Proclamation

 
 

 

Ku`pa maka`ainana. Kanaka Maoli’s, and the nations of this world. Aloha maio' kou. On January 17, 1893, our much beloved Ali'i Nui Queen Lili'uokalani wrote, of her sincerest hope, in being reinstated as the Constitutional Sovereign of the (paemo'ku) Hawaiian Islands and all it represents. Unfortunately, her Royal Majesty, was dethroned, and unlawfully imprisoned in Iolani Palace, by her conspirators; missionaries, professing the word of 'God' while plotting to steal the Kingdom of Hawai`i. They succeeded.

A provisional government made up of these traitorous Christians was set up to overthrow the Queens Government, for its rich soil to grow sugar for big profit. Sugar was the main object of great wealth, power, lust, greed, vanity and, all evil persuasion, to annex Hawai'i into statehood. Their success will guarantee that, their un1awful campaign would be assured.

In a message to Congress, President Grover Cleveland, did on December 18, 1893, say: In my recent annual message to Congress, I briefly referred to our relations with Hawai'i and expressed the intention of transmitting further information on the subject of annexation. Though I am not able now to report a definite change in the actual situation, through Executive Action, of the prob1em presented, render it proper, and expedient, that the matter should be referred to the broader authority and discretion of Congress, with a full explanation of a statement of the considerations which have governed my actions. I suppose that right and justice should determine the path to be followed in treating this subject. If national honesty is to be disregarded and a desire for territorial extension, or dissatisfaction with a form of government not our own, ought to regulate our conduct, 1 have entirely misapprehended the mission and character of our government, and the behavior which the conscience of our people demands of OUT public servants.

The ownership of Hawai'i. was tendered to us by a provisional government set up to succeed the Constitutional Ruler of the Hawaiian Islands, who had been dethroned and it did not appear that such provisional government had the sanction of either popular revolution or suffrage.

The attempt will not be made in this communication to touch upon all the facts, which throw light upon the progress and consummation of this scheme of annexation. A very brief and imperfect reference to the facts and evidence at hand will exhibit its character and the incidents in which it had its birth.

The Hawaiian pear is now fully ripe and this is the golden hour for the United States to pluck it. U.S. Marines of 160 in all were supplied with double cartridge belts filled with ammunition and with haversacks and canteens, and were accompanied by a hospital corps with stretchers and medical supplies. This military demonstration upon the soil of Honolulu was of itself an act of war, unless made either with the consent of the Government of Hawai'i or for the bona fide purpose of protecting the imperiled lives and property of citizens of the United States. There is no pretense of any such consent on the part of the Government of the Queen, which at the time was undisputed and was both the de facto and the de jure government.

Thus it appears that, Hawai`i was taken possession of by the United States Forces without the consent or wish of the government of the islands, or of anybody else so far as shown, except the United States Minister, John L. Stevens. Therefore, the military occupation of Honolulu by the United States on the day mentioned was wholly without justification, either as an occupation by consent or as an occupation necessitated by dangers threatening American life and property.

I believe that a candid and thorough examination of the facts will force the conviction that the provisional government owes its existence to an armed invasion by the United States. Fair-minded people with the evidence before them will hardly claim that the Hawaiian Government was overthrown by the people of the islands or that the provisional government had ever existed with their consent. I do not understand that any member of this government claims that the people would uphold it by their suffrages if they were allowed to vote on the question of annexation.

As I apprehend the situation, we are brought face to face with the following conditions: The lawful Government of Hawai`i was overthrown without the drawing of a sword or the firing of a shot by a process every step of which, it may safely be asserted, is directly traceable to and dependent for its success upon the agency of the United States Minister for annexation, the Committee of Safety, which should be called the Committee of Annexation would never have existed. But for the landing of the United Slates Marines upon false pretexts respecting the danger to life and property the committee would never have exposed themselves to the pains and penalties of treason by undertaking the subversion of the Queens Government.

