Writ of Prohibition Part III

(Return to PartII) (Return to Part I)

 

Do you have a lawful governmental foundation and lawful jurisdiction over the aboriginal Na Kanaka Maoli Hawai'i (Hawaiian people) by the illegitimate state of Hawai'i and its entities since January 16,1893 and to this present day in 2001? (Read Justice O Connor Opinion USSC) The apology letter from the U.C.C. (United Church Of Christ), U.S. P.L. 103-150 and the Japanese American Citizens League (JACL) 1992 National Convention RESOLUTION REAFFIRMING SUPPORT FOR THE RESTORATION OF HUMAN, CIVIL, PROPERTY AND SOVEREIGN RIGHTS OF HAWAII'S INDIGENOUS PEOPLE.

 

Yes ( ) Please explain in full with attached lawful documentation of original evidence truth of law.

 

No ( ) No Jurisdiction

 

Sworn Officials of the United States of America, being duly sworn on oath, deposes say; That the foregoing question is answered to the best of his or her knowledge and behalf.

 

signature

 

Print name

 

Position

 

Subscribed and sworn to before me

this day of

 

Notary Public, United States of America

My commission expires:

FOOTNOTES

(1) This memorandum uses the term Kingdom of Hawai'i and a number of other terms to refer to as the nation of Hawai'i, the Hawaiian Kingdom, Hawaiian nation. The term nation here is not meant to be in derogation of the full international rights and privileges of those entities termed "states" or "nation-states" in international law but instead should be read with equal status with those.

(2)Schooner Exchange v. McFaddon 11 U.S. 116, 135 (1812

(3)Digression from the Spirit of Self-Determination and Hawaiian Sovereignty pp. 5-6

(4)See Grover Cleveland's Message to the Joint Houses of Congress, December 18, 1893, Richardson, A compilation of the messages and Papers of the President; 1789-1908. Vol. IX (1993)

(5)Cleveland's Message, infra, U.S. Acknowledgment and Apology for the Overthrow of the Kingdom of Hawai'i, S.J. Res. 19. 103d Congress, 1st Sess, PL 103-150 (107 Stat 1510) 1993

(6)See note 3 pp.14-15

(7)See infra at pp13-14

(8)See note 3 pp. 13-14

(9)Ku'e:The Hui Aloha 'Aina Anti-Annexation Petitions 1897-1898, compiled by Nalani Minton and Noenoe K Silva

(10)U.S. Constitution Art. 2. sec.2

(11)See note 3 pp. 12-15

(12)Newlands Resolution of July 7, 1898; 30 Stat. 750; 2 Supp. R.S. 895

(13)See note 3 pp. 16-22

(14)Principles Which Should Guide Members in Determining Whether of not an obligation Exists to transmit the Information, Called for in Article 73(e) of the Charter of the United Nations, Annex to GA Res. 1541 (XV) of 15 December 1960

(15)The Admission Act of March 18, 1959, Pub Law 86-3, 73 Stat 4.

(16)U.S. Constitution, Art. VI.

(17)U.S. Constitution, Art. 1 sec.8 Piracies & felonies-10

(18)The Paquete Habana; the Lola 175 U.S. Reports 677 (1900)

(19)Ka wai Ola o OHA vol 16, number 8, 'Aukake 1999 pg. 1 & pg.9

(20)See Fitzmaurice, "The Foundations of the authority of International Law and the Problem of Enforcement," 19 Modern L. Rev. 1, 1-2, 8-9 (1956); Weston, Falk and D'Amato, International Law and World Order, West Publishing Co. 1980 p. 116 et seq.

(21)U.S. Constitution Art. VI

(22)Werner Levi, Comemporary International Law: A Cincise Introduction, Westview Press, Colorado, 1979 at p. 25; Article 13, Declaration of Rights and Duties of States adopted by the International Law Commission 1949; The judgment at Nuremberg, 1 International Military Tribunal, of the Major War Criminals 171 (1947)

(23)See also Schooner Exchange v. McFaddon, 11 U.S. 116, 135 (1812)

(24)Art. 1 p. 908 William M.Malloy, Treaties Conventions, International Acts, Protocols and Agreements between the United States of America and Other Powers 1776-1909, Vol. 1, Washington, Government Printing Office, 1910.

