Kuokoa Home Rula, Volume VII, Number 24, 11 June 1909 — The Claim of Liliuokalani, Former Queen of Hawaii. [ARTICLE]

The Claim of Liliuokalani, Former Queen of Hawaii.

Hai\ irs P»n-orR Tnr. OM\fMin-

Kamoluini'ha V was iho I.im of ihis hm'ly llion eame Lun.ililo, who \vas o( anaihn Lunih of duels, im d was cnvoPMjtn. Then <mhk- Kalāk'uia, mliu \vas ~ '' ■'* ' 1 ihom Loik tho i>vit po-?iLusi ih u kamehameha V did, LhaL they v., u ,-s ,->« to ihe ihione and entilled to ihe īneome of this estate la Kamehamolu V .s time an aei was p.issod nnkmu; thesc lanel-, inahmuMo, and providing fot threo c.'oiimiissioin 'us, whon' powci\s wom hnmed to lcasrs for lonns n<atoo\ooodLhiriy ycars. Provision was also mado that a poriion of iho īneome should be applieel lo the e v tinguishmiMt of o\istm£ morLgaj;es, wluoh was donc. AII tlio mom. ,n O ., by tho fotirth thodyn,tsty woio p t;d otl Aiu- ol um to itihcritLinco of these lands ihrouu;h Lho hon at hnv'nf Kamehameha IV whieh mi u ht have been sot u]i was oMiiiL'i'isheJ b\ a doed of ihe High Chitfoss Rulli Slu \w, iho hou at* law of the faLher of thefourih km? I'h.a w.r s bioughL abouL through Mr. Claus SpLeckiei't, dc siu to eoiilhin hiS tītle to a Lrari uf land of whieh h.» had laken a lease He bought"the interesl of this chiefcss 111 all tho lands, made a compromise with LheGovernmenL, wcnt lieloie Lhe legislaLure and said if Lhey would ffivehima fee simple Lule to his land he would convey all the halanee of Llie land whieh he got by the deed to the Government. N°w, my argument i b thit>: Th.u through this estate was tnanaged by a board of commissioners it still retains its character of private properiy of the sovereign asdisting-U3shed from puhhe domain, and it must be treated exactly as any another trust estate crcatbd by a pm.Uc individual would be treated. Here is a deed of tiust, thc terms of the deed .ue that a certain perbon shall have Lhoineome of this properly during his liletime Mr GRAHAM. Do yoīi mainLain LhaL pnvate estate vested in the person as an individual or as a sovereign? Mr HatcH. It could not havc vcsted in her unlesS she had been soveieie;n by the teimb of theLrust, but ieontend that the ter ms limited the use o, thc meome to the sovereign were words of description only Phe sovereign was not prohibited from holding pnvate property The United Statesj who ho!ds the mle, cloc3 rrot hold h as Kmg of Hawaii. It holds it through the aeL ot the constitutional convention-of the Repubhc oi Plawan, whieh simpl> thrut this whole thmg aside b> a brief declaration that Lhe lands wrre and always had been a public domain Ido not ihink that is a »ery satisfactory title for the United States to standon m vi&wofthe history of these lands, If n could be shown that the E.epublic of Hawan had eVer attempted to deprive this lady of her private interesL in Lhis jand by a condemnation proceedmg—no law of attainder ever existed in Hawau; there his heen no law there whieh would automatically deprive a sovereign of any property — it it could be shown that there had been any attempt to depnve her of hertit'e by an> jud ieial proceedings, my argument \vould be weak. I was a member of Lhat constituLional convention. I consider that that dec!aration m regard to the crown should he construed simply as an act of war. President Cleve]and'saclion injnred her mstead of helping her. There was nothmg left for ihe Repubhc of Hawaii to do but to put thc queen under arrcsL to brcak upthenego tiations whieh were gomg on betweenher and the Americanministerwho had been accredīted Lo Mr Doleb government. Mr FULTON Under your statcment for a number of years this land undoubCed Iy was helel as pnvaL<? land of the monarchs? Mr. Hatcii. Ycs, sir. Mr FuLTON. But lunderstand lapr on they dceded this 13tnd. or con\eyed it, to commis>sioners^ Mr. HaTCI-I. Yes, as private Lrustees Mr. FULTON. Anel only retained Lhe use of Mr. HATCII, Ycs sir. Mr. FULTON. Wheie did the lule '40 LhenP Mr. HaTCH. In llie trust(jt"- I contend thc legal tttle is in the boardof truj,Lees t]iirīnnr tlic hk'Limeof thts lady. Mr. FULTON. Djd īnl il cease thon lo heeonie prtvate pro perty? Mr. HM'CH Al v/lul poinL |J Mr. FULTON. When tho legnl tif!c wis co'ivjyed to these commissioners. Mr H\TCH. No; bocauso tt was ptirelv a pnvate tiust. Mr FULTON. What eoulel the LrusLees Mr. HatC!l. Make leases, eolleel Lhe īneo ne and pay it to Lhe beneuciary named īn Lhe LrusL. Mr. FLJLTON. Did Lhey hai e any nghl 111 it themselves? Mr. HatCII. No; none whaLe\et. Thoy v:eie paid a salary oat of the rentr; that was putelv a pnvale mattei over whieh ihe legiakture never exetcti.ed an\ authoiity It was nev r er in chaige of any pubhc dcpartm<_nt ol the Kmgdom of Hawa:i. The inmisLet of thc iulciior had 110 authonLy whatever ovet these crown hndb Nobody exercised any authonty over Lhem except thc commiSbioners. until Lhe Repubhc of Hawau simply Louk pos<īession The CIIAIR\IAN. I understand as a member of the constituLional con\ention you Look thc position llial the members of the eonstitutional conveiiLiun h id a nghi to deelaie that these lands weie, pahhe lane.. Mr. HATCH- Yes v . The CiIATRMAN. Since that imio, a'-, a lawyer, 3'ou take the pomliuii that the_, wcre noL 'iu 1 b 11 ' lands Lu lli/ Pueea?-