But for the presence of the United States Forces in the most immediate vicinity and in position to afford all needed protection and support, the committee would not have proclaimed the provisional government from the steps of the government building. And finally, but for the lawless occupation of Honolulu under false pretexts by the United States Forces, and but for Minister Steven's recognition of the provisional government when the United States Forces were its sole support and constituted its only military strength, the Queen and her Government would never have yielded to the provisional government, even for a time and for the sole purpose of submitting her case to the enlightened justice of the United States.

Believing, the United States could not, under the circumstances disclosed, annex the islands without justly incurring the imputation of acquiring them by unjustifiable methods, I shall not again submit the treaty of annexation to the Senate for its consideration, and in the instructions to Minister Willis, a copy of which accompanies this message, I have directed him to so inform the provisional government.

But in the present instance our duty does not, in my opinion, end with refusing to consummate this questionable transaction. It has been the boast of our Government that it seeks to do justice in all things without regard to the strength or weakness of those with whom it deals. I mistake the American people if they favor the odious doctrine that there is no such thing as International Morality, that there is one law for a strong nation and another for a weak one, and that even by indirection a strong power may with impunity despoil a weak one of its territory.

By an act of war committed with the participation of a diplomatic representative of the United States and without authority of Congress, the Government of a feeble but friendly and confiding people has been overthrown. A substantial wrong has done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair.

The law of nations is founded upon reason and justice, and the roles of conduct governing individua1 relations between citizens or subjects of a civilized state are equally applicable as between enlightened nations. The considerations that international law is without a court for its enforcement, and that national law is without a court for its enforcement, and that obedience to its commands practically depends upon good faith, instead of upon the mandate of a superior tribunal, only give additional sanction to the law itself and brand any deliberate infraction of it not merely as a wrong but as a disgrace.

A man of true honor protects the unwritten word which binds his conscience more scrupulously, if possible, than he does the bond it breach of which subjects him to legal liabilities; and the United States aiming to maintain itself as one of the most enlightened of nations would do its citizens gross injustice if it applied to its International Relations any other than a high standard of honor and morality. On that ground, the United States can not properly be put in the position of countenancing to it in advance. On that ground it can not allow itself to refuse to redress an injury inflicted through an abuse of power by officers clothed with its authority and wearing its uniform; and on the same ground, if a feeble but friendly state is in danger of being robbed of its independence and its pure sovereignty by a misuse of the name and power of the United States, the United States can not fail to vindicate its honor and its sense of justice by an earnest effort to make all possible reparation.

These principles apply to the present case with irresistible force when the special conditions of the Queen's surrender of her sovereignty are recalled. She surrendered not to the provisional government, but to the United States. She surrendered not absolutely and permanently, but temporarily and conditional1y until such time as the facts could be considered by the United States. Furthermore, the provisional government acquiesced in her surrender in that manner and on those terms, not only by tacit consent, but through the positive acts of some members of that government who urged her peaceable submission, not merely to avoid bloodshed but because she could place implicit reliance upon the justice of the United States, and that the whole subject would be finally considered at Washington.

Actuated by these desires and purposes, and not unmindful of the inherent perplexities of the situation nor of the limitations upon my power, I instructed Minister Willis to advise the Queen and her supporters of my desire to aid in the restoration of the status existing before the lawless landing of the United States Forces at Honolulu on the 16th day of January, last, if such restoration could be effected upon terms providing for clemency as well as justice to all parties concerned. The conditions suggested, as the instructions show, contemplate a general amnesty to those concerned in setting up the provisional government and a recognition of all its bona fide acts and obligations. In short, they require that the past should be buried, and that the restored government should reassume its authority as if its continuity had not been interrupted. These conditions have not proved acceptable to the Queen, and though she has been informed that they will be insisted upon, and that, unless acceded to, the efforts of the President to aid in the restoration of her government wil1 cease, I have: not thus far learned that she is willing to ' yield her acquiescence.

