King's Letter To Governor Ige Moving Forward

His Majesty Edmund K. Silva, Jr.
Nou Ke Akua Ke Aupuni O Hawaii
August 14, 2015

To:
The Honorable David Y. Ige

Governor, State of Hawaii
Executive Chambers, State Capitol
415 Beretania
Honolulu, Hawaii 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.
c.c.:
Protectors of the Mountain

Mauna a Wkea Vigil Site
(Hand Delivery)
Ka Puuhonua O Na Wahi Pana O Hawaii 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.)
Page 2
Frank Kamealoha Anuumealani Nobriga

Tahuna of the Temple of Lono
c/o Lanny Sinkin
P. O. Box 944
Hilo, Hawaii 96721
lanny.sinkin@gmail.com
Suzanne Case
Chairperson
State of Hawaii Department of Land and Natural Resources
1151 Punchbowl
dlnr@hawaii.gov
Kekoa Kaluhiwa
First Deputy
State of Hawaii Department of Land and Natural Resources
1151 Punchbowl
dlnr@hawaii.gov
Stephanie Nagata
Office of Mauna Kea Management
640 No. Aohk
Hilo, Hawaii 96720
omkm@hawaii.edu
Donald Don Straney
Office of the Chancellor
University of Hawaii
Portable Building 20
Hilo, Hawaii 96720
dstraney@hawaii.edu

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.
Page 3
The Office of Hawaiian Affairs

560 Nimitz Highway, Suite 200
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 Hawaiì
2444 Dole Street, Bachman 202
Honolulu, Hawaiì 96822
david.lassner@hawaii.edu
Chief of Police Harry S. Kubojiri
349 Kapiolani Street
Hilo Hawaii 96720
hcpdone@hawaiicounty.gov
Douglas Chin
Hawaii Attorney General
425 King Street
FAX: (808) 586-1239
hawaiiag@hawaii.gov
Mitch Roth
Hawaii County Prosecuting Attorney
655 Kilauea Avenue
Hilo, Hawaii 96720
hilopros@co.hawaii.hi.us

states.
Page 4
Kalani Flores
P0 Box 6918
Kamuela, Hawaii 96743
ekflores@hawaiiantel.net
Professor Williamson Chang
<wbchang@hawaii.edu>
Douglas Ing
Attorney for Thirty Meter Telescope
Watanabe Ing
999 Bishop Street, 23rd Floor
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 Wkea. The
resolution would be for the period extending until the Hawaii 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 Alii Manao Nui Lanny
Sinkin.
Shortly thereafter, the Alii Manao 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.

states.
Page 5
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 Alii Manao 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 Hawaii County Prosecutor to agree to the dismissal of all charges
against those who have stepped forward to protect Mauna a Wkea from the criminal trespass and
desecration planned by TMT.
I call upon you, the DLNR, and the Hawaii County Prosecutor to agree to rescinding the rules
recently adopted by DLNR regarding Mauna a Wkea and/or to suspending the enforcement of
those rules.
Governor, the Kingdom of Hawaii 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.

states.
Page 6
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
Hawaii 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
I formally separated the Kingdom from the United States through the Declaration issued on
June 23, 2003. http://kingdomofhawaii.info/wpcontent/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.

states.
Page 7
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, COLLIERMACMILLAN 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 Kingdoms 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.

states.
Page 8
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.

states.
Page 9
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 Wkea and the Solar Telescope on Haleakala and work with me through my Alii Manao
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 Wkea is a transgression of treaty law.

states.
Page 10
While my door will always be open to those who wish to kkkk as a prelude to true
hooponopono, 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 Wkea 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 Hawaii. 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.
`lelo No Èau
Hoòkhi e pìno, pau pu i ka pìno.
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.

states.
Page 11
Àòhe 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 Aina i ka Pono,
Edmund K. Silva, Jr.

Alii Nui Mi
cc:
Na Kupuna Council O Hawaii Nei ame Moku
Alii Manao Nui Lanny Sinkin
Minister of Foreign Affairs

states.

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His Majesty Edmund K. Silva, Jr.

Nou Ke Akua Ke Aupuni O Hawaii

August 14, 2015

The Honorable David Y. Ige

Pelekikena Barack H. Obama

Protectors of the Mountain

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

Frank Kamealoha Anuumealani Nobriga

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

The Office of Hawaiian Affairs

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

These several characteristics of the state-a territory, a people, a government, and

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

One meets misfortune, all meet misfortune.

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

`A`ohe hana i nele i ka uku.

No deed lacks a reward.

Edmund K. Silva, Jr.

Ka Puuhonua O Na Wahi Pana O Hawaii Nei

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