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 1887.
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 1887 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, 1887, 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, 1887, 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.
