Vol VII No. 737 Part 1a

Reference: https://www.facebook.com/notes/the-hawaiian-law-foundation/justice-for-hawaiians-right-where-queen-liliuokalani-left-it/2209488182415060/

Justice for Hawaiians, right where Queen Liliuokalani left it?

The Hawaiian Law Foundation·Monday, November 19, 2018

There is ongoing confusion of where Hawaiians can obtain justice in the courts, some folks feel justice can only be found in the international courts, others feel they must create their own courts.

What if the modern courts of the state of Hawaii claim they were created by the legislature of the Hawaiian Kingdom?

FACTS:

HRS §601-1 Judiciary. There shall be a branch of government, styled the judiciary. [L 1892, c 57, §1; RL 1925, §2211; RL 1935, §3570; RL 1945, §9571; RL 1955, §213-1; am L 1959, c 259, §1(a); HRS §601-1; am L 1974, c 159, §14]

Please note in the brackets above “L 1892, c 57, §1”

This somewhat secret code means “Session Laws of the Hawaiian Kingdom, 1892, chapter 57, section 1”

This law, Chapter LVII. An Act, To Reorganize The Judiciary Department was enacted by the legislature of the Hawaiian Kingdom, approved by Queen Liliuokalani, and became law on January 1, 1893.

There is an urban myth that the state of Hawaii does not recognize Hawaiian Kingdom Law, yet when you look at the first foundational law of the modern state of Hawaii, HRS 1-1

HRS 1-1 Common law of the State; exceptions. The common law of England, as ascertained by English and American decisions, is declared to be the common law of the State of Hawaii in all cases, except as otherwise expressly provided by the Constitution or laws of the United States, or by the laws of the State, or fixed by Hawaiian judicial precedent, or established by Hawaiian usage; provided that no person shall be subject to criminal proceedings except as provided by the written laws of the United States or of the State. [L 1892, c 57, §5; am L 1903, c 32, §2; RL 1925, §1; RL 1935, §1; RL 1945, §1; RL 1955, §1-1; HRS §1-1]

Please note in the brackets above “L 1892, c 57, §5”

You will note that the law above looks just like the one enacted by the enacted below by the legislature of the Hawaiian Kingdom, approved by Queen Liliuokalani.

‘The common law of England, as ascertained by English and American decisions, is hereby declared to be the common law of the Hawaiian Islands in all cases, except as otherwise expressly provided by the Hawaiian Constitution or laws, or fixed by Hawaiian judicial precedent, or established by Hawaiian national usage, provided however, that no person shall be subject to criminal proceedings except as provided by the Hawaiian laws’ [Session Laws of the Hawaiian Islands (1892), Chapter LVII. An Act, To Reorganize The Judiciary Department, Section 5)

The facts are Queen Liliuokalani was cleaning up laws enacted prior to 1892, and this law locked in “Hawaiian National usage”, simply meaning all the laws of the Hawaiian Kingdom, prior to 11/25/1892.

The opening of the door to the laws of the Hawaiian Kingdom is found in HRS 1-1, which indicates “fixed by Hawaiian judicial precedent, or established by Hawaiian usage”.

The key to open this door is only persons who have placed their nationality, according to “Hawaiian National usage”, or have given their allegiance to the Hawaiian Kingdom, have standing to claim protection under Hawaiian Kingdom Laws.

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