President Cleveland, closed his message by giving Congress) absolute control over a potential solution to the overthrow of Queen Lili'uokalani and her Government. When Congress was pressed for a decision, by the president of immoral and illegal wrongdoer by the United States in the setting of this most useless and worthless, non-representative government, Congress conveniently decided they should follow the precepts of International Law, and not interfere in the Internal Affairs of the Kingdom of Hawai`i. The Christian traitors betrayed Key Akua Manna Loa (Almighty) and, their church. They committed Grand Theft Larceny and all manner of evil yet, they were al1owed to stay in power as, the provisional government in Hawai`i sanctioned and protected by the United States of America. Why? Because they were Americans.

Grover Cleveland, did what Pilate, the Roman Procurator in ancient Judaea did. over 2,000 years ago when he to ok water and washed his hands saying, he was innocent, thinking, the blood of Jesus Christ the beloved Son of 'God', would not be stained to him, Cleveland, like Pilate, had the power and authority, to make an Executive Decision to punish the perpetrators responsible for their crimes and right the wrongs blatant, in the eyes of good conscience law. Cleveland, rather than exercising his presidential duties choose to give the matter to Congress, thinking that, this executive decision would not stain his hands of the blood of the Kanaka Maoli's, wanting immediate justice for the evils that, overshadowed the Kingdom of Hawai'i. Auwe auwe, Ke Akua Ma'na Lo'a, why has thou forsaken us.

President Clinton, like his predecessors before him had the power and authority to issue an Executive Order to Congress, telling them to repair the damage created by the United States against the Kingdom of Hawai`i. Clinton, could have appealed to the United Nations, and the United Nations Security Council, for advice in righting the substantial wrongs, committed against all Kanaka Maoli's under the care and protection of the Queen, her Government, and the Hawaiian Constitution. There were many good things Clinton could have done but choose to receive gifts and great sums of money from a known criminal living in another country to avoid criminal prosecution. Well, before this criminal could be brought back to stand trial for his obvious crimes, President Clinton, pardons him. This is a testament that, people with money, can buy ready deals, and get pardoned.

My profound Aloha to Senators Inouye and Akaka. Were it not for them, the apology bill would not have been realized. For political reasons, Clinton did sign on November 23, 1993, U.S. Public Law 103-150 'The Apology Resolution of the Joint Resolution 18,103d Congress, into public law. After signing this bill, he did nothing else to help restore the Kingdom of Hawai`i to its natural splendor.

In part, the apology reads: Prior to the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion.

That a unified Monarchical Government of the Hawaiian Islands was established in 1810 under King Kamehameha the 1st, from 1826 until 1893, the United States recognized the Independence of the Kingdom of Hawai`i extended full and complete diplomatic recognition, to the Hawaiian Government, and entered into treaties and conventions with the Hawaiian Monarchs to govern commerce, and navigation in 1826, 1842, 1849, 1875, and 1887.

That the Congregational Church (Now known as the United Church of Christ), through its American board of Commissioners for foreign missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawai`i between 1820 and 1850.

That on January 14, 1893, John L. Stevens, the United States Minister assigned to the Sovereign and Independent Kingdom of Hawai`i conspired with a small group of non-Hawaiian residents (the provisional government) against the Hawaiian Kingdom. In pursuance of the conspiracy to overthrow the government of Hawai`i, the United States Minister and the Naval Representatives of the United State caused armed Naval Forces of the United States to invade the Sovereign Hawaiian Nation of January 16, 1893, and to position themselves near the Hawaiian government buildings and the Iolani Palace to intimidate, Queen Lili'uokalani and her government.

That on the afternoon of January 16, 1893, a committee of safety that represented the American and Europeans Sugar planters, descendants of missionaries, and financiers deposed the Hawaiian Monarch and proclaimed the establishment of a provisional government.

This diabolical scheme to steal the Hawaiian Islands and overthrow the Queen and Government through conspiracy, lies, fraud, deceit, murder, and all manner of evil started with a group of unholy ordained missionaries in sheep clothing. Rather then teach the Ka pala`pala Hemole`le (Bible), they were abusing the love and aloha of our people. These perpetrators committed their crimes knowing, they would cause great and terrible damage. Despite these terrible truths, the biggest perpetrators are the United States Government. More specifically, the President of the United States, and the United States Congress. The United States violated there own Constitutional Laws, the Hawaiian Constitution, and Treaties. Treaties were and still are the Supreme Law of the land and of nations. Today, history points to these facts.

