As a result of the Hawaiian Legislative body's inability to reconvene as a result of the Bayonet Constitution of 1887, Queen Lili‘uokalani was unable to receive confirmation hearings by the House of Nobles for her named successors to the Office of Monarch, namely, first, Princess Ka‘iulani, secondly, Prince David Kawanakoa, and thirdly, Prince Jonah Kuhio Kalaniana‘ole. The lawfully appointed members to the House of Nobles were prevented from reconvening after the 1886 Legislative Session until the death of Queen Lili‘uokalani on November 11, 1917.

Hawaiian Legislature Constitutionally Impaired at the Death of the Queen

At the death of Her late Majesty Queen Lili‘uokalani, two of the three houses in the Legislative Assembly had been compromised, namely the office of Monarch and the House of Nobles. In accordance with ß771, art. XXX, chap. XI, title 3, Civil Code of the Hawaiian Kingdom, Compiled Laws of 1884, p. 218, the "King (Monarch) appoints the members of the House of Nobles, who shall hold their seats during life." The House of Nobles last met in Legislative session in October of 1886, but today there are no surviving members. Since the death of Her late Majesty Queen Lili‘uokalani, there has been no Monarch to appoint individuals to the House of Nobles in accordance with the laws of the Kingdom, and consequently, there are no Noblemen to confirm a proclaimed successor or in the absence of the same, to select a native Ali‘i (Chief) to be Constitutional Monarch. Since October 16, 1886, being the last legislative session to convene under Hawaiian Kingdom law, and December 15, 1995, all of the following members of the House of Nobles, who held life terms, had died, namely: L. Aholo, J.E. Bush, R.J. Creighton, J.O. Dominis, W.M. Gibson, P. Isenberg, J. Kaae, J.M. Kapena, H. Kuihelani, J.H.S. Martin, P. Neumann, S. Parker, H.A. Widemann, C.R. Bishop, A.S. Cleghorn, J.T. Dare, J.I. Dowsett, C.T. Gulick, C.H. Judd, P.P. Kanoa, J.L. Kaulukou, G.W. Macfarlane, J. Mott-Smith, J.P. Parker, G. Rhodes, S.G. Wilder. ¹

Hawaiian Law did not Assume the Whole of the Government would be made Vacant

As a result of these unforeseen events, which affected the Legislative representation of the vested rights of the Government class (i.e. Monarch) and the Chiefly class (i.e. House of Nobles), the remaining class, being the Tenants, is the only class capable of reconvening the Hawaiian Legislature as the House of Representatives, to elect by ballot a "permanent" Regent or Council of Regency in accordance with Article 33 of the Constitution of 1864.

The law did not assume that the whole of the Hawaiian Kingdom Government, being separate and distinct from the nation state of the Hawaiian Islands under international law, would be made vacant. Consequently, it did not not formalize provisions for every step of the reactivation of the Government. In the absence of the same, the following course of action was taken in the re-establishment of the Hawaiian Kingdom Government by and through its Executive branch.

In order for the Government of the Hawaiian Kingdom to be re-established and the Legislative Assembly to be re-assembled, an Acting Executive Head of State must be established in conformity with the laws of the Hawaiian Kingdom. The term acting officer is used to designate, not an appointed incumbent, but a person who is performing the duties of an office to which he himself does not claim title. ² In the absence of a named successor to the Throne, Article 33 of the Constitution of 1864 provides that "...should a Sovereign decease, leaving a Minor Heir, and having made no last Will and Testament, the Cabinet Council at the time of such decease shall be a Council of Regency, until the Legislative Assembly, which shall be called immediately, may be assembled, and the Legislative Assembly immediately that it is assembled shall proceed to choose by ballot, a Regent or Council of Regency, who shall administer the Government in the name of the King, and exercise all the Powers which are Constitutionally vested in the King..."

