His Majesty Edmund K. Silva, Jr. Nou Ke Akua Ke Aupuni O Hawai’i

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei kingdomofhawaii.info

hmkingdomofhawaii@gmail.com

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” (An autonomous independent sovereign nation-state contemplated

under Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the four qualifications of (a) a permanent population, (b) a defined territory, c) government;

and (d) capacity to enter into relations with the other states.)

August 14, 2015 To: The Honorable David Y. Ige

Governor, State of Hawai’i Executive Chambers, State Capitol 415 Beretania Honolulu, Hawai’i 96813

Info: Pelekikena Barack H. Obama

1600 Pennsylvania Avenue, NW Washington, DC 20500 Secretary-General Ban Ki-moon United Nations Headquarters First Avenue at 46th Street New York, New York 10017 Attorney General Loretta E. Lynch United States Department of Justice 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 Judge Derrick K. Watson Federal Courthouse 300 Ala Moana Blvd. Honolulu, Hawai’i 96813

c.c.: Protectors of the Mountain Mauna a Wākea Vigil Site (Hand Delivery)

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Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

Frank Kamealoha Anuumealani Nobriga Tahuna of the Temple of Lono c/o Lanny Sinkin P. O. Box 944 Hilo, Hawai’i 96721 lanny.sinkin@gmail.com

Suzanne Case Chairperson State of Hawai’i Department of Land and Natural Resources 1151 Punchbowl Honolulu, Hawai’i 96813 dlnr@hawaii.gov Kekoa Kaluhiwa First Deputy State of Hawai’i Department of Land and Natural Resources 1151 Punchbowl Honolulu, Hawai’i 96813 dlnr@hawaii.gov Stephanie Nagata Office of Mauna Kea Management 640 No. A’ohōkū Hilo, Hawai’i 96720 omkm@hawaii.edu Donald “Don” Straney Office of the Chancellor University of Hawai’i Portable Building 20 Hilo, Hawai’i 96720 dstraney@hawaii.edu

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Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

The Office of Hawaiian Affairs 560 Nimitz Highway, Suite 200 Honolulu, Hawai’i 96817 info@oha.org Mayor Billy Kenoi Hawai'i County Building 25 Aupuni St. Hilo, Hawai'i 96720 cohmayor@co.hawaii.hi.us

President David Lassner Office of the President University of Hawai`i 2444 Dole Street, Bachman 202 Honolulu, Hawai`i 96822 david.lassner@hawaii.edu

Chief of Police Harry S. Kubojiri

349 Kapi‘olani Street Hilo Hawai’i 96720 hcpdone@hawaiicounty.gov Douglas Chin Hawai’i Attorney General 425 King Street Honolulu, Hawai’i 96813 FAX: (808) 586-1239 hawaiiag@hawaii.gov Mitch Roth Hawai’i County Prosecuting Attorney 655 Kilauea Avenue Hilo, Hawai’i 96720 hilopros@co.hawaii.hi.us

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Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

Kalani Flores P0 Box 6918 Kamuela, Hawai’i 96743 ekflores@hawaiiantel.net Professor Williamson Chang <wbchang@hawaii.edu> Douglas Ing Attorney for Thirty Meter Telescope Watanabe Ing 999 Bishop Street, 23rd Floor Honolulu, Hawai’i 96813 wikinfo@wik.com

Subject: Moving Forward ― “In giving rights to others which belong to them, we give rights to ourselves and to our country. Right and Rightness” ― JFK Dear Governor Ige, On July 31, 2015, I faxed to you and distributed to various State agencies a proposal for an interim resolution of the controversy surrounding the Thirty Meter Telescope and Mauna a Wākea. The resolution would be for the period extending until the Hawai’i Supreme Court enters its ruling in the TMT case now pending, at which point the agreement would expire. I asked you and the other recipients to respond to the proposed resolution by communicating with my Ali’i Mana’o Nui Lanny Sinkin. Shortly thereafter, the Ali’i Mana’o Nui entered a request for a meeting with you through your website portal. The purpose of the meeting was to determine whether you considered the interim resolution as reasonable and, if not, what you would consider is a reasonable interim resolution. To date, only the Protectors on the Mountain and the Tahuna of the Temple of Lono have responded to the proposed resolution. They would agree to the proposal, if the other parties also agreed. You have not responded to either the proposed resolution or the request for a meeting. I find your failure to respond at all to be rude and insulting. Furthermore, it undermines the principles of good-will and cultural respect.