In Pu'le (prayer), I spoke to Ke Akua Ma'na Lo'a, asking for his aloha. With his pomaika’i (blessings), I, along with the Kupuna Action Council, wrote a proclamation saying: Acts of law enacted by the Prime Minister and the Legislative assembly, the Kupuna Action Council, of the Hawaiian Kingdom assembled this January 17, 2002. Be it therefore enacted that, any and all claims be to any citizen of the Hawaiian Kingdom, be made, any action taken or brought against, for relief of, or process of any kind, that all such preceding shall be done and within the jurisdiction of the Hawaiian Kingdom, and according to the laws of the Kingdom only. This day forward, the laws of the United States of America, and the State of Hawai`i, are herewith cancelled, null, void, and moot. No jurisdiction.

When this proclamation was issued many non-Hawaiians respected its contents. And, offered their unconditional support. Others were offended. Their ignorance of the horrific evil against the Kanaka Maolis blinded their eyes to reason and righteous justice. I make no apologies for the truth of my convictions echoed throughout Hawai`i Nei. I am Kanaka Maoli, a true and faithful son of this aina (land) and, a man of Ke Akua Ma'na Lo'a.=  A terrible crime against my people was committed, perpetrated by the United States of America.  

In the Ka pala'pala Hemole'le (Bible) Luke 16:15, it reads: "And he said  unto them. Ye are they which justify yourselves before men; but God knoweth your hearts; for that which is highly esteemed among men is abomination in the sight of God."  There is no question of the crimes committed against the Kingdom by the enlightened government of the United States of America.  As, those crimes are well documented on earth and heaven. The unlawful occupation of the Hawaiian Islands must come to an end. And, the rightful law of the Kingdom of Hawai`i, restored.

I am deeply concerned for the welfare and well being, of all Kanaka Maoli's as they rank first with most Western diseases. They have the highest death rate from heart diseases, from stroke, from lung cancer, breast cancer, cancer of the stomach, of the esophagus, of the uterus, and of the pancreas. They have the highest infant mortality rate. And, they are first with diabetes, hypertension, and kidney failures. In short, the indigenous peoples of Hawai`i, have the shortest life expectancy of all the peoples living in Hawai`i today.

Aside from the terrible health factors, the cost of living in Hawai`i is high. The Kanaka Maoli's cannot afford to buy land to grow their indigenous foods. And, what lands, they were able to lease, is being taken by the Christian ancestors (descendents) of those that stole Hawai`i. I am distressed with a burning heart to see my people free. Free from a culture that is destroying the very essence of their being.

I believe Justice makes a nation great and the greater a nation, the more solicitous wi1l it be to see that injustice shall not befall even its most humble citizen. Woe upon any nation when only those who possess money and influence can secure ready justice before its courts. It is the sacred duty of a magistrate to acquit the innocent as well as to punish the guilty upon the impartiality, fairness and integrity of its courts the endurance of a nation depends.

All Kanaka Maoli’s, the State of Hawai`i, the Executive, Legislative, Judicial, and Military Branches of the United States Government; the United Nations, and the United Nations Security Council; and, the Religions of the World. If there is to be justice for the Kanaka Maoli's, then it must be seized. With that, there must be the critical eye of the Guardians of the United States Constitution, the Declaration of Human Rights, Laws of Nations. and Canon Laws righteous before Ke Akua Ma'na Lo'a (Almighty 'God') who are strong yet discerning to be able to know the differences between honor and dishonor, light and darkness, conspiracy and motives; logic and wisdom of the laws that protects, all life on earth, their culture, and traditions. The Guardians of enlightened law must divorce themselves from the world and look into the spirit of Righteous Law for therein lies the ultimate truth. Truth is inconcussible - forever exempt from all transient vicissitudes. Albeit, never dead and formal, always vibrant, adaptable and radiantly alive. I believe this. With all my heart and soul, I believe this.