Extrapolation of Hawaiian Law Provides the Basis for Assumption of Constitutional Authority

Article 33 of the Hawaiian Constitution, 1864, provides that the Cabinet Council shall be a "temporary" Council of Regency until the Legislative Assembly can be assembled to choose by ballot, a "permanent" Regent or Council of Regency, who shall administer the Government in the name of the King, and exercise all the Powers which are Constitutionally vested in the King.

Article 42 of the Hawaiian Constitution, 1864, provides that the Cabinet Council consists of the Minister of Foreign Affairs, the Minister of Interior, the Minister of Finance and the Attorney General of the Kingdom. Extrapolation of this Law allows the Minister of Interior to assume the powers vested in the Cabinet Council in absentia of the Minister of Foreign Affairs, the Minister of Finance and the Attorney General, and consequently serve as the Council of Regency.

§1249 of the Civil Code of the Hawaiian Islands, provides that "there shall be a bureau in the department of the Interior to be called the Bureau of Conveyances; and His Majesty shall appoint, upon the nomination of the Minister of Interior, some suitable person to superintend said Bureau, under the direction of said Minister, who shall be styled the 'Registrar of Conveyances.'" Extrapolation of this Law allows the Registrar of Conveyances to assume the powers vested in the Minister of Interior in absentia of the same; secondly, the powers vested in the Cabinet Council in absentia of the Minister of Foreign Affairs, the Minister of Finance and the Attorney General; and finally the Council of Regency.

An Act to Provide for the Registration of Co-partnership Firms, August 9, 1880, provides that "whenever any two or more persons shall carry on business in this Kingdom in co-partnership, it shall be incumbent for such persons to file in the office of the Minister of Interior...." Extrapolation of this Law allows general partnerships registered in compliance with the said Act of 1880, the capability of assuming the powers vested in the Registrar of the Bureau of Conveyances in absentia of the same; secondly, the powers vested in the Minister of Interior in absentia of the same; thirdly, the powers vested in the Cabinet Council in absentia of the Minister of Foreign Affairs, the Minister of Finance and the Attorney General; and finally the Council of Regency.

Trustees of the Hawaiian Kingdom Trust Company to Serve as Acting Council of Regency

On December 10, 1995, the Perfect Title Company was formed in compliance with the said Act of 1880, and filed at the Bureau of Conveyances, being a part of the Interior Department, nineteen days previous to its commencement on November 27, 1995 at 2:00 p.m., and assigned document no. 95-153346. On December 15, 1995, the same general partners of the Perfect Title Company formed a second partnership under the firm name of the Hawaiian Kingdom Trust Company and filed at the Bureau of Conveyances on January 2, 1995 at 2:30 p.m, and assigned document no. 96-000263.

Being the only registered co-partnership firms existing under and by virtue of Kingdom law, the Perfect Title Company and the Hawaiian Kingdom Trust Company, were equally authorized to serve as Acting Registrar of the Bureau of Conveyances in absentia of the same; secondly, to serve as Acting Minister of Interior in absentia of the same; thirdly, to serve as Acting Cabinet Council in absentia of the Minister of Foreign Affairs, the Minister of Finance and the Attorney General; and finally as the Acting Council of Regency, provided there were no other partnerships registered in accordance with said Act of 1880 as of January 2, 1996, at 2:30 p.m.

Between the two partnerships, its general partners chose to have the Hawaiian Kingdom Trust Company, by its Trustees, assume the role as the Acting Council of Regency in compliance with Article 33 and Article 42 of the 1864 Constitution; §1249 of the Hawaiian Civil Code; and An Act to Provide for the Registration of Co-partnership Firms, August 9, 1880.