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Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

My purpose in this message is not, however, to highlight the absence of any response from you to date. I am still looking for paths forward from the current stand off. Shortly after I sent my letter to you, the Department of Land and Natural Resources did proceed to raid the site of the Protectors of the Mountain 24 hour vigil, arresting some of those present and issuing citations to others. When the Ali’i Mana’o Nui asked a member of your staff whether the raid was your response to the proposed resolution, he was advised not to view the raid in that context. Now I am not so sure the two events are not linked. In the absence of a response, you leave me to conclude that you are not interested in a negotiated peace, even during the interim period. I am responding accordingly. I call upon you, the DLNR, and the Hawai’i County Prosecutor to agree to the dismissal of all charges against those who have stepped forward to protect Mauna a Wākea from the criminal trespass and desecration planned by TMT. I call upon you, the DLNR, and the Hawai’i County Prosecutor to agree to rescinding the rules recently adopted by DLNR regarding Mauna a Wākea and/or to suspending the enforcement of those rules. Governor, the Kingdom of Hawai’i is a nation of laws; Laws that serve and protect the people, our lands, air and seas. We honor our ancestors and our God that is the unseen. In 1933, a significant and important event was held in Montevideo supporting the inalienable rights to form a government anchored under the rules of Law and Equity. While this Convention emerged from a meeting of the International Conference of the American States, it is reasonable to assume that principles agreed to by the United States in that meeting apply equally to the United States relationship with nations other than those in the Americas. Many of these principles first emerged from the Peace of Westphalia signed in 1648 and grew to become international law in which the sovereignty of States became the foundation for international order. Article 1 of the Montevideo Convention sets forth criteria for the existence of a State.

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Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

Article 1

“An autonomous independent sovereign nation-state contemplated under Article 1 of

the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a

person of international law possessing the four qualifications of (a) a permanent

population, (b) a defined territory, c) government; and (d) capacity to enter into

relations with the other states”.

Satisfying these four criteria gives me the legal authority to restore and rebuild the Kingdom of Hawai’i Government. Nor are the criteria established in the Montevideo Convention the only criteria for establishing the existence of a State. There are many governance actions taken to date by the Kingdom that establish the Government as operational. Another formulation identifies the characteristics of a state.

The state is an independent organization of land and people. It has a territory, which may be as small as Andorra or as large as China. Second, it has a population, which may vary greatly in size and in degree of homogeneity. The people may or may not be of the same race, religion, ancestry, or occupational habits, and may not even speak the same language; nevertheless, belonging to the state usually develops enough like-mindedness and like interests in a population to differentiate it from the population of outside states. In addition, this population located within a territory is organized: it possesses specialized governing officials who operate in the name of the land and its people. These officials we call the government. They carry out whatever may be the operations of the state at the moment; they may collect taxes, administer justice, or declare the law to the people at large. For the most part these men operate free from dictation from beyond their territory. That is to say, the state as here defined is an independent organization.1

1 I formally separated the Kingdom from the United States through the Declaration issued on

June 23, 2003. http://kingdomofhawaii.info/wp-

content/uploads/2015/01/kingdomofhawaii.info_Right-to-Self-Determination.pdf Twelve years

later, on June 24, 2015, that separation was reaffirmed when Kingdom citizens joined with others

to block the convoy of law enforcement personnel from your nation seeking to facilitate the

TMT construction crew reaching the construction site.

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Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

These several characteristics of the state-a territory, a people, a government, and independence-in combination distinguish well enough for our purposes the state from other forms of social organization, such as the political party, the church, or the family. However, in studying past ages, we sometimes have difficulty in finding social organizations that meet these requirements. The term "state" as we describe it here is most useful in discussing the ninety-odd entities that exist today, rather than for describing the whole medieval and ancient world.

The Elements of Political Science by Alfred de Grazia, Vol. 2, THE FREE PRESS, New York, COLLIER-MACMILLAN LIMITED, London 1952, 1962 http://www.grazian-archive.com/politics/PolOrganization/PO_C01.htm To focus on the Montevideo criteria for the moment, of great relevance to this discussion is Article 3 of the Convention, which states:

ARTICLE 3 The political existence of the state is independent of recognition by the other states. Even before recognition the state has the right to defend its integrity and independence, to provide for its conservation and prosperity, and consequently to organize itself as it sees fit, to legislate upon its interests, administer its services, and to define the jurisdiction and competence of its courts. The exercise of these rights has no other limitation than the exercise of the rights of other states according to international law.

Under that article, the existence of the Kingdom is not dependent on the United States agreeing to recognize the Kingdom. To the contrary, the article acknowledges that the Kingdom “has the right to defend its integrity and independence," just like any other nation, whether recognized or not. As far as the relationship between the United States and the Kingdom, I believe that the research that has emerged regarding the legally ineffective annexation by joint resolution and the equally ineffective attempt to invalidate the Kingdom’s treaties through passage of that resolution leads inexorably to the conclusion that the treaties between the United States and the Kingdom still exist and that no action taken to date by the United States extinguished the Kingdom. Only the legitimate Kingdom Government has been in absentia as a direct result of United States aggression.

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Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

Because the Kingdom still exists, the relationship between the United States and the Kingdom is a sovereign to sovereign relationship. That relationship is codified in Article 4 of the Convention.

ARTICLE 4 States are jurisdictionally equal, enjoy the same rights, and have equal capacity in their exercise. The rights of each one do not depend upon the power which it possesses to assure its exercise, but upon the simple fact of its existence as a person under international law.

Under Article 6, the relationship based on mutual recognition still exists. ARTICLE 6 The recognition of a state merely signifies that the state which recognizes it accepts the personality of the other with all the rights and duties determined by international law. Recognition is unconditional and irrevocable.