Our people arc few. Yet, they far outnumber non-Hawaiians in jail and prisons. And, I want them all out. And, returned back to their roots, their families, and our Kingdom Laws. Without money, they had to depend upon public defenders of the State to assist them. These public defenders are no more than penitentiary dispatchers working for the government of the State. And, for political gains.

Kanaka Maoli's are an endangered people, forced to live in a culture, tradition, and life sty1e, not our own. And, it’s destroying us. We are people of the land and seas. We are a cultural people with traditions dating back to the start of time. We are a 'Nation' older than the United States of America. We are a people that must forsake the bonds that bind us to a government forced upon us through all manner of evil.

We Kanaka Maoli's sense differently then others living upon the aina (land). We feel the winds, we hear the call of the seas, and we are at peace with nature. We are careful to obey the calls of our Kupuna Kahi'ko (Elders), because in them lies the Old Hawai`i. We respect our Kupuna Kahi'ko's and the land that gave us birth. Hawai`i isn't for Westerners to exploit for profit. It belongs to us, the Kanaka Maoli's, and we have the sacred duty to protect this land for our Kamali'i (Children).

Hawai`i, the entire paemo'ku (archipelago), is a gift and great blessing from Ke Akua Ma'na Lo'a, the creator of this world and all worlds without end, was created by him who gave us life, the Hawaiian Islands, our prosperity, and freedom. We are the lawful heirs and stewards of this aina, and the Kingdom of Hawai`i. When this aina was in our care, it was rich in vegetation, truly the land of paradise. The fish ponds were in great abundance with all species of indigenous sea life, and the surrounding ocean were teaming with life. That's the true Hawai`i and we want it back, so we can restore paradise.

Queen Lili'uokalani, was a 'God' fearing woman, and believed in the greater good that, the Kingdom would be restored in her life time. But auwe (alas) she died, and her dreams passed away with her. Although the Queen is dead, her prayer to Ke Akua Ma'na Lo'a is being answered through her pu`a ma`mo (descendants) who are reclaiming what is lawfully theirs, our cultural and traditional way of life, to be Kanaka Maoli's.

On September 28, 1999, the Na Kupuna Council Hawai`i Moku did under Article 33 of the Hawaiian Constitution of 1839-1840, appoint me as the Lawful Prime Minister of the Hawaiian Kingdom. Artic1e 33 states: In the absence of a Monarch or a lawful successor, the cabinet shall serve as the Council of Regency, in order to reconvene the Legislative Assembly. To date, I am that lawful1y appointed Head of State of the Kingdom of Hawai`i duly sworn, to uphold the Laws and Constitution of the Kingdom.

I, Samuel Keolamauloa Kaluna, Jr., along with the Council of Regency, Na Kupuna Council 0' Hawai`i Nei, and the Na Kupuna Council Hawai`i Moku of the Legislative body of Government, hereby Proclaim that, Edmund Kelii Silva, Jr. is a lawful successor to Ali`i Nui's (High Chiefs) of ancient Hawai`i and a Direct Lineal Heir to the Kingdom. He carries the ko'ko (blood) line to King Kamehameha the Great and King Kamehameha Nui of Maui. Like our beloved Queen who was falsely imprisoned, so is the heir to the Kingdom of Hawai`i.

The heir to the Kingdom of Hawai`i is being held against his will, in a prison, in the State of Colorado. In an Affidavit to the Governors of Hawai`i and Colorado Edmund Kelii Silva Jr. proclaimed his innocence that, the money he obtained, was loaned and given to him. These moneys were borrowed, not taken. Yet, he was convicted on his intentions. Having examined the records, I proclaim that, he is innocent of any criminal wrongs that, this matter is truly a civil issue only.  

Because the heir to the Kingdom was unable to obtain private attorneys, he had to rely upon public defenders to be his advocates. These attorneys, knowing he was standing upon Kingdom law did very little to acquit him.