(25)Letter from Pierce to Fish, February 17, 1873, house Executive Document,

53 Congress 2nd Session, Washington, D.C. 1895, hereinafter cited as the Blount Report, p. 153; Rich Budnick, Stolen Kingdom; an American Conspiracy, Aloha Press 1992, pp.36 & 37.

(26)Budnick at p. 37&38; Blount Report at pp. 153, 154, &158.

(27)P. Laenui, "Three Days in January" The Overthrow if the Hawaiian Monarchy, a companion booklet to a Nine Hour Radio Broadcast of the Event of the Century, Hawaiian National Broadcast Corporation, Honolulu, 1993 at 12.

(28)Ibid at 10. Blount Report p. 182

(29)Gavin Daws, Shoal Of Time; A history of the Hawaiian Islands, U.H. Press, 1974, p. 266.

(30)President Grover Cleveland's Message to the Congress of the United States on December 18, 1893, Executive Doc. no. 47, 53rd Congress, 2nd Session, House of Representative; Apology Bill, PL. 103-150; Liliu'okalani, Hawaii's Story by Hawaii's Queen, Tuttle Press, Tokyo 1965

(31)"acts of aggression constitutes international crimes against the human species." Unanimous resolution of 18 February 1928 of 21 American republics at the Sixth (Havana) Pan-American Conference. International Law & World Order, Note 20, supra, at p, 155; By 1893, acts of aggression were already contrary to international law in the Americas and in the South Pacific. Kazi Aktar Hamid, Self-Determination; The Case Study of Hawai'i, Dissertation for the degree of the Doctor of Laws (LL.) 4 November 1991, University of Ottawa, p. 246-247.

(32)Dispatch from Pageot, French representative in Washington, to Guizot, French minister of Foreign Affairs, no. 55, June 11, 1844, AMAE (Paris), Etats Unis, Vol. C.

(33)Judicial Decisions, International Military Tribunal (Nuremberg). Judgment and Sentences; 41 American Journal of International Law 174 (1947).

(34)U.N. General Assembly Resolution 95(1), U.N. Doc. A/6. At 188 (1946).

(35)Apology Bill, PL. 103-150, Cleveland's Message, infra, U.S Acknowledgment and Apology for the Overthrow of the Kingdom of Hawai'i, S.J. Res. 19, 103d Congress, 1st.Sess, PL. 103-150 (107 Stat. 1510) 1993.

(36)See Nuclear test case (Austl. v. Fr) 1974 I.C.J. 252 (Dec. 20). where the International Court held that:

It is well recognized that declaration made by way of unilateral acts, concerning legal or factual situations,may have the effect of creating legal obligations. Declaration of this kind may be, and often are , very specific. When it is the intention of the State making the declaration that it should become bound according to its terms, that intention confers on the declaration the character of a legal undertaking, the State being thenceforth legal required to follow a course of of conduct consistent with the declaration. All undertaking of this kind. If given publicly, and with an intent to be bound, even through not made within the context of international negotiations, is binding. Id. at 267. (holding France bound to statements made be government ministers). But see Personnel Management v. Richmond, 496 U.S. 414 (1990) ("The United States is neither bound nor estopped by acts of its officers or agents in entering into an arrangement or agreement to do or cause to be done what the law does not sanction or permit."

(37)Overthrow of Hawai'i Resolution, Public Law No.103-150, 1993 U.S.CC.A.N.

(107 Stat.) 1510.

(38)Case concerning the Factory at Chorzow, 1928 P.C.I.J. (ser. A) No. 17, at 47 (Sept. 13). But see J. Patrick Kelly, The Changing Process of International Law and the Role of the World Court, 11 Mich. J. International Law 129, 159(Fall 1989) ("actual practice indicates that compensation is now governed by the doctrine of unjust enrichment rather than a right of restitution").