The controversy created by the proposal to build the TMT on sacred ground is an internal matter for the Kingdom to resolve. According to Article 8, you, your State agencies, and your law enforcement personnel have no legitimate interest in this controversy.

ARTICLE 8 No state has the right to intervene in the internal or external affairs of another.

As far as the current conflict surrounding the Mountain and the telescope, Article 10 calls for negotiation.

ARTICLE 10 The primary interest of states is the conservation of peace. Differences of any nature which arise between them should be settled by recognized pacific methods.

Your preference for the use of force, arrests, and prosecutions as the pathway to resolution violates that article.

In your embrace of violence, you walk in the footsteps of your political ancestors who invaded our nation, overthrew our government, and stole our lands. By the time of the Montevideo Convention, the United States had foresworn such actions.

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Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

ARTICLE 11

The contracting states definitely establish as the rule of their conduct the precise obligation not to recognize territorial acquisitions or special advantages which have been obtained by force whether this consists in the employment of arms, in threatening diplomatic representations, or in any other effective coercive measure. The territory of a state is inviolable and may not be the object of military occupation nor of other measures of force imposed by another state directly or indirectly or for any motive whatever even temporarily.

The United States reinforced that commitment in a reservation to the Convention that stated:

Every observing person must by this time thoroughly understand that under the Roosevelt Administration the United States Government is as much opposed as any other government to interference with the freedom, the sovereignty, or other internal affairs or processes of the governments of other nations.

You can begin honoring that commitment by acknowledging the restored Kingdom Government and ceasing all attempts to enforce your laws through your law enforcement personnel on Kingdom subjects acting in accordance with Kingdom law.

“There shall be perpetual peace and amity between the United States and the King of the Hawaiian Islands, his heirs, and his successors. -- United States

Treaty with the Hawaiian Islands, December 20, 1849”.

The TMT involves both trespassing onto Kingdom land and desecration of a sacred site, both criminal activities that violate the integrity and independence of the Kingdom.

After reviewing and setting legal precedence on the above legal authority, I again, appeal to your sense of integrity and your respect of law to undo the substantial wrongs surrounding TMT on top of Mauna a Wākea and the Solar Telescope on Haleakala and work with me through my Ali’i Mana’o Nui Lanny Sinkin Esq. to restore the peace and stability lawful to this kingdom. As the Kingdom never ceased to exist and the “annexation” by joint resolution was ineffective, the treaties between the Kingdom and the United States still exist. Under those treaties that acknowledged mutual recognition as sovereign nations, the controversy created by your government on Mauna a Wākea is a transgression of treaty law.

Page 10

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

While my door will always be open to those who wish to kūkākūkā as a prelude to true ho’oponopono, I will not stand by and watch the assertion of illegitimate authority against my people.

If you truly are not willing to engage in negotiations to settle this matter, I am contemplating the

deployment of my Marshals to Mauna a Wākea and Haleakala to support and protect my people

from unlawful arrest and harassments by State law enforcement officers under your authority or

the authority of State agencies. My Royal Marshals are Federal Officers of the Kingdom sworn to

uphold and protect the Kingdom Constitution and Laws and the Orders of their King. Their

protective services would be called upon to respond to violations of Treaty Law, the Laws of

Nations and International Law, and to enforce domestic Kingdom Law.

The Royal Marshals are professionals holding the authority and power issued by me to carry side arms and other weapons to enforce the laws of the Kingdom of Hawai’i. Enforcement includes making lawful arrests to which the arrestees will stand accountable to the proper jurisdiction within our Courts. Anyone acting in violation of treaty law will be subject to arrest and prosecution within the Kingdom. My deploying Kingdom Federal Marshals will be the last consideration. Please do not view that potential as a threat. I am simply completing my government by putting a law enforcement component into place. `Õlelo No `Eau Ho`okāhi e pō`ino, pau pu i ka pō`ino.

One meets misfortune, all meet misfortune. Said of those who are important to the community ― when misfortune befalls one, it is a misfortune for all. The fall of an able war leader is a disaster to his followers just as the fall of a good warrior is a disaster to the leader. Every member of the group is important.

Page 11

Ka Pu’uhonua O Na Wahi Pana O Hawai’i Nei Nou Ke Akua Ke Aupuni O Hawai’i

kingdomofhawaii.info

http://en.wikipedia.org/wiki/List_of_bilateral_treaties_signed_by_the_Kingdom_of_Hawaii

The United Nations Charter provides the rest of the authority to do it.” An autonomous independent sovereign nation-state contemplated under

Article 1 of the 1933 Montevideo Convention on Rights and Duties of States requiring the state as a person of international law possessing the

four qualifications of (a) a permanent population, (b) a defined territory, c) government; and (d) capacity to enter into relations with the other

states.

`A`ohe hana i nele i ka uku.

No deed lacks a reward. Every deed, good or bad, receives its Just reward. Ua Mau ke Ea o ka ʻAina i ka Pono, Edmund K. Silva, Jr. Ali’i Nui Mō’i cc: Na Kupuna Council O Hawai’i Nei ame Moku Ali’i Mana’o Nui Lanny Sinkin Minister of Foreign Affairs