Trust Company to serve as Vehicle to re-establish Hawaiian Government

Article 1 of the Hawaiian Kingdom Trust Company's deed of general partnership provided that "the company will serve in the capacity of acting for and on behalf of the Hawaiian Kingdom government. The company has adopted the Hawaiian Constitution of 1864 and the laws lawfully established in the administration of the same." ³

Deeds of Trust "Authorize" Trust Company to Serve as Government

The Hawaiian Kingdom Trust Company acquired thirty-nine (39) Deeds of Trust, all being registered at the Hawai‘i Bureau of Conveyances. ⁴ The Deeds of Trust stated that the beneficiary "...in consideration aforesaid and in order to more effectually carry out the intention of this deed doth hereby grant unto the said trustee, its successors and assigns full power to serve in the place of the absentee government, for the benefit of the same; and in the name of the trust to institute and prosecute to final judgment and execution all suits and actions at law, in equity and in admiralty for any breach or violation of Hawaiian law, at the expense of the grantors; and the same to defend if brought against the said grantors by any pretended proprietor or foreign government; and to refer any matter in dispute to arbitration and the same to settle and compromise; and to do all acts in the management of the affairs of said parties as if it were the absentee government in the capacity aforementioned." The Hawaiian Kingdom Trust Company was not only competent to serve as the Acting Cabinet Council, but also possessed a fiduciary duty toward its beneficiaries to serve in the capacity of the Government of the Hawaiian Kingdom, until it is completely re-established in accordance with the terms of the 1864 Constitution.

Trustees Appoint Acting Regent in their Stead

In these extraordinary circumstances, an Acting Regent (pro tempore) should be appointed by the Trustees of the Hawaiian Kingdom Trust Company, serving in the place and stead of the Trustees of the Hawaiian Kingdom Trust Company, to direct the Executive Branch of Government of the Kingdom in the formation and execution of the election of the House of Representatives in accordance with Article XXXI, Chapter XI, Title 3 of the Civil Code of the Hawaiian Kingdom, before a "permanent" Regent or Council of Regency can be confirmed or amended by law.

David Keanu Sai to be Appointed Acting Regent

The Trustees of the Hawaiian Kingdom Trust Company had determined that David Keanu Sai, being a partner and Trustee himself, should be appointed as Acting Regent to serve in the place of the Trustees of the Hawaiian Kingdom Trust Company. Therefore, in order to receive an appointment by the said Trustees of the Hawaiian Kingdom Trust Company, David Keanu Sai, on February 20, 1996, did convey by deed all of his fifty percent (50%) undivided right, title and interest as a general partner and trustee in and to the businesses of the Hawaiian Kingdom Trust Company and the Perfect Title Company, to Donald A. Lewis, the other general partner and trustee of the two partnerships. ⁵ This conveyance served as a release of any and all interests in the two partnerships before accepting the appointment as Acting Regent.

Thereafter, in a simultaneous transaction, Donald A. Lewis, did convey by deed a one percent (1%) undivided right, title and interest in and to the businesses of the Hawaiian Kingdom Trust Company and the Perfect Title Company to Nai‘a-Ulumaimalu, as a general partner and trustee of the said partnerships, in order to maintain the co-partnerships within the meaning of an "Act to Provide for the Registration of Co-partnership Firms." ⁶

Trustees Appoint Acting Regent

On March 1, 1996, the Trustees of the Hawaiian Kingdom Trust Company having the fiduciary duty of serving as the Acting Cabinet Council as defined in Article 33 of the Constitution of 1864, had appointed David Keanu Sai to be Acting Regent entrusted with the administration of the Government of the Hawaiian Kingdom during the absence of a Monarch. He shall hold office until such time as the Legislative Assembly (i.e. House of Representatives) shall hereafter convene to confirm or amend this appointment in accordance with Article 33 of the Constitution of 1864. ⁷ Thereafter the Hawaiian Kingdom Trust Company resumed its role as a general partnership within the meaning of an "Act to Provide for the Registration of Co-partnership Firms."

Trust Company Dissolved and Authority Transferred to Acting Regent

On June 30, 1996, the Hawaiian Kingdom Trust Company was dissolved in accordance with the provisions of its deed of general partnership. ⁸ Article 1 of the Hawaiian Kingdom Trust Company's deed of general partnership provides that the company "...shall remain in existence until the absentee government is re-established upon which all records and monies of the same will be transferred and conveyed over to the office of the Minister of Interior, to have and to hold under the authority and jurisdiction of the Hawaiian Kingdom."