(39)"Whereas, on the afternoon of January 17, 1883, a Committee of Safety that represented the American and European sugar planters, descendants of missionaries, and financiers disposed the Hawaiian monarchy and proclaimed the establishment of a provisional government." Overthrow of Hawai'i Resolution, Public Law No. 103-150. 1993 U.S.C.C.A.N. (107 Stat.) 1510, 1510-11.

(40)"Whereas, the United States minister thereupon extended diplomatic recognition to the Provisional government that was formed by the conspirators without the consent of The Native Hawaiian people to the lawful government with Hawaii and in violation of treaties between the two nations of international law." Overthrow of Hawai'i Resolution, Public Law No. 103-150, 1993 U.S.C.C.A.N. (107 Stat.) 1510, 1510-11.

(41)See J. Timothy McGuire, International Law and the Administion of Occupied Territories: Two Decades of Israeli Occupation of the West Bank and Gaza Strip, 8 Emory International Law Rev. 383 (1994).

(42)See David I. Schulman, The Israeli-PLO Accord on the Declaration of Principles on Interim Self-Government Arrangements; The First Step Toward Palestinian Self-Determination, 7 Emory International Law Rev. 739 (Fall 1993); Gumar Halley, Issues Confronting the Return of Palestinian Arab Refugees After the 1993 Declaration of Principles on Interim Self-Government Arrangements, 8 Geo. Immigr. L.J. 149 (1994).

(43)Declaration of Principles on Interim Self-government Arrangements. Sept. 13, 1993. 1st.-PLO, art. VI, 32 I.L.M. 1524, 1527.

(44)Overthrow of Hawai'i Resolution Public Law No. 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510 1511.

(45)See Case Concerning Application of the Convention on the Prevention and Punishment of The Crime of Genocide (Bosnia & Herzegovina v. Yugoslavia), 1993 I.C.J. 325 (Sept. 13).

(46)Rights Abuses, 2 New Eur. L. Rev, 159, 187 (Spring 1 See Alan C. Laifer, Note, Never Again? The Concentration Camps in Bosnia Herzegovina; A legal Analysis of Human 994).

(47)" A treaty is void if its conclusion has been procured by the threat or use of force on violation of the principles of international law embodied in the Charter of the United Nations." Vienna Convention of the Law of Treaties, supra note 12, at art. 52.

(48)Overthrow of Hawai'i Resolution, Public Law No. 103-150, 1993 U.S.C.C.A.N. (107 Stat.) 1510, 1512.

(49)Overthrow of Hawai'i Resolution, Public Law 103-150, 1993 U.S.C.C.A.N. (107 Stat.) 1510, 1512.

(50)Id. ("Presidential established investigation conducted by Congressman James Blount into the events surrounding the insurrection and overthrow").

(51)See Nark A. Inciong, Note, The Lost Trust; Native Hawaiian Beneficiaries Under the Hawaiian Homes Commission Act, 8 Ariz. J. Int'l & Comp. L. 174, 191 n.34 (1991) ("The Blount Report ... found that the overthrow ... had been illegal ... and that Liliu'okalani [should] be restored to power").

(52)"whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported fully and accurately on the illegal acts of the conspirators." Overthrow of Hawai'i Resolution, Public Law No. 103-150, 1993 U.S.C.C.A.N. (107 Stat.) 1510, 1511.

(53)Overthrow of Hawai'i Resolution, public Law No. 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510, 1511.

(54)U.N. Charter, art. 1, & 2.

(55)Newlands Resolution, Public Law No. 55, 30 Stat. 750 (1898).

(56)"[I]t was held that, by 1939, the rules on belligerent occupation [that it does not transfer sovereignty] been recognized by all civilized nations and were regarded as being declaratory of the law and customs of war." George Shwwarzenberger. 2 International Law 165 (1965) (citing Nuremberg Judgment, International Military Tribunal, Cmd. 6964 at 65 (1946)).