A subsequent affidavit went out to the President of the United States, the Secretary of State, the Secretary of Defense, the United State Supreme Court, the Attorney General of the United States, the Secretary General of the United Nations, and the United Nations Security Council. This affidavit asked for Equal Protection and Due Process of Law. The legal authority cited were - The United States Constitution, the Hawaiian Magnacarta of 1839, under Kauikeaouli King Kamehameha III, which was the preamble to the First Hawaiian Constitution of 1839-1840 amended in 1852, 1864, 1887 under the Republic of Hawai`i Constitution of 1894. Also under the Organic Act of 1900 and the Admissions Act of 1959, U.S- Public Law 101-601 HR 5237 November 16, 1990 Native American Graves Protection Act. 104 Stat. 3048 - Stat. 305825 USC 3, 001 (Definition of Native Hawaiian).

Well within his Sovereign Rights, Edmund Kelii Silva, Jr., proclaimed, he is a direct lineal heir to King Kamehameha the Great and King Kamehameha Nui of the island of Maui. He further stated he is a Kanaka Maoli, and a true son to the aina (land). Vehemently, he protested against the actions taken by the criminal courts; the matter was only a civil issue and his intentions, are to repay the debt.

Having reviewed the files by the Minister of the Interior Roger James, as well as the Legislative and Judiciary body of government, we've determined that he is innocent of any criminal wrongdoing and he should be immediately released.

Therefore, the Government of the Kingdom of Hawai`i, calls upon the Governor of the State of Hawai`i and the Governor of the State of Colorado to tender an immediate release order to the Department of Corrections and release Edmund Kelii Silva, Jr. and return him home to the Hawaiian Islands and to take his rightful position in the Kingdom of Hawai`i.

I call upon the Royal(s) of Tonga, Japan, Belgium, Denmark, Luxembourg, Monaco, the Netherlands, Norway, Sweden, Jordan, Kuwait, Syria, Lebanon, Saudi Arabia, Egypt, Iran, The United Kingdom of Great Britain, and throughout the world, to help us restore the Kingdom of Hawai`i and to acknowledge his Royal Highness Edmund Kelii Silva, Jr. a successor to the Kingdom of Hawai`i. In addition, to enter into Govern Treaties with the Kingdom Respectfully

 

CONCLUSION

109 years passed, since, the unlawful overthrow of the Kingdom, An awakening of our people has stirred within us of the memories of our forebears, with a powerful desire to honor their horrific suffering and sorrows and, unconditional sacrifice for an independent Hawai`i. Let their sacrifice not go in vain. Unite with me and restore our Kingdom to its original splendor and beauty as Ke Akua Ma'na Lo'a intended.

I, Samuel Keolamauloa Ka1una., Jr., Prime Minister of the Kingdom of Hawai`i, Proclaim all these writings to be true and a definitive - - Conclusion of FACTS and Law. If, these writings are false, then, The United States Constitution, The Bill of Rights, The Hawaiian Constitution, The Declaration of Human Rights, The Apology Bill, and the Message to Congress from President Grover Cleveland are false. Therefore,

I call upon the entire paemo'ku (Hawaiian Islands) to unite as one Ke Aupuni (Nation) under Ke Akua Ma'na Lo'a. I, call upon all Kanaka Maoli's (Indigenous ­Hawaiians) to put aside all their piliki'a, foolish pride, arrogance and pi'lau talk against each other as these negatives will only push us further away from each other. Malama each other and forgive. Love each other in strength, honor, integrity, and faith. Help me Kanaka Maoli's, to restore Hawai`i Nei, our mea aloha aina, back to its true paradisiacal state of glory.

I call upon the good - God fearing citizens of the United States to write their Congressmen - woman and Senators, telling them to right the substantial wrongs against a1l Kanaka Maoli' s and help us restore the Kingdom of Hawai`i.

I call upon the United Nations and the United Nations Security Counsel to hold accountable the United States Government for their documented crimes against all Kanaka Maoli's.

