignty and its population becomes a part of the “acquiring” state by legal determinable means cognizable in law.
2.0 The Continuity of KHPA is factually made manifest and is evident by:
a) The authority exercised by the occupant administration of the United States in the archipelago of KHPA is not one of sovereignty i.e. that the United States has no legally protected right to exercise control and that it has no original claim to the territory of KHPA or the right to obedience of the part of the kanaka Maoli (original citizens/populace of KHPA). Furthermore, the extension of United States law to KHPA are contrary to the terms of international law and violates national laws.
b) The citizens of KHPA possess the right to self determination according to customary and general international laws. Such right entail at the first instance the removal of all attributes of foreign occupation, and a self directed restoration of the sovereign rights of the government of KHPA without United States directed interference and corruption.
c) The treaties of the KHPA government and Crown remain in force and in the powers of the principals to them, despite being abrogated to the United States Government which carry all assumed responsibilities and liabilities with them, presently held in obligation by the United States Government.
d) The State and its people of KHPA is in existing and continued possession of all its properties including all held within the territory of third states, and is liable for debts (United States as the fiduciary pays all debts created after January 17, 1893) of KHPA lawfully incurred prior to being illegally occupied.
We address at this point the alleged “ceded” lands claimed to be “public lands” by the Republic of Hawaii group in the Organic Act of 1900 claimed to have been “sold” to the United States for the United States Military protections over their act of illegal fix of trade promoted as an “overthrow”. The “ceded” lands are at present as they were then, provably and irrevocably Royal Patented Private Estates issued by the authority of KHPA according to the permanent Constitutional laws of KHPA. Said Royal Patented Private Estates are in no less than 1600 individual names to date, there are no public lands within KHPA. Evidence of Royal Patents exhibiting the patentee names with metes and bounds inheritable by their heirs can be found in the Mahele Royal Patenting System of record in 60 Volumes located in the KHPA archives (called the state of Hawaii Archives) Iolani Palace Grounds, Honolulu island of Oahu.
e) There are no transfers of the sovereign KHPA jurisdiction or royal patents owned by their private patentees (the properties, rights to them etc.) from KHPA or the patentees individually to the “provisional government” group of 1893; subsequently there are no transfers of from the “provisional government” group of 1893 to the “republic of Hawaii” group of 1895; subsequently there are no transfers from the “republic of Hawaii” group to the United States Congress of 1898 ; subsequently there are no transfers from the United States Congress of 1898 to the “territory of Hawaii” group; subsequently there are no transfers from the “territory of Hawaii” group to the “state of Hawaii” group.
f) There is no evidence of an “overthrow” which is factually made manifest by four elements,
1) An absolute Monarch in control of dictatorship type of government at the time and KHPA remains a Sovereign Constitutional Monarchy.
2) The populace creates an alternative government of its own accord in its own powers, and at the time the coup de tat of January 17, 1893 was comprised of foreigners with the backing of the United States Military led by a non commissioned officer of the Navy, Admiral Stevens.
3) The populace itself commits the act of an “overthrow” without the aid of foreigners, and in fact none of the populace took part in such acts with the United States on January 17, 1893 and instead remain in protest against conditions arising from such act.
4) Termination of jurisdiction and in fact presently all archipelagic properties are issued under Royal Patents of ko Hawaii pae aina. There are no United States patents in existence in KHPA.
g) The United States Government is an assumed fiduciary and not an owner of KHPA territories and has yet to fulfill its obligations carried under treaties it abrogated to itself in 1898 which will result in the restitution and restoration of KHPA displaced assets under illegal occupant controls. See the Republic if Nauru vs. the Government of Australia and Phosphate Mining Company (1992) International Criminal Court i.e. settled in 1993 whereas, Nauru received its Independence as a result of restitution for damages caused by its fiduciary the Government of Australia.
The Continuity of the State of KHPA is irrefutable and clearly exists with all intact inherent and acquired powers among the international community which has never withdrawn recognizance from it. We find that this continuity provides the basis of reentry of State with Peaceful conciliatory means, and in addition find that the KHPA actions taken to re affirm governmental, national and individual sovereign rights in the declarations, acceding acts and denouncements of illegal acts purporting to substitute KHPA self governance are completely lawful and sound. Made and noticed to all by the KHPA Good Offices and that of the State has satisfied vesting and revesting the archipelagic Statehood upon the permanent foundations that have endured illegal occupancy by a world power and to date, exists constitutionally without a doubt.
KA HILINAI AKAU TERRITORY:
The government and Crown of KHPA did in fact acquire by treaty on February 2, 2009 the claimed North Pole territories of the former nation of Titan Nova which only exists at present in part having divested itself of all of it’s claim to physical territories of the underwater North Pole without infringement into the territories of surrounding states.
- The appointed Trustee of the North Pole Trust and Heritage Site named “Ka Hilinai Akau” and with the governing body elect of KHPA councils did patently perfect said acquired claim made by their predecessor claimant that no longer exists in nation or state.
- Finding that the Montevideo Treaty substantiates the claiming, patenting and surveying of un claimed territories in the World, the North Pole territories were surveyed and royally patented by the authority of KHPA on August 8, 2009 without objections thereto.
- Legal Notice was given to the United Nations Secretary General and Security Council, the Arctic Council, the International Seabed Authority, the International Maritime Organization and the United Nations Tribunal of the Law of the Sea.
- In accordance thereto, further nations and states were given notice (319) in number to object or offer dissension and none were received by this or other KHPA office.
- Finding that the United Nations Convention on the Law of the Sea, Third (UNCLOS III) provides for the creation of Heritage sites by States (KHPA acceded in 2010) and its Trustee having transferred all Ka Hilinai Akau Royal Patents into the North Pole Underwater and Glacial Heritage Site, therefore is enforced by all States noticed by its creation, establishes itself as secure and legitimate by international laws.
- The Ka Hilinai Akau Royal Patents are held in trust as a heritage site for the beneficiaries described in the Charter and Declaration of Trust under that name, its Mission is to “use its resources to end genocide”. See the file enclosed herewith copies of Royal Patents, Coordinates and CETEC survey and a valuation.
The powers of KHPA have never ceased to exist and it has been wielded by representatives of inherent and competent authority with good intentions in remaking an unperfected claim to the North Pole into a World Heritage Site held within Royal Patents showing metes and bounds and surveyed lawfully without objection or opposition by the government of KHPA.
By: Jurists Council of Ko Hawaii Pae Aina
For: Ka Hilinai Akau
Issue date: May 1, 2012
Koe ne mana a pau, aale palaha na pono.