(57)Overthrow of Hawai'i Resolution, Public Law 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510.

(58) Id. At 1510.

(59)Mililani B. Trask, Historical and Contemporary Hawaiian Self-Determination: A Native Hawaiian Perspective, 8 Ariz. J. Int'l Comp. L. 77, 91-95 (1991).

(60)"[A]nnexation of occupied territory is a violation of international law... Title to the territory in question must not change until there is complete subjection (debellatio) or a peace treaty has been put into effect." Gerhard Von Glahn, Law Among nations 768 (1992).

(61)Overthrow of Hawai'i Resolution, Public Law No. 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510, 1512.

(62)Universal Declaration of Human Rights, G.A. Res. 217 (III) U.N. GAOR, 3d Sess, 61.

(63)Id. at art. 25.

(64)Id. at art. 18.

(65)Overthrow of Hawai'i Resolution, Public Law No. 103-150 1993 U.S.C.C.A.N. (107 Stat.) 1510, 1512.

(66)"Belligerent, occupation does not transfer sovereignty. Instead it transfers to the occupant the authority to exercise some rights of sovereignty." Von Glahn, supra note 58 at 774. See also

(67)Overthrow of Hawai'i Resolution, Public Law, No. 103-150 1993 U.S.C.C.A.N. (107 Stat.)1510, 1512.

(68)See Martin Hession, The Legal Framework of European Community in International Environmental Agreements, 2 New Eur. L. Rev. 59, 103 (Spring 1994).

(69)Overthrow of Hawai'i Resolution, Public Law No. 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510, 1512.

(70)U.N. Charter art. 73, The Admission Act of March 18, 1959, Public Law 86-3, 73 Stat. 4.

(71)U.N. CHARTER art. 1 paragraph 2

(72)Overthrow of Hawai'i Resolution, Public Law No. 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510, 1512.

(73)Convention on the Prevention and Punishment of the Crime of Genocide, January 12, 1951, 78 U.N.T.S. 277.

(74)Genocide Convention Implementation Act of 1987, Public law no. 100-106, 102 Stat. 3045 (1987).

(75)See Case Concerning Application of the Convention on the Prevention and Punishment of The Crime of Genocide (Bosnia & Herzegovina v. Yugoslavia, 1993 I.C.J. 325 (Sept. 13.)

(76)Overthrow of Hawai'i Resolution, Public Law No. 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510, 1513.

(77)Id.

(78)Case Concerning the Factory at Chorzow, 1928 P.C.I.J. (ser. A) No. 17, at 1 (Sept. 13).

(79)Id.

(80)Overthrow of Hawai'i Resolution, Public Law No. 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510, 1513.

(81)Id.

(82)Id.

(83)Id.

(84)Id.

(85)U.N. CHARTER art. 1, paragraph 2.

(86)Overthrow of Hawai'i Resolution, Public Law No. 103-150 1993 U.S.C.C.A.N.

(107 Stat.) 1510, 1513.

(87)Id.

(88)International Covenant on Civil Political, Economic, Social, and Cultural Rights, G.A. Res. 2200 (XXI), U.N. GAOR, 21st Sess., Supp. No. 16 at 49, U.N. Doc. A/6316 (1966).

(89)United Nations Convention on the Law of the Sea, opened for signature Dec. 10, 1982, U.N. Doc. A/CONF.62/122, reprinted in 21 I.L.M. 1261 (1982).

(90)Universal Declaration of Human Rights, G.A. Res. 217 (III), U.N. Doc. A/810, at 71 (1948), reprinted in 21 I.L.M. 1261 (1982).

THESE FOOTNOTES have been set up so that they open in a separate window
than Parts I &II in order that they can be open
side - by- side with the document.

Close window when through with footnotes.

Site hosted by  MauiMacMedic.com