I call upon the United States Government to honor their policies against terrorism and do not intimidate, threaten, or conspire to put my people in prison for standing upon their Kingdom Laws and its Constitution. Do not force my people to support a Nation that is not theirs. Do not continue to do evil against my people by forcing your laws, will, and traditions upon them.

Profoundly and with the sincerest aloha, I proclaim to the United States of America, The United Kingdom of Great Britain, and the United Nations that, His Royal Highness Edmund Kelii Silva, Jr., is a Lawful Successor and Heir to the Kingdom of Hawai`i. I encourage His Royal Highness to accept the Crown and Throne as, the Constitutional Monarch - Ali'i Nui of Hawai`i. To be a faithful protector and good steward to the archipelago (pae mo`ku). To care for his beloved people and to initiate laws that are good and pleasing unto Ke Akua Ma'na Lo'a.

We are Kanaka Maoli's, a simple people. A people that loves Ke Akua Ma'na Lo'a. Respect our Sovereign Rights to restore the Kingdom of Hawaiian Traditions, Culture, and way of life. Let us live in peace and give us your pomaika'i (Blessings).

This Official Proclamation is made on this 22nd day of November, 2002.  And, properly Executed by the Lawful Appointed Prime Minister of the Kingdom of Hawai`i. pursuant to Article 33 of the Hawaiian Constitution of 1839-1840. And Lawfully Executed by the Royal Kupuna Council of the Legislative Body of Government. Our Official Signature is hereby subscribed and Witnessed by an Agent/Notary Public of the State of Hawai`i.

/s/ Samuel Keolamauloa Kaluna, Jr.

Prime Minister - Kingdom of Hawai`i

Na Kupuna Council O' Hawai`i Nei

Na Kupuna Council Hawai`i Moku

STATE OF HAWAI`I

COUNTY OF HAWAI'I

On this 22nd day of November, 2002, before me the undersigned notary public personally appeared Samuel Keolamauloa Kaluna, Jr., personally known or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument and acknowledged that he executed it.

Aei'a, hi'ki no Ke Akua Ma'na Lo'a, bless this our endeavors.

Malama Pono.

P.O. Box 172

Pahala Ka'u, Hawai`i 96777

CERTIFICATION OF MAILING

I, Samuel Keolamauloa Kaluna, Jr., do hereby certify that a true and correct copy of the foregoing Proclamation was placed in the United States Mail, sufficient postage prepaid, correctly addressed to the following at their respective addresses as indicated, on the 27th day of November, 2002:

George W. Bush

President of the United States 

THE PRESIDENTIAL WHITE HOUSE

1600 Pennsylvania Avenue, N .W. 

Washington, D.C., 25500

 

Donald Rumsfeld

Secretary of Defense

1000 Defense Pentagon 

Washington, D.C. 20301.1000

Kofi Annan

Secretary General, United Nations

S-378

New York, New York 10017

Bill Owens

Honorable Governor

136 State Capitol

200 Ease Colfax Avenue 

Denver, Colorado 80203-1792  

Ken Salazar

Attorney General

State Services Building

1525 Sherman Street Fifth Floor

Denver, Colorado 80203

 

Ben Cayetano

Honorable Governor

The Executive Chambers

Hawai`i State Capital

Honolulu, Hawai`i 96817

 

Mr. Silva was charged with the Colorado's non-forcible appropriation of another's property, which amounts to a civil matter. The core elements of theft, which is defined and prohibited by section 18-4-401 of the Colorado Criminal Code, are the knowing obtaining of or exercising of control over anything of value of another without authorization or by threat or deception. Concerning theft by deception, the variety of the offense is said to require proof of "intent to defraud." "It also apparently requires proof that the victim parted with her property in reliance on the fraudulent representations." Here in this case, Mr. Silva and the alleged victim had a mutually compatible interest in the money and it was impossible for Mr. Silva to commit theft of this money for that particular reason. See People v. McCain, 552 P.2d 20, 22 (1976). This business transaction is covered by another Colorado statute thus the theft statute is unconstitutionally applied.
/s/

 

     

 

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