By virtue of the appointment of the Acting Regent on March 1, 1996, as chief executive of the Government of the Hawaiian Kingdom, and the Acting Regent's authority to appoint the Minister of Interior under §30, Chapter VI, Title II, Civil Code of the Hawaiian Kingdom, Compiled Laws of 1884, p. 8, the Hawaiian Kingdom Trust Company, by its Trustees, did remise, release and forever quitclaim unto David Keanu Sai, as Acting Regent of the Hawaiian Kingdom, all of its right, title and interest acquired by certain "Deeds of Trust" under the exclusive authority and jurisdiction of the Hawaiian Kingdom.

Acting Regent Publicly Proclaims Hawaiian Government Re-established

On February 28, 1997, a Proclamation of the Acting Regent of the Hawaiian Kingdom was printed in the March 9, 1997, issue of the Honolulu Sunday Advertiser, proclaiming in part, to wit, that the "...Hawaiian Monarchical system of Government is hereby re-established," and the "...Civil Code of the Hawaiian Islands as noted in the Compiled Laws of 1884, together with the session laws of 1884 and 1886 and the Hawaiian Penal Code are in full force. All Hawaiian Laws and Constitutional principles not consistent herewith are void and without effect."

National Voter Registration Proclaimed

On February 13, 1998, a Proclamation of National Voter Registration by the Acting Regent of the Hawaiian Kingdom was printed in March 1998 issue of the Hawaiian News, proclaiming in part, to wit, that "...before the elections shall take place to reconvene the House of Representatives, a registration of voters within the Realm must first take place beginning on the 14th day of February, A.D. 1998, and extending to a time to be hereafter determined, so that subjects of the Kingdom may be apprised of their constitutional rights and voter qualifications; and that all back taxes to be paid by qualified voters, in accordance with law, shall be computed at a rate of one dollar ($1.00) for each and every year the qualified voter and his predecessors have been absent from the Constitutional Government of the Hawaiian Kingdom since the 17th day of January, A.D. 1893, to the date of the qualified voter's registration."

Council of Regency Serves in the Stead of Acting Regent

In the summer of 1999 the Acting Regent had commissioned, by statute, Peter Umialiloa Sai as Acting Minister of Foreign Affairs, Kau'i P. Goodhue as Acting Minister of Finance, and Gary V. Dubin, Esquire, as Acting Attorney General. On September 10, 1999, it was determined by resolution of the Privy Council "...that the office of the Minister of Interior shall be resumed by David Keanu Sai, thereby absolving the office of the Regent, pro tempore, and the same to be replaced by the Cabinet Council as a Council of Regency, pro tempore, within the meaning of Article 33 of the Constitution of the Country."

ENDNOTES

1. See Roster Legislatures of Hawai‘i, 1841-1918, p. 156.
2. See Black's Law Dictionary, 4th Ed., p. 45. Acting Officer. "The phrase "acting officer" is used to designate, not an appointed incumbent, but merely a locum tenens, who is performing the duties of an office to which he himself does not claim title."
3. See Doc. no. 96-000263, Hawai‘i Bureau of Conveyances.
4. See Doc. no.'s 96-004246, 96-006277, 96-014116, 96-026387, 96-026388, 96-028714, 96-024845, 96-032930, 96-044551, 96-044550, 96-047382, 96-047380, 96-047379, 96-047381, 96-056981, 96-052727, 96-060519, 96-032728, 96-057667, 96-057668, 96-060520, 96-061209, 96-061207, 96-056980, 96-052729, 96-063384, 96-063385, 96-063382, 96-057664, 96-019923, 96-046712, 96-063386, 96-063382, 96-063383, 96-066996, 96-061208 and 96-046711, Hawai‘i Bureau of Conveyances.
5. See Doc. no. 96-026389, Hawai‘i Bureau of Conveyances.
6. See Doc. no. 96-027002, Hawai‘i Bureau of Conveyances.
7. See Doc. no. 96-035316, Hawai‘i Bureau of Conveyances.
8. See Doc. no. 96-067865, Hawai‘i Bureau of Conveyances.